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. History: Enacted March 12, 1872. § 295. JUDGMENT OF COMMITTEE. The judgment of the committee thus reported is final and conclusive. History: Enacted Refusal to decide.-Under constitutional provision that contested election for governor shall be determined by the two houses of legislature on joint ballot and statutes regulating mode of procedure, legislature has no authority to adopt report declaring that frauds perpetrated were of such nature as to render it impossible to separate legal March 12, 1872. from illegal votes for governor, and therefore impossible to determine whether contestor or contestee had been elected, and declaring that no person was elected governor. In re Senate Resolution (Colo. Mar. 13, 1905), 79 Pac. Rep. 1009. As to contest of election for governor, see brief in 14 L. R. A. 658. ARTICLE VIII. ATTENDANCE AND EXAMINATION OF WITNESSES BEFORE THE LEGISLATURE AND COMMITTEES THEREOF. $300. Subpoenas. §301. Service of subpoena. §302. Contempt. 303. Compelling attendance. § 304. Witnesses not to be held to answer criminally. Refusal to testify. § 300. SUBPOENAS. 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 committee; 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. History: Enacted March 12, 1872. § 301. SERVICE OF SUBPOENA. 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. History: Enacted March 12, 1872; amended March 30, 1874, Code Amdts. 1873-4, p. 4. §302. CONTEMPT. If any witness neglects or refuses to obey such subpœna, or appearing, neglects or refuses to testify, the senate or assembly may, by resolution entered on the journal, commit him for contempt. 1. Aid of counsel. History: Enacted March 12, 1872. 2. Refusal of witness to answer questions. 2. Refusal of witness to answer questions before a committee of senate and senate itself in relation to charges of bribery made by him against members of such body amounts to contempt, for which he may be punished by imprisonment. Ex parte McCarthy, 29 Cal. 395, 404; Ex parte Lawrence, 116 Cal. 298, 299, 48 Pac. Rep. 124, 80 Fed. Rep. 101, 102. -- §§ 303-310 (62) WITNESSES BEFORE LEGISLATURE-ENACTMENTS. [Pt. III. § 303. COMPELLING ATTENDANCE. Any witness neglecting or refusing to attend in obedience to subpoena 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. History: Enacted March 12, 1872. § 304. WITNESSES NOT TO BE HELD TO ANSWER CRIMINALLY. REFUSAL TO TESTIFY. 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. History: Enacted March 12, 1872, founded upon § 2 Act March 25, 1857, § 309. BILLS RECEIVED BY THE GOVERNOR MUST BE INDORSED BY HIS PRIVATE SECRETARY. 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 [nineteen] The indorsement must be signed by the private secretary of the governor. History: Enacted March 12, 1872. § 310. APPROVAL OF BILLS. 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. History: Enacted March 12, 1872; amended March 2, 1880, Code Amdts. 1880 (Pol. pt.), p. 3. As to approval of statute by executive, see monographic note 85 Am. Dec. 361. As to withdrawal of bill from governor, see note by H. P. Farnham, 14 L. R. A. 251. § 311. BILLS RETURNED WITHOUT APPROVAL. 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, A. D. ;" 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 presi dent 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. —, History: Enacted March 12, 1872; amended March 2, 1880, Code Amdts. 1880 (Pol. pt.), pp. 3, 4. As to power to veto part of statute, see monographic note by Irwin Taylor, 55 L. R. A. 882. As to return of bill by governor, see note by Robert Desty, 11 L R. A. 491. § 312. RETURN, WHEN HOUSE NOT IN SESSION. 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. History: Enacted March 12, 1872. pending vs. Haight, 39 Cal. 189, 198, 2 Am. Rep. 432. 3. RETURN, WHAT CONSTITUTES.Where, on return of bill by governor without his signature on last day allowed for his approval, senate was not in session, and bill was returned to governor and retained by him through next day, such bill thereby became law, return in such case meaning putting of bill entirely out of control of governor, and fact that senate was not in session did not release governor from his obligation to so return bill.-Harpending vs. Haight, 39 Cal. 189, 198, 2 Am. Rep. 432. § 313. BILLS REMAINING WITH THE GOVERNOR MORE THAN TEN DAYS. 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 §§ 318-323 (64) PROMULGATION AND OPERATION OF STATUTES. [Pt. III. governor ten days (Sundays excepted), and the legislature being in session, it has become a law this A. D. — " which certificate must day of be signed by the secretary of state and deposited with the laws in his office. History: Enacted March 12, 1872, founded upon §1 Act May 1, 1852, Stats. 1852, p. 112. 1. Day on which bill is presented is to be excluded. 2. Two Sundays occurring in ten days. As to computation of time in enactment of statute, see monographic note by F. H. Bowlby, 49 L. R. A. 243. 1. DAY ON WHICH BILL IS PRESENTED IS TO BE EXCLUDED in computation of ten days allowed to governor in which to approve it.