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Every act to embrace but one subject-Amending acts.
SECTION 24. Every act shall embrace but one subject, which subject shall be expressed in its title. But if any subject shall be embraced in an act which shall not be expressed in its title, such act shall be void only as to so much thereof as shall not be expressed in its title. No law shall be revised or amended by reference to its title ; but in such case the act revised or section amended shall be re-enacted and published at length as revised or amended; and all laws of the State of California, and all official writings, and the executive, legislative, and judicial proceedings, shall be conducted, preserved, and published in no other than the English language. [Const. Cal., Art. IV.]
Appropriation bills to contain but one item.
SEC. 34. No bill making an appropriation of money, except the general appropriation bill, shall contain more than one item of appropriation, and that for one single and certain purpose, to be therein expressed. [Const. Cal., Art IV.]
When statutes take effect.
SEC. 323. Every statute, unless a different time is pre.cribed therein, takes effect on the sixtieth day after its passage. Pol. Code.]
Vhen joint resolutions take effect.
SEC. 324. Every joint resolution, unless a different time is rescribed therein, takes effect from its passage. [Pol. Code.]
ffect of amendment. SEC. 325. Where a section or part of a statute is amended, is not to be considered as having been repealed and re-enacted i the amended form, but the portions which are not altered are
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. [Pol. Code.]
See 88 Cal. 530. Also monographic note by C. W.
Phillips in 60 L. R. A. 564.
SEC. 15. Words giving a joint authority to three or more public officers, or other persons, are construed as giving such authority to a majority of them, unless it is otherwise expressed in the act giving the authority. [Pol. Code. ]
The same section appears in the Penal Code as section 7, seventeenth subdivision.
Action of a quorum of the board of supervisors is action of such board, and action of a majority of the quorum though not constituting a majority of the board, is valid and binding: 63 Cal. 257.
The act giving authority to the board of prison director requires action by a majority of all directors whether present or not.
Also see 105 Cal. 621; 54 Cal. 289.
SEC. 7. Sixteenth-Words and phrases must be construed according to the context and the approved usage of the language but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, must be construed according to such peculiar and appropriate meaning [Pen. Code. ]
See, also, similar section 16 in Political Code. Statutes continued in force.
SEC. 23. Nothing in this code affects any of the provision of the following statutes, but such statutes are recognized a continuing in force, notwithstanding the provisions of the code except so far as they have been repealed or affected by subs quent laws:
Third-All acts for funding the state debt, or any par thereof, and for issuing state bonds, and acts amending or sup plementing such acts.
Seventh-All acts in relation to a branch state prison. [Per Code.]
A similar provision is found in section 19 of the Politic Code.
ew provisious are to be considere de time of the amendment [Pol
so monographic note by C. IT -64.
Jurisdiction of supreme court.
SEC. 4. The supreme court shall have appellate jurisdiction.
Each of the justices shall have the power to issue writs of habeas corpus to any part of the state, upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself, or the supreme court, or before any superior court in the state, or before any judge thereof. [Const. Cal., Art. VI.]
ty, how construed. oint authority to three or mor s, are construed as giring suc
unless it is otherwise expresse
[Pol. Code.) rs in the Penal Code as sectie e board of supervisors is actio
of a majority of the quoru majority of the board, is val co the board of prison directo rity of all directors wheth
Jurisdiction of superior courts.
Said courts, and their judges, shall have power to
habeas corpus, on petition by, or on behalf of any person in actual custody, in their respective counties. [Const. Cal., Art. VI.]
Privilege not to be suspended.
SEC. 5. The privilege of the writ of habeas corpus shall not be suspended unless when, in cases of rebellion or invasion, the public safety may require its suspension. [Const. Cal., Art. I. ]
See, also, Const. U. S., art. I, sec. 9.
ued as context.
phrases must be constru proved usage of the langual nd such others as may hs ce meaning in law, must r and appropriate meani
in Political Code.
Refusing to issue or obey writ of habeas corpus.
SEC. 362. Every officer or person to whom a writ of habeas corpus may be directed, who, after service thereof, neglects or refuses to obey the command thereof, is guilty of a misdemeanor.
[Pen. Code.] ects any of the provisii Damages for failure to issue or obey writ.
SEC. 1505. If any judge, after a proper application is made, he provisions of the coi refuses to grant an order for a writ of habeas corpus, or if the aled or affected by sul officer or person to whom such writ may be directed, refuses
obedience to the command thereof, he shall forfeit and pay to
See 79 Cal. 30.
As to proceedings on disobedience, see Pen. Code, sec. 1479.
statutes are recognized
tate debt, or any ! d acts amending or s
Reconfining persons discharged on habeas corpus.
