PART V.. OF THE DEFINITION AND SOURCES OF LAW-EFFECT AND PUBLICATION OF THE CODES, AND THE EXPRESS REPEAL OF STATUTES. TITLE I. DEFINITION AND SOURCES OF THE LAW. II. EFFECT OF THE CODES. III. PUBLICATION OF THE CODES, AND STATUTES CON- IV. EXPRESS REPEAL OF STATUTES. TITLE I. Dennition and Sources of the Law. $ 4466. Definition of law. § 4467. How expressed.. $4468. Common law, when rule of decision. 4466. Law is a solemn expression of the will of the supreme power of the State. 4467. The will of the supreme power is expressed: 1. By the Constitution; 2. By statutes. 4468. 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. Basis of section-Stats. 1850, p. 219. TITLE II. Effect of the Codes. $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 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. Section cited and applied-49 Cal. 273-4. Construed as though passed on first day of session-otherwise as to special title, see § 3891. Material bearing on section-and next, of sections 18 and 19 of this Code, see 47 Cal. 128. 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. Section affected-as well as preceding one, by $$ 18, and 19 ante, 47 Cal. 128. Laws of session of 1871-2 must prevail-over Codes adopted at same session, 47 Cal. 489. 4480. 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. Conflict of Codes-construction to give effect to both, 51 Cal. 297; see further, Effect to all portions, under Construction of Statutes, $ 4n. 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. Title of Act as aid to construction, see under Construction of Statutes, § 4n. 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. 4483. 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. 4484. 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. TITLE III. Publication of the Codes. $ 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 Bession, but provision must be made by law for their publication. Publication of Codes-see Stats. 1872, p. 481. Publication and distribution of Statutes--see § 318 and notes. TITLE IV. Express Repeal of Statutes. $ 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 statute 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. Repealing Statutes-and Repeals by Implication, § 18, notes. 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. Approved March 12th, 1872. NEWTON BOOTH, Governor. |