Senate Bill No. 8—An Act to amend Section 10 of the Political Code, relating to holidays. During the second reading of the bill, the following substitute was submitted by committee: COMMITTEE SUBSTITUTE FOR SENATE BILL No. 8. An Act to amend Section 10 of the Political Code, relating to holidays. The people of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. Section ten of the Political Code is hereby amended to read as follows: 10. Holidays, within the meaning of this code, are every Sunday, the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the ninth day of September, the first Monday in September, the twenty-fifth day of December, every day on which an election is held throughout the State, and every day appointed by the President of the United States, or by the Governor of this State for a public fast, thanksgiving or holiday and such days as the Governor may declare as special holidays. If the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the ninth day of September or the twenty-fifth day of December fall upon a Sunday, the Monday following is a holiday. Every Saturday from twelve o'clock noon until twelve o'clock midnight is a holiday as regards the transaction of business in the public offices of this State, and also in political divisions thereof where laws, ordinances, or charters provide that public offices may be closed on holidays; provided, this shall not be construed to prevent or invalidate the issuance, filing, service, execution or recording of any legal process or written instrument whatever on such Saturday afternoons. Provided further, that the Governor of the State may declare special holidays and he may in one proclamation designate one or any number of consecutive days as special holidays and during any such special holidays no public duty shall be suspended or prohibited except such as affect the administration of justice in the courts of this State as prescribed by section 135 of the Code of Civil Procedure. SEC. 2. This Act shall take effect and be in force from and after November twenty-fifth A. D. 1907 at twelve o'clock M. of that day. Substitute read and adopted. Bill read second time, and ordered to print, engrossment, and third reading. Senate Bill No. 9-An Act to amend Section 10 of the Code of Civil Procedure, relating to holidays. During the second reading of the bill, the following substitute was submitted by committee: COMMITTEE SUBSTITUTE FOR SENATE BILL No. 9. An Act to amend Section 10 of the Code of Civil Procedure, relating to holidays. The people of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. Section ten of the Code of Civil Procedure is hereby amended to read as follows: 10. Holidays, within the meaning of this code, are every Sunday, the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the ninth day of September, the first Monday in September, the twenty-fifth day of December, every day on which an election is held throughout the State, and every day appointed by the President of the United States, or by the Governor of this State for a public fast, thanksgiving or holiday and such days as the Governor may declare as special holidays. If the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the ninth day of September or the twenty-fifth day of December fall upon a Sunday, the Monday following is a holiday. Every Saturday from twelve o'clock noon until twelve o'clock midnight is a holiday as regards the transaction of business in the public offices of this State, and also in political divisions thereof where laws, ordinances, or charters provide that public offices may be closed on holidays; provided, that such shall not be construed to prevent or invalidate the issuance, filing, service, execution or recording of any legal process or written instrument whatever on such Saturday afternoons. Provided further, that the Governor of the State may declare special holidays and he may in one proclamation designate one or any number of consecutive days as special holidays and during any such special holidays no public duty shall be suspended or prohibited except such as affect the administration of justice in the courts of this State as prescribed by section 135 of this code for the control of such courts. SEC. 2. This Act shall take effect and be in force from and after November twenty-fifth A. D. 1907 at twelve o'clock M. of that day. Substitute read and adopted. Bill read second time and ordered to print, engrossment and third reading. Senate Bill No. 10-An Act to amend Section 134 of the Code of Civil Procedure, relating to the transaction of judicial business on holidays. During the second reading of the bill, the following substitute was submitted by committee. COMMITTEE SUBSTITUTE FOR SENATE BILL No. 10. An Act to amend Section 135 of the Code of Civil Procedure, relating to the transaction of judicial business on holidays and special holidays. The people of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. Section 135 of the Code of Civil Procedure is hereby amended to read as follows: 135. On all special holidays the courts of this State shall be open for the transaction of any and all judicial business, except the trial