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examination from day to day, if necessary. When the examination is closed, they must seal up the depositions taken before them, together with the commission, and transmit the same by mail or express to the clerk with whom the statement was filed.
279. Vacancy in commission, how filled.
SEC. 279. If at any time either of the justices is unable to proceed in such examination, the clerk may supply the vacancy by designating any other justice of the peace of the county.
280. Fees of officers.
SEO. 280. Officers performing services in a contested election case may charge and collect from the party at whose instance such services were performed the same fees as are allowed them for similar services in civil cases.
281. Testimony to be transmitted to secretary of state.
SEC. 281. The clerk must seal up the depositions, the original statement, the copy of the notice served upon the party whose right is contested, and the commission issued to the justices of the peace, and transmit the same by mail to the secretary of state, indorsing thereon the names of the contesting parties and the branch of the legislature before which such contest is to be tried. The secretary of state must deliver the same, unopened, to the presiding officer of the house in which such contest is to be tried, on or before the second day of the session of the legislature next after taking such depositions, and such presiding officer must immediately give notice to the house that such papers are in his possession. See Code Civ. Proc., sec. 2032.
SEC. 282. At any time after notice of contest has been given, and before the trial thereof before the proper branch of the legislature, either party may take depositions, to be read on the trial, in like manner and under the same rules as are allowed and required in the cases of depositions to be read on the trial of civil actions; and such depositions, when taken, must be sealed up by the officer taking the same, and directed to the secretary of state, who must keep the same, unopened, and deliver them to the presiding officer of the house in which the contest is to be tried.
Depositions, how taken: See Code Civ. Proc., sec. 2031.
283. Further evidence may be taken.
SEC. 283. The house before which the contest is pending may take such other evidence in the case as it deems material.
CONTESTING THE ELECTION FOR GOVERNOR OR LIEUTENANT-GOVERNOR.
288. Who may contest.
SEC. 288. Any elector of the state may contest the election of any person declared elected governor or lieutenant-governor of the state of California. Section is founded on Stats. 1850, 109. Elector: See secs. 1083, 1084.
289. Grounds of contest to be stated in petition.
SEC. 289. Such elector may, within twenty days after the declaration of the result of the election, deliver to the presiding officer of each house of the legislature a verified specification of the grounds of contest.
Grounds of contest: See sec. 274, note.
290. Notice to respondent.
SEC. 290. As soon as the presiding officers have received the specifications they must make out a notice, in writing, directed to the person whose election is contested, and deliver the same to a sergeant-at-arms, who must serve such notice at once on the person therein named.
See sec. 276, ante.
291. Notice to houses.
SEC. 291. The presiding officers must also immediately give notice to their respective houses that such specifications have been received.
292. Trial committee, how chosen.
SEC. 292. Each house must at once choose seven members of its own body, in the following manner:
1. The names of the members, except the speaker of the assembly, written on similar paper tickets, must be placed on a box;
2. The secretary of the senate in the presence of the senate, and the clerk of the assembly in the presence of the house, must draw from their respective boxes the names of seven members of each.
293. Notice of choice.
SEC. 293. As soon as the names are drawn, notice of the names of members drawn in one house must be given to the other, and the names of the fourteen members drawn must be entered on the journals of each house.
294. Powers of committee.
SEC. 294. The members thus selected constitute a committee to try such contested election, and for that purpose must hold their meetings publicly at the seat of government, at such time and place as they may designate, and may adjourn from day to day, or to a day certain, until such trial is determined. They have power to send for persons and papers, and to take all necessary means to procure testimony, extending like privileges to each party to the contest. They must report their judgment in the premises to both houses of the legislature, which report must be entered upon the journals.
See post, secs. 300 et seq.
295. Judgment of committee.
SEC. 295. The judgment of the committee thus reported is final and con
ATTENDANCE AND EXAMINATION OF WITNESSES BEFORE THE LEGISLATURE AND COMMIT
SEC. 300. A subpoena requiring the attendance of any witness before either house of the legislature or a committee thereof may be issued by the president of the senate, speaker of the house, or the chairman of any committee before whom the attendance of the witness is desired; and it is sufficient if:
1. It states whether the proceeding is before the assembly or senate or a
2. It is addressed to the witness;
3. It requires the attendance of such witness at a time and place certain;
4. It is signed by the president of the senate, speaker of the assembly, or
chairman of a committee.
