Trinity and Shasta shall jointly elect one delegate; the County of Tehama shall elect one delegate; the County of Colusa shall elect one delegate; and thirty-two (32) delegates shall be elected by the State at large, eight (8) residents of each Congressional District.

SEC. 3. All persons entitled by law to vote for members of Assembly shall be entitled to vote at such election in their respective election districts, and not elsewhere. Such election shall be by ballot.

SEC. 4. The following regulations shall apply to the afore- Regulations. said election, to be held on the third Wednesday in June, A. D. eighteen hundred and seventy-eight:

First-The said election shall be held and conducted by the proper election officers of the several election districts of this State, and shall be governed and regulated in all respects by the general election laws of the State in force at the time of said election, so far as the same shall be applicable thereto, and not inconsistent with the provisions of this Act.

Second-At the special election to be held under this Act, Registers to if no other provision for printing and using new Great Reg- be used. isters or ward registers shall have in the meantime been made by law, the copies of the Great Registers which were used in the several counties of this State at the general election held in the year eighteen hundred and seventy-seven shall be used. The Boards of Supervisors must furnish the Boards of Election of each precinct in their respective counties, before the day on which said special election is appointed to be held, at least one copy of the aforesaid printed Great Register. If the Boards of Supervisors cannot otherwise obtain a sufficient number of copies of the register for the purpose, it must take the copies filed in the office of the County Clerk, in pursuance of section one thousand two hundred and sixty-eight of the Political Code. If the copy of the register which shall be furnished to any precinct shall have been used at a previous election, the character "X" may be used instead of the word "voted," as required by section one thousand two hundred and twenty-eight of the Political Code. It shall not be the duty of the Boards of Election to post copies of the Great Register, as required by section one thousand one hundred and forty-nine of the Political Code. The voter, when he offers his ballot at a polling place, shall not be required to announce his number on the Great Register, as provided for in section one thousand two hundred and twenty-five of the Political Code.

Third-The officers of the several counties of this State, Canvassing whose duty it is under the law to receive and canvass the of returns. returns from the several precincts of their respective counties, as well as the City and County of San Francisco, shall meet at the usual place of meeting for such purpose on the second Monday after said election. If at the time of meeting the returns from each precinct in the county in which polls were opened have been received, the Board must then and there proceed to canvass the returns; but if all returns have not been received, the canvass must be postponed

Duty of State officials.

Meeting of delegates.

Appointment of attachés.

Per diem.

from day to day until all of the returns are received, or until six postponements have been had, when they shall proceed to make out returns of the votes cast for delegates to be members of the Convention; and the proceedings of the officers whose duty it is to make out said returns shall be the same as those prescribed for like officers in the case of an election for Governor, except that the returns shall be transmitted to the Secretary of State. The persons receiving the highest number of votes at such election shall be elected, except in the case of persons voted for as delegates at large. Of the persons so voted for as delegates at large, the eight persons, residents of any one Congressional District, who shall have received a plurality of votes over all other persons, severally, who reside in the same Congressional District, shall be declared elected such delegates at large.

Fourth-The Secretary of State shall, as soon as the returns of said election shall be received by him, or within twenty days after said election, in the presence of the Governor and Controller of State, open and compute all of the returns received of votes given for members of the Convention, and the Governor shall forthwith issue his proclamation, declaring the names of the persons who have been chosen members of said Convention.

