226. Term of office. SEC. 226. The term of office of a senator is four years; of a member of the assembly, two years. Term of office: See Const. Cal., art. 4, secs, 3-5. Sections 227, 228, 229, and 230 of this code were superseded by "An act to define the senatorial and assembly districts of the ARTICLE II. MEETING AND ORGANIZATION OF THE LEGISLATURE, state, and to apportion the representation 235. Time and place of meeting. o'clock SEC. 235. The legislature shall assemble at the seat of government at twelve M., on the first Monday after the first day of January, eighteen hundred and eighty-one, and on the first Monday after the first day of January every two years thereafter. [Amendment, approved April 9, 1880; Amendments 1880, 48 (Ban. ed. 153); took effect sixtieth day after passage.] Conforms to art. 4., sec. 2, Const. Cal. The certificate may be revoked by the governor for fraud: Morlon v. Daily, 2 Cong. El. Cas. 402; or may be issued on a supplementary return: Sleeper v. Rice, 1 Id. 472. The inability to obtain a certificate by reason of the refusal of the governor to issue it will not de 236. Certificate of election evidence of right to seat. SEC. 236. The certificate of election is prima facie evidence of the right to membership. [Amendment, approved March 30, 1874; Amendments 1873–4, 3; took effect July 6, 1874.] stroy the right to the membership: Clement's seq. Contesting elections: See post, secs. 273 et Qualification of members: See-Const. Cal., art. 4, sec. 7. 237. Secretary, clerk, and sergeant-at-arms to hold until successors elected. 238. Senate, organization of. SEC. 238. At the hour of twelve o'clock M., on the day appointed for the meeting of any regular session of the legislature, the president of the senate, or in case of his absence or inability, then the senior member present, must take the chair, call the members and members elect to order, and then cause the secretary to call over the senatorial districts, in their order, from which members have been elected at the preceding election; and as the same are called the members elect must present their certificates, take the constitutional oath of office, and assume their seats. The senate may thereupon, if a quorum is present, proceed to elect its officers. Oath-As to the form of the oath, see article 15, section 3, constitution of California; and with regard to the time when members of the 239. Assembly, organization of. clerk of the assembly, SEC. 239. At the time specified in section two hundred and thirty-eight, the legislature may take the oath, see section 906, Quorum: See Const. Cal., art. 4, sec. 8. member elect present, must take the chair, call the members elect to order, and POL. CODE-8 113 oath of office, and assume their seats. The assembly may thereupon, if a quorum is present, proceed to elect its officers. 240. Oath to be entered on journal. SEC. 240. An entry of the oath taken by members of the legislature must be made on the journals of the proper house. Section is founded on Stats. 1863, 386, 388. Journal used in considering passage of Journal to be kept: See Const. Cal., art. act: See ante, sec. 225, in note. 4, sec. 10; post, secs. 256, 257. ARTICLE III. NUMBER, DESIGNATION, ELECTION, AND APPOINTMENT OF OFFICERS AND EMPLOYEES OF THE LEGISLATURE. 245. Officers of senate. SEC. 245. The officers and employees of the senate consist of a president, president pro tem., one secretary, two assistant secretaries, one sergeant-atarms, one assistant sergeant-at-arms, one minute-clerk, one journal-clerk, one enrolling-clerk, one engrossing-clerk, three pages, three porters, and one postmaster, who, without additional compensation, shall be paper folder. [Amendment, approved March 31, 1876; Amendments 1875-6, 8; took effect sixtieth day after passage.] The original sections 245 and 246 were based on Stats. 1861, 592. 246. Officers of assembly. SEC. 246. The officers and employees of the assembly consist of a speaker, speaker pro tem., one chief clerk, two assistant clerks, one sergeant-at-arms, one assistant sergeant-at-arms, one minute-clerk, one journal-clerk, one enrolling-clerk, one engrossing-clerk, four porters, four pages, and one postmaster, who, without additional compensation, shall be paper folder. [Amendment, approved March 31, 1876; Amendments 1875-6, 8; took effect sixtieth day after passage.] 247. How elected. SEC. 247. All officers and employees of the legislature, except the president of the senate, porters, and pages, must be elected by the house to which such officers and employees are attached. The porters and pages shall be appointed by the presiding officers of their respective houses. [Amendment, approved March 31, 1876; Amendments 1875–6, 8; took effect sixtieth day after passage.] See Const. Cal., art. 4, sec. 7. 