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. Title and divisions of this act.

§ 1. TITLE AND DIVISIONS OF THIS ACT. This act shall be known as The Political Code of the Sate 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 government, and legal distances of the

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.

Enacted March 12, 1872.

As to all codes one statute, see, post, § 4480 and note.

As to amending sections of code, see Kerr's Small Civ. Code. (1923 edition), § 1 and note.

As to construction of code, in general, see, post, §§ 4, 4478 et seq. and notes.

As to retroactive effect not given to statute unless expressly so declared, see, post, 3 and note and corresponding sections in Kerr's Small Civ. Code, § 3: Code of Civ. Proc., § 3; Pen. Code (2d ed.), § 3 and notes.

§ 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.

Enacted March 12, 1872.

As to all the codes being one system of laws, see Lewis v. Dunne, 134 Cal. 291, 294, 86 Am. St. Rep. 257, 55 L. R. A. 833, 66 Pac. 478.

As to codes considered as passed on first day of session of legislature at term when adopted, see, post, § 4478 and note.

As to effect of codes, generally, see, post, § 4478 et seq. and notes.

As to publication of codes, see, post, § 4494 and note.

As to statutes prevailing over codes where passed at same session of legislature at which codes adopted, see Kerr's Small Civ. Code (1923 edition), § 2 and note.

§ 3. NOT RETROACTIVE. No part of it is retroactive, unless expressly so declared.

Enacted March 12, 1872.

As to adverse possession, effect of, amendments to code, see Kerr's Small Code Civ. Proc. (1923 edition), §§ 318, 320.

As to change of construction by decision of supreme court of state, see Kerr's Small Civ. Code (1923 edition), § 3.

As to changing forms of procedure in criminal actions, see Kerr's Small Pen. Code (1923 edition), § 3.

As to community property, provided for in § 164 Civil Code, not retroactive, see Kerr's Small Civ. Code (1923 edition), § 164.

As to constitutionality of statutes, see note, 16 L. R. A. 646.

As to ex post facto laws, see Kerr's Small Pen. Code (1923 edition), § 3 and note; also note, 37 Am. St. Rep. 582.

As to republication of portions of act enlarged and modified by amendment, effect of, etc., see, post, § 335.

As to retrospective statutes, when valid, see notes 6 Am. Dec. 730: 10 Am. Dec. 131. As to 2955 Civil Code not having retroactive effect, see Kerr's Small Civ. Code (1923 edition), § 2958 and note.

As to title to lands used as public cemetery, etc., see. post, § 3105 and note.

As to vested interest not absolute in time for commencement of action, see Kerr's Small Code Civ. Proc. (1923 edition), § 3 and note.

As to vested rights, see, post, § 8.

As to when code is silent, common law governs, see Kerr's Small Civ. Code (1923 edition), § 3.

§ 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.

Enacted March 12, 1872.

As to construction of codes, in general, see, post, § 4478 and note.

As to construction of statutes, common-law rule, see Kerr's Small Civ. Code (1923 edition), § 4.

As to liberal construction, meaning of term, see Kerr's Small Civ. Code (1923 edition), § 4 and note.

As to law of state established by codes, see Kerr's Small Civ. Code (1923 edition), § 4 and note.

As to meaning of clause "with a view to effect its object and to promote Justice," see Kerr's Small Civ. Code (1923 edition), § 4 and note.

As to statutes, sufficiently of enacting clause, etc., see Lewis v. Dunne, 134 Cal. 291, 26 Am. St. Rep. 257, 55 L. R. A. 833, 66 Pac. 257; also note 64 Am. St. Rep. 7.

§ 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.

Enacted March 12, 1872.

As to conflicting provisions of code and ascertainment of intention of legislature, see, post, § 4481 and note.

note.

As to pilot commissioners, right to possession of office, etc., see, post, § 368 and

§ 6. TENUre of offICE 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 [offices] which are not continued by one of the codes adopted at this session of the legislature, and excepting offices filled by appointment.

Enacted March 12, 1872; amendment approved March 30, 1874, Code Amdts, 1873-4. pp. 3, 4. As to offices, resignation, vacancies, etc., see, post, § 995 et seq. and notes.

As to powers and duties of governor to supply vacancies, see, post, § 380, subd. 3, and note.

note.

As to tenure of office, holding over until successor appointed, see, post, § 879 and

As to vacancies, how occurring, see, post, § 996 and note.

As to vacancy, officer filling unexpired term, see, post, § 1004 and note.

§ 7. CONSTRUCTION OF REPEAL AS TO CERTAIN OFFICERS. When any office is abolished by the repeal of any act, and such act is not in substance reenacted or continued in either of the four codes, such office ceases at the time the code takes effect.

Enacted March 12, 1872.

As to repeal of statutes, etc., see, post, § 18 and note.

As to tenure of office, see, ante, § 6, par. 1; post, § 879 and note.

§ 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.

Enacted March 12, 1872.

As to actions in general, see Kerr's Small Code Civ. Proc. (1923 edition), § 307 and note.

As to action commenced before code takes effect, see similar provision in Kerr's Small Code Civ. Proc. (1923 edition), § 8 and note.

As to contract not subject to be impaired by act of legislature or decision of courts altering construction of law, general rule as to, see Kerr's Small Civ. Code (1923 edition), 3 and note.

As to conveyances void as against subsequent purchaser, etc., where not registered, see Kerr's Small Civ. Code (1923 edition), § 1214 and note.

As to criminal actions commenced before code takes effect, see Kerr's Small Pen. Code Civ. Proc. (1923 edition), § 8 and note.

As to criminal offenses, committed before code went into effect, see Kerr's Small Pen. Code (1923 edition), § 6 and note.

As to homestead laws, when impairing obligation of contracts, see note 78 Am. Dec. 464.

As to marriage, vested rights arising out of, see note 84 Am. St. Rep. 437.

As to remedial rights, see Kerr's Small Code Civ. Proc. (1923 edition), § 8 and note. As to right of appeal, see Kerr's Small Code Civ. Proc. (1923 edition), § 939 and note. As to recording acts, in general, see Kerr's Small Civ. Code (1923 edition), §§ 1213, 1218 and notes.

As to statute of limitations, vested right not existing in running of, see, post, § 9 and note.

As to swamp and overflowed lands, vested rights in, see, post. § 3442 et seq.

and notes.

Amendment of code-Repeal of measure-Pending actions not affected under provisions of above section '; but the provisions of § 18, post, providing that repeal or abrogation of a statute by the code, "does not revive any former law heretofore repealed, nor does it affect any right already existing or accrued, or any action or proceeding already taken, except as in this code provided," does not constitute a saving clause applicable

1 Continental Oil Co. v. Montana Concrete Co., 63 Mont. 223, 207 Pac. 116.