SEC. 5. The delegates so chosen shall meet in Convention in the Assembly Chamber at the Capitol, in the City of Sacramento, on the twenty-eighth of September, eighteen hundred and seventy-eight, at twelve o'clock м. They shall, by a viva voce vote, and the vote shall be entered on the Journal, elect one of their number President, and such Secretaries and other officers as they may deem necessary. After the said Convention has met and organized, it shall have power to adjourn to and hold its meetings at any place in said City of Sacramento other than the said Assembly Chamber, and all committee rooms of the State Capitol building shall be under the control of said Convention. The President of the Convention may appoint not exceeding one Doorkeeper and four Pages. The Convention may select Phonographic Reporters, and fix the amount of their compensation; also, a Sergeantat-Arms and one Assistant. The delegates to the Convention shall receive the same per diem and mileage as members of the Legislature; provided, no compensation shall be allowed delegates after the expiration of one hundred days. No pay shall be allowed for any recess longer than three days at one Compensa time. The Secretary shall receive eight dollars per day, and his Assistants each six dollars per day, and the Doorkeepers, Pages, Sergeant-at-Arms, and assistants, shall receive the same compensation as provided by law for similar services. and attendance upon the Assembly. The amount of pay shall be certified by the President of the Convention, and shall be paid by the Treasurer of State, on the warrant of the Controller, in the same manner as members of the LegGovernor to islature are paid. It shall be the duty of the Governor to attend said Convention at the opening thereof, and to administer the Constitutional oath of office to the delegates, and to preside at all meetings thereof until a President has been

tion of attachés.

attend

opening.

furnished.

elected and taken his seat, but the Governor shall have neither the casting vote nor any other vote therein. The Secretary of State shall also attend at the opening of the Convention and call the roll of delegates. All public officers, Informa Boards, and Commissions shall furnish such Convention with tion to be all such information, papers, statements, books, or other public documents in their possession as the said Convention shall order or require for its use from time to time while in session. It shall be the duty of the Secretary of State to furnish the members of said Convention with stationery to the amount provided by law for the Legislature while in session, and to the Convention such stationery, manual, file boards, and other like things as are furnished to the two Houses of the Legislature. Said Convention may adopt such rules and regulations for its own government as a majority of its members may determine, and said Convention shall be the judge of the election and qualification of its own members.

be kept.

SEC. 6. A journal of the proceedings of the said Conven- Journal to tion shall be kept, and shall, at the final adjournment thereof, be filed in the office of the Secretary of State, and the Constitution agreed to by the Convention shall be recorded in his office. A majority of the Convention shall constitute a quorum to do business. The doors of the Convention shall be kept open, except when the public welfare shall require secresy. Every delegate to the Convention Privileges of shall have the like privileges from arrest and from civil delegates, process as members of the Legislature now have by law. For any speech or debate in the Convention, the delegates shall not be questioned in any other place. The Convention shall have the power to expel any of its members, and to punish its members and officers for disorderly behavior, by imprisonment or otherwise; but no member shall be expelled until the report of a committee appointed to inquire into the facts alleged as the ground of his expulsion shall have been made. The Convention shall have the power to punish Power of as a contempt, and by imprisonment or otherwise, a breach Convention of his privileges, or of the privileges of its members, but certain such power shall not be exercised except against persons guilty of one or more of the following offenses:

First-The offense of arresting or subjecting a member or officer of the Convention to civil process in violation of his privilege from arrest as heretofore declared.

Second-That of disorderly conduct in the immediate view and presence of the Convention, and directly tending to interrupt its proceedings.

Third-That of publishing any false and malicious report of the proceedings of the Convention, or of the conduct of a member in his delegated capacity.

Fourth-That of refusing to attend, or be examined as a witness, either before the Convention or a committee to take testimony in the proceeding of the Convention.

Fifth-That of giving or offering a bribe to a member, or of attempting by menace or any other corrupt means or device, directly or indirectly, to control or influence a mem

to punish

offenses.

Term of im

ber in giving his vote, or to prevent him from giving the

same.

In all cases in which the Convention shall punish any of prisonment. its members, or officers, or any other person, by imprisonment, such imprisonment shall not extend beyond the session of the Convention. Every person appointed to the office of Secretary of the Convention shall, before he enters on the duties of his office, execute a bond to the people of the State, with such security as the Controller shall approve, in the penal sum of five thousand dollars, conditioned that he shall faithfully perform the duties of his office and account for all moneys which may come into his hands by virtue thereof.

Constitution to be submitted to

Form of ballots.

