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THE POLITICAL CODE

OF THE

STATE OF CALIFORNIA.

AN ACT TO ESTABLISH A POLITICAL CODE.

[Approved March 12, 1872.)

The people of the state of California, represented in senate and assembly, do enact as follows:

TITLE OF THE ACT. $1. This act shall be known as The Political Code of the state of California, and is divided into five parts, as follows: Part I. Of the sovereignty and people of the state, and

of the political rights and duties of all persons

subject to its jurisdiction.
II. Of the chief political divisions, seat of govern-

ment, and legal distances of the state.
III. Of the government of the state.
IV. Of the government of counties, cities and towns.
V. Of the definition and sources of law; the common

law; the publication and effect of the codes;
and the express repeal of statutes. En. March

12, 1872. Mode of citing: Post, sec. 20.

OF THE

STATE OF CALIFORNIA,

PRELIMINARY PROVISIONS.

2. When code takes effect.
3. Not retroactive.
4. Construction of the Political Code.

5. Provisions similar to existing laws, how construed.
$ 6. Tenure of offices preserved.
$ 7. Construction of repeal as to certain offices

8. Actions, etc., not affected by this code. § 9. Limitations shall continue to run. $ 10. Holidays. $ 11.

Same. $ 12. Computation of time. 8 13.

Certain acts not to be done on holidays. $ 14. Seal defined. $ 15.

Joint authority. $ 16.

Words and phrases. $ 17.

Certain terms used in this code defined. $18.

Statutes, laws or rules inconsistent with code repealed. $ 19.

Certain statutes preserved. $ 20.

This act, how cited, etc. $ 2. When code takes effect. This code takes effect at twelve o'clock, noon, of the first day of January, eighteen hundred and seventy-three. En March 12, 1872.

Same provision: Sec. 2 of the other codes.

Existing enactments—and proceedings, how effected: Post, secs. 8, 18.

Effect of the codes: Post, secs. 3-19 inclusive, and secs. 4478-4484.

Publication of the codes: Post, sec. 4494
Operation of statutes: Post, secs. 323-330.
Promulgation of statutes: Post, secs. 318, 526-528.

$ 3. Not retroactive. No part of it is retroactive, unless expressly so declared. En. March 12, 1872.

Cal.Rep.Cit. 74, 555; 98, 438; 106, 680; 116, 522.
Same provision: Sec. 3 of the other codes.
Accrued rights-not affected: Post, secs. 8, 18.
Impairing vested rights: See post, sec. 8.

$ 4. Construction of the Political Code. The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. . The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice. En. March 12, 1872.

Cal.Rep.Cit. 49, 274; 105, 558; 132, 535.
Similar provision: Sec. 4 of the other codes.

$5. Provisions similar to existing laws, how construed. The provisions of this code, so far as they are substantially the same as existing statutes, must be construed as continuations thereof, and not as new enactments. En. March 12, 1872.

Cal.Rep.Cit. 76, 636.
Similar provision: Sec. 5 of the other codes.

$ 6. Tenure of offices preserved. All persons who, at the time this code takes effect, hold office under any of the acts repealed, continue to hold the same according to the tenure thereof, except those officers which are not conLinued by one of the codes adopted at this session of the legislature, and excepting offices filled by appointment. En. March 12, 1872. Am'd. 1873-4, 3.

Cal.Rep.Cit. 49, 411.
Similar provision: Code Civ. Proc., sec. 6.
Offices not continued-by codes: Post, sec. 7.

87. Construction of repeal as to certain offices. When any office is abolished by the repeal of any act, and such act is not in substance re-enacted or continued in either of the four codes, such office ceases at the time the codes take effect. En. March 12, 1872.

Same provision: Code Civ. Proc., sec. 7.
Repeals by implication: See post, sec. 18.

$8. Actions, etc., not affected by this code. No action or proceeding commenced before this code takes effect, and no right accrued, is affected by its provisions, but the proceedings therein must conform to the requirements of this code as far as applicable. En. March 12, 1872.

Similar provisions: Civ. Code, sec. 6; Code civ. Proc., sec. 8; Pen. Code, sec. 6.

$ 9. Limitations shall continue to run. When a limitation or period of time prescribed in any existing statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this code goes into effect, and the same or any limitation is prescribed in this code, the time which has already run shall be deemed part of the time prescribed as such limitation by this code. En. March 12, 1872. Am'd. 1873-4, 1.

Same provision: Code Civ. Proc., sec. 9.

Limitations of civil actions: See Code Civ. Proc., secs. 312-363.

§ 10. Holidays. 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. 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. En. March 12, 1872. Am'd. 1880, 49; 1889, 47; 1893, 187; 1897, 13.

Similar provisions: Civ. Code, sec. 7; Code Civ. Proc., sec. 10.

$ 11. Same. If the first day of January, the twentysecond day of February, the fourth day of July, or the twenty-fifth day of December fall upon a Sunday, the Monday following is a holiday. En, March 12, 1872. Am'd. 1873-4, 2.

Similar provisions: Civ. Code, secs. 7, 8; Code Civ, Proc., secs. 10, 11.

Holidays, when counted: See sec. 13.

8 12. Computation of time. The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded. En, March 12,

Cal.Rep.Cit. 114, 483; 131, 594.

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