peace. 181. SEC. 9. The legislature shall determine the number of justices of the peace to Justices of the be elected in each city and township of the State, and fix by law their powers, duties, and responsibilities; provided, such powers shall not in any case trench upon the juris- Proviso. diction of the several courts of record. The supreme court, the district courts, county courts, the probate courts, and such other courts as the legislature shall prescribe, shall be courts of record. [Amendment, proposed 1861; ratified 3d September, 1862.(a) 182. SEC. 10. The legislature shall fix by law the jurisdiction of any recorder's, or Jurisdiction of other inferior municipal court, which may be established in pursuance of section one of this Article, and shall fix by law the powers, duties, and responsibilities, of the municipal courts judges thereof. [Amendment, proposed 1861; ratified 3d September, 1862.(1) recorders' and other inferior court. County officers 183. SEC. 11. The legislature shall provide for the election of a clerk of the supreme Clerk of supreme i court, county clerks, district attorneys, sheriffs, and other necessary officers, and shall 2 fix by law their duties and compensation. County clerks shall be ex officio clerks of the courts of record in and for their respective counties.(*) The legislature may also provide for the appointment by the several district courts of one or more commissioners in the several counties of their respective districts, with authority to perform chamber business of the judges of the district courts and county courts, and also to take depositions and to perform such other business connected with the administration of justice as may be prescribed by law. [Amendment, proposed 1861; ratified 3d September, 1862.(d) 184. SEC. 12. The times and places of holding the terms of the several courts of Termas of courts. record shall be provided for by law. [Amendment, proposed 1861; ratified 3d September, 1862.(*) quisites. 185. SEC. 13. No judicial officer, except justices of the peace, recorders, and com- Fees and permissioners, shall receive to his own use any fees or perquisites of office. [Amendment, proposed 1861; ratified 3d September, 1862.(†) supreme court, 186. SEC. 14. The legislature shall provide for the speedy publication of such opin- Publication of ions of the supreme court as it may deem expedient; and all opinions shall be free opinions of for publication by any person. [Amendment, proposed 1861; ratified 3d September, 1862.() 187. SEC. 15. The justices of the supreme court, district judges, and county judges, Compensation of judges. shall severally, at stated times during their continuance in office, receive for their services a compensation, which shall not be increased or diminished during the term for which they shall have been elected: Provided, that county judges shall be paid out of tions to the county judge is constitutional; it is one of the "special cases" provided for, Saunders vs. Haynes, 13 Cal. 145. The county judge may grant an injunction in cases in the district courts, but he cannot appoint a receiver; at least not as a thing distinct from the injunction, Ruthrauff vs. Kresz, 18 Cal.639. The legislature may fix the commencement of the term and also the time of election of a county judge, but an act limiting the term to any thing less than four years is void pro tanto, Westbrook vs. Rosborough, 14 Cal. 180. Where an incumbent resigns before the expiration of his term, there is a vacancy to be filled by the governor; and his appointees hold till the next general election, and until his successor qualifies, Id. An election to fill such a vacancy is a special election, and the governor's proclamation is essential to its validity, Id. The statute giving to county courts jurisdiction in proceedings by mandamus is not unconstitutional, Jacks vs. Day, 15 Cal. 91. The proceedings before the corporate authorities of the town, or the county court, provided for by the act of January 24th, 1960, regulating the mode of settling claims to lots in town sites situated on public lands in Humboldt County, is a "special case" within the meaning of the constitution, Kicks vs. Reed, 19 Cal. 351. () Ninth section of original Article: SEC. 9. The county courts shall have such jurisdiction, in cases arising in justices' courts, and in special cases, as the legislature may prescribe, but shall have no original civil jurisdiction, except in such special cases. The jurisdiction of justices of the peace is limited to cases in which the value of the thing in controversy does not exceed the sum specified, except in proceedings under the statute concerning forcible entry. When the thing in dispute, though a mining claim, is worth more than that sum, the justice has no jurisdiction, Freeman vs. Powers, 7 Cal. 104. Under the ninth section of the original Article, Held, that the county court had the sole appeilate jurisdiction in all cases, civil and criminal, arising in justices' courts; and that the court of sessions had no appellate jurisdiction, People vs. Fowler, 9 Cal. 85. (*) Tenth section of original Article: SEC. 10. The times and places of holding the terms of the supreme court, and the general and special terms of the district courts within the several