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If at any recall election the incumbent whose removal is sought is not recalled, he shall be repaid from the State treasury any amount legally expended by him as expenses of such election, and the Legislature shall provide appropriation for such purpose, and no proceedings for another recall election of said incumbent shall be initiated within six months after such election.
In the submission to the electors of any petition proposed under this article all officers shall be guided by the general laws of the State, except as otherwise herein provided.
This article is self-executing, but legislation may be enacted to facilitate its operation, but in no way limiting or restricting the provisions of this article or the powers herein reserved. (Constitution, art. XXIII, sec. 1.)
DRAFTING AND INTRODUCTION OF BILLS.
CHAPTER CONTENTS. PART I. GENERAL CONSTITUTIONAL AND CODE PROVISIONS REGARDING BILL
DRAFTING. Sec. 123. C'onstruction of the Codes. (Political Code; Penal Code; Civil Code ;
Code of Civil Procedure.) Sec. 124. Provisions similar to laws existing at the time of the adoption of the codes
How construed. (Political Code ; Code of Civil Procedure; Civil Code ;
Penal Code.) Sec. 12.). Words and phrases. (Political Code; (ivil Code : Code of Civil Pro
cedure.) Sec. 126. Certain terms used in the codes defined. (Political Code; Civil Code ;
Code of Civil Procedure; Penal Code.) Sec. 127. Certain statutes preserved after the adoption of the codes. (Political
Code ; Penal Code.) Sec. 128. The Codes—How cited, etc. (Political Code; Civil Code; Code of
Civil Procedure; Penal Code.) Sec. 129. Enacting clause. (Constitution.) Sec. 130. Origin and passage of bills. (Constitution.) Sec. 131. Title of laws-Revision and amendment. (Constitution.) Sec. 132. Local and special laws prohibited. (Constitution.) Sec. 133. Aid to lotteries prohibited. (Constitution.) Sec. 131. Effect of amendment. (Political Code.) Sec. 135. Construction of statutes. (Political Code.) Sec. 136. Repeal of statutes. (Political Code.) Sec. 137. Act repealed not revived by repeal of repealing act. (Political Code.) Sec. 138. Amendatory act—When void. (Political Code.) Sec. 139. When statutes take effect—The urgency section. (Constitution.) Sec. 140. When joint resolutions take effect. (Constitution.)
PART II. DRAFTING OF APPROPRIATION OF BILLS. Sec. 141. Appropriations, how made. (Constitution.) Sec. 142. General appropriation bill-What to contain. (Constitution.) Sec. 143. Special appropriation bill-Restriction as to. (Constitution.) Sec. 144. Restriction on appropriations and grants of aid. (Constitution.) Sec. 145. Extra compensation and payment without express sanction of law
prohibited. (Constitution.) Sec. 146. Preparation of state budget-Controller to send out blanks to be filled
by heads of departments. (Political Code.) Sec. 147. Same_Controller to send out blanks to Senators and members-elect of
Legislature. (Political Code.) Sec. 148. Same-Claims against State. to be filed with Controller. (Political
Code.) Sec. 149. Same-Controller to furnish tabulated statement. (Political Code.) Sec. 150. Form of appropriation bill.
PART III. DRAFTING OF CODE SECTIONS AND GENERAL LAWS.
PART IV. DRAFTING OF CONSTITUTIONAL AMENDMENTS AND JOINT AND
distinguished from bills. (Joint rule.)
PART V. INTRODUCTION OF BILLS.
bly rule; Senate rule.) Sec. 170. Petition to be presented with a brief statement of contents. (Assembly
PART I. GENERAL CONSTITUTIONAL AND CODE
PROVISIONS REGARDING BILL DRAFTING.
CONSTRUCTION OF THE CODES.
The rule of the common law that statutes in derogation thereof are to be strictly construed, has no application to these codes. The codes establish the law of this State respecting the subjects to which they relate, and their provisions and all proceedings under them are to be liberally construed, with a view to effect its objects and to promote justice. (Political Code, sec. 4; Civil Code, sec. 4; Code of Civil Procedure, sec. 4; Penal Code, sec. 4.)
