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§ 258. Duties of copying clerks. [Repealed 1876; Code Amdts. 187576, p. 9.]

Legislation § 258. 1. Enacted March 12, 1872; based on Stats. 1861, p. 593, § 4. 2. Repealed by Code Amdts. 1875–76, p. 9.

§ 259. Duties of sergeants-at-arms. The sergeant-at-arms of the senate, and the sergeant-at-arms of the assembly, must give a general supervision, under the direction of their presiding officers, to the senate and assembly chambers, with the rooms attached; attend during the sittings of their respective bodies, execute their commands and all process issued by their authority; keep an account for pay and mileage of members, and prepare checks for the same.

Pay and mileage of members: Post, $ 266.

Legislation $ 259. Enacted March 12, 1872; based on Stats. 1861, p. 593, $ 4.

§ 260. Duties of assistant sergeants-at-arms. The assistant sergeantat-arms of each house must perform the duties of doorkeeper, prohibit all persons, except members, officers, and employees, and such other persons as may have the privilege of the floor assigned them by the rules of each house, from entering within the bar of the house, unless upon invitation, and keep order in the halls and lobbies.

Doorkeeper. Open doors: Const., art. IV, § 13.

Legislation § 260. Enacted March 12, 1872; based on Stats. 1861, P. 593, § 4.

§ 261. Duties of officers at close of session. The secretary and assistant secretaries of the senate, and chief clerk and assistant clerks of the assembly, at the close of each session of the legislature, must mark, label, and arrange all bills and papers belonging to the archives of their respective houses, and deliver them, together with all the books of both houses, to the secretary of state, who must certify to the reception of the same.

Duties of assistant secretaries and clerks: See ante, $ 254.

Legislation § 261. Enacted March 12, 1872; based on Stats. 1861, p. 593, $ 5.

ARTICLE V. Compensation of Members, Officers, and Employees of the Legislature. § 266. ('ompensation of members for regular sessions. Special sessions.

Mileage. § 267. Per diem and mileage of speaker of assembly. $ 268. Salaries of senate employees. Salaries of assembly employees. $ 269. Compensation for services after close of session.

§ 266. Compensation of members for regular sessions. Special sessions. Mileage. Members of the legislature shall receive the sum of one thousand dollars as compensation for services during each regular session, payable as follows: Ten dollars per day payable weekly during such regular session until one thousand dollars is paid. In the event of final adjourn. ment before the said one thousand dollars is paid, then the balance shall be immediately payable. For each special or extraordinary session they shall receive ten dollars per day for a term not exceeding thirty days,

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parable weekly. Members shall receive for each regular, special or ex. traordinary session ten cents per mile for each mile of travel to and from their residences and the place of holding the session. (Amendment approved 1909; Stats. 1909, p. 1.)

Section conforms to constitution: Const. 1879, art. IV, $ 23.

Legislation § 266. 1. Enacted March 12, 1872; based on Stats, 1856, p. 224, $ 3, as amended by Stats. 1864, p. 464, § 1. 2. Amended by Code Amdts. 1877-78, p. 5. 3. By Code Amdts. 1880, p. 48. 4. By Stats. 1907, p. 817. 5. By Stats. 1909, p 1. § 267. Per diem and mileage of speaker of assembly. The speaker of the assembly shall receive the sum of ten dollars per diem during the session of the legislature, and the same mileage and sum for contingent expenses as members of the legislature. (Amendment approved 1880; Code Amdts. 1880, p. 87.]

Legislation & 267. 1. Enacted March 12, 1872; based on Stats. 1856, p. 221,8 2. 2. Amended by Code Amdts. 1877-78, p. 5. 3. By Code Amdts. 1880, p. 87. $268. Salaries of senate employees. Salaries of assembly employees. There shall be paid to the officers and employees of the senate the following salaries: To the secretary, ten dollars per day; to the sergeant-atarins, eight dollars per day; to one assistant secretary who shall be clerk of the committee on printing, and to the minute clerk, who shall also be clerk of the committee on rules, each, nine dollars per day; to the assistant secretaries, assistant minute clerks, journal clerk, engrossing and enrolling clerk, file clerk and history clerk, each seven dollars per day; to the assistant sergeants-at-arms, bookkeeper to sergeant-at-arms, assistant journal clerks, assistant engrossing and enrolling clerks, assistant history clerk and assistant at desk, each five dollars per day; to the ehaplain, four dollars per day; to one stenographer who shall be known as the chief stenographer, six dollars per day; to the other stenographers, earh five dollars per day; to the committee clerks, each four dollars per day, excepting the one clerk of the judiciary committee and one clerk of the finance committee, shall receive each six dollars per day; postmaster

