327. Repeal of statutes. SEC. 327. Any statute may be repealed at any time, except when it is otherwise provided therein. Persons acting under any statute are deemed to have acted in contemplation of this power of repeal. Repeal of statutes: See the note to sec. 18, ante. Repealing an act repeals amendments thereof: Hemstreet v. Wassum, 49 Cal. 273. 328. Act repealed not revived by repeal of repealing act. SEC. 328. No act or part of an act, repealed by another act of the legislature, is revived by the repeal of the repealing act without express words reviving such repealed act or part of an act. Repeal of repealing act: See the note to sec. 18, ante. 329. Repeal of laws creating criminal offenses, effect of. SEC. 329. The repeal of any law creating a criminal offense does not constitute a bar to the indictment or information and punishment of an act already committed in violation of the law so repealed, unless the intention to bar such indictment or information and punishment is expressly declared in the repealing act. [Amendment, approved February 18, 1881; Amendments of 1881, 6; took effect immediately.] The original section did not have the word "information." And where at the time of the commission of the offense it could not have been prosecuted by information, the above section, as it originally stood, could not be construed to permit such a prosecution after the repeal of the statute under which the criminal act was done: People v. Tisdale, 57 Cal. 104. Repeal, affecting crimes.-Were it not for this section, the repeal of the law under which a crime might have been committed would work a bar to the further prosecution for the offense: Griffin v. State, 39 Ala. 541; Carlisle v. State, 42 Id. 523; Howard v. State, 5 Ind. 183; State v. O'Conner, 13 La. Ann. 486; 330. Amendatory act, when void. Mullinix v. State, 43 Ind. 511; Whitehurst v. State, Id. 473; State v. Long, 78 N. C. 571; Wall v. State, 18 Tex. 682; Greer v. State, 22 Id. 588; State v. Ingersoll, 17 Wis. 631; State v. Gumber, 37 Id. 298; Annapolis v. State, 30 Md. 112. By virtue of this saving section, the repeal of a law creating any criminal offense will not prevent the offender's being punished therefor: United States v. Barr, 4 Saw. 254; People v. Quinn, 18 Cal. 122; People v. Tisdale, 57 Id. 104; Jordan v. State, 38 Ga. 585; Volmer v. State, 34 Ark. 487; Acree v. Commonwealth, 13 Bush, 353; State v. Shaffer, 21 Iowa, 486; State v. Ross, 49 Mo. 416; Commonwealth v. Adcock, 8 Gratt. 661. SEC. 330. An act amending a section of an act repealed is void. ARTICLE XII. PUBLIC REPORTS. 332. When state officers, etc., are to report. SEC. 332. All officers, boards of officers, commissioners, trustees, regents, and directors, required by law to make reports to the governor or legislature, except the controller of state, must send such reports to the governor before the first day of October, in the year eighteen hundred and eighty, and in every second year thereafter. The railroad commissioners must send their report to the governor annually on or before the first day of October. [Amendment, approved April 23, 1880; Amendments 1880, 83 (Ban. ed. 332); took effect from and after July 1, 1880.] This amendment enlarged the time to file report from August to October, and of the evennumbered instead of odd-numbered years. Section springs from Stats. 1866, 784; 1870, 333. 333. Reports, printing of. Controller's report.-Controller must report to the governor on the second Monday in October: See post, sec. 433. SEC. 333. The superintendent of state printing must print such reports before the last Monday in November next after the receipt thereof. [Amend ment, approved April 1, 1878; Amendments 1877-8, 6; took effect from passage, repealing all conflicting acts.] Printing reports. -Section is founded upon Stats. 1870, 359. The following reason is assigned by the commissioners for this section: "This is required, so that the governor may have the reports for thorough examination and understanding, and to refer to by page in pre334. Number to be printed. paring his biennial message; and also that they may accompany his message to the legislature in printed form, thereby inducing intelligent legislation on the executive and financial affairs of the state government." SEC. 334. There must be printed: Of the report of the secretary of state, twelve hundred copies; of the report of the controller of state, two thousand copies; of the report of the state treasurer, six hundred and fifty copies; of the report of the surveyor-general, two thousand five hundred copies; of the report of the superintendent of public instruction, four thousand five hundred copies; of the report of the attorney-general, one thousand copies; of the report of the adjutant-general, six hundred copies; of the report of the state librarian, six hundred copies; of the report of the fish commissioners, fifteen hundred copies; of the report of the directors, resident physician, visiting physicians of the insane asylum, twenty-five hundred copies; of the report of the directors of the state prison, eighteen hundred copies; of the report of the state board of harbor commissioners, twelve hundred copies; of the report of regents of the university, twelve hundred copies; of the report of the trustees of the asylum for the deaf, dumb, and [the] blind, eight hundred copies; of the report of the state board of equalization, two