網頁圖片
PDF
ePub 版

Separate property of wife.

into the General Fund in the County Treasury.-Ream vs. Siskiyou, 36 Cal., p. 620.-See also note to Section 3692 of this Code where the decisions bearing upon the question of taxation have been fully annotated, for which reason they are omitted here.

SEC. 14. All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterward by gift, devise, or descent, shall be her separate property, and laws shall be passed more. clearly defining the rights of the wife in relation as well to her separate property as to that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property.

NOTE.-The capacity of the wife to hold separate property is created by the Constitution. Her title depends upon the mode of acquisition, and not upon filing an inventory.-Selover vs. Am. Russ. Com. Co., 7 Cal., p. 266. The term "separate property," in this section, is used in its common law sense, and means an. estate held both in its use and in its title for the exclusive use of the wife; neither the husband nor the creditor can claim the proceeds of the separate estate, and a law giving either such proceeds would be unconstitutional. George vs. Ransom, 15 Cal., p. 322. The word "separate" neither enlarges nor limits the wife's right to the property mentioned, but merely distinguishes it from her common property.-Dow vs. G. & C. S. M. Co., 31 Cal., p. 630. The phrase "and laws shall be passed more clearly defining the rights of the wife in relation to her separate property," refers to

[ocr errors]

the disabilities under which the wife labored at common law, and not to the mode and form in which she may convey her separate property.-Dow vs. G. & C. S. M. Co., 31 Cal., p. 630. Statutes providing that the wife cannot mortgage her separate real estate unless her husband joins in the conveyance, and operating in future, are constitutional.-Harrison vs. Brown, 16 Cal., p. 287. A legislative enactment, requiring a deed conveying the separate property of the wife to be signed by the husband as well as the wife, is constitutional.Dow vs. G. & C. S. M. Co., 31 Cal., p. 630. The Act of April 3d, 1863, validating powers of attorney theretofore made by married women for the sale of their separate estate, was, in Dentzell vs. Waldie, 30 Cal.,p. 138, held constitutional, upon the ground that it was

within the power of the Legislature to validate and

confirm contracts made in good faith, but not in the
precise mode prescribed by existing laws.

steads.

SEC. 15. The Legislature shall protect by law from Homeforced sale a certain portion of the homestead and other property of all heads of families.

NOTE.-An Act making the failure to file for record

a declaration of homestead a forfeiture of the home-
stead right, is not unconstitutional.-Noble vs. Hook,
24 Cal., p. 638.

ties.

SEC. 16. No perpetuities shall be allowed except for Perpetuieleemosynary purposes.

SEC. 17. Every person shall be disqualified from hold- Bribes. ing any office of profit in this State who shall have been convicted of having given or offered a bribe to procure his election or appointment.

SEC. 18. Laws shall be made to exclude from office, serving on juries, and from the right of suffrage, those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes. The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting, under adequate penalties, all undue influence thercon from power, bribery, tumult, or other improper practice.

Suffrage, jury, and

ballot box

protected.

SEC. 19. Absence from this State on business of the Residence. State or of the United States shall not affect the question of residence of any person.

vote.

SEC. 20. A plurality of the votes given at any election Plurality shall constitute a choice, where not otherwise directed in this Constitution.

SEC. 21. All laws, decrees, regulations, and provisions which from their nature require publication shall be published in English and Spanish.

[blocks in formation]

Boundary of the State defined.

ARTICLE XII.

BOUNDARY.

SECTION 1. Boundary of the State defined.

SECTION 1. The boundary of the State of California shall be as follows:

Commencing at the point of intersection of fortysecond degree of north latitude with the one hundred twentieth degree of longitude west from Greenwich, and running south on the line of said one hundred twentieth degree of west longitude until it intersects the thirty-ninth degree of north latitude; thence running in a straight line in a southeasterly direction to the River Colorado, at a point where it intersects the thirty-fifth degree of north latitude; thence down the middle of the channel of said river to the boundary line between the United States and Mexico, as established by the treaty of May thirtieth, one thousand eight hundred and fortyeight; thence, running west and along said boundary line, to the Pacific Ocean, and extending therein three English miles; thence, running in a northwesterly direction and following the direction of the Pacific Coast, to the forty-second degree of north latitude; thence, on the line of said forty-second degree of north latitude, to the place of beginning. Also, all the islands, harbors, and bays along and adjacent to the coast.