, assistant postmaster, cloakroom clerk, and press mailing clerks, each four dollars per day; to the mail carriers, gatekeepers, doorkeepers, each, three dollars per day; to each page two dollars and fifty cents There shall be paid to the officers and employees of the assembly the following salaries: To the clerk, ten dollars per day; to the sergeant-atarms, eight dollars per day; to one assistant clerk, who shall be clerk of the committee on public printing, and to the minute clerk, who shall also be clerk of the committee on rules, each, nine dollars per day; to the assistant clerks, assistant minute clerks, journal clerk, engrossing and enrolling clerk,' file clerk and history clerk, each seven dollars per dar ; to the assistant sergeant-at-arms, bookkeeper to sergeant-at-arms,

to the ing and enrolling clerks, each five dollars per day; to one stenographer

sergeant-at-arms, assistant journal clerks, assistant engrosswho shall be known as the chief stenographer, six dollars per day; to the other stenographers, each five dollars per day; to the committee clerks, each four dollars per day, except that one clerk of the ways and means

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committee and one clerk of the judiciary committee shall each receive six dollars per day; chaplain, postmaster and assistant postmaster, each four dollars per day; to the mail carrier, gatekeepers and doorkeepers, janitress to the ladies' cloakroom, each three dollars per day; to each page, two dollars and fifty cents per day. [Amendment approved 1915; Stats. 1915, p. 825.]

Legislation & 268. 1. Enacted March 12, 1872; based on Stats. 1861, p. 592, § 3. 2. Amended by ('ode Amdts. 1875–76, p. 9. 3. By Stats. 1891, p. 2. 4. By Stats. 1897, p. 25. 5. By Stats. 1899, p. 3. 6. By Stats. 1909, p. 971. 7. By Stats. 1915, 825.

§ 269. Compensation for services after close of session. For services performed under the provisions of section two hundred and sixty-one of this code, each of the officers therein named receive a compensation of fifty dollars.

Legislation § 269. Enacted March 12, 1872.

ARTICLE VI. Contesting Elections for Members of the Legislature. § 273. Who may contest. $ 274. Statement of cause of contest to be filed. $ 275. Commission to take testimony. $ 276. Notice to person interested, by whom served. $ 277. Compelling attendance of witnesses. $ 278. Testimony, how taken. § 279. Vacancy in commission, how filled. § 280. Fees of officers. § 281. Testimony to be transmitted to secretary of state. Duties of sec

retary. $ 282. Depositions. $ 283. Further evidence may be taken.

§ 273. Who may contest. The right of any person declared elected to a seat in the senate or assembly may be contested by any qualified voter of the county or district to be represented by such senator or assembly.

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Qualified voter: Post, $$ 1083, 1081.

Legislation § 273. Enacted March 12, 1872; based on Stats. 1850, p. 108, $ 75.

$ 274. Statement of cause of contest to be filed. The person contesting such election must, within twenty days after the certificate of election is issued, file with the clerk of the county, or one of the counties in which the alleged cause of contest originated, a statement of the grounds of contest, verified by his oath. [Amendment approved 1874; Code Amdts. 1873–74, p. 4.]

Grounds of contest, verified statement of: Compare Code Civ. Proc., 88 1115-1117.

Legislation § 274. 1. Enacted March 12, 1872; based on Stats. 1850, p. 108, $ 76, as amended by Stats. 1851, p. 183, § 11. 2. Amended by Code Amdts. 1873–74, p. 4.

$ 275. Commission to take testimony. On the filing of such statement the clerk must issue a commission, directed to two justices of the peace

of this county, to meet at a time and place specified in the commission,
not less than twenty nor more than thirty days from the date thereof, for
the purpose of taking the depositions of such witnesses as the parties to
the contest may wish to examine.

Depositions generally: See Code Civ. Proc., $$ 2019-2038.
Depositions of witnesses: See post, $ 278.

Legislation & 275. Enacted March 12, 1872; based on Stats. 1850,
p. 109, $ 77.