thousand copies; of the report of the state board of health, one thousand copies; of the report of the commissioners to manage the Yosemite valley and Mariposa big tree grove, five hundred copies; of the report of the superintendent of state printing, seven hundred and fifty copies.. [Amendment, approved April 1, 1878; Amendments 1877-8, 6; took effect from passage; repealing all conflicting acts.] 335. Distribution of reports. SEC. 335. The reports must be delivered by the superintendent of state printing as follows: To the governor, fifty copies of each report; to the state librarian, ten copies of each report; to the secretary of state, thirty copies of each report; to the superintendent of public instruction, two thousand copies of his report for distribution to school trustees and teachers, and for exchange with other states; to the surveyor-general, one thousand copies of his report for distribution to the county surveyors, assessors, and county clerks for the several counties, and for exchange with other states; to the adjutant-general, two hundred and fifty copies of his report, to be distributed at his discretion; to the attorney-general, one hundred copies of his report for distribution to the several district attorneys of the state; to the controller, two hundred copies of his report; to the secretary of state, two hundred copies of his report; to the state treasurer, two hundred copies of his report; to the state librarian, one hundred and fifty copies of his report; to the officers of each of the insame asylums, five hundred copies of their reports; to the directors of the state prison, one hundred copies of their report; to the regents of the university, three hundred copies of their report; to the trustees of the asylum for the deaf, dumb, and blind, three hundred copies of their report; to the fish commissioners, five hundred copies of their report; to the superintendent of state printing, two hundred copies of his report; to the state board of health, two hundred copies of their report; to the commissioners to manage the Yosemite valley and the Mariposa big tree grove, two hundred copies of their report. And the remaining copies thereof: One third to the order of [the] sergeant-at-arms of the senate, and two thirds to the order of the sergeant-at-arms of the assembly, to be by them dis tributed pro rata to the members of the senate and assembly next to convene. [Amendment, approved April 1, 1878; Amendments 1877-8, 6; took effect from passage; repealing all conflicting acts.] 336. To be printed in English. SEC. 336. All reports must be printed in the English language. "Stats. 1872, p. 442, sec. 4, require five thousand copies of the report of the state agricultural society to be printed annually, under the direction of the governor, and delivered to the society for distribution:" Code commissioners' note. 337. Report of insurance commissioner to be printed and distributed. SEC. 337. Of the report of the insurance commissioner, the commissioner must have printed, at the expense of his office, one thousand copies, and must deliver of the same as follows: To the governor, twenty copies; To the state librarian, ten copies; To the secretary of state, thirty copies; To the sergeant-at-arms of the senate, eighty copies; To the sergeant-at-arms of the assembly, one hundred and sixty copies; And the residue must be distributed by the commissioner in furtherance of the interest of insurance. [New section, approved March 30, 1874; Amendments 1873-4, 7; took effect July 6, 1874.] CHAPTER III. EXECUTIVE OFFICERS. ..... 341 ARTICLE I. CLASSIFICATION, Number, and DESIGNATION OF EXECUTIVE OFFICERS................. 380 X. REGISTER OF THE STATE LAND-OFFICE. XIII. STATE GEOLOGIST.. XIV. SEALER OF WEIGHTS AND MEASURES.. XV. INSPECTOR OF GAS METERS... XVI. INSURANCE COMMISSIONER. XVII. FISH COMMISSIONERS.. XVIII. BOARD OF EXAMINERS. XIX. OTHER EXECUTIVE OFFICERS. ARTICLE I. CLASSIFICATION, NUMBER, AND DESIGNATION OF EXECUTIVE OFFICERS. 341. Classification of executive officers. SEC. 341. Executive officers are either: 1. Civil; or, 2. Military. 342. Militar, officers. SEC. 342. Military officers are designated and their duties prescribed in Title IV. of Part III. of this code. Militia: See post, secs. 1895-2117. 343. Designation and number of civil executive officers. SEC. 343. The number and designation of the civil executive officers are as follows: A governor; a private secretary for the governor, who is ex officio clerk of the board of examiners; an executive secretary for the governor; a lieutenant-governor; a secretary of state; a deputy secretary of state; a bookkeeper for the secretary of state; two recording clerks for the secretary of state; a controller; a deputy controller; a book-keeper for the controller; three clerks for the controller; a treasurer; a deputy treasurer; a clerk for the treasurer; an attorney-general; a deputy attorney-general; a surveyor-general, who shall be ex officio register of the state land-office; a deputy surveyor-general; one clerk for the surveyor-general; two clerks for the register; a superintendent of public instruction; a deputy for the superintendent of public instruction; one clerk for the superintendent of public instruction; a superintendent of state printing; an inspector of gas meters; a vaccine agent; a commissioner of immigration; an insurance commissioner; a deputy for