Legislation § 288. 1. Enacted March 12, 1872; based on Stats. 1850, p. 109, § 90. 2. Repealed by Stats. 1907, p. 562; the code commissioner saying in his note to §§ 288-295, "Repealed, because inconsistent with article V, § 4, of the constitution. If there is any mode of contesting the election, it must be by proceedings in the nature of quo warranto. (See State v. Sadler, 25 Nev. 131.)"

§ 289. Grounds of contest to be stated in petition. [Repealed 1907; Stats. 1907, p. 562.]

Legislation § 289. 1. Enacted March 12, 1872; based on Stats. 1850, p. 110, § 91. 2. Repealed by Stats. 1907, p. 562. See supra, Legislation § 288, for code commissioner's note.

§ 290. Notice to respondent.

[Repealed 1907; Stats. 1907, p. 562.]

Notice of contest: Compare ante, § 276.

Legislation § 290. 1. Enacted March 12, 1872; based on Stats. 1850, p. 110, § 92. 2. Repealed by Stats. 1907, p. 562. See supra, Legislation § 288, for code commissioner's note.

§ 291. Notice to the houses. [Repealed 1907; Stats. 1907, p. 562.] Legislation § 291. 1. Enacted March 12, 1872; based on Stats. 1850, p. 110, § 93. 2. Repealed by Stats. 1907, p. 562. See supra, Legislation § 288, for code commissioner's note.

§ 292. Trial committee, how chosen. p. 562.]

[Repealed 1907; Stats. 1907,

Legislation § 292. 1. Enacted March 12, 1872; based on Stats. 1850, p. 110, § 94. 2. Repealed by Stats. 1907, p. 562. See supra, Legislation § 288, for code commissioner's note.

§ 293. Notice of choice. [Repealed 1907; Stats. 1907, p. 562.]

Legislation § 293. 1. Enacted March 12, 1872; based on Stats. 1850, p. 110, § 94, subd. 3. 2. Repealed by Stats. 1907, p. 562. See supra, Legislation § 288, for code commissioner's note.

§ 294. Powers of committee.

[Repealed 1907; Stats. 1907, p. 562.]

Powers of committee to procure testimony: Post, §§ 300-304.

Legislation § 294. 1. Enacted March 12, 1872; based on Stats. 1850, p. 110, § 95. 2. Repealed by Stats. 1907, p. 562. See supra, Legislation § 288, for code commissioner's note.

§ 295. Judgment of committee. [Repealed 1907; Stats. 1907, p. 562.] Legislation § 295. 1. Enacted March 12, 1872; based on Stats. 1850, p. 110, § 97. 2. Repealed by Stats. 1907, p. 562. See supra, Legislation § 288, for code commissioner's note.

ARTICLE VIII.

Attendance and Examination of Witnesses Before the Legislature and Committees Thereof.

302. Failure of witness to appear, contempt.

$303. Warrant of arrest.

$304. Witnesses not to be held to answer criminally. Refusal to testify. § 300. Subpoenas. A subpoena requiring the attendance of any witness before either house of the legislature or a committee thereof may

be issued by the president of the senate, speaker of the house, or the chairman of any committee before whom the attendance of the witness is desired; and it is sufficient if:

1. It states whether the proceeding is before the assembly or senate or a committee;

2. It is addressed to the witness;

3. It requires the attendance of such witness at a time and place certain;

4. It is signed by the president of the senate, speaker of the assembly, or chairman of a committee.

Legislation § 300. Enacted March 12, 1872; based on Stats. 1857, p. 98, § 4.

§ 301. Service of subpoenas. The subpoena may be served by any person who might be a witness in the matter, and his affidavit that he delivered a copy to the witness is evidence of service. [Amendment approved 1874; Code Amdts. 1873-74, p. 4.]

Service of subpoena in civil actions: See Code Civ. Proc., § 1987. Legislation § 301. 1. Enacted March 12, 1872; based on Stats. 1857, p. 98, § 4, final sentence. 2. Amended by Code Amdts. 1873–74, p. 4. § 302. Failure of witness to appear, contempt. If any witness neglects or refuses to obey such subpoena, or appearing, neglects or refuses to testify, or to produce upon reasonable notice any material and proper books, papers or documents in his possession or under his control, the senate, assembly or any committee thereof may by resolution entered on the journal of the senate or assembly or minutes of the committee, as the case may be, commit him for contempt; provided, however, that if any such contempt be committed before such committee during the session of the legislature, such committee shall report the contempt to the senate or assembly, as the case may be, for such action as may be deemed necessary by the senate or assembly. [Amendment approved 1913; Stats. 1913, p. 231.]

Legislation § 302. 1. Enacted March 12, 1872; based on Stats. 1857, p. 98, § 5. 2. Amended by Stats. 1913, p. 231.