SEC. 363. Every person who, either solely or as member of a court, knowingly and unlawfully recommits, imprisons, or
ction 19 of the Polit
restrains of his liberty for the same cause, any person who has been discharged upon a writ of habeas corpus, is guilty of a misdemeanor. [Pen. Code.] Concealing person entitled to benefit of habeas corpus.
SEC. 364. Every person having in his custody, or under his restraint or power, any person for whose relief a writ of habeas corpus has been issued, who, with the intent to elude the service of such writ, or to avoid the effect thereof, transfers such person to the custody of another, or places him under the power or control of another, or conceals, or changes the place of his confinement or restraint, or removes him without the jurisdiction of the court or judge issuing the writ, is guilty of a misde
Who may prosecute a writ.
Sec. 1473. Every person unlawfully imprisoned or restrained of his liberty, under any pretense whatever, may prosecute a. writ of habeas corpus to inquire into the cause of such imprisonment or restraint. [Pen. Code.]
State's prison convict is entitled to a hearing under writ of habeas corpus where allegations are to the effect that the board of prison directors has acted illegally in depriving petitioner of credits without preferment of charge, without notice and without proof: 136 Cal. 107.
If the circuit court of the United States makes an order refusing the application and an appeal is taken to the supreme court of the United States from such order, such appeal, while pending, stays the hands of the state authorities: 119 Cal. 54 and 119 Cal. 123.
Any person refused a writ of habeas corpus may pursue his remedy by such writ until he has exhausted the whole judicial power of the state: 2 Cal. 424; but see 28 Cal. 247. As to how applications are made, see Pen. Code,
sec. 1474. Writs of habeas corpus, by whom granted and before whom
returnable. SEC. 1475. The writ of habeas corpus may be granted in the manner provided by the constitution. If the writ has been granted by any court or a judge or justice thereof, and after the hearing thereof the prisoner has been remanded, he shall not be discharged from custody by the same or any other court of like general jurisdiction, or by a judge or justice of the same or any other court of like general jurisdiction, unless upon
PRISON LAWS OF CALIFORNIA.
same cause, any person who has I habeas corpus, is guilty of a
nefit of habeas corpus.
whose relief a writ of habeas the intent to elude the service thereof, transfers such person ces him under the power of changes the place of his conhim without the jurisdiction writ, is guilty of a misde
ally imprisoned or restrainei whatever, may prosecute : the cause of such imprisor
some ground not existing in fact at the issuing of the prior writ.
Should the prisoner desire to urge some point of law not raised in the petition for or at the hearing upon the return of the prior writ, then in case such prior writ had been returned or returnable before a superior court or a judge thereof, no writ can be issued upon a second or other application except by the appropriate district court of appeal or some justice thereof, or by the supreme court or some judge thereof, and in such an event such writ must not be made returnable before any superior court or any judge thereof.
In the event, however, that the prior writ was returned or made returnable before a district court of appeal or any justice thereof, no writ can be issued upon a second or other application except by the supreme court or some judge thereof, and such writ must be made returnable before said supreme court or some judge thereof.
Every application for a writ of habeas corpus must be verified, and shall state whether any prior application or applications have been made for a writ in regard to the same detention or restraint complained of in the application, and if any such prior application or applications have been made the later application must contain a brief statement of all proceedings had therein, or in any of them, to and including the final order or orders made therein, or in any of them, on appeal or otherwise.
Whenever the person applying for a writ of habeas corpus is held in custody or restraint by any officer of any court of this state or any political subdivision thereof or by any peace officer of this state or any political subdivision thereof, a copy of the application for such writ must in all cases be served upon the district attorney of the county wherein such person is held in custody or restraint at least twenty-four hours before the time at which said writ is made returnable and no application for such writ can be heard without proof of such service in cases where such service is required. [Pen. Code.]
Writs to be granted without delay, Pen. Code, sec. 1476. Writ of habeas corpus, what to contain.
Sec. 1477. The writ must be directed to the person having custody of or restraining the person on whose behalf the application is made, and must command him to have the body of such person before the court or judge before whom the writ is returnable, at a time and place therein specified. [Pen. Code.]
ed to a hearing under WII ions are to the effect tha has acted illegally in de nout preferment of charge
136 Cal. 107. ced States makes an orde
appeal is taken to th tes from such order, suc hands of the state author 23. abeas corpus may purse
has exhausted the who Cal. 424; but see 28 Ca e made,
see Pen. Cod
anted and before who
bus may be granted
If the writ has be e thereof, and after t remanded, he shall v
or any other court or justice of the sai isdiction, unless up