HISTORY OF CALIFORNIA. 



389 



SEC. 3. The right of trial by jury shall be secured 

 to all, and remain inviolate for ever ; but a jury trial 

 may be waived by the parties, in all civil cases, in the 

 manner to be prescribed by law. 



SEC. 4. The free exercise and enjoyment of reli 

 gious profession and worship, without discrimination 

 or preference, shall for ever be allowed in this State ; 

 and no person shall be rendered incompetent to be a 

 witness on account of his opinions on matters of reli 

 gious belief; but the liberty of conscience, hereby 

 secured, shall not be so construed as to excuse acts 

 of licentiousness, or justify practices inconsistent with 

 the peace or safety of this State. 



SEC. 5. The privilege of the writ of habeas corpus 

 shall not be suspended, unless when, in cases of rebel 

 lion or invasion, the public safety may require ita 

 suspension. 



SEC. 6. Excessive bail shall not be required, nor 

 excessive fines imposed, nor shall cruel or unusual 

 punishments be inflicted, nor shall witnesses be un 

 reasonably detained. 



SEC. 7. All persons shall be bailable, by sufficient 

 sureties : unless for capital offences, when the proof is 

 evident or the presumption great. 



SEC. 8. No person shall be held to answer for a 

 capital or otherwise infamous crime (except in cases 

 of impeachment, and in cases of militia when in ac 

 tual servicej and the land and naval forces in time of 

 war, or which this State may keep with the consent 

 of Congress in time of peace, and in cases of petit 

 larceny under the regulation of the Legislature,) un 

 less on presentment or indictment of a grand jury ; . 

 and in any trial in any court whatever, the party ac 

 cused shall be allowed to appear and defend in person 

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