and powers which the constitution has conferred on another. Zander v. Coe, 5 Cal. 230. 19. The performance of certain legislative functions being confided to, or imposed upon, the legislature by the constitution, must be exercised by that branch of the government and cannot be delegated by them. People v. Nevada, April T. 1856. 20. The legislature can impose no duties upon the judiciary but such as are of a judicial character. Id. 21. The incorporation of colleges and towns cannot be imposed upon the courts. Id. 22. The provision in the constitution "No person shall be twice put in jeopardy for the same offence," was not intended to apply to cases in which a judgment of conviction was reversed in the appellate court and a new trial ordered. People v. March, Oct. T. 1856. 23. The constitution is inoperative of itself and looks to legislation. Cary v. Tice and Wife, Oct. T. 1856. 24. The eighth article of the constitution is an express restriction upon the powers of the legislature, and the limitation applies to the necessary and ordinary expenses of government. Nougues v. Douglass et al. Jan. T. 1857. 25. The power of taxation is given to the legislature without limit for all purposes allowed by the constitution. Id. 26. The judiciary possesses the power to construe the constitution in all cases, not expressly or by necessary implication reserved to other departments. Id. 27. All debts contracted in violation of the eighth article of the constitution are void, and the legislature has no power to levy a tax or appropriate money for the payment thereof. Id. 28. The statute of a state cannot require a greater amount of proof for the authentication of the acts, records, etc., of the several states, than that prescribed by the act of Congress, but may require less. Parke v. Williams, Jan. T. 1857. 29. The grant of "legislative power" does not include the right to attack private property. Billings v. Hall, Jan. T. 1857. 30. The act of 1856, for the protection of settlers, declared unconstitutional. Id. 31. A board of supervisors appropriating private property without making provision for paying the value thereof, may be restrained by injunction. McCann v. Sierra county, Jan. T. 1857. 32. A tax imposed by law on Chinese passengers arriving in this state is unconstitutional. People v. Downes, Jan. T. 1857. 33. Power to appoint for a full term of office is vested in the legislature, and the governor has no right to exercise it. People ex rel. v. Langdon, 8 Cal. R. 1. 34. Under the constitution, the legislature can make such dis position of county revenues as it may deem proper. People ex rel. v. Williams, 8 Cal. R. 97. 35. The power of Congress to regulate commerce is exclusive, when exercised. The act of Congress of July 29, 1850, authorizing mortgages of vessels to be recorded, and making the record thereof notice to third parties, being in conflict with our statute of frauds, the latter must yield. Mitchel v. Steelman, 8 Cal. R. 363. 36. The appellate power of the supreme court is given by the fourth section of the sixth article of the constitution, and therefore the legislature can pass no act impairing it, but it may prescribe the mode in which appeals may be taken. Haight et al. v. Gay et al., 8 Cal. R. 297. 37. The legislature cannot delegate its general legislative powers, but it can authorize others to do those things which it cannot, understandingly or advantageously, do itself. Upham v. Supervisors of Sutter county, 8 Cal. R. 378. 38. The legislature can delegate the power to the voters of a county to select a county seat therein. Id. 39. The constitution does not require that the district courts shall be held at a county seat. Id. 40. Section seventeen of article fourth of the constitution provides, that the governor shall have ten days for the consideration of bills which have passed both houses of the legislature: the ten days must be computed by excluding the day on which the bill is presented to him. Price v. Whitman et al., 8 Cal. R. 412. 41. The legislature has no power to impose or superadd conditions to a contract after it is completed, as this would be to impair its obligations, and this is prohibited by the constitution. Robinson et al. v. Magee. 9 Cal. R. 81. 42. The legislature has the power to confer criminal jurisdiction on justices' courts. The People v. Fowler, 9 Cal. R. 85. 43. The provision of the Practice Act, authorizing judgment, personal and final, against an absent defendant, with privilege to the defendant to come in and deny in six months, is not in violation of the constitution of the United States or this state. Ware et al. v. Robinson et al., 9 Cal. R. 107. 44. The provisions of section fifteen of article six of the constitution, respecting the salaries of district judges, do not exempt those officers from the necessity of an appropriation for that purpose by the legislature. Myers v. English, 9 Cal. R. 341. 45. The constitution vests in the legislature the power of controlling and disposing of the revenue of the state. Id. 46. The provision of the constitution which prohibits the passage of any law impairing the obligation of contracts, relates solely to contracts between individuals, and not to contracts between individuals and the state. Id. 47. An act of the legislature prohibiting, under a penalty, the pursuing of any ordinary business on the Christian Sabbath or Sunday, is in conflict with the first and fourth sections of article first of the constitution, and is therefore void. Ex parte Newman, 9 Cal. R. 502. 48. Such an act would be, in effect, a discrimination in favor of one religious profession over all others, and as such would be in violation of the constitution. Id. 49. The act of April 10, 1858, to provide for the better observance of the Sabbath, declared unconstitutional. Id. 50. The right of property in slaves is recognized by the constitution of the United States; and the right of transit through each state with every species of property known to that constitution, is secured by that instrument as the paramount law to each citizen, and does not depend upon the uncertain and changeable ground of mere comity. In the matter of Archy, 9 Cal. R, 147. 51. This privilege extends only to a party who comes into the state for pleasure or health, and if he engages in business, or employs his slave in any business except as a personal attendant upon himself or family, the privilege is lost, and his slave is entitled to his freedom under the eighteenth section of article first of the state constitution. Id. 52. The federal office of surveyor-general is a "lucrative office," and the office of comptroller of state an "office of profit,' under the twenty-first section of the fourth article of the constitution of this state. People ex rel. v. Whitman, 10 Cal. R. 38. 