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GENERAL PROVISIONS.

A. CONCERNING LEGISLATION.

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 precribed 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 Where a section or part of a statute is amended, is not to be considered as having been repealed and re-enacted 1 the amended form, but the portions which are not altered are 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 as having been enacted at the time of the ame Code.]

See 88 Cal. 530. Also monographic nPhillips in 60 L. R. A. 564.

Words expressing joint authority, how construed SEC. 15. Words giving a joint authority to public officers, or other persons, are construed authority to a majority of them, unless it is othe in the act giving the authority. [Pol. Code.]

The same section appears in the Penal 7, seventeenth subdivision.

Action of a quorum of the board of super of such board, and action of a majority though not constituting a majority of the and binding: 63 Cal. 257.

The act giving authority to the board of requires action by a majority of all dir present or not.

Also see 105 Cal. 621; 54 Cal. 289.

Words and phrases must be construed as context SEC. 7. Sixteenth-Words and phrases mus according to the context and the approved usage o but technical words and phrases, and such other acquired a peculiar and appropriate meaning in construed according to such peculiar and appro [Pen. Code.]

See, also, similar section 16 in Political Statutes continued in force.

SEC. 23. Nothing in this code affects any of of the following statutes, but such statutes ar continuing in force, notwithstanding the provisio except so far as they have been repealed or aff quent laws:

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Third-All acts for funding the state debt thereof, and for issuing state bonds, and acts ar plementing such acts.

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Seventh-All acts in relation to a branch state

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B. RELATING TO HABEAS CORPUS.

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.]

Jurisdiction of superior courts.

SEC. 5. The superior courts shall have original jurisdiction. * * * Said courts, and their judges, shall have power to issue writs of * * * 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.

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.]

Damages for failure to issue or obey writ.

SEC. 1505. If any judge, after a proper application is made, refuses to grant an order for a writ of habeas corpus, or if the officer or person to whom such writ may be directed, refuses obedience to the command thereof, he shall forfeit and pay to the person aggrieved a sum not exceeding five thousand dollars, to be recovered by action in any court of competent jurisdiction. [Pen. Code.]

See 79 Cal. 30.

As to proceedings on disobedience, see Pen. Code, sec. 1479.

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

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restrains of his liberty for the same cause, any been discharged upon a writ of habeas corpus, misdemeanor. [Pen. Code.]

Concealing person entitled to benefit of habeas o

SEC. 364. Every person having in his custody restraint or power, any person for whose relief a corpus has been issued, who, with the intent to el of such writ, or to avoid the effect thereof, transf to the custody of another, or places him under control of another, or conceals, or changes the pl finement or restraint, or removes him without t of the court or judge issuing the writ, is guilt meanor. [Pen. Code.]

Who may prosecute a writ.

SEC. 1473. Every person unlawfully imprisone of his liberty, under any pretense whatever, ma writ of habeas corpus to inquire into the cause of ment or restraint. [Pen. Code.]

State's prison convict is entitled to a hear of habeas corpus where allegations are to the board of prison directors has acted i priving petitioner of credits without preferm without notice and without proof: 136 Cal.

If the circuit court of the United States n refusing the application and an appeal is supreme court of the United States from su appeal, while pending, stays the hands of the ities: 119 Cal. 54 and 119 Cal. 123.

Any person refused a writ of habeas corp his remedy by such writ until he has exhau judicial power of the state: 247. 2 Cal. 424; b As to how applications are made, s sec. 1474.

Writs of habeas corpus, by whom granted and

returnable.

SEC. 1475. The writ of habeas corpus may the manner provided by the constitution. If the granted by any court or a judge or justice thereof, hearing thereof the prisoner has been remanded, be discharged from custody by the same or any like general jurisdiction, or by a judge or justice or any other court of like general jurisdiction,

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.]

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