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“Preliminary provisions of this code”: Ante, $$ 1–20.

Legislation § 326. Enacted March 12, 1872. The code commissioners say: “At first the commissioners intended to insert the sections relating to statutory construction in this place. Afterwards, in making the first draft of the Penal Code, such sections constituted the fourth part thereof. Upon more mature deliberation, we have concluded to prefix those sections, under the title of 'Preliminary Provisions,' to each code. The advantages of this arrangement are: 1. That each' code will, in a measure, be complete in itself; and 2. That each code will be read in the light of the construction thus fixed.”

$ 327. Repeal of statutes. Any statute may be repealed at any time, except when it is otherwise provided therein. Persons acting under any statute are deemed to have acted in contemplation of this power of repeal.

Legislation & 327. Enacted March 12, 1872. § 328. Act repealed not revived by repeal of repealing act. No act or part of an act, repealed by another act of the legislature, is revived by the repeal of the repealing act without express words reviving such repealed act or part of an act.

Legislation § 328. Enacted March 12, 1872; based on Stats. 1853, p. 40, § 1.

§ 329. Repeal of laws creating criminal offenses, effect of. The repeal of any law creating a criminal offense does not constitute a bar to the indictment or information and punishment of an act already committed in violation of the law so repealed, unless the intention to bar such indictment or information and punishment is expressly declared in the repealing act. (Amendment approved 1881; Stats. 1881, p. 6.]

Ex post facto laws: See Const., art. I, § 16.

Legislation § 329. 1. Enacted March 12, 1872; based on Stats. 1853, p. 195, § 1. 2. Amended by Stats. 1881, p. 6.

§ 330. Amendatory act, when void. An act amending a section of an act repealed is void.

Legislation § 330. Enacted March 12, 1872.

ARTICLE XII.

Public Reports.
§ 332. All reports to be sent to governor. Controller.
§ 333. Reports, printing of.
$ 334. Duty of superintendent of state printing.
$ 335. Distribution of. [Repealed.]
$ 336. To be printed in English.'

§ 337. Report of insurance commissioner, distribution of. § 332. All reports to be sent to governor. Controller. All officers, boards of officers, commissioners, trustees, regents, and directors, required by law to make reports to the governor or legislature, except the controller of state, must send the original drait of such reports to the governor before the fifteenth day of September, in the year eighteen hundred and ninety-two, and in every second year thereafter. The controller of state must send his report to the governor before the fifteenth

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p. 66.]

day of December, in eighteen hundred and ninety-two, and in every second year thereafter. [Amendment approved 1891; Stats. 1891, p. 65.]

Controller's report. Controller must report to the governor on the second Monday in October: See post, § 433.

Legislation § 332. 1. Enacted March 12, 1872; based on Stats. 1865– 66, p. 784, § 1, as amended by Stats. 1869–70, p. 333, § 1. 2. Amended by Code Amdts. 1880, p. 83. 3. By Stats. 1891, p. 65. § 333. Reports, printing of. The governor shall, upon receipt of such reports, submit the same to the state board of examiners, who shall order such a number or said reports, or part or parts of each report, printed as in their judgment will meet the requirements of law; prorided, that in no instance shall a less number of copies be printed than is necessary to furnish at least ten copies of each report to all officers, boards of officers, commissioners, trustees, regents, and directors required by law to make reports to the governor or legislature. [Amendment approved 1891; Stats.

Legislation & 333. 1. Enacted March 12, 1872; based on Stats. 1869– 70, p. 359, § 1. 2. Amended by Code Amdts. 1875–76, p. 9. 3. By Code Amdts. 1877-78, p. 6. 4. By Stats. 1891, p. 66. $ 334. Duty of superintendent of state printing. The superintendent of state printing must print such reports, or such part or parts of said reports, as may be ordered by the state board of examiners in a manner to be designated by said board, before the first Monday in December next after receipt thereof, except the report of the state controller, which shall be printed before the fifteenth day of January after the receipt thereof, and distribute the same in accordance with the directions of the board of examiners. (Amendment approved 1891; Stats. 1891, p. 66.]

Legislation § 334. 1. Enacted March 12, 1872; based on Stats. 1869– 70, p. 359, 3. 2. Amended by Code Amdts. 1873–74, p. 4. 3. By Code Amdts. 1875–76, p. 9. 4. By Code Amdts. 1877–78, p. 6. 5. By Stats.