§ 303. Warrant of arrest. Any witness neglecting or refusing to attend in obedience to subpoena may be arrested by the sergeant-at-arms and brought before the senate, assembly or committee thereof, as the case may be. The only warrant or authority necessary authorizing such arrest, is a copy of a resolution of the senate, the assembly or committee signed by the president of the senate, speaker of the assembly or chairman of the committee as the case may be and countersigned by the secretary of the senate, the clerk of the assembly or a majority of the members of any such committee, as the case may be. [Amendment approved 1913; Stats. 1913, p. 232.]

Legislation § 303. 1. Enacted March 12, 1872; based on Stats. 1857, p. 98, § 5. 2. Amended by Statutes 1913, p. 232.

§ 304. Witnesses not to be held to answer criminally. Refusal to testify. No person sworn and examined before either house of the legis lature, or any committee thereof, can be held to answer criminally or be subject to any penalty or forfeiture for any fact or act touching which

he is required to testify; nor is any statement made or paper produced by any such witness competent evidence in any criminal proceeding against such witness; nor can such witness refuse to testify to any fact or to produce any paper touching which he is examined, for the reason that his testimony or the production of such paper may tend to disgrace him or render him infamous. Nothing in this section exempts any witness from prosecution and punishment for perjury committed by him on such examination.

Constitutional provision of like character: Const., art. IV, § 35.
Similar provisions: Pen. Code, § 14.

Answer tending to disgrace, etc. Different provisions for civil action: See Code Civ. Proc., § 2065.

Legislation § 304. Enacted March 12, 1872; based on Stats. 1857, p. 97, § 2.

ARTICLE IX.

Enactment of Statutes.

$309. Bills received by the governor must be indorsed by his private secretary.

$310. Approval of bills.

§311. Bills returned without approval.

$312. Return, when house not in session.

$313. 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.

Presentation of bills to governor after passage: Const., art. IV, § 16. Enactment of statutes, requisites of act: Const., art. IV, § 24. Legislation § 309. 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 ease 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 legis lature 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. [Amendment approved 1880; Code Amdts. 1880, p. 3.]

Governor's approval of bill: See Const., art. IV, § 16.

Appropriation bill:

1. Provision conforms to constitution: Const., art. IV, § 16.

2. General, what to contain: Const., art. IV, § 29.

3. For specific purpose, to contain but one item: Const., art. IV, § 34.

4. Passage despite objections: Post, § 311.

Legislation § 310. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1880, p. 3.

§ 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. [Amendment approved 1880; Code Amdts. 1880, p. 3.]

Passage of bills:

1. Origination in either house: Const., art. IV, § 15.

2. Introduction, limited time for: Const., art. IV, § 2.

3. Printing: Const., art. IV, § 15.

4. Reading at length: Const., art. IV, § 15.

5. Manner of voting: Const., art. IV, § 15.

6. Majority requisite for passage: Const., art. IV, § 15.

Return by governor, with objections: Const., art. IV, § 16.

Time for return by governor: See post, §§ 312, 313.

Reconsideration, and passage over veto: See Const., art. IV, § 16. Legislation § 311. 1. Enacted March 12, 1872; based on Stats. 1852, p. 112, § 1. 2. Amended by Code Amdts. 1880, p. 3.

§ 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.

Legislation § 312. Enacted March 12, 1872.

§ 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.

Section conforms to constitution: Const., art. IV, § 16.

Legislation § 313. Enacted March 12, 1872; based on Stats. 1852, p. 112, § 2.

ARTICLE X.

Promulgation of Statutes.

$318. 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.

Publication of statutes: See post., §§ 526–537.

Distribution of statutes: See post, § 409.

Legislation § 318. Enacted March 12, 1872.

$328. Act repealed not revived by repeal of repealing act.
§ 329. Repeal of laws creating criminal offenses, effect of.

$ 330. 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.

Operation of statutes uniform, where of a general nature: Const., art. I. § 11.

Legislation § 323. Enacted March 12, 1872; based on Stats. 1860, p. 16, § 1, as amended by Stats. 1861, p. 77, § 1; Field's Draft, § 59.

§ 324. When joint resolutions take effect. Every joint resolution, unless a different time is prescribed therein, takes effect from its passage. Legislation § 24. Enacted March 12, 1872; based on Stats. 1850, p. 51, § 1.

.

§ 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 reenacted 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 eracted, and the new provisions are to be considered as having been eracted at the time of the amendment.

Re-enacting and publishing act at length as revised or amended: Const. art. IV, § 24.

Amendment of repealed section: Post, § 330.

Legislation § 325. Enacted March 12, 1872.

§ 326. Construction of statutes. The general rules for the construction of statutes are contained in the preliminary provisions of the dif ferent codes.