248. Engrossing and enrolling clerks and assistants. SEC. 248. The engrossing-clerks and enrolling-clerks of the senate and assembly shall have no power to appoint any assistants at a per diem, but shall have exclusive control of all engrossing and enrolling that may come into their respective offices, and shall be required to report all bills back within forty-eight hours after their reception, unless further time be granted. Should the amount of work in either of the above-named offices accumulate so that the clerk cannot complete the same within the time specified, then the engrossing or enrolling clerk may employ such assistance as may be necessary to complete the work within the time specified in this act. [New section, approved March 31, 1876; Amendments 1875-6, 8; took effect sixtieth day after passage.] 249. Pay of assistants. SEC. 249. All work performed by assistants in the engrossing and enrolling clerks' offices shall be paid for out of the contingent fund of the respective houses in which the work is performed, as follows: For work performed in the engrossing-clerks' offices, not to exceed the sum of fifteen cents per folio of one hundred words; and for work performed in the enrolling clerks' offices, not to exceed the sum of twenty-five cents per folio of one hundred words. All bills for engrossing or enrolling shall be made out by the clerk and presented, at the end of each week, to the committee on expenditures and accounts, or such other committee as either house may designate, whose duty it shall be to audit and certify to the correctness of the same. Upon this certificate the controller shall draw his warrant in favor of the clerk in whose office the work has been done, for the amount performed each week, and the clerk shall receive and pay the same to his assistants, and shall become personally responsible to his assistants for their pay, and to their respective houses for all bills received by them. [New section, approved March 31, 1876; Amendments 1875-6, 9; took effect sixtieth day after passage.] ARTICLE IV. POWERS AND DUTIES OF THE OFFICERS AND EMPLOYEES OF THE LEGISLATURE. 252. What officers of, may administer oaths. SEC. 252. The president and president pro tem. of the senate, and the speaker and speaker pro tem. of the assembly, may administer the oath of office to any senator or assemblyman, and to the officers of their respective bodies. The members of any committee may administer oaths to witnesses in any matter under examination. Oath: See secs. 904, post, et seq. 253. Duties of secretary and clerk. SEC. 253. The secretary of the senate and the chief clerk of the assembly must attend each day, call the roll, read the journal and bills, and superintend all copying necessary to be done for their respective houses. Section is founded on Stats. 1861, 592. Journal: See ante, sec. 240, and note. 254. Duties of assistant secretary and assistant clerk. SEO. 254. The assistant secretaries of the senate and the assistant clerks of the assembly must take charge of all bills, petitions, and other papers presented to their respective houses, file and enter the same in the books provided for that purpose, and perform such other duties as may be directed by the secretary of the senate and chief clerk of the assembly. 255. Duties of minute-clerk. SEC. 255. The minute-clerk of the senate and the minute-clerk of the assembly must keep a correct record of the proceedings of their respective houses. 256. Duties of journal-clerk of senate. SEC. 256. The journal-clerk of the senate must record each day's proceedings in the journal, from which they must be read by the secretary each day of meeting, and then be authenticated by the signature of the president. See ante, sec. 240, note. 257. Duties of journal-clerk of assembly. SEC. 257. The journal-clerk of the assembly must record each day's proceedings in the journal, from which they must be read by the clerk each day of meeting, and then be authenticated by the signature of the speaker. See ante, sec. 240, note. 258. Duties of copying-clerks. Section 258 was repealed by act approved March 31, 1876; amendments 1875-6, 9; took effect sixtieth day after passage. 259. Duties of sergeants-at-arms. SEC. 259. The sergeant-at-arms of the senate and the sergeant-at-arms of the assembly must give a general supervision, under the direction of their presiding officers, to the senate and assembly chambers, with the rooms attached; attend during the sittings of their respective bodies, execute their commands and all process issued by their authority; keep an account for pay and mileage of members, and prepare checks for the same. 260. Duties of assistant sergeants-at-arms. SEC. 260. The assistant sergeant-at-arms of each house must perform the duties of door-keeper, prohibit all persons except members, officers, and employees, and such other persons as may have the privilege of the floor assigned them by the rules of each house, from entering within the bar of the house, unless upon invitation, and keep order in the halls and lobbies. Door-keeper, when doors must be open: Const. Cal., art. 6, sec. 13. 261. Duties of officers at close of session. SEC. 261. The secretary and assistant secretaries of the senate, and chief clerk and assistant clerks of the assembly, at the close of each session of the legislature, must mark, label, and arrange all bills and papers belonging to the archives of their respective houses, and deliver them, together with all the books of both houses, to the secretary of state, who must certify to the reception of the same. Section is founded on Stats. 