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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. §§ 4466-4468.
II. EFFECT OF THE CODES. §§ 4478-4484.

III.

PUBLICATION OF THE CODES, AND STATUTES CONTINUED
IN FORCE. § 4494.

IV. EXPRESS REPEAL OF STATUTES. §§ 4504, 4505.

(1321)

§ 4466.

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§ 4467.
§ 4468.

How expressed.

Common law, when rule of decision.

Definition of law. Law is a solemn expression of the will of

the supreme power of the state.

Legislation § 4466. Enacted March 12, 1872.

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

2. By statutes.

Legislation § 4467. Enacted March 12, 1872.

§ 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.

Legislation § 4468. Enacted March 12, 1872; based on Stats. 1850, p. 219, c. 95.

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.

Construction of codes with relation to each other.
Conflicts between titles, which to prevail.

§ 4482.

Conflicts between chapters, which to prevail.

Conflicts between articles, which to prevail.

§ 4483. § 4484.

Conflicting sections of the same title, which to prevail.

§ 4478. 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.

Construed as though passed on first day of session; otherwise as to special title: Ante, § 3891.

Legislation § 4478. Enacted March 12, 1872.

§ 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.

Legislation § 4479. Enacted March 12, 1872.

§ 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.

Legislation § 4480. Enacted March 12, 1872.

§ 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.

Legislation § 4481. Enacted March 12, 1872.

§ 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.

Legislation § 4482. Enacted March 12, 1872.

§ 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

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