districts, shall be provided for by law. () A county clerk may issue process and attest proceedings of the courts of which he is ex officio clerk over his signature as county clerk, and leave to the title of the proceedings or con tents of the instruments the identification of the courts to which they belong, Touchard vs. Crow, 20 Cal. 150. (4) Eleventh section of original Article:SEC. 11. No judicial officer, except a justice of the peace, shall receive, to his own use, any fees or perquisites of office. Under the eleventh section of the original Article, Held, that when the constitution exempted justices of the peace from the operation of the restraint in regard to fees and perquisites, it meant to exempt those also, by whatever name called, who were intrusted with the duties assigned to justices, and that consequently the recorder of the City of Sacramento was entitled to collect fees, Curtis vs. Sacramento, 13 Cal, 290. () Twelfth section of original Article: SEC. 12. The legislature shall provide for the speedy publication of all statute laws, and of such judicial decisions as it may deem expedient; and all laws and judicial decisions shall be free for publication by any person. The constitution does not require that the district courts shall be held at the county seats, Upham vs. Sutler County, 8 Cal. 378. The constitution does not prohibit the legislature from authorizing a judgment to be entered in vacation, People vs. Jones, 20 Cal. 50. () Thirteenth section of original Article: SEC. 13. Tribunals for conciliation may be established, with such powers and duties as may be prescribed by law; but such tribunals shall have no power to render judgment to be obligatory on the parties, except they voluntarily submit 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 prescribed by law. Since the occupation of California by the Americans, the Mexican proceeding of conciliation has been deemed a useless formality, Von Schmidt vs. Huntington, 1 Cal. 55. () Fourteenth section of original Article:- SEC. 14. The legislature shall determine the number of justices of the peace, to be elected in each county, city, town, and incorporated village of the State, and fix by law their powers, duties, and responsibilities. It shall also determine in what cases appeals may be made from justices' courts to the county court. Disabilities of judges. Charge to juries. Style of process. Effect of amendments. Organization and discipline. Officers. Governor to call out. the county treasury of their respective counties. [Amendment, proposed 1861; ra 3d September, 1862.(®) 188. SEC. 16. The justices of the supreme court, and the district judges, and the co judges, shall be ineligible to any other office than a judicial office, during the ter which they shall have been elected. [Amendment, proposed 1861; ratified 3d Sej ber, 1862.(*) 189. SEC. 17. Judges shall not charge juries with respect to matters of fact, but state the testimony and declare the law. [Amendment, proposed 1861; ratified 3d tember, 1862.() 190. SEC. 18. The style of all process shall be, "The People of the State of Cal nia," and all prosecutions shall be conducted in their name and by their autho [Amendment, proposed 1861; ratified 3d September, 1862.(d) 191. SEC. 19. In order that no inconvenience may result to the public service the taking effect of the amendments proposed to said Article Six by the legislatur eighteen hundred and sixty-one, no officer shall be superseded thereby, nor shall organization of the several courts be changed thereby, until the election and quali tion of the several officers provided for in said amendments. [Amendment, prop 1861; ratified 3d September, 1862. ARTICLE VII. MILITIA. 192. SECTION 1. The legislature shall provide by law for organizing and disciplin the militia, in such manner as they shall deem expedient, not incompatible with constitution and laws of the United States. 193. SEC. 2. Officers of the militia shall be elected or appointed in such a manne the legislature shall from time to time direct, and shall be commissioned by the g ernor. 194. SEO. 8. The governor shall have power to call forth the militia, to execute laws of the State, to suppress insurrections, and repel invasions. ARTICLE VIII. Restrictions on legislative power. STATE DEBTS. 195. The legislature shall not in any manner create any debt or debts, liability liabilities, which shall singly, or in the aggregate, with any previous debts or liabiliti exceed the sum of three hundred thousand dollars, except in case of war, to repel vasion, or suppress insurrection, unless the same shall be authorized by some law some single object or work, to be distinctly specified therein, which law shall provi ways and means, exclusive of loans, for the payment of the interest of such debt liability, as it falls due, and also pay and discharge the principal of such debt or liab ity within twenty years from the time of the contracting thereof, and shall be irrepe able until the principal and interest thereon shall be paid and discharged; but no su law shall take effect until, at a general election, it shall have been submitted to t people, and have received a majority of all the votes cast for and against it at su election; and all money raised by authority of such law, shall be applied only to t specified object therein stated, or to the payment of the debt thereby created; and su law shall be published in at least one newspaper in each judicial district, if one be pu lished therein, throughout the State, for three months next preceding the election which it is submitted to the people.