SCHEDULE.

SECTION 1. Mexican laws in force.

2. Removal of causes.

3. Change of Government.

4. Residence necessary to hold office.

5. Who are voters at the first election.

6. Constitution to be submitted to vote of the people. Elec

tion, returns, canvass, and proclamation.

7. Transmission to Congress.

SECTION 8. Election of officers.
9. Meeting of Legislature.

10. Report of canvassers.

11. Election by Legislature of United States Senator.
12. Application for admission into the Union.

13. Installation of officers.

14. Apportionment of representation.

15. Salaries of State officers till fixed.

16. Eighth Article does not apply to expenditures of the first
Legislature.

laws in

force.

SECTION 1. All rights, prosecutions, claims, and con- Mexican tracts, as well of individuals as of bodies corporate, and all laws in force at the time of the adoption of this Constitution and not inconsistent therewith, until altered or repealed by the Legislature, shall continue as if the same had not been adopted.

of causes.

SEC. 2. The Legislature shall provide for the removal Removal of all causes which may be pending when this Constitution goes into effect to Courts created by the same.

SEC. 3. In order that no inconvenience may result to the public service from the taking effect of this Constitution, no office shall be superseded thereby nor the laws relative to the duties of the several officers be changed. until the entering into office of the new officers to be appointed under this Constitution.

Change of ment.

Govern

necessary

to hold

office.

SEC. 4. The provisions of this Constitution concerning Residence the term of residence necessary to enable persons to hold certain offices therein mentioned, shall not be held to apply to officers chosen by the people at the first election, or by the Legislature at its first session.

SEC. 5. Every citizen of California declared a legal voter by this Constitution, and every citizen of the United States a resident of this State on the day of election, shall be entitled to vote at the first general election under this Constitution, and on the question of the adoption thereof.

SEC. 6. This Constitution shall be submitted to the people for their ratification or rejection at the general

Voters at election.

the first

Constitu

tion to be

Election.

election to be held on Tuesday, the thirteenth day of submitted. November next. The Executive of the existing Government of California is hereby requested to issue a proclamation to the people, directing the Prefects of the several districts, or, in case of vacancy, the Sub-Prefects or Senior Judge of First Instance, to cause such election to be held on the day aforesaid in their respective districts. The election shall be conducted in the manner which was prescribed for the election of Delegates to this Convention, except that the Prefects, Sub-Prefects, or Senior Judge of First Instance ordering such election in each district shall have power to designate any additional number of places for opening the polls, and that in every place of holding the election a regular poll list shall be kept by the Judges and Inspectors of Election. It shall also be the duty of these Judges and Inspectors of Election, on the day aforesaid, to receive the vote of the electors qualified to vote at such election. Each voter shall express his opinion by depositing in the ballot box a ticket whereon shall be written or printed, "For the Constitution," or "Against the Constitution," or some such words as will distinctly convey the intention of the voter. These Judges and Inspectors shall also receive the votes for the several officers to be voted for at the said election, as herein provided. At the close of the election the Judges and Inspectors shall carefully count each ballot, and forth with make duplicate returns thereof to the Prefect, Sub-Prefect, or Senior Judge of First Instance, as the case may be, of their respective districts; and said Prefect, Sub-Prefect, or Senior Judge of First Instance shall transmit one of the same, by the most safe and rapid conveyance, to the Secretary of State. Upon the receipt of said returns, or on the tenth day of December next, if the returns be not sooner received, it shall be the duty of a Board of Canvassers, to consist of the Secretary of State, one of the Judges of the Superior Court, the Prefect, Judge of First Instance, and an Alcalde of the District of Monterey, or any three of the aforementioned officers, in the presence of all who shall choose to attend, to compare the votes given at said elec

Returns.

Canvass.

« 上一頁繼續 »