1891, p. 66. $ 335. Distribution of. [Repealed 1891; Stats. 1891, p. 66.]

Legislation § 335. 1. Enacted March 12, 1872; based on Stats. 186970, p. 360, $ 4. 2. Amended by Code Amdts. 1873–74, p. 5. 3. By Code Amdts. 1875–76, p. 10. 4. By Code Amdts. 1877–78, p. 6. 5. Repealed by Stats. 1891, p. 66. $ 336. To be printed in English. All reports must be printed in the English language.

Legislation § 336. Enacted March 12, 1872.
$ 337. Report of insurance commissioner, distribution of. Of the re-
port of the insurance commissioner, the commissioner must have printed,
at the expense of his office, one thousand copies, and must deliver of the
same as follows:

To the governor, twenty copies.
To the state librarian, ten copies.
To the secretary of state, thirty copies.
To the sergeant-at-arms of the senate, eighty copies.

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To the sergeant-at-arms of the assembly, one hundred and sixty copies.

And the residue must be distributed by the commissioner in furtherance of the interest of insurance.

Legislation § 337. Added by Code Amdts. 1873–74, p. 7.

CHAPTER III.

Executive Officers. Article I. Classification, Number, and Designation of Executive Officers.

$$ 341-344.
II. The Mode of Election or Appointment and Term of Office of

Civil Executive Officers. $$ 318-371.
III. Of the Governor, $$ 380-387.
IV. Of the Lieutenant-Governor. $$ 396, 397.

V. Of the Secretary of State. $$ 407-426.
VI. Controller, $$ 433-445.
VII. Treasurer. 88 452-461.
VIII. Attorney-General. 88 470–475.
IX. Surveyor-General. $$ 483–487.

X. Register of the State Land Office. $$ 497-502.
XI. Of the Superintendent of Public Instruction. $8 512-517.
XII. Superintendent of State Printing. $$ 526-540.
XIII. State Geologist. $$ 548–554. [Repealed.]
XIV. Sealers of Weights and Measures. $$ 561-567. [Repealed.]
XV. Inspector of Gas-meters. $8 577–584.
XVI. Insurance Commissioner. $$ 588-635 1.
XVII. Fish Commissioners. $$ 642, 643.
XVIII. Board of Control. $$ 654-691.
XIX. Powers and Duties of Other Executive Officers. $$ 695-715.
XX. Superintendent of Capital Buildings and Grounds. $$ 716-

719.

are

ARTICLE I.
Classification, Number, and Designation of Executive Officers.

$ 341. Classification of executive officers.
§ 342. Military officers.
$ 343. Designation and number of civil executive officers.

$ 344. Definition of term "fish commission.”
§ 341. Classification of executive officers. Executive officers
cither:

1. Civil; or, 2. Military

Legislation & 341. Enacted March 12, 1872. § 342. Military officers. Military officers are designated and their duties prescribed in title four of part three of this code.

Militia: See post, $$ 1895–2117.