of an action or the rendition of a judgment based upon a contract, expressed or implied, for the direct payment of money, and for the trial and rendition of judgments in actions of forcible entry or unlawful detainer. Provided, if any day mentioned in section 10 of this code other than a special holiday happen to be the day appointed for the holding or sitting of a court, or to which it is adjourned, it shall be deemed appointed for or adjourned to the next day. SEC. 2. This Act shall take effect and be in force from and after November 25th, A. D. 1907, at 12 o'clock м. of that day. Substitute read and adopted. Bill read second time and ordered to print, engrossment and third reading. SPECIAL ORDER SET. Senator Leavitt moved that the Committee Substitutes for Senate Bills Nos. 4, 8, 9, and 10 be sent to the State Printer with a rush order issued by the Secretary, and that the consideration of the same be made. a special order for seven o'clock and thirty minutes P. M., of this day. Motion carried. RECESS. At three o'clock and forty minutes P. M., on motion of Senator Leavitt, the President declared the Senate at recess until seven o'clock and thirty minutes P. M., of this day. RECONVENED. At seven o'clock and thirty minutes P. M. the Senate reconvened. REPORT OF STANDING COMMITTEE. The following report of standing committee was received and read: ON ENGROSSMENT AND ENROLLMENT. SENATE CHAMBER, SACRAMENTO, November 22, 1907. MR. PRESIDENT: Your Committee on Engrossment and Enrollment have examined the following: Committee Substitute for Senate Bill No 4-An Act to amend Section 7 of the Civil Code, relating to holidays. Also: Committee Substitute for Senate Bill No. 8-An Act to amend Section 10 of the Political Code, relating to holidays. Also: Committee Substitute for Senate Bill No. 9-An Act to amend Section 10 of the Code of Civil Procedure, relating to holidays. Also: Committee Substitute for Senate Bill No. 10—An Act to amend Section 135 of the Code of Civil Procedure, relating to the transaction of judicial business on holidays and special holidays. And report that the same have been correctly engrossed. REILY, Chairman. Committee Substitutes for Senate Bills Nos. 4, 8, 9, and 10, respectively, ordered on file for third reading. MESSAGES FROM THE ASSEMBLY-(OUT OF ORDER). On motion of Senator Miller, the following messages from the Assembly were received and read: ASSEMBLY CHAMBER, SACRAMENTO, November 22, 1907. MR. PRESIDENT: I am directed to inform your honorable body, that the Assembly on this day passed, as a case of urgency, Assembly Bill No. 1-An Act to amend Section 10 of the Code of Civil Procedure, relating to holidays. Also: Assembly Bill No. 3-An Act to amend Section 10 of the Political Code, relating to holidays. Also: Assembly Bill No. 4-An Act to amend Section 7 of the Civil Code, relating to holidays. CLIO LLOYD, Chief Clerk of the Assembly. Assembly Bills Nos. 1, 3 and 4 read first time, and referred to the Committee on Judiciary. Also: ASSEMBLY CHAMBER, SACRAMENTO, November 22, 1907. MR. PRESIDENT: I am directed to inform your honorable body, that the Assembly on this day amended, and passed as a case of urgency so amended, Committee Substitute for Senate Bill No. 11-An Act to add a new section to the Political Code of the State of California, to be numbered Section 3757, relating to the extension of the time for payment of taxes and the postponement of the delinquency of taxes for non-payment, and postponement of the duties of all persons and public officers in connection therewith. CLIO LLOYD, Chief Clerk of the Assembly. By THOS. G. WALKER, Assistant Clerk. The question being, "Shall the Senate concur in the following Assembly amendment to Senate Bill No. 11?" After the word "six," in line 10 of Section 1 of page 1 of the printed bill, insert the word "o'clock." The roll was called, and the above Assembly amendment to Senate Bill No. 11 concurred in by the following vote: AYES-Senators Anderson, Bates, Bell, Belshaw, Black, Boynton, Broughton, Caminetti, Carter, Hartman, Keane, Leavitt, Lynch, Markey, McCartney, McKee, Miller, Nelson, Price, Rambo, Reily, Rolley, Rush, Sanford, Savage, Walker, Weed, Willis, Wolfe, and Wright-30. NOES--None. The question being "Shall the Senate concur in the following Assembly amendments to Senate Bill No. 11?" Strike out the word "above," in line 17 of Section 1, page 2 of the printed bill. Also: Insert the words "by law" after the word "vided" in line 18 of Section 1, page 2 of the printed bill. Also: After the word "duty," in line 22 of Section 1, page 2 of the printed bill, insert the words "imposed by law." Also: After the word "sixty," in line 24, Section 1, page 2 of the printed bill, insert the word "three." Also: Strike out the naught in line 24 of page two of Section 1 of the printed bill, and insert the figure "3." Also: Strike out all of line 31 of Section 1, page 2, of the printed bill, and insert in lieu thereof, as follows: "Shall have no other or further effect, except as herein provided." The roll was called, and the above Assembly amendments to Senate Bill No. 11 concurred in by the following vote: AYES-Senators