§ 309.

§ 310.

§ 311. $312.

§ 313.

ARTICLE IX.

ENACTMENT OF STATUTES.

Bills received by the governor must be indorsed by his private secretary.

Approval of bills.

Bills returned without approval.

Return, when house not in session.

Bills remaining with the governor more than ten days.

§ 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 85 A. D. 361.
As to withdrawal of bill from governor, see 14 L. 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 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.

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 55 L. 882.
As to return of bill by governor, see 11 L. 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.

See Kerr's Cyc. Pol. C. for 3 pars. annotation.

§ 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 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. History: Enacted March 12, 1872, founded upon §1 Act May 1, 1852, Stats. 1852, p. 112.

See Kerr's Cyc. Pol. C. for 2 pars. annotation.

As to computation of time in enactment of statute, see 49 L. 243.

As to exclusion of first day in computation of time, see 78 A. S. 372.

As to exclusion of Sundays in computation of time, see 78 A. S. 377.

$318.

ARTICLE X.

PROMULGATION OF STATUTES.

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. History: Enacted March 12, 1872.

ARTICLE XI.

OPERATION OF STATUTES.

§ 323.

§ 324. $325.

§ 326. $327.

§ 328.

§ 329.

$ 330.

When statutes take effect.

When joint resolutions take effect.
Effect of amendment.

Construction of statutes.

Repeal of statutes.

Act repealed not revived by repeal of repealing act.
Repeal of laws creating criminal offenses, effect of.
Amendatory act, when void.

§ 323. WHEN STATUTES TAKE EFFECT. Every statute, unless a different 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.

See Kerr's Cyc. Pol. C. for 8 pars, annotation.

74 C. 222, 223, 15 P. 772 (applied); 144 C. 339, 344, 77 P. 929 (applied); 148 C. 69, 71, 82 P. 674 (applied to act containing no emergency clause); 148 C. 262, 263, 82 P. 956, 113 A. R. 236, 2 L. N. S. 813, 7 A. C. 477 (applied-act of March 20, prescribing no time when it takes, does not take effect until May 19, following); 99 P. 975, 976 (cited as to enactments providing for a new method of appeal).

As to computation of time in taking effect of statute, see 49 L. 243.

As to time of taking effect of amendment, see Kerr's Cyc. Pol. C. § 325 and note.

As to time of taking effect of statute, see brief 5 L. 115, 116. As to what is time of passage of statute, see 15 L. 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.

See Kerr's Cyc. Pol. C. for 19 pars. annotation.

68 C. 267, 271, 9 P. 162, 164 (applied); 28 P. 816, 823 (applied to law respecting execution of one sentenced to be hanged); 102 C. 413, 419, 420, 36 P. 658 (construed and applied); 104 C. 258. 259, 37 P. 900 (applied); 112 C. 85, 90, 44 P. 451 (applied); 114 C. 136, 154, 44 P. 915, 45 P. 1057 (applied); 133 C. 114, 116, 65 P. 329 (applied); 145 C. 49, 51, 78 P. 231 (construed and applied); 148 C. 741, 742, 743, 83 P. 1074 (applied to act permitting deposit of money in lieu of bond on appeal as security for costs); 153 C. 225, 229, 94 P. 1053 (applied to provisions of former law respecting payment and collection of succession taxes).

As to amendment of statute, see 85 A. D. 362.

As to amendment of unconstitutional statute, see 60 L. 564. As to effect of an amendment on statute, see 4 L. 308.

As to effect of re-enactment of general provisions on exceptions of such provisions, see 15 A. D. 157.

§ 326. CONSTRUCTION OF STATUTES. The general rules for the construction of statutes are contained in the preliminary provisions of the different codes.

History: Enacted March 12, 1872.

93 C. 427, 439 (erroneously cited for § 329), 26 P. 597, 28 P. 816, 29 P. 61, 63 (correct citation); 139 C. 690, 692, 73 P. 666 (cited).

§ 327. REPEAL OF STATUTES. 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.

History: Enacted March 12, 1872.

See Kerr's Cyc. Pol. C. for 7 pars. annotation.

§ 328. ACT REPEALED NOT REVIVED BY REPEAL OF REPEALING ACT. No act or part of an act, repealed by another act of the legislature, is revived by the repeal of