PROVISIONS SIMILAR TO LAWS EXISTING AT THE TIME OF THE
ADOPTION OF THE CODES, HOW CONSTRUED. The provisions of these codes, so far as they are substantially the same as statutes existing at the time of the enactment of the codes, must be construed as continuations thereof, and not as new enactments. (Political Code, sec. 5; Code of Civil Procedure, sec. 5; Civil Code, sec. 5; Penal Code, sec. 5.)
WORDS AND PHRASES.
Words and phrases are construed according to the context and the approved usage of the language; but technical words and phrases, and such others as have acquired a peculiar and appropriate meaning in law, or are defined in the succeeding section, are to be construed according to such peculiar and appropriate meaning or definition. (Political Code, sec. 16; Civil Code, sec. 13; Code of Civil Procedure, sec. 16.)
CERTAIN TERMS USED IN THE CODES DEFINED.
Words used in this code in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular; the word “person” includes a corporation as well as a natural person; writing includes printing and typewriting; oath includes affirmation or declaration ; every mode of oral statement under oath or affirmation is embraced by the term “testify,'' and every written one in the term “depose”; signature or subscription includes mark, when the person can not write, his name being written near it by a person who writes his own name as a witness; provided, that when a signature is made by mark it must, in order that the same may be acknowledged or serve as the signature to any sworn statement, be witnessed by two persons who must subscribe their own names as witnesses thereto.
The following words, also, have in this code the signification attached to them in this section, unless otherwise apparent from the context:
1. The word “property” includes both real and personal property;
2. The words “real property” are co-extensive with lands, tenements, and hereditaments;
3. The words “personal property” include money, goods, chattels, things in action, and evidences of debt;
4. The word “month” means a calendar month, unless otherwise expressed ;
5. The word “will” includes codicil;
6. The word “writ” signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process” a writ or summons issued in the course of judicial proceedings;
7. The word "vessel,” when used with reference to shipping, includes ships of all kinds, steamboats, and steamships, canal boats, barges, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons;
8. The term “peace officer” signifies any one of the officers mentioned in section eight hundred and seventeen of the Penal Code;
9. The term “magistrate” signifies any one of the officers mentioned in section eight hundred and eight of the Penal Code;
10. The word "state," when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words “United States” may include the district and territories.
11. The word "section" whenever used in this code refers to a section of this code, unless some other code or statute is expressly mentioned. (Political Code, sec. 17; Civil Code, sec, 14; Code of Civil Procedure, sec. 17; Penal Code, sec. 7.)
CERTAIN STATUTES PRESERVED AFTER ADOPTION OF THE CODES.
Nothing in either of the four codes affects any of the provisions of certain statutes, but such statutes are recognized as continuing in force, notwithstanding the provisions of the codes, except so far as they have been repealed or affected by subsequent laws. (For complete list of exempted statutes, see Political Code, sec. 19 and Penal Code, sec. 23.)
THE CODES-HOW CITED, ETC. The codes, whenever cited, enumerated, referred to, or amended, may be designated simply as The Political Code, The Civil Code, etc., adding, whenever necessary, the number of the section. (Political Code, sec. 20; Civil Code, sec. 21; Code of Civil Procedure, sec. 19; Penal Code, sec. 24.)
ENACTING CLAUSE. * The enacting clause of every law shall be “The people of the State of California do enact as follows: * * *" (Constitution, art. IV, sec. 1.)
ORIGIN AND PASSAGE OF BILLS.
* * *
No law shall be passed except by bill.
Any bill may originate in either house, but may be amended or rejected by the other; * * * and no bill shall become a law without the concurrence of a majority of the members elected to each house. (Constitution, art. IV, sec. 15.)
TITLE OF LAWS-REVISION AND AMENDMENT. 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 such 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. (Constitution, art. IV, sec. 24.)
LOCAL AND SPECIAL LAWS PROHIBITED.
Section 25 of article IV of the Constitution prohibits the passage by the Legislature of local or special laws in a long list of enumerated instances.