-Price vs. Whitman, 8 Cal. 412, 415; Iron Mountain Co. vs. Haight, 39 Cal. 540, 541; Garnett vs. Bost, 39 Cal. 662. As to exclusion of first day in computation of time, see monographic note 78 Am. St. Rep. 372. 2. TWO SUNDAYS OCCURRING IN TEN DAYS after bill is presented to governor are both to be excluded in computing such ten days.-Price vs. Whitman, 8 Cal. 412, 415, overruling People vs. Whitman, 6 Cal. 659. As to exclusion of Sundays in computation of time, see monographic note 78 Am. St. Rep. 377. ARTICLE X. PROMULGATION OF STATUTES. 318. Publication and distribution of statutes. § 318. PUBLICATION AND DISTRIBUTION OF STATUTES. The publication and distribution of statutes is provided for in chapter three, title one, part three, of this code. Every statute, unless a differ ent time is prescribed therein, takes effect on the sixtieth day after its passage. History: Enacted March 12, 1872, founded upon §1 Act February 7, 1860, Stats. 1860, p. 16. 1. Applied, cited, construed, referred to. 2-4. Act not in terms prescribing when it should take effect. 5. Act to take effect from and after passage. 6,7. Law speaks from time it goes into effect. 8. Where act was amended by two separate acts. As to computation of time in taking effect of statute, see monographic note by F. H. Bowlby, 49 L. R. A. 243. As to time of taking effect of amendment, see post § 325 and note. As to time of taking effect of statute, see brief in 5 L. R. A. 115, 116. 1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: Santa Cruz W. Co. vs. Kron, 74 Cal. 222, 223, 15 Pac. Rep. 772 (applied); Southern Pacific Co. vs. City of Pomona, 144 Cal. 339, 344, 77 Pac. Rep. 929 (applied). 2. ACT NOT IN TERMS PRESCRIBING WHEN IT SHOULD TAKE EFFECT does not become law until sixtieth day thereafter, and hence an act passed March 9th did not become law until May 8th.-Santa Cruz W. Co. vs. Kron, 74 Cal. 222, 223, 15 Pac. Rep. 772. 4. Stats. 1883 (p. 6), amending this code, took effect sixty days after its passage.Southern Pacific Co. vs. City of Pomona, 144 Cal. 339, 344, 77 Pac. Rep. 929. 5. ACT TO TAKE EFFECT FROM AND AFTER PASSAGE, takes effect on moment of its approval by governor, and is not delayed until following day, nor is it in force during portion of day previous to such approval. People ex rel. Campbell vs. Clark, 1 Cal. 406, 407. See Kan. Coal Co. vs. Barber, 47 Kan. 29, 30, 27 Pac. Rep. 114. Minn. Parkinson vs. Brandenburg, 35 Minn. 294, 295, 59 Am. Rep. 326, 28 N. W. Rep. 919. Ohio. Arrowsmith vs. Hamering, 39 Ohio St. 573, 577. Oreg. Biggs vs. McBride, 17 Oreg. 640, 646, 21 Pac. Rep. 878, 5 L. R. A. 115. As to what is time of passage of statute, see note by B. A. Rich, 15 L. R. A. 243. § 324. WHEN JOINT RESOLUTIONS TAKE EFFECT. Every joint resolution, unless a different time is prescribed therein, takes effect from its passage. History: Enacted March 12, 1872; re-enactment of § 1 Act January 24, 1850, Stats. 1850, p. 51. § 325. EFFECT OF AMENDMENT. 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. History: Enacted 1. Applied, cited, construed, referred to. 2. Construed not to apply to repealing provisions in amending act. 3. Same-Was enacted to meet decision in Billings vs. Harvey. 4. Amendment reciting as to each sec- 5, 6. Amendment repeating language of 11, 12. Amendment, when operates. 13. Irreconcilable conflict between amendment and portion of old statute republished. 14, 15. Limitation of operation of amend ment. 16. Provisions of section as originally enacted are obliterated. 17, 18. Subsequent modification of provisions adopted in statute. 19. Same-Repeal of statute adopted. 1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: Dillon vs. Saloude, 68 Cal. 267, 271, 9 Pac. Rep. 110 (applied); Fletcher vs. Prather. 102 Cal 413, 419, 420, 36 Pac. Rep. 658 (construed and applied); Banks vs. Yolo County, 104 Cal. 258, 259, 37 Pac. Rep. 900 (applied); Swamp Land Pol. C.-5. March 12, 1872. District vs. Glide, 112 Cal. 85, 90, 44 Pac. Rep. 451 (applied); Hellman vs. Shoulters, 114 Cal. 136, 154, 44 Pac. Rep. 915, 45 Id. 1057 (applied); Santa Cruz Rock Pavement Co. vs. Lyons, 133 Cal. 114, 116, 65 Pac. Rep. 329 (applied); County of San Diego VS. Schwartz, 145 Cal. 49, 51, 78 Pac. Rep. 231 (construed and applied). As to amendment of unconstitutional statute, see monographic note by C. W. Phillips, 60 L. R. A. 564. As to amendment of statute, see note 85 Am. Dec. 362. As to effect of an amendment on statute, see monographic note by Robert Desty, 4 L. R. A. 308. As to effect of re-enactment of general provisions on exceptions to such provisions, see note 15 Am. Dec. 157. 2. CONSTRUED NOT TO APPLY TO REPEALING PROVISIONS IN AMENDING ACT, though such provisions were also contained in original act and its subsequent amendments. Hence an act passed prior to last amendment inconsistent with general act is repealed by amendment of such original act, though body of such act is but enactment. County of San Diego VS. Schwartz, 145 Cal. 49, 51, 78 Pac. Rep. 231. 3. Was enacted to meet decision in Billings vs. Harvey, 6 Cal. 381, 383, holding that enactment creates a new rule of action, re |