Page images
PDF
EPUB

telligence of a general character, having a bona fide subscription list of paying subscribers, and which shall have been established, printed, and published, in the state, county, city, city and county, or town, where such publication, notice of publication, or official advertising, is given or made, for at least one year. A newspaper devoted to the interests, or published for the entertainment of a particular class, profession, trade, calling, race, or denomination, or any number thereof, is not a newspaper of general circulation. En. Stats. 1903, 479.

PART V.

OF THE DEFINITION AND SOURCES OF LAWEFFECT AND PUBLICATION OF THE CODES, AND THE EXPRESS REPEAL OF STATUTES.

PART V.

OF THE DEFINITION AND SOURCES OF LAWEFFECT AND PUBLICATION OF THE CODES, AND THE EXPRESS REPEAL OF STATUTES.

Title I.

II.

III.

Definition and Sources of the Law, §§ 4466-4468.
Effect of the Codes, §§ 4478-4484.

Publication of the Codes, and Statutes Continued
in Force, § 4494.

IV. Express Repeal of Statutes, §§ 4504, 4505.

[blocks in formation]

of the will of the supreme power of the state. En. March 12, 1872.

Cal.Rep. Cit. 47, 480.

§ 4467. How expressed. The will of the supreme power is expressed:

1. By the constitution;

2. By statutes. En. March 12, 1872.

Cal.Rep.Cit. 47, 480.

§ 4468. Common law, when rule of decision. The common law of England, so far as it is not repugnant to or inconsistent with the constitution of the United States, or the constitution or laws of this state, is the rule of decision in all the courts of this state. En. March 12, 1872. Cal.Rep.Cit. 58, 471; 78, 487; 78, 566; 80, 50; 83, 518; 104, 185; 108, 592; 132, 534; 132, 535; 132, 559; 133, 125.

TITLE II.

EFFECT OF THE CODES.

Construction of the codes with relation to the laws passed

at the present session.

Laws passed at present session prevail.

§ 4478.

§ 4479. 4480.

4481.

Conflicts between titles, which to prevail.

Conflicts between chapters, which to prevail.

Construction of codes with relation to each other.

4482. § 4483. 4484.

§ 4478.

Conflicts between articles, which to prevail.

Conflicting sections of the same title, which to prevail.

Construction of the codes with relation to the laws passed at the present session. With relation to the laws passed at the present session of the legislature, The Political Code, Civil Code, Code of Civil Procedure and Penal Code, must be construed as though each had been passed on the first day of the present session. En. March 12, 1872.

Cal.Rep.Cit.

47, 128;

47, 510;

49, 274; 53, 572; 65, 299; 76, 637; 128, 261.

66, 315; 71, 16; 71, 17; Construed as though passed on first day of session, otherwise as to special title: Ante, sec. 3891.

§ 4479. Laws passed at present session prevail. If the provisions of any law passed at the present session of the legislature contravene or are inconsistent with the provisions of either of the four codes, the provisions of such law must prevail. En. March 12, 1872.

Cal.Rep.Cit. 47, 128; 47, 510; 53, 572; 71, 16; 71, 17; 93, 424.

§ 4480. Construction of codes with relation to each other. With relation to each other, the provisions of the four codes must be construed (except as in the next two sections provided) as though all such codes had been passed at the same moment of time, and were parts of the same statute. En. March 12, 1872.

Cal.Rep.Cit. 46, 608; 51, 297; 64, 230; 64, 240; 65, 298; 73, 259; 83, 397; 92, 247; 100, 327; 101, 288; 102, 520; 105, 558; 120, 639; 122, 211; 122, 237; 128, 261; 137, 15. § 4481. Conflicts between titles, which to prevail. If the provisions of any title conflict with or contravene the provisions of another title, the provisions of each title must prevail as to all matters and questions arising out of the subject-matter of such title. En. March 12, 1872.

Cal.Rep.Cit. 46, 608; 62, 487; 83, 48; 83, 397;

76, 636; 76, 637; 76, 638; 83, 455; 104, 683; 125, 481.

§ 4482. Conflicts between chapters, which to prevail. If the provisions of any chapter conflict with or contravene the provisions of another chapter of the same title, the provisions of each chapter must prevail as to all matters and questions arising out of the subject-matter of such chapter. En. March 12, 1872.

Cal.Rep.Cit. 46, 608; 62, 136; 83, 455; 113, 257.

§ 4483. Conflicts between articles, which to prevail. If the provisions of any article conflict with or contravene the provisions of another article of the same chapter, the provisions of each article must prevail as to all matters and questions arising out of the subject-matter of such article. En. March 12, 1872.

Cal. Rep.Cit. 46, 608; 83, 455; 100, 378.

§ 4484. Conflicting sections of the same title, which to prevail. If conflicting provisions are found in different sections of the same chapter or article, the provisions of the sections last in numerical order must prevail, unless such construction is inconsistent with the meaning of such chapter or article. En. March 12, 1872.

Cal.Rep.Cit. 46, 608; 62, 137; 64, 609; 65, 299; 73, 259; 76, 637; 135,

7.

TITLE III.

PUBLICATION OF THE CODES.

$4494. Codes not published as part of the statutes.

§ 4494. Codes not published as part of the statutes. The codes passed at this session of the legislature must not be published as part of the statutes passed at this session, but provision must be made by law for their publication. En. March 12, 1872.

Publication of codes: See Stats. 1872, pp. 481-484.
Publication and distribution of statutes:

318.

TITLE IV.

EXPRESS REPEAL OF STATUTES.

See ante, sec.

4504. Repeal of repealed statutes, effect of.
Express repeal of statutes to be provided for.

4505.

The re

§ 4504. Repeal of repealed statutes, effect of. peal of any statute or part of a statute heretofore repealed

« PreviousContinue »