53. To constitute the "holding" of an office, within the meaning of the constitution, there must be the concurrence of two bills that of the appointing power, and that of the person appointed. Id. 54. The failure on the part of the comptroller elect to qualify creates no vacancy in the office; and in this case the incumbent holds over until his successor is elected and qualified. Id. 55. The executive can appoint only when there is no incumbent. Id. 56. The first clause of the fourth section of article six of the constitution, which section provides, that "the supreme court shall have appellate jurisdiction in all cases when the matter in dispute exceeds two hundred dollars; when the legality of any tax, toll, or impost, or municipal fine is in question; and in all criminal cases amounting to felony, on questions of law alone," is construed to mean that the supreme court shall possess appellate jurisdiction in all cases; provided, that when the subject of litigation is capable of pecuniary computation, the matter in dispute must exceed in value or amount two hundred dollars, unless a question of the legality of a tax, toll, impost, or muni 48 cipal fine is drawn in question. Conant v. Conant, 10 Cal. 249. 57. The supreme court possesses appellate jurisdiction from a decree rendered in a suit for divorce from the bonds of matrimony. Id. 58. The act of the legislature, giving the power to the late Hickman v. superior court of the city of San Francisco, to send its process beyond its territorial limits, was constitutional. O'Neal, 10 Cal. R. 292. 59. There is no constitutional provision prohibiting the legislature giving to an inferior court the right to have its orders or judgments enforced beyond its territorial limits. Id. 60. A judgment rendered in one state, and upon which suit is instituted in another, is a contract in the sense of the constitution. Scarborough v. Dugan, 10 Cal. R. 305. 61. The legislature has no right so to regulate the remedy, as that it shall destroy the contract by denying all means of enforcement. Id. 62. The twenty-fifth section of article six of the constitution, which requires that every law enacted by the legislature shall embrace but one object, and that shall be expressed in the title, is merely directory; it does not defeat laws passed in violation of it. Pierpont v. Crouch, 10 Cal. 315. 63. The court of sessions under the constitution, can only exercise powers of a judicial character. Hardenburg et. al. v. Kidd et. al., 10 Cal. R. 402. 64. The assessment of taxes is not a judicial act; it partakes of no element of a judicial character. It is a legislative act; it requires the exercise of legislative power, which, for certain governmental purposes in the county, may be devolved upon a board of supervisors, but cannot be delegated to any branch of the judicial department. Id. 65. The provisions of the revenue act of 1853 and 1854, authorizing the court of sessions to assess a tax for county purposes are unconstitutional, and the assessment made thereunder, and a subsequent levy upon and sale of property in the enforcement of such assessment, are void. Id. 66. Section fifth of article six of the constitution providing for the election of district judges, declares that they "shall hold their office for the term of six years." The legislature can direct the time, and prescribe the mode of election, but cannot change the tenure of the office. That part of the act of the legislature providing, in case of a vacancy in the office of district judge, for an election "to fill an unexpired term," is unconstitutional. The people ex. rel. v. Burbank, January T., 1859. 67. The election was valid, and the judge elect was entitled to hold the office for the full term of six years, notwithstanding the proclamation of the governor was for an unexpired term, and the commission to the same effect. The function of the proclamation was not to declare the law but the fact of a vacancy. Id. See also, the People v. Templeton, and the People v, Nor ton, same term. 68. Sections fifty-six and fifty-seven of the Consolidation Act, applicable to the city of San Francisco, passed April 19, 1858, providing for the repairing of the streets, is constitutional. Hart v. Gaven, January T., 1859. 69. An act providing for the repairing the streets is in the nature of a tax, and, if uniform and equal in its operation, as applying to all the streets of a municipality, is not in conflict with the thirteenth section of article eleven of the constitution. Id. 70. By the common law, which has been adopted in this state, an alien cannot acquire property by descent or other mere operation of law; the seventeenth section of article first of the constitution only removes the disability of aliens who are bona fide residents in the absence of any statute changing this rule. Farrell and Wife v. Enright, January T., 1859. 71. The legislature has no right to authorize one of its officers to enter upon and dispossess one of its citizens in actual possession of real estate with color of title. McCauley v. Weller, January T., 1859. 72. The act of February 26, 1858, authorizing the governor to enter and take possession of the state prison while in the legal custody of one entitled thereto, without providing any compensation therefor, was in violation of the eighth section of article first of the constitution. Id. 73. The constitutional limitation on the power of the legis lature will be strictly construed, and the limitation will extend no farther than the words used will carry out. Because the legislature is forbidden to contract a debt beyond a certain amount, and pledge the general fund for its payment, it does not follow that they may not authorize one or more counties to incur such debt, which would create a lien on the local not the general fund. Pattison v. Board of Supervisors of Yuba county, April T., 1859. 74. That part of the statute of March 23d, 1850, giving jurisdiction to the county judge to try a contested election for an office "in and for such county," is constitutional. Saunders v. Haynes, April T., 1859. 75. An inspector of customs of the United States, is not a lucrative office in the sense of the twenty-first section of article four, so as to render ineligible to a state office. Id. 76. The powers and duties of the judges of the supreme court are prescribed by the constitution, and the legislature can neither |