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PART III.

OF THE GOVERNMENT OF THE STATE.

Title I. Public Officers, §§ 220-1032.

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VI.

VII.

VIII.

IX.

Public Ways, §§ 2348-2938.

General Police of the State, §§ 2949-3387.
Property of the State, §§ 3395-3597.

Revenue of the State, §§ 3607-3900.

TITLE I

PUBLIC OFFICERS.

Classification of Public Officers, § 220.

Legislative Officers, §§ 225-337.

Chapter I.

II.

III.

Executive Officers, §§ 341-715.

IV.

Judicial Officers, § 726.

V. Salaries of Judicial Officers, §§ 736-739.

VI.

Ministerial and other Officers Connected with
the Courts, §§ 749-831.

VII. General Provisions Relative to Different
Classes of Officers, §§ 841-1032.

CHAPTER I.

CLASSIFICATION OF PUBLIC OFFICERS.

§ 220. Classification of public officers.

$220. Classification of public officers. The public officers of this state are classified as follows:

1. Legislative;

2. Executive;

3. Judicial;

4. Ministerial officers and officers of the courts;

But this classification is not to be construed as defining the legal powers of either class. En. March 12, 1872.

Subd. 1. Legislative officers: Post, secs. 225-304.
Executive officers: Post, secs. 341-715.
Judicial officers: Post, secs. 726-739.
Ministerial officers: Post, secs. 749-817.

Subd. 2.

Subd. 3.
Subd. 4.

CHAPTER II.

LEGISLATIVE OFFICERS.

Article I. Number, Designation, Term of Office, and Election of Members, §§ 225-230.

II.
III.

Meeting and Organization of the Legislature, §§235-240. Number, Designation, Election and Appointment of Officers and Employees of the Legislature, §§ 245-250. IV. Powers and Duties of Officers and Employees of the Legislature, §§ 252-261.

V.

VI.

VII.

VIII.

IX.

X.

XI.
XII.

Compensation of Members, Officers, and Employees of the Legislature, §§ 266-269.

Contesting Elections for Members of the Legislature, §§ 273-283.

Contesting Elections for Governor or Lieutenant Gov-
ernor, §§ 288-295.

Attendance and Examination of Witnesses before the
Legislature and Committees thereof, §§ 300-304.

Enactment of Statutes, §§ 309-313.

Promulgation of Statutes, § 318.

Operation of Statutes, §§ 323-330.

Public Reports, §§ 332-337.

ARTICLE I.

NUMBER, DESIGNATION, TERM OF OFFICE, AND ELECTION OF MEMBERS OF THE LEGISLATURE.

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§ 229.

230.

Election of senators.

Election of members of the assembly.

Apportionment of members of the assembly.

$ 225. Number and designation.

sists of:

1. Forty senators; and,

The legislature con

2. Eighty members of the assembly. En. March 12, 1872. Legislature of the state of California, legislative power vested in: Const. Cal., art. IV, sec. 1. Number of members: Const. Cal., art. IV, sec. 5.

$226. Term of office. The term of office of a senator is four years; of a member of the assembly, two years. En. March 12, 1872.

Term of office of members of legislature: Const. Cal., art. IV., secs. 3-5.

$$ 227-230. Election of senators. Election of members of the assembly. Apportionment of members of the assembly. Sections 227 to 230, inclusive, En. March 12, 1872, are superseded by sections 30-32 of act of March 16, 1874, (Amendments 1873-4, p. 366,) defining senatorial and assembly districts. This act has been in turn superseded by later acts. The last act defining legislative districts is the act of March 21, 1901, Stats. 1901, p. 535.

ARTICLE II.

MEETING AND ORGANIZATION OF THE LEGISLATURE.

235. § 236.

§ 237.

§ 238.

§ 239.

$ 240.

Time and place of meeting.

Certificate of election, evidence of right to seat.
Officers who hold until successors are elected.

Senate, organization of.

Assembly, organization of.

Oath to be entered on journals.

§ 235. Time and place of meeting. The legislature shall assemble at the seat of government at twelve o'clock M. on the first Monday after the first day of January, eighteen hundred and eighty-one, and on the first Monday after the first day of January every two years thereafter. March 12, 1872. Am'd. 1880, 48.

En.

Sessions of the legislature: Const. Cal., art. IV., sec. 2.