SEC. 7. The Constitution framed by such Convention shall be submitted by the Convention to the people for their the people. adoption or rejection at a special election to be held on the first Wednesday of May, eighteen hundred and seventy-nine, and every person hereby entitled to vote for delegates may vote at that election, on such adoption or rejection, in the election district in which he shall then reside, and not elsewhere. The said Constitution shall be voted on as a whole. No other question than the adoption or rejection of the proposed Constitution shall be submitted to the people or voted on at such election, any statute or law to the contrary notwithstanding. The Convention shall prescribe the publication of said Constitution, and the notice to be given of the election. The ballots or tickets shall have printed or written upon them the words "For the New Constitution,' "Against the New Constitution," and all the provisions of law now or at that time existing in regard to general elections shall be applicable to such election, except that the provisions of the first and second subdivisions of section four of this Act shall also apply to said election. The canvassing and returns of the votes cast upon such question shall, in such manner as the Convention shall direct, be certified to the Executive of the State, who shall call to his assistance the Controller, Treasurer, and Secretary of State, and compare the votes as certified to him. If, by such an examination, it is ascertained that a majority of the whole number of votes cast at such election be in favor of such new Constitution, the Executive of this State shall, by his proclamation, declare such new Constitution to be the Constitution of the State of California, and that it will take effect at such time as the said Convention may have in its discretion, by resolution, or in said Constitution itself, fixed. If said Convention fix no time for said Constitution to take effect, then it shall take effect immediately upon such proclamation being made. SEC. 8. All willful and corrupt false swearing in taking any of the oaths prescribed by this Act, or by the laws of this State made applicable to this Act, or in any other mode or form in carrying into effect this Act, shall be deemed perjury, and shall be punished in the manner now prescribed by law for willful and corrupt perjury.

Perjury.

Secretary of
State to pub-

SEC. 9. It shall be the duty of the Secretary of State to lish this Act. cause this Act to be published once a month after its passage,

until the election of delegates herein provided, in not more than five of the public newspapers published in this Stateone of said publications to be in some newspaper published in the City and County of San Francisco, and one in the City of Sacramento, one in the County of Los Angeles, and one in the County of Nevada, and one in the County of Tulare; and the expense of publishing the same, and all other legal expenses incurred in printing for the Convention, shall be audited by the Controller and paid by the State Treasurer according to law.

SEC. 10. All the printing necessary for the said Conven- Printing. tion, under the provisions of this Act, shall be done and performed at the State Printing Office.

SEC. 11. In case any vacancy occurs by reason of the Vacancy, death, resignation, or otherwise, of any delegate elected to how filled. said Convention, the same shall be filled by the Convention.

tion author

SEC. 12. The sum of one hundred and fifty thousand dol- Approprialars, or so much thereof as may be necessary, is hereby ized. appropriated out of any money in the State treasury to pay the expenses of the Convention provided for in this Act. SEC. 13. This Act shall take effect immediately.

CHAP. CCCCXCI.-An Act to amend an Act entitled an Act to provide for construction division fences, approved March ninth, eighteen hundred and seventy-six.

[Approved March 30, 1878.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1.

Section two of said Act is hereby amended to Amended. read as follows: Section 2. Lawful division fences are

described as follows:

First-If made of stone, four feet high, three feet base, and one foot thick on the top.

Second-If it be worm fence, the rails should be well laid, and at least five feet high.

Third-If made of posts and boards, the posts must be set well in the ground, not less than eighteen inches, and not wider apart than eight feet. If intended to turn all stock, it shall be at least five six-inch boards or four eight-inch boards high, or four boards high with a ditch embankment equal to one board, or four six-inch boards high with a wire on top; the boards to be six inches wide and one inch thick, the top board or wire to be four and one-half feet from the ground, the spaces well divided, and the boards securely nailed to the posts. If intended, as by mutual agreement in writing, a lawful fence to turn only neat cattle, horses, and mules, a three-board fence shall be deemed sufficient, the bottom board to be two feet from the ground.

Fourth-If made of pickets, posts and rails, or posts and