5 13 5 13 5 6 11 11 11 14 Governor, may convene the legislature by proclamation... shall communicate, by message, to the legislature, annually, the condition of the state, etc...... may adjourn the legislature in case of disagreement between the two houses no person holding office under the United States or this state to exercise the office of....... shall have power to grant reprieves and pardons...... may suspend execution of sentence shall report to legislature the reprieves ART. SEC. Ст 55451 shall have power to call out militia, etc 7 Grants, form of........ Habeas Corpus...... may be issued by judges of supreme, Homestead, shall be protected... Husband and Wife, property of, how held...... 11 laws shall be passed clearly defining the rights of the wife, etc... registration of wife's property to be provided for. See Marriage 12 232 13 in all elections by vote, to be viva voce 4 38 may be convened by governor 44444 11 29 35 5 9 shall establish a system of county and 17 town governments.. 21 15 when and where first to assemble and 5 Judicial Decisions, provision to be made for their publication free for publication to any person...... Judges, not to receive fees to their own use.... compensation of, not to be increased or diminished during term...... ineligible to other office during the term for which elected.... not to charge juries relative to matters of fact... Jury, right of trial by, secured.. no person to be held to answer for capital crime unless on presentment, etc.... charge to, how to be made.... persons convicted of certain crimes disqualified from.... Justices of the Peace, number, powers, duties, etc., to be fixed by law.. appeals from, to be fixed by law...... 4 18 4 19 such limitation not to apply to first legislature Schedule 16 4 19 members privileged from arrest......... exemption from civil process... 4 12 4 12 1 15 vacancies, how filled.... 4 13 doors of each house to be open, except when secrecy is required..... neither house shall adjourn without consent of the other, for more than three days, etc....... 15 55 any bill may originate in either house, etc.... 4 16 Property, private, not to be taken for public shall be conservators of the peace..... time and place of holding, to be pro- compensation of justices not to be increased or diminished during term.. 6 justices ineligible to any other office during term for which elected....... 9 Taxation, to be equal and uniform.... 18 on property, to be according to value. 11 assessors and collectors, how elected.. 11 use, without just compensation...... 1 8 Town Governments, to be established as nearly 144410 uniform as possible throughout the state 1455 4 Treasurer of State, liable to impeachment....... how chosen, term and eligibility....... 5 how chosen and elected.... compensation of, not to be increased or diminished during term... Treasury, no money to be drawn from, but by appropriations 13 18 ・ 00 00 00 00 8 appellate jurisdiction.... 6 power to issue certain writs.... 6 6 6 16 10 6 2 16 6 16 11 13 6 1 19 not to render witness incompetent..... 1 licentiousness, not allowed.... 18 1 20 3 4 4 10 PROCLAMATION TO THE PEOPLE OF CALIFORNIA. A NEW executive having been elected and installed into office, in accordance with the provisions of the constitution of the state, the undersigned hereby resigns his powers as governor of California. In thus dissolving his official connection with the people of this country, he would tender to them his heartfelt thanks for their many kind attentions, and for the uniform support which they have given to the measures of his administration. The principal object of all his wishes is now accomplished-the people have a government of their own choice, and one which, under the favor of divine Providence, will secure their own prosperity and happiness, and the permanent welfare of the new state. Given at San José, California, this 20th day of December, A. D. 1849. B. RILEY, Brevet Brigadier-General U. S. A., and Governor of California. By the Governor: H. W. HALLECK, Brevet Captain and Secretary of State. 1. The brigadier-general commanding the department has this day relinquished the administration of civil affairs in California, to the execution of the government organized under the provisions of the constitution, ratified by the people of California at the recent general election. 2. Brevet Captain H. W. Halleck, corps of engineers, is relieved from duty as secretary of By order of GENERAL RILEY. state. FOR THE ADMISSION OF THE STATE OF CALIFORNIA INTO THE UNION. WHEREAS, the people of California have presented a constitution, and asked admission into the Union, which constitution was submitted to congress by the president of the United States, by message dated February thirteenth, eighteen hundred and fifty, and which, on due examination, is found to be republican in its form of government: Be it enacted, by the senate and house of representatives of the United States of America, in congress assembled, That the state of California shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original states, in all respects whatever. SEC. 2. And be it further enacted, That, until the representatives in congress shall be apportioned, according to an actual enumeration of the inhabitants of the United States, the state of California shall be entitled to two representatives in congress. SEC. 3. And be it further enacted, That the said state of California is admitted into the Union upon the express condition that the people of said state, through their legislature or otherwise, shall never interfere with the primary disposal of the public lands within its limits, and shall pass no law and do no act whereby the title of the United States to, and right to dispose of the same shall be impaired or questioned; and that they shall never lay any tax or assessment of any description whatsoever upon the public domain of the United States, and in no case shall non-resident proprietors, who are citizens of