$236. Certificate of election, evidence of right to seat. The certificate of election is prima facie evidence of the right to membership. En. March 12, 1872. Am'd. 1873-4, 3. Qualifications of members, each house the judge of: Const. Cal., art. IV, sec. 7.

Contesting elections, for members of the legislature: Post, secs. 273-283.

8237. Officers who hold until successors are elected. The secretary of the senate, and the clerk of the assembly, the minute clerks, and sergeant-at-arms of each house, for any session, must, at the next succeeding session of the body, perform the duties of their offices, until their sucSaid officers, and no cessors are elected and qualified. others, shall be allowed mileage. The secretary of the senate may appoint a postmaster, three gatekeepers, and three pages. The chief clerk of the assembly may appoint The a postmaster, three gatekeepers, and three pages. sergeant-at-arms of the senate and of the assembly may

each appoint an assistant sergeant-at-arms. There shall be no other officers or employees of either house until the permanent organization is completed. Such officers shall serve only until said permanent organization is completed. En. March 12, 1872. Am'd. 1897, 24.

§ 238. Senate, organization of. At the hour of twelve o'clock M. on the day appointed for the meeting of any regular session of the legislature, the president of the senate, or in case of his absence or inability, then the senior member present, must take the chair, call the members and members-elect to order, and then cause the secretary to call over the senatorial districts, in their order, from which members have been elected at the preceding election, and as the same are called the members-elect must present their certificates, take the constitutional oath of office, and assume their seats. The senate may thereupon, if a quorum is present, proceed to elect its officers. En. March 12, 1872.

Oath: As to the form of the oath, see Const. Cal., art. XX, sec. 3; and with regard to the time when members of the legislature may take the oath, see post, sec. 906. Quorum:

See Const. Cal., art. IV, sec. 8.

$239. Assembly, organization of. At the time specified in section two hundred and thirty eight the clerk of the assembly, or in case of his absence or inability, then the senior member-elect present, must take the chair, call the members-elect to order, and then call over the roll of counties in alphabetical order; and as the same are called the members elect must present their certificates, take the constitutional oath of office, and assume their seats. The assembly may thereupon, if a quorum is present, proceed to elect its officers. En. March 12, 1872.

$ 240. Oath to be entered on journals. An entry of the oath taken by members of the legislature must be made on the journals of the proper house. En. March 12, 1872. Cal.Rep.Cit. 80, 213.

Journal kept by each house: 10; post, sec. 256.

Const. Cal., art. IV, sec.

ARTICLE III.

NUMBER, DESIGNATION, ELECTION AND APPOINTMENT OF OFFICERS AND EMPLOYEES OF THE LEGISLATURE.

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$ 245. Officers of the senate. The officers and employees of the senate shall consist of a president, a president pro tem., a secretary, three assistant secretaries (who shall be appointed by the secretary, by and with the advice and consent of the senate), one assistant at the desk, one sergeant-at-arms, one assistant sergeant-at-arms, one assistant sergeant-at-arms for the finance committee, one assistant sergeant-at-arms for the judiciary committee, one assistant sergeant-at-arms to be assigned by the sergeant-at-arms to any committee requiring the same, one bookkeeper for the sergeant-at-arms (who shall be appointed by the sergeant-at-arms, by and with the advice and consent of the senate), one minute clerk, three assistant minute clerks, one journal clerk, two assistant journal clerks, one engrossing and enrolling clerk, three assistant engrossing and enrolling clerks, two assistant engrossing and enrolling clerks (said two to be elected on the thirtieth day of the session), one history clerk, one assistant history clerk, three bill filers, four bill clerks, a chaplain, one postmaster, one assistant postmaster, two mail carriers (who shall be mailing and folding clerks), one page to the president of the senate, four pages, three gatekeepers, one doorkeeper, one gallery doorkeeper, two messengers to state printer, one cloakroom clerk, five skilled stenographers (who shall be typewriters, and who shall be at the service of the senate, its members and committees, and under the supervision of the secretary of the senate), one stenographer for the finance committee, one stenographer for the judiciary committee, six porters, one rear porter, three watchmen, one janitress for ladies' cloakroom, two press mailing clerks; and only such other officers or employees as the senate by a three-fifths vote of all the members-elect shall deem necessary. Any officer or employees appointed or elected under the provisions of

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