a rule that the acts of a de facto public officer cannot be attacked collaterally.-Satterlee vs. San Francisco, 23 Cal., p. 314; Vaccari vs. Maxwell, supra; Cocke vs. Halsey, 16 Peters, p. 71. The acts of an Alcalde elected in 1846 were held good as the acts of an officer de facto.-Cohas vs. Raisin, 3 Cal., p. 443. The acts of one acting as a de facto Sheriff under a void appointment were held to be valid in The People vs. Roberts, 6 Cal., p. 214. Though ineligible, the acts of an officer de facto are valid. The right to exercise the functions of an office cannot be inquired into collaterally.-Satterlee vs. San Francisco, 23 Cal., p. 314. In the case of Shores vs. Scott R. Wat. Co., 17 Cal., p. 626, a foreclosure sale made by one as Sheriff de facto, but who was not in law the officer, was held to be valid between third persons.

PRESUMPTIONS IN FAVOR OF ACTS.-If, within his discretionary jurisdiction, acts of a public officer with regard to public matters are held to be legal till the contrary is proved.-Wilkes vs. Dinsman, 7 Howard, p. 89. And if the act is within his special discretionary power it is final.-Allen vs. Blunt, 3 Story's Rep., p. 742. The government for which he acts is not bound by an act of its officer beyond his legal authority, or without the law authorizing him, or contrary to its provisions.-U. S. vs. City Bank, 6 McL., p. 130; Johnson vs. The U. S., 5 Mass., p. 425. The acts of an officer are primary evidence of the regularity of his proceedings.-Phila. and Trent. R. R. Co. vs. Stimpson, 14 Pet., p. 488; Ritter vs. Scannell, 11 Cal., p. 248. Ordinary and accustomed acts of officers, if within the general scope of their duties, are held to be performed by authority.-Hart vs. Burnett, 15 Cal., p. 530. Officers are not presumed to have exceeded their authority; more especially is this so with regard to foreign officers. Den vs. Den, 6 Cal., p. 81. Presumptions are in favor of officer's return (Curtis vs. Herrick, 14 Cal., p. 117), and so, too, are they in favor of the faithful performance of official duty (Egery vs. Buchanan, 5 Cal., p. 53), and of the regularity of the return, and of his acts necessarily included in making the service.— Bickerstaff vs. Doub, 19 Cal., p. 109. So are presumptions in favor of officers in making assessments of taxes.-Palmer vs. Boling, 8 Cal., p. 384.

LEGISLATIVE POWER OVER.-An office which is purely one created by the Legislature-id est, not constitutional-may be altered or abridged by the power creating it (People vs. Haskell, 5 Cal., p. 357), or the incumbent may be legislated out.-People vs. Banvard,

27 Cal., p. 470; also, People vs. Kelsey, 34 Cal., p. 470. A conclusive determination upon the capacity of one to hold office cannot be made by appointing power.Palmer vs. Woodbury, 14 Cal., p. 43.. Legislative appointment of the State Board of Examiners to perform the duties of auditing accounts valid.-Ross vs. Whitman, 6 Cal., p. 361. Power to fill office by the Legislature.-People vs. Langdon, 8 Cal., p. 1. Legislature may provide for filling the office of District Judge between the election and the qualification of the one elected.-Brodie vs. Campbell, 17 Cal., p. 11. In this same case it is held that, though the Constitution provides for an election to an office by popular vote, the Legislature may make the exercise of the duties of the office dependent and contingent on method of election, time of issuing commission, and such like provisions.

CHAPTER II.

LEGISLATIVE OFFICERS.

ARTICLE I. DESIGNATION, TERM OF OFFICE, AND ELECTION OF
MEMBERS.

II. MEETING AND ORGANIZATION OF THE LEGISLATURE.
III. NUMBER, DESIGNATION, ELECTION, AND APPOINTMENT
OF OFFICERS AND EMPLOYES OF THE LEGISLATURE.
IV. POWERS AND DUTIES OF OFFICERS AND EMPLOYES OF
THE LEGISLATURE.

V. COMPENSATION OF MEMBERS, OFFICERS AND EMPLOY

ES OF THE LEGISLATURE.

VI. CONTESTING ELECTIONS FOR MEMBERS OF THE LEGIS

LATURE.

VII. CONTESTING ELECTIONS FOR GOVERNOR OR LIEUTEN

ANT GOVERNOR.

VIII. ATTENDANCE AND EXAMINATION OF WITNESSES BE-
FORE THE LEGISLATURE AND COMMITTEES THEREOF.

IX. ENACTMENT OF STATUTES.

X. PROMULGATION OF STATUTES.

XI. OPERATION OF STATUTES.

XII. PUBLIC REPORTS.

ARTICLE I.

NUMBER, DESIGNATION, TERM OF OFFICE, AND ELECTION OF MEM

BERS OF THE LEGISLATURE.