1861, 592. ARTICLE V. COMPENSATION OF MEMBERS, OFFICERS, AND EMPLOYEES OF THE LEGISLATURE. 266. Per diem and mileage of members. SEC. 266. Members of the legislature shall receive eight dollars per day, payable weekly, during the session of the legislature, and ten cents per mile for each mile of travel to and from their residences and the place of holding the session. [Amendment, approved April 9, 1880; Amendments 1880, 48 (Ban. ed. 153); took effect sixtieth day after passage.] See Const. Cal., art. 4, sec. 23. See act appropriating one thousand one hundred and seventy-five dollars and forty-one cents for mileage of senators and lieutenantgovernor for twenty-second fiscal year: Stats. 1881, 1. 267. Per diem and mileage of presiding officers. SEC. 267. The speaker of the assembly shall receive the sum of ten dollars per diem during the session of the legislature, and the same mileage and sum for contingent expenses as members of the legislature. [Amendment, approved April 23, 1880; Amendments 1880, 7 (Ban. ed. 410); took effect from and after July 1, 1880.] See Stats. 1856, 224. 268. Compensation of other officers and employees. SEC. 268. There must be paid to the secretary, assistant secretaries, minute, journal, enrolling, and engrossing clerks, and sergeant-at-arms of the senate, the chief clerk, assistant clerks, minute, journal, enrolling, and engrossing clerks, and sergeant-at-arms of the assembly, each eight dollars per day; to the assistant sergeant-at-arms of the senate and assembly, each six dollars per day; to the porters of the senate and assembly, each four dollars per day; to each committee clerk appointed by authority of either house, five dollars per day, except the clerks of the judiciary committees, who must be paid eight dollars per day; to the pages and postmasters of the senate and assembly, each three dollars per day. [Amendment, approved March 31, 1876; Amendments 1875-6; took effect sixtieth day after passage.] See, for act upon which the original section was founded, Stats. 1861, 592. 269. Compensation for services after close of session. SEC. 269. For services performed under the provisions of section two hundred and sixty-one of this code, each of the officers therein named receive a compensation of fifty dollars. ARTICLE VI. CONTESTING ELECTIONS FOR MEMBERS OF THE LEGISLATURE. 273. Who may contest. SEC. 273. The right of any person declared elected to a seat in the senate or assembly may be contested by any qualified voter of the county or district to be represented by such senator or assemblyman. Section is founded on Stats. 1850, 108. Qualified voter: See post, secs. 1083, 1084. secs. 288 et seq. 274. Statement of cause of contest to be filed. SEC. 274. The person contesting such election must, within twenty days after the certificate of election is issued, file with the clerk of the county, or one of the counties in which the alleged cause of contest originated, a statement of the grounds of contest, verified by his oath. [Amendment, approved March 30, 1874; Amendments 1873-4, 4; took effect July 6, 1874.] Statement of grounds of contest: See also Code Civ. Proc., sec. 1115. Contesting election of governor: See post, 275. Commission to take testimony. SEC. 275. On the filing of such statement, the clerk must issue a commission, directed to two justices of the peace of his county, to meet at a time and place specified in the commission, not less than twenty nor more than thirty days from the date thereof, for the purpose of taking the depositions of such witnesses as the parties to the contest may wish to examine. Commissions: See Code Civ. Proc., sec. 2024. 276. Notice to person interested, by whom served. SEC. 276. Written notice of such contest, specifying the time and place of taking depositions, and a copy of the statement, certified by the clerk, must be delivered to the person whose election is contested, or if he cannot be found, left at the house where he last resided, by the sheriff of the county in which such person claims his residence, within ten days after such statement is filed. See Code Civ. Proc., sec. 1119. 277. Compelling attendance of witnesses. SEO. 277. Either of the justices of the peace have power to issue subpoenas for witnesses, at the request of either party, to be served by the sheriff as other subpoenas; and such justices, when met at the time and place appointed to take such depositions, have the same power to issue attachments and assess fines against witnesses as is given to justices of the peace in the trials of civil actions. Subpoenas from justices' court: Code Civ. Proc., sec. 919; from other courts: Id., secs. 1985 et seq. 278. Testimony, how taken. SEC. 278. The justices must meet at the time and place appointed, and take the depositions of witnesses produced by the parties, and may continue the |