of SEC. 295. The judgment of the committee thus reported Judgment is final and conclusive. committee. ARTICLE VIII. ATTENDANCE AND EXAMINATION OF WITNESSES BEFORE THE LEGIS ISLATURE AND COMMITTEES THEREOF. SECTION 300. Subpoenas. 301. Service of subpoenas. 302. Contempt. 303. Compelling attendance. 304. Witnesses not to be held to answer criminally. Refu sal to testify. SEC. 300. A subpoena requiring the attendance of any Sul pœnas. 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. subpoenas. SEC. 301. The subpoena may be served by any person Service of who might be a witness in the matter, and his affidavit that he delivered a copy to the witness is evidence of service. SEC. 302. If any witness neglects or refuses to obey Contempt. such subpoena, or appearing, neglects or refuses to testify, the Senate or Assembly may, by resolution entered on the Journal, commit him for contempt. ling SEC. 303. Any witness neglecting or refusing to Compelattend in obedience to subpoena may be arrested by attendance the Sergeant-at-Arms and brought before the Senate or Witnesses not to be held to answer Refusal to testify. 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. SEC. 304. No person sworn and examined before either House of the Legislature or any committee. criminally. 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. Bills received by the Gover nor must be indorsed by his Private Secretary. Approval of bills. ARTICLE IX. ENACTMENT OF STATUTES. SECTION 309. Bills received by the Governor must be indorsed by his Private Secretary. 310. Approval of bills. 311. Bills returned without approval. 312. Return, when House not in session. 313. Bills remaining with the Governor more than ten days. 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. SEC. 310. When the Governor approves a bill he must set his name thereto, with the date of his approval. returned approval. SEC. 311. When a bill has passed both Houses of the Bills Legislature and is returned by the Governor without his without signature and with objections thereto, and upon a reconsideration passes both Houses by the constitutional majority, it must be authenticated as having become a law by a certificate indorsed thereon or attached thereto 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, it has become a law this day of —, A. D. ———————," which indorsement, signed by the President of the Senate and Speaker of the Assembly, is a sufficient authentication thereof. Such bill must then be delivered to the Governor and by him must be deposited with the laws in the office of the Secretary of State. Stats. 1852, p. 112. 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 an effectual return of the bill 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. Harpending vs. Haight, April Term, 1870. SEC. 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. Stats. 1852, p. 112. when Return in session. Bills with the more than remaining Governor ten days. Publication and distribu tion of statutes. ARTICLE X. PROMULGATION OF STATUTES. SECTION 318. Publication and distribution of statutes. SEC. 318. The publication and distribution of statutes is provided for in Article V, Chapter III, Title II, Part III, of this Code. ARTICLE XI. When statutes OPERATION OF STATUTES. SECTION 323. When statutes take effect. 324. When joint resolutions take effect. 325. Effect of amendment. 326. Construction of statutes. 327. Repeal of statutes. SEC. 323. Every statute, unless a different time is pre take effect. scribed therein, takes effect on the sixtieth day after its When joint resolutions take effect. Effect of amend ment. Construc tion of statutes. final passage.. Stats. 1860, p. 16; 1861, p. 77; N. Y. P. C., Sec. 59; 1 Cal., 406. SEC. 324. Every joint resolution, unless a different time is prescribed therein, takes effect from its final passage. Stats. 1850, p. 51. SEC. 325. Where a section or part of a statute is amended, it is not to be considered as having been repealed and reenacted 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. Ely vs. Holton, 15 N. Y. 595. SEC. 326. The general rules for the construction of statutes are contained in the preliminary provisions of the different Codes. NOTE.-At first the Commissioners intended to insert the sections relating to statutory construction in this place. Afterwards, in making the first draft of the 1. That each Code will, in a measure, be complete in 2. That each Code will be read in the light of the construction thus fixed. statutes. SEC. 327. Any statue may be repealed at any time, Repeal of except when it is otherwise provided therein. Persons. acting under any statute are deemed to have acted in contemplation of this power of repeal. ARTICLE XII. PUBLIC REPORTS. SECTION 332. When State officers, etc., are to report. 333. Reports, printing of. 334. Number to be printed. 335. Distribution of. 336. To be printed in English. All officers, Boards of Officers; Commissioners, Trustees, Regents, and Directors required by law to make reports to the Governor or Legislature, must send such reports to the Governor before the first day of August, in the year eighteen hundred and seventy-three, and in every second year thereafter. Stats. 1866, p. 784; 1870, p. 333. When cers, etc.. State offi are to report. printing of. SEC. 333. The State Printer must print such reports Reports, before the last Monday in November next after the receipt thereof. Stats. 1870, p. 359. SEC. 334. There must be printed: Of the report of the Secretary of State, twelve hundred copies; Number to be printed. |