(*) () Original section: SEC. 15. The justices of the supreme court and judges of the district courts shall severally, at stated times during their continuance in office, receive for their services a compensation to be paid out of the treasury, which shall not be increased or diminished during the terin for which they shall have been elected. The county judges shall also severally, at stated times, receive for their services a compensation to be paid out of the county treasury of their respective counties, which shall not be increased or diminished during the term for which they shall have been elected. The provisions respecting the salaries of district judges do not exempt those officers from the necessity of an appropriation for that purpose by the legislature. Myers vs. English, 9 Cal. 841. (*) Original section: SEC. 16. The justices of the supreme court and district judges shall be ineligible to any other office during the term for which they shall have been elected. () The seventeenth section of the original Article was in the same words. The question of fraudulent intent is a question of fact; but where the law declares certain facts conclusive evidence of fraud, a verdict against such conclusion will be set asid Billings vs. Billings, 2 Cal. 107. It is error for a court to charge a jury as to a question of fa or as to the weight of evidence, Battersby vs. Abbott, 9 Cal. 56 This provision is violated whenever a judge so instructs as force the jury to a particular conclusion upon the whole or an part of the case, or to take away their exclusive right to weig the evidence and determine the facts. And such an error woul prima facie be sufficient cause for reversing a judgment; but more importance is to be attached to an error of this kind tha any other, People vs. Ybarra, 17 Cal. 166, (4) Original section: SEC. 18. The style of all process shall be, "The People of th State of California;" all the prosecutions shall be conducted i the name and by the authority of the same. (") The meaning of this section is too plain to permit the courts to resort to rules of construction to alter it. Hence, the act of April 8th, 1855, providing for the construction of a wagon road to the Sierra Nevada, and authorizing the board of com missioners to contract for the same at a price not exceeding $300,000, while the existing indebtedness of the State exceeded that sum (said act containing no provision for submission of ARTICLE IX. EDUCATION. 196. SECTION 1. A superintendent of public instruction shall, at the special election Superintendent of public for judicial officers to be held in the year eighteen hundred and sixty-three, and every instruction. four years thereafter at such special elections, be elected by the qualified voters of the State, and shall enter upon the duties of his office on the first day of December next after his election. [Amendment, proposed 1861; ratified 3d September, 1862.(") school lands, &c. 197. SEC. 2. The legislature shall encourage, by all suitable means, the promotion Duties of legislature. of intellectual, scientific, moral, and agricultural improvement. The proceeds of all land that may be granted by the United States to this State for the support of schools, Proceeds of which may be sold or disposed of, and the five hundred thousand acres of land granted to the new states, under an act of congress distributing the proceeds of the public lands among the several states of the Union, approved A. D. 1841; and all estates of deceased persons who may have died without leaving a will, or heir, and also such per cent. as may be granted by congress on the sale of lands in this State, shall be and remain a School fund. perpetual fund, the interest of which, together with all the rents of the unsold lands, and such other means as the legislature may provide, shall be inviolably appropriated to the support of common schools throughout the State.() 198. SEC. 3. The legislature shall provide for a system of common schools, by which Schools. a school shall be kept up and supported in each district at least three months in every year; and any school district neglecting to keep and support such a school may be deprived of its proportion of the interest of the public fund during such neglect. 199. SEC. 4. The legislature shall take measures for the protection, improvement, or University. other disposition of such lands as may have been, or may hereafter be reserved or granted by the United States, or any person or persons, to the State for the use of a university; and the funds accruing from the rents or sale of such lands, or from any other source for the purpose aforesaid, shall be and remain a permanent fund, the interest of which shall be applied to the support of said university, with such branches as the public convenience may demand, for the promotion of literature, the arts and sciences, as may be authorized by the terms of such grant. And it shall be the duty of the legislature, as soon as may be, to provide effectual means for the improvement and permanent security of the funds of said university. ARTICLE X. MODE OF AMENDING AND REVISING THE CONSTITUTION. amendments. 