Anderson, Bell, Belshaw, Black, Boynton, Broughton, Caminetti, Curtin, Hartman, Keane, Leavitt, Lynch, Markey, McCartney, Miller, Nelson, Price, Rambo, Reily, Kolley, Rush, Sanford, Walker, Weed, Willis, Wolfe, and Wright-27. NOES-None. The question being, "Shall the Senate concur in the following Assembly amendment to Senate Bill No. 11?" AMENDMENT No. 5. Strike out the words "matters herein enumerated and imposed by law," in lines 23 and 24 of Section 1, page 2 of printed bill, and insert in lieu thereof as follows: "collections of the first installment of said taxes and the fifteen per cent penalty for delinquency thereof and the settlement thereof." The roll was called, and the Senate refused to concur in the above Assembly amendment to Senate Bill No. 11, by the following vote: AYES-None. NOES-Senators Anderson, Bates, Bell, Belshaw, Black, Boynton, Broughton, Caminetti, Carter, Curtin, Hartman, Keane, Leavitt, Lynch, Markey, McCartney, Miller, Nelson, Price, Rambo, Reily, Rolley, Rush, Sanford, Walker, Weed, Willis, Wolfe, and Wright-29. Whereupon the President directed the Secretary to request the Assembly to recede from the above amendment to Senate Bill No. 11. CONSIDERATION OF SPECIAL ORDER. The hour having arrived for the consideration of the special order heretofore set for this hour, being the consideration of Committee Substitutes for Senate Bills Nos. 4, 8, 9 and 10, the same was taken up. RESOLUTION—(OUT OF ORDER). The following resolution was offered: By Senator Miller: Resolved, That Committee Substitute for Senate Bills Nos. 4, 8, 9, and 10 respectively, present cases of urgency, as that term is used in Section 15 of Article IV of the Constitution, and the provision of that section requiring that the bill shall be read on three several days in each house is hereby dispensed with, and it is ordered that said bills be read the second and third times, and placed upon their passage. Resolution read. The question being on the adoption of the same. The roll was called, and Section 15 of Article IV of the Constitution suspended, and the resolution adopted by the following vote: AYES-Senators Anderson, Bates, Bell, Belshaw, Black, Boynton, Broughton, Caminetti, Carter, Curtin, Hartman, Keane, Leavitt, Lukens, Lynch, Markey, McCartney, McKee, Miller, Nelson, Price, Rambo, Reily, Rolley, Rush, Sanford, Savage, Walker, Weed, Willis, Wolfe, and Wright-31. NOES-None. CASES OF URGENCY. Committee Substitute for Senate Bill No. 4--An Act to amend Section 7 of the Civil Code, relating to holidays. Read third time. MOTION TO REFER TO SPECIAL COMMITTEE OF ONE. Senator Miller moved to refer to Senator Willis, as a special committee of one, to amend as follows: By striking out of Section 2, line 2, the word "25th," and inserting in lieu thereof the word "27th"; also strike out of same line the letter "M.," and insert in lieu thereof the word "midnight." Motion carried. REPORT OF SPECIAL COMMITTEE OF ONE. SENATE CHAMBER, SACRAMENTO, November 22, 1907. MR. PRESIDENT: Your special committee of one, to whom was referred Committee Substitute for Senate Bill No. 4, with instructions to amend, respectfully reports the same back, amended as per instructions. WILLIS, Special Committee. Report of special committee of one, and amendments, adopted. Committee Substitute for Senate Bill No. 8-An Act to amend Section 10 of the Political Code, relating to holidays. Read third time. MOTION TO REFER TO SPECIAL COMMITTEE OF ONE. Senator Miller moved to refer to Senator Willis as a special committee of one, to amend as follows: By striking out of Section 2, line 2, the word "25th" and inserting in lieu thereof the word "27th"; also, strike out of same line the letter "M.," and insert in lieu thereof the word "midnight." Motion adopted. REPORT OF SPECIAL COMMITTEE OF ONE. Senate Chamber, Sacramento, November 22, 1907. MR. PRESIDENT: Your special committee of one, to whom was referred Committee Substitute for Senate Bill No. 8, with instructions to amend, respectfully report the same back, amended as per instructions. WILLIS, Special Committee. Report of special committee of one, and amendments, adopted. Committee Substitute for Senate Bill No. 9-An Act to amend Section 10 of the Code of Civil Procedure, relating to holidays. Read third time. MOTION TO REFER TO SPECIAL COMMITTEE OF ONE. Senator Miller moved to refer to Senator Willis as a special committee of one, to amend as follows: By striking out of Section 2, line 2, the word "25th" and inserting in lieu thereof the word "27th"; also, in the same line strike out the letter "M.," and insert in lieu thereof the word midnight." Motion carried. REPORT OF SPECIAL COMMITTEE OF ONE. SENATE CHAMBER, SACRAMENTO, November 22, 1907. MR. PRESIDENT: Your special committee of one, to whom was referred Senate Bill No. 9, with instructions to amend, respectfully reports the same back, amended as per instructions. WILLIS, Special Committee. Report of special committee of one, and amendments, adopted. Committee Substitute for Senate Bill No. 10-An Act to amend Section 135 of the Code of Civil Procedure, relating to the transaction of judicial business on holidays and special holidays. Read third time. |