SECTION 225. Number and designation.

226. Term of office.

SECTION 227. Election of Senators.

228. Same.

229. Election of members of the Assembly.

230. Apportionment of members of the Assembly.

225. The Legislature consists of:

1. Forty Senators; and,

2. Eighty members of the Assembly.

NOTE.-Const., Art. IV, Sec. 1. Members must be qualified electors of county or district.-Id., Sec. 4.

Number and designation.

office.

226. The term of office of a Senator is four years; Term of of a member of the Assembly, two years.

NOTE.-Const., Art. IV, Secs. 3-5.

Senators.

227. At the general election in the year eighteen Election of hundred and seventy-three, and at the general election every four years thereafter, there must be elected in the Second, Third, Fourth, Seventh, Ninth, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, Nineteenth, Twentieth, Twenty-first, Twentysecond, and Twenty-eighth Senatorial Districts, one Senator each; and in the Eighth Senatorial District, two Senators by the County of San Francisco; and in the Twenty-third Senatorial District, one Senator by the Counties of Yuba and Sutter jointly; and in the Twenty-fourth Senatorial District, one Senator by the County of Butte.

NOTE.-Stats. 1861, p. 535; 1863, p. 704; 1864, p. 15;

Const., Art. IV, Secs. 5, 6.

228. At the general election in the year eighteen Same. hundred and seventy-five, and at the general election every four years thereafter, there must be elected in the First, Fifth, Sixth, Tenth, Eleventh, Twelfth, Thirteenth, Fifteenth, Sixteenth, Eighteenth, Twentieth, Twenty-first, Twenty-fifth, Twenty-sixth, and Twenty-seventh Senatorial Districts, one Senator each; and in the Eighth Senatorial District three Senatorstwo by the County of San Francisco, and one by the Counties of San Francisco and San Mateo jointly; and

Election of members of the Assembly.

Apportion

ment of members of the Assembly.

in the Twenty-third Senatorial District, one Senator by the County of Yuba; and in the Twenty-fourth Senatorial District, one Senator by the Counties of Butte, Plumas, and Lassen, jointly.

NOTE.-Stats. 1861, p. 535; 1863, p. 704; 1864, p. 15; Const., Art. IV, Secs. 5, 6.

229. The members of the Assembly must be elected at the general election in the year eighteen hundred and seventy-three, and at the general election every two years thereafter.

NOTE.-Const., Art. IV, Secs. 3-5.

230. The number of members of the Assembly to be chosen in the several counties is as follows:

In the County of San Diego, one;

In the County of San Bernardino, one;

In the County of Los Angeles, two;

In the Counties of Santa Barbara and San Luis

Obispo, one;

NOTE. In the Act providing for the organization of the new County of Ventura, no district was assigned it for Assembly purposes. It is territorially with these

two counties.

In the County of Fresno, one;

In the Counties of Tulare and Kern, one;

In the County of Mariposa, one;

In the Counties of Merced and Stanislaus, one;

In the County of Santa Cruz, one;

In the County of Monterey, one;
In the County of Santa Clara, three;
In the County of San Francisco, twelve;
In the County of San Mateo, one;
In the County of Alameda, two;
In the County of Contra Costa, one;
In the County of Marin, one;

In the County of San Joaquin, two;

In the Counties of Tuolumne, Mono, and Inyo, three;

In the County of Calaveras, three;

In the Counties of Amador and Alpine, two;

In the County of El Dorado, four;

In the County of Sacramento, five;
In the County of Solano, one;

In the County of Yolo, one;

In the Counties of Napa and Lake, one;

In the County of Mendocino, one;

In the County of Sonoma, three;

In the County of Placer, three;
In the County of Nevada, four;
In the County of Sierra, two;
In the County of Yuba, three;
In the County of Sutter, one;
In the County of Butte, two;

In the Counties of Plumas and Lassen, one;

In the Counties of Tehama and Colusa, one;

In the County of Shasta, one;

In the County of Trinity, one;

In the County of Humboldt, one;

In the Counties of Klamath and Del Norte, one;
In the County of Siskiyou, two.

NOTE.-See note to Sec. 106. No apportionment
being made at the session of the Legislature in 1871–2,
this apportionment is under the Act of 1861, p. 535.
Two counties may be joined in one Legislative Dis-
trict.-People vs. Hill, 7 Cal., p. 97.

Same.

ARTICLE II.

MEETING AND ORGANIZATION OF THE LEGISLATURE.

SECTION 235. Time and place of meeting.

236. Certificate of election evidence of right to seat.

237. Secretary, Clerk, and Sergeant-at-Arms to hold until
their successors are elected.

238. Senate, organization of.

239. Assembly, organization of.
240. Oath to be entered on journals.

10-VOL. I.