200. SECTION 1. Any amendment or amendments to this constitution, may be pro- Proposal of posed in the senate or assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and referred to the legislature then next to be chosen, and shall be published for three months next preceding the time of making such choice. And if, in the legislature next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the Submission to legislature to submit such proposed amendment or amendments to the people, in such the people. manner and at such time as the legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the legislature voting thereon, such amendment or amendinents shall become part of the constitution. 499. the question to the people), was void, People vs. Johnson, 6 Cal. The act of April 18th, 1856, providing for the erection of a State capitol at a cost not to exceed $300,000, held void, Nougues vs. Douglass, 7 Cal. 65. This Article is an express restriction upon the powers of the legislature, and there is no power in the judiciary to set it aside, hatever inconvenience may result from a legitimate applicatou of the provision, Id. All debts contracted in violation of this Article are void, and the legislature has no power to levy a tax or appropriate money for the payment thereof, Id. This Article only applies to the State as a corporation, and does not prevent the State authorizing counties or municipal Corporations to create debts, when the debt of the State itself is up to the constitutional limits, Pattison vs. Yuba County, 18 Cal. 175. The act of March 21st, 1856, creating a board of State-prison Commissioners and defining their duties, does not violate this Article. It does not create a debt or liability against the State. Though under the contract with Estill provided for the pay ment to him of $10,000 per month, there could be no debt on SECTION 1. The legislature shall provide for the election, by the people, of a superintendent of public instruction, who shall hold his office for three years, and whose duties shall be prescribed by law, and who shall receive such compensation as the legislature may direct. () The provision of the act of April 22d, 1861, requiring that the proceeds of sales of the sixteenth and thirty-sixth sections shall constitute a State fund instead of being applied for the benefit of the townships in which the bonds are situated, is constitutional and valid, Wyman vs. Banvard, 22 Cal. 524. The school land act of April 26th, 1858, is not a grant of the interest money to the several townships, but merely a provision as to the manner in which a certain fund shall be appropriated, and subject therefore to the future control of the legislature, Id. 201. SEC. 2. And if, at any time, two-thirds of the senate and assembly shal it necessary to revise or change this entire constitution, they shall recommend electors, at the next election for members of the legislature, to vote for or ag convention; and if it shall appear that a majority of the electors, voting at suc tion, have voted in favor of calling a convention, the legislature shall, at its next provide by law for calling a convention, to be holden within six months after t sage of such law; and such convention shall consist of a number of members than that of both branches of the legislature. The constitution that may ha agreed upon and adopted by such convention, shall be submitted to the peop special election, to be provided for by law, for their ratification or rejection voter shall express his opinion by depositing in the ballot-box a ticket, whered be written or printed the words "For the new Constitution," or "Against th Constitution." The returns of such election shall, in such manner as the conv shall direct, be certified to the executive of the State, who shall call to his ass the controller, treasurer and secretary of state, and compare the votes so certi him. If, by such examination, it be ascertained that a majority of the whole n of votes cast at such election, be in favor of such new constitution, the execu this State shall, by his proclamation, declare such new constitution to be the co tion of the State of California. [Amendment, proposed 1855; ratified 4th Nor 1856.(*) ARTICLE XI. PROMISCUOUS PROVISIONS. 202. SECTION 1. The first session of the legislature shall be held at the Pue San José; which place shall be the permanent seat of government, until remov law: Provided, however, that two-thirds of all the members elected to each ho the legislature shall concur in the passage of such law.(*) 203. SEC. 2. Any citizen of this State who shall, after the adoption of this con tion, fight a duel with deadly weapons, or send or accept a challenge to fight a due deadly weapons, either within this State or out of it; or who shall act as seco knowingly aid or assist in any manner those thus offending, shall not be allow hold any office of profit, or to enjoy the right of suffrage under this constitution 204. SEC. 3. Members of the legislature, and all officers, executive and ju except such inferior officers as may be by law exempted, shall, before they enter o duties of their respective offices, take and subscribe the following oath or affirmat "I do solemnly swear (or affirm, as the case may be) that I will support the con tion of the United States, and the constitution of the State of California, and t will faithfully discharge the duties of the office of according to the best o ability." And no other oath, declaration, or test, shall be required as qualification for office or public trust.