Legislature may commit witness for contempt in case of a refusal to testify: Ex parte McCarthy, 29 Cal. 396; sec. 302, post.
301. Service of subpœnas.
SEC. 301. The subpoena may be served by any person who might be a witness in the matter, and his affidavit that he delivered a copy to the witness is evidence of service. [Amendment, approved March 30, 1874; Amendments 1873-4, 4; took effect July 6, 1874.]
Service of subpoena: See Code Civ. Proc., sec. 1987.
SEC. 302. If any witness neglects or refuses to obey such subpoena, or appearing, neglects or refuses to testify, the senate or assembly may, by resolution entered on the journal, commit him for contempt.
Contempt: See note to sec. 300, ante.
303. Compelling attendance.
SEC. 303. Any witness neglecting or refusing to attend in obedience to subpœna may be arrested by the sergeant-at-arms and brought before the senate or assembly. The only warrant or authority necessary to authorize such arrest is a copy of a resolution of the senate or assembly, signed by the president of the senate or speaker of the assembly, and countersigned by the secretary or clerk.
304. Witnesses not to be held to answer criminally-Refusal to testify.
SEC. 304. No person sworn and examined before either house of the legislature, or any committee thereof, can be held to answer criminally or be subject to any penalty or forfeiture for any fact or act touching which he is required to testify; nor is any statement made or paper produced by any such witness competent evidence in any criminal proceeding against such witness; nor can such witness refuse to testify to any fact or to produce any paper touching which he is examined, for the reason that his testimony or the production of such paper may tend to disgrace him or render him infamous. Nothing in this section exempts any witness from prosecution and punishment for perjury committed by him on such examination.
Section founded on Stats. 1857, 97.
mous: See Code Civ. Proc., sec. 2065, where a Answer disgracing or rendering infa- rule different from the above is laid down.
ENACTMENT OF STATUTES.
309. Bills received by governor to be indorsed by private secretary.
SEC. 309. Every bill must, as soon as delivered to the governor, be indorsed as follows: "This bill was received by the governor this day of, eighteen ———.” The indorsement must be signed by the private secretary of the governor.
Presentation of bill to governor: See ture cannot recall a bill sent to the governor, Const. Cal., art. 4, sec. 16. That the legisla- see Wolff v. McCall, 26 Alb. L. J. 369 (Va.). 310. Approval of bills.
SEC. 310. When the governor approves a bill he must set his name thereto, with the date of his approval, and deposit the same in the office of the secretary of state. If any bill presented to the governor contains several items of appropriation of money, he may object to one or more items while approving other portions of the bill. In such case he shall append to the bill, at the time of signing it, a statement of the items to which he objects, and the reasons therefor. If the legislature be in session, the governor shall transmit to the house in which the bill originated a copy of such statement, and the
items so objected to shall be separately reconsidered in the same manner as bills which have been disapproved by the governor. [Amendment, approved March 2, 1880; Amendments 1880, 3 (Ban ed. 13); took effect immediately.] Signing inadvertently: Sec. 312, post.
See Const. Cal., art. 4, sec. 16.
311. Bills returned without approval.
SEC. 311. When a bill has passed both houses of the legislature and is returned by the governor without his signature, and with objections thereto, or if it be a bill containing several items of appropriation of money, with objections to one or more items, and upon reconsideration, such bill, or item or items, pass both houses by the constitutional majority, the bill, or item or items, must be authenticated as having become a law by a certificate indorsed on or attached to the bill, or indorsed on or attached to the copy of the statement of objections, in the following form: "This bill having been returned by the governor with his objections thereto, and, after reconsideration, having passed both houses by the constitutional majority, has become a law this day of -;" or, "The following items in the within statement [naming them] having, after reconsideration, passed both houses by the constitutional majority, have become a law this day of › A. D. ————————;" which indorsement, signed by the president of the senate and the speaker of the assembly, is a sufficient authentication thereof. Such bill or statement must then be delivered to the governor, and by him must be deposited with the laws in the office of the secretary of state. [Amendment, approved March 2, 1880; Amendments 1880, 3 (Ban. ed. 13); took effect immediately.]
A. D. 3
Authentication and deposit of a bill passed over veto.-The duty of the governor with respect to a bill after it has received the constitutional vote is purely ministerial: Harpending v. Haight, 39 Cal. 189. "The functions of both the legislature in making the law, and of the executive in the exercise of the qualified veto power conferred upon him, must have been completely exhausted before the duty of authentication and deposit in the secretary of state's office can be asserted to have begun. The power to withhold the possession of a bill which has passed both houses of the legislature 312. Return, when house not in session.
