The Placer herald., 1858-04-10
Amendments to the Constitution.

general courts, tuas eudi Always De open Tor bll-
sness, the tribunals of concliation and the elec-
tim of judicial officers at day separate from
General elections, are most excellent PROPOSE
lions:
Sections three and eight OF Article One are
.mended so as to read as follows:
SEC 8. The right of trial by jury shall be Sc
cured to ALL and remain inviOlate forever; but n
;ury trial may be waived by the parties in all
civil cases. and by the accused in cases of misde-
rneanor in the manner to be prescribed by law
SEC. s. No person shall be held to answer for
acspital or otherwise infamous crime, (except in
cases of impeachment, and in cases of militia
when in actual service, and the land and naval
orces in time of war. or which this State may keep
With the consent of Congress; in time of peace
unless on presentment an indictment by the prop.
er authorities; and on any trial. in any court
whatever, the party accused shall be allowed to
anpear and defend in person and with counsel as
IN civil actions. No person shall be subject to be
twice put in jeopardy for the same offense; nor
shall he be compelled, in any criminal case. to
be witness against himself, nor be deprived of
life, liberty or property, without due process of
law; nor shall private properly be taken for
pubiic use, without just compensation.
Article Six of the constitution is amended SO
as to read as follows:
ARTICLE vI.-JUDICIAL DEPARTMENT
Sec. l. The judicial power of this state shall
he vested in supreme court, in general courts
and in courts of justices of the peace The LEG,
islature may establish general courts of exclusive
" criminal jurisdiction, and such municipal and
other inferior courts of limited original urisdic-
ton, within any incorporated city, town or village
as they may deem necessary.
SEC. 2. The first legislature convened, after
the adoption of this article, shall divide the state
into districts composed from the districts of the
general court. to be as equally apportioned as
practicable, and subject to such alterations by
the legislature, fromtimie to time as the public
good m " require, for each of which a Judge of
the supreme court shall be elected by the qualified
electors of their respective districts, whose term
Of Office shall be five years. Provided, That the
first legislature convened after the first election
under this section, shall, by joint vote of both
houses, classify them, that one shall go out of
office every year. .dmd procided further. That
the first terms of said supreme judges shall ex-
pire according to such classification.
SEC. 3 The supreme court shall consist of a
chief Justice and four associate judges, and shall
he composed of the judges elected as provided in
the last section; any three Of whom shall cOnst-
tutc quorum. The judge allotted the full term
of five years, by the classification Of the legsla-
ture herein provided. shall be the chief justice,
after which the senior judge in commission shall
lie the chief justice.
SIC. 1. The supreme court shall have cxcu-
sive appellate jurisdiction in all cases Of appeal
and review front the general courts and shall
have power to affirm, reverse or modify. any
judgement. decree. order decision, appealed
from or brought before them for review. aad
mand the cause or proceeding to the proper
court with Instructions, or for new trial; and
the said court the chief justice, and each Of the
Judges thereof, shall have power to issue all writs
aud process, make all orders necessary to the
ercise of their appellate jur dictiOn.
SEC ;. The state shall be divided by the first
legislature convened after the adoption Of this
ticc. into convenient districts. Sllje to such al
tcratOn from time to time. as the public good
...l,
shall ,e established. and for which the qualified
electors of their respective districts shall elect
Judge. who shall preside over said court. There
shall he no terms in these courts they shall be
always open. Rrorjdrd. That when two or more
counties are incliidcd in district the legislature
may designate more than place for the holding
Of said court.
SEC, 6. The general court shall have ori ginal
jurisdiction in law and equity, in all civil
where the amount in dispute exceeds fifty dollars.
exclusive of interest; in all criminal cases not
otherwise provided for: and in all issues of fact
joined before the surrogate, their jurisdiction shall
be unlimited. They shall also have such jurislc-
tiOn in cases arising in Justices courts, and in
such special cases the legislature may prescribe.
These courts and the judges thereof, shall have
power to issue all writs and process, and make all
orders necessary to the exercise OF the Jurlsdc-
ton herein confirmed.
Sec T. The legislature shall determine the
number of justices of the peace to be elected in
each county and town of the state, and define the
limits of their local jurisdiction. and fix, by law,
their powers duties and responsibility. ProrMed,
That their jurisdiction in civil cases shall not eX
coed two hundred dollars exclusive of interest,
as the amount in dispute; the trial OF any mis-
demean nor, where fine is imposed, exceeding two
hundred dollars, and imprisonment exceeding
three months, or where the punishment exceeds
either such fine or term of imprisonment
SEC. 8. There shall be elected. for each court
in fhic stc iu6Oa who shall hold MS OH CD
for the term of three years; he shall hold the gen
eral court, and perform such other Judicial duties
as may be required of him by law.
SEC. 9. The time and place OF holding the
terms of the supreme court, shall be provided Tor
by law.
SEC. 10. The legislature shall provide for the
election, by the people, of clerk of the supreme
court and clerks of the general court, sherifs,
and other necessary officers, and shall fix, by
law, their liability, duties and compensation.
Sec. H. An election shall be held. in this
State on the first Tuesday after the first Monday
in April, of each year, at which time there shall
he elected such judicial officers as arc provided
for by this act and such other officers as the leg
islature may designate; and the judges and justices
of the peace herein provided for, shall enter up
on their terms of office, and commence the dis
charge of the duties attached to cach respectively
on the first Monday of June thereafter.
Sec. IL. Tribunals for conciliation may be
established, with such powers and duties as may
he prescribed by law; but such tribunals shall
have no power to render Judgment, to be obga
tory on the parties, except they voluntarily sub
nit their matters in difference and agree to abide
the Judgment. or assent thereto, in the presence
of such tribunal in such cases as shall be prescri-
bed by law.
SEC 49, The supreme judges, the chief justice,
the judges Of the general courts, shall each re-
ceivc, at stated times, as compensation, annu-
ally for their services as such officers, such salary
as the legislature may prescribe. The chief jus.
the state treasury; and thejudges of the general
court, out of the treasury of the county or coun-
ties forming their respective districts. The COM
pensation Of said judges, or any of them, may be
increased or diminished by lay. Provided They
shall not be increased or diminished during the
term for which they shall have been elected, or