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PART V.

OF THE DEFINITION AND SOURCES OF LAW-EFFECT
AND PUBLICATION OF THE CODES, AND THE EX-
PRESS REPEAL OF STATUTES.

TITLE I. DEFINITION AND SOURCES OF THE LAW.
II. EFFECT OF THE CODES.

III. PUBLICATION OF THE CODES, AND STATUTES

CONTINUED IN FORCE.

IV. EXPRESS REPEAL OF STATUTES.

TITLE I.

DEFINITION AND SOURCES OF THE LAW.

SECTION 4466. Definition of law.

4467. How expressed.

4468. Common law, when rule of decision.

4466. Law is a solemn expression of the will of Definition the supreme power of the State.

of law.

expressed.

4467. The will of the supreme power is expressed: How 1. By the Constitution;

2. By statutes.

law, when

rule of

decision.

4468. The common law of England, so far as it is Common 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.

NOTE.-Act of April 18th, 1850; Stats. 1850, p. 219.

Construc

tion of the

relation to the laws passed at

TITLE II.

EFFECT OF THE CODES.

SECTION 4478. Construction of the Codes with relation to the laws passed at the present session.

4479. Laws passed at present session prevail.

4480. Construction of Codes with relation to each other.

4481. Conflicts between Titles, which to prevail.

4482. Conflicts between Chapters, which to prevail.

4483. Conflicts between Articles, which to prevail.

4484. Conflicting sections of the same Title, which to prevail.

4478. With relation to the laws passed at the

Codes with present session of the Legislature, THE POLITICAL CODE, CIVIL CODE, CODE OF CIVIL PROCEDURE, and the present PENAL CODE, must be construed as though each had been passed on the first day of the present session.

session.

Laws

passed at present session prevail.

Construction of

relation to

4479. 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.

4480.

NOTE. This section is but another form of stating the proposition contained in the preceding one. It is placed here not because it is necessary, but to convey to the layman the idea which the preceding section conveys to the professional reader.

With relation to each other, the provisions Codes with of the four Codes must be construed (except as in the each other. 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.

Conflicts between Titles,

which to prevail.

Conflicts

between Chapters, which to prevail.

4481. 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.

4482. 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.

between

which to

4483. If the provisions of any Article conflict with Conflicts or contravene the provisions of another Article of the Articles, same Chapter, the provisions of each Article must prevail. prevail as to all matters and questions arising out of the subject matter of such Article.

sections of

Title,

which to

4484. If conflicting provisions are found in differ- Conflicting ent sections of the same Chapter or Article, the pro- the same visions of the sections last in numerical order must prevail, unless such construction is inconsistent with the meaning of such Chapter or Article.

prevail.

TITLE III.

PUBLICATION OF THE CODES.

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

4494. 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.

NOTE. It was the first intention of the Commission to have provided under this Title for the publication of the Codes; but it was, after reflection, deemed advisable to present a bill for that purpose. As soon as the publication is made such provisions would have no office to perform, and ought not, for that reason, to be made part of a work intended to be permanent. Such bill was prepared, passed, approved on the 22d of March, 1872, and published on pp. 481-484 of the Stats. 1871-2. Under Sec. 13 of this Act the Codes are published under the supervision of the Commission.

35-VOL. II.

Codes not as part statutes.

published

of the

Repeal of repealed

to imply that they were in force.

TITLE IV.

EXPRESS REPEAL OF STATUTES.

SECTION 4504. Repeal of repealed statutes not to imply that they were

in force.

4505. Express repeal of statutes to be provided for.

4504. The repeal of any statute or part of a statstatutes not ute heretofore repealed must not be construed as a declaration, express or by implication, that such statute or part of a statute has been in force at any time subsequent to such first repeal.

Express repeal of

statutes to be provided for.

4505. The express repeal of statutes will be provided for by a separate statute, and such statute, after its passage, must be construed in the same manner, and must have like effect as if it were part of this Code.

NOTE. The bill here mentioned was prepared and presented to the Legislature, but failed of passage under the rules.-See note to this section in Vol. II, Civil Code, p. 590.

Approved March 12th, 1872.

NEWTON BOOTH,

Governor.

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