() 205. SEC. 4. The legislature shall establish a system of county and town go ments, which shall be as nearly uniform as practicable throughout the State. 206. SEC. 5. The legislature shall have power to provide for the election of ab of supervisors in each county; and these supervisors shall jointly and individually form such duties as may be prescribed by law.(d) 207. SEC. 6. All officers whose election or appointment is not provided for by constitution, and all officers whose offices may hereafter be created by law, shal elected by the people, or appointed as the legislature may direct. 208. SEC. 7. When the duration of any office is not provided for by this constitu it may be declared by law, and if not so declared, such office shall be held during pleasure of the authority making the appointment; nor shall the duration of any of not fixed by this constitution, ever exceed four years.( ́) (*) Original section: SEC. 2. And if, at any time, two-thirds of the senate and assembly shall think it necessary to revise or change this entire constitution, they shall recommend to the electors, at the next election for members of the legislature, to vote for or against the convention; and if it shall appear that a majority of the electors voting at such election have voted in favor of calling a convention, the legislature shall, at its next session, provide by law for calling a convention, to be holden within six months after the passage of such law; and such convention shall consist of a number of members not less than that of both branches of the legislature. () After the first removal, a majority of the legislature might at any time remove the capital; consequently the act of February 4th, 1851, removing it to Vallejo, was constituti () An attorney at law is not a person holding an "offi public trust," and may be required to file an affidavit of giance as prescribed by the act of April 25th, 1863, as a cond to practicing before the courts, Cohen vs. Wright, 22 Cal. 29 (4) This section must be regarded as a limitation on the Article of the constitution. From the necessity of the supervisors exercise judicial, legislative and executive po in matters relating to the police and fiscal regulations of c ties, People vs. El Dorado County, 8 Cal. 58. () The governor cannot remove from office a notary pu duly appointed before his full term of office has expired, Fi vs. Jewett, 6 Cal. 291. Fiscal year. 209. SEO. 8. The fiscal year shall commence on the first day of July. 210. SEO. 9. Each county, town, city, and incorporated village, shall make provision Support of counfor the support of its own officers, subject to such restrictions and regulations as the legislature may prescribe. ty and inferior officers. 211. SEC. 10. The credit of the State shall not, in any manner, be given or loaned Credit of State. to or in aid of any individual, association, or corporation; nor shall the State directly or indirectly become a stockholder in any association or corporation. 212. SEO. 11. Suits may be brought against the State in such manner in such Suits against courts, as shall be directed by law. State. 213. SEO. 12. No contract of marriage, if otherwise duly made, shall be invalidated Marriages. for want of conformity to the requirements of any religious sect. prop 214. SEC. 13. Taxation shall be equal and uniform throughout the State. All erty in this State shall be taxed in proportion to its value, to be ascertained as directed by law; but assessors and collectors of town, county, and State taxes, shall be elected by the qualified electors of the district, county, or town, in which the property taxed for State, county, or town purposes is situated.(“) Taxation. 215. SEC. 14. All property, both real and personal, of the wife, owned or claimed Separato property. by her before marriage, and that acquired afterwards by gift, devise, or descent, shall be her separate property; and laws shall be passed more clearly defining the rights of the wife, in relation as well to her separate property, as to that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property.(") 216. SEC. 15. The legislature shall protect by law from forced sale, a certain portion Homesteads. of the homestead and other property of all heads of families.(*) 217. SEC. 16. No perpetuities shall be allowed, except for eleemosynary purposes. Perpetuities. 218. SEC. 17. Every person shall be disqualified from holding any office of profit in Bribery. this State, who shall have been convicted of having given, or offered a bribe, to pro cure his election or appointment. 