ing, Engrossing, and Copying Clerks of the Senate Same, and Assembly, each eight dollars per day; to the Sergeant-at-Arms of the Senate and to the Sergeant-atArms of the, Assembly, each six dollars per day; to the Assistant Sergeant-at-Arms of the Senate and of the Assembly, each six dollars per day; to the Porters of the Senate and Assembly each four dollars per day; to each Committee Clerk, appointed by authority of either House, five dollars per day, except the Clerks of the Judiciary Committees, who must each be paid eight dollars per day; to the Pages, Post Office Pages, Postmasters, and Paper Folders of the Senate and Assembly, each three dollars per day.

NOTE.-Stats. 1861, p. 592.

tion for

services

269. For services performed under the provisions Compensaof Section 261 of this Code, each of the officers therein named receive a compensation of fifty dollars.

after close of session.

ARTICLE VI.

CONTESTING ELECTIONS FOR MEMBERS OF THE LEGISLATURE.

SECTION 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 Secretary.

282. Depositions.

283. Further evidence may be taken.

contest.

273. The right of any person declared elected to Who may 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 Assemblyman.

NOTE.-Stats. 1850, p. 108; see Federal Const., Secs. 2 and 5, and notes thereto; also, State Const., Art. IV, Sec. 8, and note.

Statement of cause of contest to be filed.

Commission to take

274. The person contesting such election must, within twenty days after the certificate of election is issued, file with the Clerk of the District Court 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.

NOTE.-Stats. 1850, p. 108; 1851, p. 180.

275. On the filing of such statement the Clerk testimony. must issue a commission, directed to two Justices of the Peace of his 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.

Notice to

person

by whom served.

276. Written notice of such contest, specifying interested, 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 house 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.

Compelling attendance of

witnesses.

Testimony, how taken.

277. Either of the Justices of the Peace have power to issue subpoenas for witnesses, at the request of either party, to be served by the Sheriff as other subpoenas; 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.

278. 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 mail or express to the Clerk with whom the statement was filed.

commis

filled.

279. If at any time either of the Justices is unable Vacancy in to proceed in such examination the Clerk may supply sion, how the vacancy by designating any other Justice of the Peace of the county.

officers.

280. Officers performing services in a contested Fees of election case may charge and collect from the party at whose instance such services were performed the same fees as are allowed them for similar services in civil

cases.

to be trans

mitted to

Secretary

of State.

281. The Clerk must seal up the depositions, the Testimony 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 Duties of 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 Legisla ture next after taking such depositions, and such presiding officer must immediately give notice to the House that such papers are in his possession.

Secretary.

tions.

282. At any time after notice of contest has been Deposigiven, 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

Further evidence may be taken.

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.

283. The House before which the contest is pending may take such other evidence in the case as it deems material.

Grounds of

contest to

ARTICLE VII.

CONTESTING THE ELECTION FOR GOVERNOR OR LIEUTENANT GOVERNOR.

SECTION 288. Who may contest.

289. Grounds of contest to be stated in petition.

290. Notice to respondent.

291. Notice to the Houses.

292. Trial Committee, how chosen.

293. Notice of choice.

294. Powers of committee.

295. Judgment of committee.

288. Any elector of the State may contest the election of any person declared elected Governor or Lieutenant Governor of the State of California.

NOTE.-Stats. 1850, p. 109.

289. Such elector may, within twenty days after

be stated in the declaration of the result of the election, deliver to

petition.

Notice to respondent.

Notice to

the Houses.

the presiding officer of each House of the Legislature a verified specification of the grounds of contest.

290. As soon as the presiding officers have received the specifications they must make out a notice, in writing, directed to the person whose election is contested, and deliver the same to a Sergeant-at-Arms, who must serve such notice at once on the person therein named.

291. The presiding officers must also immediately give notice to their respective Houses that such specifications have been received.

292. Each House must at once choose seven mem- Trial bers of its own body, in the following manner:

1. The names of the members, except the Speaker of the Assembly, written on similar paper tickets, must be placed in a box;

2. The Secretary of the Senate, in the presence of the Senate, and the Clerk of the Assembly, in the presence of the House, must draw from their respective boxes the names of seven members of each.

Committee, how chosen.

choice.

293. As soon as the names are drawn, notice of Notice of the names of members drawn in one House must be given to the other, and the names of the fourteen members drawn must be entered on the Journals of each House.

294. The members thus selected constitute a committee to try such contested election, and for that purpose must hold their meetings publicly at the seat of government at such time and place as they may designate, and may adjourn from day to day, or to a day certain, until such trial is determined. They have

power to send for persons and papers, and to take all necessary means to procure testimony, extending like privileges to each party to the contest. They must report their judgment in the premises to both Houses of the Legislature, which report must be entered upon the Journals.

Powers of committee.

295. The judgment of the committee thus re- Judgment ported is final and conclusive.

of

committee.

ARTICLE VIII.

ATTENDANCE AND EXAMINATION OF WITNESSES BEFORE THE LEGIS

LATURE AND COMMITTEES THEREOF.

SECTION 300. Subpoenas.

301. Service of subpoenas.

302. Contempt.