SEC. 312. If, on the day the governor desires to return a bill without his approval, and with his objections thereto, to the house in which it originated, that house has adjourned for the day (but not for the session), he may deliver the bill with his message to the presiding officer, secretary, clerk, or any member of such house, and such delivery is as effectual as though returned in open session, if the governor, on the first day the house is again in session, by message notifies it of such delivery, and of the time when, and the person to whom, such delivery was made.
Return-The word is defined, and the object of the statutory provision in regard to returning to bill is considered, in Harpending v. Haight, 39 Cal. 189, a decision which, the commissioners state, "in a great measure suggested this section." The placing of the bill on the speaker's table by the secretary of state is a return thereof: Opinion of Justices, 45 N.
must be stated: Harpending v.
Signing a bill inadvertently.—Where the governor signed a bill through mistake, and sent it so signed to the house in which it originated, but immediately discovered the error, The bill, in order to effectuate a valid return, and dispatched a second messenger to recall must be put beyond the executive possession; the first, it will not be deemed either a signing it must be placed in the possession of the sen- or return, though the bill may have come into ate itself, and as a part of this return, where the hands of an officer of the legislature: Peo the bill is not signed, the objections thereto ple v. Hatch, 19 Ill. 283.
313. Bills remaining with governor more than ten days.
SEO. 313. Every bill which has passed both houses of the legislature, and has not been returned by the governor within ten days, thereby becoming a law, is authenticated by the governor causing the fact to be certified thereon by the secretary of state in the following form: "This bill having remained with the governor ten days (Sundays excepted), and the legislature being in session, it has become a law this day of "" A. D. —————————,” which certificate must be signed by the secretary of state, and deposited with the laws in his office.
Retaining a bill for ten days is tantamount to an approval, except where the legislature, by adjournment, prevents a return within that time. In such case, to make the measure have the vitality of a law, it must be signed within ten days after the adjournment and deposited with the secretary of state: Const. Cal., art. 4, sec. 16. In estimating this period of ten days, the day of the presentation of the bill to the governor must be excluded: Price v. Whitman, 8 Cal. 412; Iron Mt. Co. v. Haight, 39 Id. 540; People v. Hatch, 33 Ill. 9;
Opinion of Justices, 45 N. H. 607; and see note, ante, to section 12, on the computation of time. Sundays are to be excepted: Const. Cal., art. 4, sec. 16; Price v. Whitman, 8 Cal. 412. Should a question ever arise whether or not a certain bill became a law, and the material point be as to the time of its delivery to the governor for his action, the courts will have power to examine the governor on that point, and for that purpose may compel him to appear and testify: Thompson v. German Valley R. Co., 22 N. J. Eq. 111.
PROMULGATION OF STATUTES.
318. Publication and distribution of statutes.
SEC. 318. The publication and distribution of statutes is provided for in Chapter III., Title I., Part III., of this code.
Publication of statutes: See secs. 526-537, post. A proposition to so amend article 11, section 21, of the old constitution of California as to permit the legislature to publish the laws as
323. When statutes take effect.
they may direct, passed the legislature of 1872: Stats. 892, 893.
Distribution of statutes: See sec. 409, post.
SEO. 323. Every statute, unless a different time is prescribed therein, takes effect on the sixtieth day after its passage.
Stats. 1860, 16, and 1861, 77, furnish the original of this section. Where an act is not to take effect until a future day, before that time
324. When joint resolutions take effect.
arrives the legislature may alter its will and de clare that such act shall never go into opera tion: Goodwin v. Buckley, 54 Cal. 295.
SEO. 324. Every joint resolution, unless a different time is prescribed therein, takes effect from its passage.
Section founded on Stats. 1850, 51.
325. Effect of amendment.
SEC. 325. Where a section or part of a statute is amended, it is not to be considered as having been repealed and re-enacted in the amended form; but the portions which are not altered are to be considered as having been the law from the time when they were enacted, and the new provisions are to be considered as having been enacted at the time of the amendment.
This action was framed to meet the decision ent construction was given by the court to in Billings v. Harvey, 6 Cal. 381, where a differ- amendments.
326. Construction of statutes.
SEC. 326. The general rules for the construction of statutes are contained in the preliminary provisions of the different codes.
See ante, sec. 4, and note; and the "Preliminary Provisions," secs. 2-19, ante.