the insurance commissioner; three state capital commissioners; four port-wardens for the port of San Francisco; a port-warden for each port of entry except San Francisco; three state harbor commissioners; three harbor commissioners for the port of Eureka; six pilots for each harbor where there is no board of pilot commissioners; three members of the board of pilot commissioners for the ports of San Francisco, Mare island, and Benicia; three members of the board of pilot commissioners for Humboldt bay and bar; three fish commissioners; a president and twelve directors of the state board of agriculture; four members of the state board of equalization; a clerk of the board of equalization; three members of the state board of railroad commissioners; a secretary of the state board of railroad commissioners; a bailiff of the state board of railroad commissioners; seven members of the state board of health; five members of the San Francisco board of health; five members of the Sacramento board of health; twenty-two regents of the university of California; three members of the state board of education; seven trustees of the state normal school; five trustees of the state library; a state librarian; two deputies for the state librarian; a librarian for the supreme court library; five directors of the state prisons; two wardens of the state prisons; two clerks of the state prisons; five directors for the insane asylum at Stockton; five directors for the insane asylum at Napa; a medical superintendent of the insane asylum at Stockton; two assistant physicians of the insane asylum at Stockton; a resident physician of the insane asylum at Napa; one first assistant physician of the insane asylum at Napa; provided, when the number of patients shall increase to six hundred, the trustees may elect one additional second assistant physician, with the same pay and emoluments as the first assistant physician; a treasurer of the insane asylum at Stockton; a treasurer of the insane asylum at Napa; five trustees for the asylum for the deaf and dumb and the blind; three trustees of the state burying-grounds; nine commissioners of the Yosemite valley and Mariposa big tree grove; such other officers as fill offices created by or under the authority of general laws for the government of counties, cities, and towns, or of the charters or special laws affecting the same, or of the health, school, election, road, or revenue laws. [Amendment, approved April 23, 1880; Amendments 1880, 83 (Ban. ed. 406); took effect from and after July 1, 1880.] Pilot commissioners for San Diego are provided for by Stats. 1872, 650 et seq. See the act given in note to sec. 2491, post. ARTICLE II. THE MODE OF ELECTION OR APPOINTMENT AND TERM OF OFFICE OF CIVIL EXECUTIVE 348. Certain officers elected. OFFICERS. SEC. 348. The mode of election of the governor, lieutenant-governor, secretary of state, controller, treasurer, attorney-general, surveyor-general, and superintendent of public instruction is prescribed by the constitution. Election of governor: See Const. Cal., art. 5, secs. 2, 4. Election of lieutenant-governor: See Const. Cal., art. 5, sec. 18. Election of secretary of state, controller, 349. State printer. treasurer, attorney-general, and surveyor. general: See Const. Cal., art. 5, sec. 17. Election of superintendent of public instruction: Const. Cal., art. 9, sec. 2. SEC. 349. The state printer is elected at the same time as the state officers mentioned in the preceding section, and holds his office for the term of four years from the first Monday in December next succeeding his election. Superintendent of state printing: See post, sec. 526. The office of state printer was abolished and that of "superintendent of state 350. Register of land-office. printing" created by act of March 26, 1872; 1871-2, sec. 554. SEC. 350. The surveyor-general is ex officio register and the deputy surveyorgeneral is ex officio deputy register of the state land-office. See post, secs. 3395 et seq. 351. State sealer of weights and measures. SEC. 351. The secretary of state is ex officio state sealer of weights and measures. See post, secs. 561-567. The standards of weights and measures: See post, secs. 3209 3223, in note. 352. State board of equalization. Sec. 352. Members elected, one from each of the congressional districts in this state, by the qualified electors thereof, with the controller, constitute the state board of equalization. Their term of office shall be four years, commencing from the first Monday after the first day of January following their election; provided, that the terms of those members elected in the year eighteen hundred and seventy-nine shall be three years. They shall choose one of their members chairman, who shall hold such office during the pleasure of the board. [Amendment, approved April 3, 1880; Amendments 1880, 25 (Ban. ed. 117); took effect immediately.] See post, secs. 3692-3705. 353. Regents of university. SEC. 353. The governor, lieutenant-governor, speaker of the assembly, superintendent of public instruction, president of the state board of agriculture, and president of the Mechanics' Institute of San Francisco are ex officio regents of the University of California. The appointment and terms of office of the other regents are provided for in Chapter I., Title III., of Part III. of this code. Regents of the university: See post, secs. 1425 et seq. |