$ 276. Notice to person interested, by whom served. Written notice of such contest, specifying the time and place of taking depositions, and a copy of the statement, certified by the clerk, must be delivered to the person whose election is contested, or if he cannot be found, left at the boase where he last resided, by the sheriff of the county in which such person claims his residence, within ten days after such statement is filed.

Notice of contest: Compare Code Civ. Proc., § 1119.

Legislation $ 276. Enacted March 12, 1872; based on Stats. 1850, p. 109, $ 78.

$ 277. Compelling attendance of witnesses. Either of the justices of the peace (shall] have power to issue subpanas for witnesses, at the request of either party, to be served by the sheriff as other subpænas; and such justices, when met at the time and place appointed to take such depositions, have the same power to issue attachments and assess fines against witnesses as is given to justices of the peace in the trials of civil actions.

"Either of the justices”: Ante, $ 275.

Issuance of subpoenas from justices' courts: See Code Civ. Proc.,
§ 919.

Other subpoenas: See Code Civ. Proc., $$ 1985-1990.
Contempts in justices' courts: See Code Civ. Proc., $$ 906–910.

Legislation § 277. Enacteil March 12, 1872; based on Stats. 1850,
p. 109, $ 80.

$ 278. Testimony, how taken. The justices must meet at the time and place appointed, and take the depositions of witnesses produced by the parties, and may continue the examination from day to day, if necessary. When the examination is closed, they must seal up the depositions taken before them, together with the commission, and transmit the same by tail or express to the clerk with whom the statement was filed.

Depositions of witnesses: See ante, $ 275.

Legislation 8 278. Enacted March 12, 1872; based on Stats. 1850, p. 109, $$ 81, 82.

$ 279. Vacancy in commission, how filled. If at any time either of the justices is unable to proceed in such examination the clerk may supply the vacancy by designating any other justice of the peace of the county.

Legislation & 279. Enacted March 12, 1872; based on Stats. 1850, p. 109, $ 83.

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$280. Fees of officers. Officers performing services in a contested
election case may charge and collect from the party at whose instance

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such services were performed the same fees as are allowed them for similar services in civil cases.

Legislation § 280. Enacted March 12, 1872; based on Stats. 1850, p. 109, $ 84.

§ 281. Testimony to be transmitted to secretary of state. Duties of secretary The clerk must seal up the depositions, the original statement, the copy of the notice served upon the party whose right is contested, and the commission issued to the justices of the peace, and transmit the same by mail to the secretary of state, indorsing thereon the names of the contesting parties and the branch of the legislature before which such contest is to be tried. The secretary of state must deliver the same, unopened, to the presiding officer of the house in which such contest is to be tried, on or before the second day of the session of the legislature next after taking such depositions, and such presiding officer must immediately give notice to the house that such papers are in his possession.

Seal and transmit the depositions: Compare Code Civ. Proc., g 2032.

Legislation § 281. Enacted March 12, 1872; based on Stats. 1850, p. 109, $$ 85, 86.

§ 282. Depositions. At any time after notice of contest has been given, and before the trial thereof before the proper branch of the legislature, either party may take depositions, to be read on the trial, in like manner and under the same rules as are allowed and required in the cases of depositions to be read on the trial of civil actions; and such depositions, when taken, must be sealed up by the officer taking the same, and directed to the secretary of state, who must keep the same, unopened, and deliver them to the presiding officer of the house in which the contest is to be tried.

Depositions in civil actions, manner of taking: Code Civ. Proc., 88 2031--2038.

Legislation & 282. Enacted March 12, 1872; based on Stats. 1850, p. 109, $ 88.

§ 283. Further evidence may be taken. The house before which the contest is pending may take such other evidence in the case as it deems material.

Legislation § 283. Enacted March 12, 1872.

ARTICLE VII. Contesting the Election for Governor or Lieutenant-Governor. 8 288. Who may contest. [Repealed.] $ 299. Grounds of contest to be stated in petition. [Repealed.) $ 290. Notice to respondent. [Repealed. ] 8 291. Notice to the houses. (Repealed.]

) 8 292. Trial committee, how chosen. [Repealed.] 8 293. Notice of choice. (Repealed.] § 294. Powers of committee. (Repealed.)

$ 295. Judgment of committee. [Repealed.] § 288. Who may contest. [Repealed 1907; Stats. 1907, p. 562. ]

Elector of the state, qualifications of: Post, $$ 1083, 1081.

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