219. SEC. 18. Laws shall be made to exclude from office, serving on juries, and from Right of suffrage. the right of suffrage, those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes. The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practice. This provision must be construed to deny the right of removal in those cases where the tenure is defined, Id. A law which provides that an officer may be removed in a certain way or for a certain cause, does not restrain or limit the power of removal to the cause or manner indicated. The only way in which this power of removal can be limited is by first fixing the duration or term of office, and then providing the mode, if deemed necessary, by which the officer may be removed during the term, People vs. Hill, 7 Cal. 97. (*) This section applies only to direct taxation upon property, and does not prohibit the legislature from enacting license laws. It may require the payment by foreigners of a license fee for the privilege of working the gold mines in the State, People vs. Naglee, 1 Cal. 232. The constitution provides that all property shall be taxed; but the quo modo is a matter of legislative control, and the statute must be steadily followed, De Witt vs. Hays, 2 Cal. 463. It is not within the power of the legislature to exempt any species of property, however owned, from taxation. That a steamboat is taxed in New York is no ground why it should not be taxed in California, when within its limits, Minturn vs. Hays, 2 Cal. 590. The first clause of this section does not operate as a limitation on the taxing power of the legislature, and apply to every species of taxation, but is to be taken as applying only to direct taxation, on property as such. It does not require that all should be taxed alike. The power of the legislature to tax trades, professions and occupations, is a matter completely within its control and rests in its sound discretion, People vs. Coleman, 4 Cal. 46. The interest of the occupant of a mining claim is property, and it is within the power of the legislature, under the constitution, to tax such property, State vs. Moore, 12 Cal. 56. This section applies only to that charge or imposition upon property which it is necessary to levy to raise funds to defray the expenses of the government of the State or of some county or town. It has no reference to special assessments for local improvements. For the expenses of such improvements it is competent for the legislature to provide, either by general taxation upon the property of all the inhabitants of the county or town in which they are made, or upon property adjacent, thereto and specially benefited thereby, Burnett vs. Sacramento, 12 Cal. 76. The legislature can impose a general tax upon all the property of the State, or a local tax upon the property of particular political subdivisions, as counties, cities and towns. The cases in which its power shall be exercised and the extent to which the taxation in a particular instance shall be carried, are matters exclusively within its own judgment, subject to the qualifications of equality and uniformity in the assessment. And, except as especially restricted, its power of appropriation of the moneys raised is coextensive with its power of taxation, Blanding vs. Burr, 13 Cal. 343. Assessors and tax-collectors are constitutional officers, but it is not necessary that every portion of the revenue pass through their hands. The legislature may authorize the tax-payer to pay his taxes directly into the treasury, People vs. Squires, 14 Cal. 12. The foreign miners' license, though in some sense a tax, yet, probably, it is not so in the sense involved in the necessary duties of a tax-collector, Id. A sheriff, being ex officio tax-collector of foreign miners' licenses, may be deprived of the office of tax-collector by the legislature, before the expiration of his term, Id. The act of May 3d, 1852, providing for the appointment of a gauger for the port of San Francisco, is constitutional. It does not violate the provision that taxation shall be equal and uniform, because the per centage allowed the gauger is not a tax within the meaning of the constitution, Addison vs. Saulnier, 19 Cal. 82. The provision that taxation shall be equal and uniform is not violated by the revenue act of April 29th, 1857, exempting church and school lands and lands of the United States from taxation, High vs. Shoemaker, 22 Cal. 363. It () This section is taken from the constitution of Texas. creates a capacity in the wife to hold separate property, and her title depends upon the mode of acquisition and vests before the inventory can be filed, Selover vs. American Russian Commercial Company, 7 Cal. 266. From the position that the capacity of the wife as to her sepa rate property is equal to that of the husband as to his separate property, grave doubts exist as to the validity of some of the provisions of the statute relating to husband and wife, Id. The term "separate property" is used in its common law sense, and means an estate held, both in its use and in its title, for the exclusive benefit of the wife. Neither the husband nor his creditor can claim the proceeds or fruits of the separate estate of the wife. A law giving them such fruits is unconstitutional, George vs. Ransom, 15 Cal. 322. () The constitution is inoperative in itself, and looks to legis. lation to determine how far and in what manner the homestead should be protected from forced sale, Cary vs. Tice, 6 Cal. 625. |