Legislation § 342. Enacted March 12, 1872. § 343. Designation and number of civil executive officers. The num: ber and designation of the civil executive officers are as follows: A goyernor; a private secretary for the governor; an executive secretary for the governor; a secretary for the board of examiners; a lieutenantgovernor; a secretary of state; a deputy secretary of state; a keeper of archives of state for secretary of state; a book-keeper for the secretary of state; three recording clerks for the secretary of state; a controller; a deputy eontroller; a book-keeper for the controller; five clerks for the controller; a treasurer; a deputy treasurer; a book-keeper for the treasurer; a elerk for six months in each year for the treasurer; an attorney. general; a deputy attorney-general; a surveyor-general, who shall be ex officio register of the state land-office; a deputy surveyor-general; one elerk for the surveyor.general; three clerks for the register; a superintendent of public instruction; a deputy for the superintendent of public instruction; one clerk for the superintendent of public instruction; a superintendent of state printing; an inspector of gas-meters; a vaccine agent; an insurance commissioner; a deputy for the insurance commissioner; three State ('apitol commissioners; four port-wardens for the port of San Francisco; a port-warden for each port of entry except San Fran. cisco; three state harbor commissioners; three harbor commissioners for the port of Eureka; six pilots for each harbor where there is no board of pilot commissioners; three members of the board of pilot commissioners for the ports of San Francisco, Mare Island, and Benicia; three members of the board of pilot commissioners for Humboldt Bay and bar; three fish commissioners; a president and twelve directors of the state board of agriculture; four members of the state board of equalization; a clerk of the board of equalization; three members of the state board of railroad commissioners; a secretary of the state board of railroad commissioners; a bailiff of the state board of railroad commissioners; seven members of the state board of health; five members of the San Francisco board of health; five members of the Sacramento board of health; twenty-two regents of the University of California; three members of the state board of education; seven trustees of the state normal school; five trustees of the state library; a state librarian; two deputies for the state librarian; a librarian for the supreme court library; five directors for the state prisons; two wardens for the state prisons; two clerks of the state prisons; five directors for the insane asylum at Stockton; five directors for the insane asylum at Napa; a medical superintendent of the insane asylum at Stockton; two assistant physicians of the insane asylum at Stockton; a resident physician of the insane asylum at Napa; one first assistant physician of the insane asylum at Napa; provided, wben the number of patients shall increase to six hundred, the trustees may elect one additional second assistant physician, with the same pay and emoluments as the first assistant physicians; a treasurer of the insane asylum at Stockton; a treasurer of the insane asylum at Napa; five trustees of the asylun for the deaf and dumb and the blind; three trustees of the state burying-grounds; nine commissioners of the Yosemite Valley and the Mariposa Big Tree Grove; such other officers as fill offices created by or under the authority of general laws for the government of counties, cities, and towns, or of the charters or special laws affecting the same, or of the health, school, election, road, or revenue laws. [Amendment approved 1889; Stats. 1889, p. 435.)

Legislation § 343. 1. Enacted Ma 12, 1872. 2. Amended by Amdts. 1877–78, p. 2. 3. Bv (ode Amdts, 1880, p. 83. 4. By Stats. 1887, p. 54. 5. By Stats. 1889, p. 435.

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& 344. Definition of term "fish commission.” Wherever the title or term "fish commission," or "fish commissioner," or "fish commissioners" or "board of fish commissioners," or "state board of fish commissioners,” appears in this code or in any of the codes of California, or in any of the statutes of California, such title or term shall be deemed to be, and shall be read, “fish and game commission," or "fish and game commissioner,” or “fish and game commissioners” or “board of fish and game commissioners," or "state board of fish and game commissioners," as the case may be, and all of the rights, powers and duties now granted to or imposed upon the fish commissioners, shall be imposed upon and accrue to the fish and game commissioners.

Legislation § 344. Added by Stats. 1909, p. 366.

ARTICLE II.
The Mode of Election or Appointment and Term of Office of Civil

Executive Officers.
$ 348. Certain officers elected.
$ 349. State printer. [Repealed.]
$ 350. Register of land-office.
$ 351. State sealer of weights and measures.
8 352. State board of equalization.
$ 353. Regents of the state university, who are.
§ 354. State normal schools. Boards of trustees.
$ 355. State board of education.
$ 356. Officers of libraries.
§ 357. Yosemite and Big Tree commissioners. [Repealed.]
§ 358. Superintendent, etc., of insane asylum.
$ 359. Directors of state board of agriculture.
§ 360. San Francisco board of health.
§ 361. Sacramento board of health.
§ 362. Harbor commissioners.
§ 363. San Francisco marine board. [Repealed.]
8 364. State board of examiners. [Repealed.]
§ 365. State board of tide-land commissioners. [Repealed.]
8 366. State capitol commissioners.
§ 367. State prison directors. [Repealed.]
§ 368. Officers appointed by governor. Terms.
8 369. Term of office of officers mentioned in preceding section.
8 370. Private secretary and clerk of governor.

§ 371. Deputies and clerks. § 348. Certain officers elected. The mode of election of the governor, lieutenant-governor, secretary of state, controller, treasurer, attorney. general, surveyor-general, and superintendent of public instruction is prescribed by the constitution.

Mode of election prescribed by constitution:

1. Of governor: See Const., art. V, 88 2, 4.
2. Of lieutenant-governor: See Const., art. V, § 15.

3. Of secretary of state, controller, treasurer, attorney-general, and surveyor-general: See Const., art. V, § 17.

4. Of superintendent of public instruction: Const., art. IX, $ 2. Legislation § 348. Enacted March 12, 1872.

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