the United States, be taxed higher than residents; and that all the navigable waters within the said state shall be common highways, and forever free, as well to the inhabitants of said state as to the citizens of the United States, without any tax, impost or duty therefor; provided, that nothing herein contained shall be construed as recognizing or rejecting the propositions tendered by the people of California as articles of compact in the ordinance adopted by the convention which formed the constitution of that state. APPROVED September 9, 1850. TO PROVIDE FOR THE PUBLICATION OF THE GENERAL LAWS OF THIS STATE, IN FORCE AT THE EXPIRATION OF THE EIGHTH SESSION OF THE LEGISLATURE. The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. That if W. H. R. Wood shall add to his present manuscript compilation of the laws of this state, all laws of a general nature passed at the eighth session of the legislature, and shall expunge therefrom all laws repealed at said session, and shall then cause said compilation to be printed and bound in a workmanlike manner, equal to the now existing compilation of the laws of this state, then the secretary of state shall receive from said Wood five hundred copies of his said compiled laws, and upon the production, before the board of examiners and the controller, of the secretary of state's receipt for such five hundred copies, the board of examiners shall audit for and allow to the said Wood the sum of five thousand dollars, for which sum the controller shall draw his warrant on the treasurer. SEC. 2. The sum of five thousand dollars is hereby set apart and appropriated out of any moneys in the general fund, not otherwise appropriated, for the purpose of paying the warrant or warrants drawn by the controller under the provisions of this act. SEC. 3. Within six months from the adjournment of the present session of the legislature, said Wood shall complete and publish his compilation of the laws as contemplated by this act, and shall present the same to the board of examiners created by an act entitled "An act to provide for the better protection of the State Treasury," approved April sixteenth, one thousand eight hundred and fifty-six; which said board shall examine the same, and require their approval and certificate that such compilation of the laws is in accordance with the requirements of this act, and contains all the general laws in force; then the controller of state shall issue his warrant or warrants, as is provided for in section first; but the controller shall not issue such warrants until there is money in the treasury for the payment of the same; provided, that before said board of examiners shall give their approval, said Wood shall present the certificate of the secretary of state, that the laws contained in his compilation are true copies of the original laws on file in his office. SEC. 4. Said compilation, when published as herein provided, shall be received as evidence of the law, in all the courts of justice in this state. LAWS OF CALIFORNIA. ARTICLE I-ACTION, CIVIL, LIMITATION OF. ARTICLE 1. Action, to be commenced within the periods pre- 18. Action on account. scribed. 2. Same. 3. By state, for real property. 4. Under patent, etc. 5. After patent declared void. 6. For recovery of real property. 7. Same. 8. Where peaceable entry has been made. 9. Where adverse possession is held. 10. Where entry was made under a conveyance, etc. 11. Adverse possession defined. 12. Same. 13. Same. 14. Where the relation of landlord and tenant exists. 19. Other action for relief. 20. Limitations, to what actions to apply. 21. Action, when deemed commenced. 22. Where defendant is out of the state at the time cause of action accrued. 23. Limitation, when not to run. 24. Action by representative of deceased. 25. Action by alien enemy. 26. Where judgment is reversed. 27. Where action stayed by injunction, etc. 28. Disability, must exist when right of action accrued. 29. Where two or more disabilities co-exist. 30. Action, against corporations to recover a penalty, etc. 31. Acknowledgement, etc. must be in writing. 17. Limitation of actions other than for recovery of 33. When action barred where cause arose. 34. Action, on judgment, etc. made out of the state. Act of April 22, 1850, defining Time of Commencing Civil Actions. ARTICLE 1, Sec. 1. Civil actions can only be commenced within the periods prescribed in this act, after the cause of action shall have accrued, except where a different limitation is prescribed by statute. ART. 2, Sec. 2. When the cause of action has already accrued, the party entitled and those claiming under him shall have, after the passage of this act, the whole period herein prescribed, in which to commence an action. ART. 3, Sec. 3. The people of this state will not sue any person for or in respect to any real property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless: 1. Such right or title shall have accrued within ten years before any action or other proceeding for the same shall be commenced, or unless, 2. The people, or those from whom they claim, shall have received the rents and profits of such real property, or of some part thereof, within the space of ten years. ART. 4, Sec. 4. No action shall be brought for or in respect to real property by any person claiming by virtue of letters patent or grants from this state, unless the same might have been commenced by the people, as herein specified, in case such patent or grant had not been issued or made. ART. 5, Sec. 5. When letters patent or grants of real property shall have been issued or made by the people of this state, and the same shall be declared void by the determination of a competent court, rendered upon an allegation of a fraudulent suggestion, or concealment, or forfeiture, or mistake, or ignorance of a material fact, or wrongful detaining, or defective title, in such case an action for the recovery of the premises so conveyed may be brought either by the peo |