Gambar halaman

new law, embracing all that was intended to be 435; and post, sec. 328. And similar prov! się ns preserved of the old, omitting what was not so are found in the statute law of other states: intended, became complete in itself, and re Sullivan v. People, 15 Ill. 233; Tallamon v. pealed all other law embraced within it.” And Cardenas, 14 La. Ann. 509; Witkouski v. Wit80 also People v. Lon Me, 49 Cal. 353.

kouski, 16 Id. 232; Milne v. Huber, 3 Mclean, The repeal of a repealing act does not re- 212; Smith v. Hoyt, 14 Wis. 252. vive the original act: People v. Hunt, 41 Cal. Vested rights: See sec. 8, and note,

19. Certain statutes preserved.

Sec. 19. Nothing in either of the four codes affects any of the provisions of the following statutes, but such statutes are recognized as continuing in force, notwithstanding the provisions of the codes, except so far as they have been repealed or affected by subsequent laws:

1. All acts incorporating or chartering municipal corporations, and acts amending or supplementing such acts.

2. All acts consolidating cities and counties, and acts amending or supplementing such acts.

3. All acts for funding the state debt, or any part thereof, and for issuing state bonds, and acts amending or supplementing such acts. 4. All acts regulating and in relation to rodeos. 6. All acts in relation to judges of the plains. 6. All acts creating or regulating boards of water commissioners and overseers in the several townships or counties of the state. 7. All acts in relation to a branch state prison.

8. An act for the more effectual prevention of cruelty to animals, approved March thirtieth, eighteen hundred and sixty-eight. 9. An act for the suppression of Chinese houses of ill-fame, approved March thirty-first, eighteen hundred and sixty-six.

10. An act relating to the home of the inebriate of San Francisco, and to prescribe the powers and duties of the board of managers and the officers thereof, approved April first, eighteen hundred and seventy.

11. An act concerning marks and brands in the county of Siskiyou, approved March twentieth, eighteen hundred and sixty-six.

12. An act to prevent the destruction of fish in the waters of Bolinas bay, in Marin county, approved March thirty-first, eighteen hundred and sixty-six.

13. An act concerning trout in Siskiyou county, approved April second, eighteen hundred and sixty-six.

14. An act to prevent the destruction of fish in Napa river and Sonoma creek, approved January twenty-ninth, eighteen hundred and sixty-eight.

15. An act to prevent the destruction of fish and game in, upon, and around the waters of lake Merritt, or Peralta, in the county of Alameda, approved March eighteenth, eighteen hundred and seventy.

16. An act to regulate salmon fisheries in Eel river, in Humboldt county, approved April eighteenth, eighteen hundred and fifty-nine.

17. An act for the better protection of stock-raisers in the counties of Fresno, Tulare, Monterey, and Mariposa, approved March twentieth, eighteen hundred 18. An act concerning oysters, approved April twenty-eighth, eighteen hun19. An act concerning oyster-beds, approved April second, eighteen hundred

and sixty-six.

dred and fifty-one.

and sixty-six.

20. An act concerning gas companies, approved April fourth, eighteen hun

dred and seventy.

21. An act to empower the board of supervisors of the several counties of the state to aid in the construction of a railroad in their respective counties, approved April fourth, eighteen hundred and seventy.

22. An act supplemental to the act mentioned in the preceding subdivision, approved April fourth, eighteen hundred and seventy.

23. All acts in relation to lawful fences, estrays, and the trespassing of animals upon private property.

24. An act for the relief of insolvent debtors and the protection of creditors, approved May fourth, eighteen hundred and sixty-two, and the acts amending and supplementing such act.

25. All acts in relation to taxation for local purposes.
26. All acts dividing counties into collection and assessment districts.

27. All acts allowing county, or city and county, officers to appoint deputies clerks, and subordinate officers, in so far as such acts authorize the appoint ment and fix the compensation of such deputies, clerks, and subordina officers.

Acts continued in force. The reason as last six subdivisions of the above section re signed by the code commissioners for this section will be found under the appropriate titles is, as appears from their notes: “The acts re. this code. The act referred to in subdivisio tained by this and other sections of the codes, will be found on p. 604, stats. 1868; but but not incorporated in either code, are chiefly stats. 1874, p. 499; in subdivision 9, see st: temporary in their character, and for that rea- 1866, p. 641; but see amendment, stats. 18 son ought not to have a place in a code intended p. 84; in subdivision 10, see stats. 1870, p. to be perinanent.” In the following cases the but compare stats. 1876, p. 325; in subdivi supreme court of this state has passed upon the 11, see stats. 1966, p. 332; in subdivision 12 effect of the codes upon statutes contended to stats. 1866, p. 637; in subdivision 13, see s have been continued in force by this section: 1866, p. 857; in subdivision 14, see stats. ] The provision of the Political Code, with respect p. 13; but see amendment, stats. 1871, p. to the collection of the revenue in the city and in subdivision 15, see stats. 1870, p. 325; in county of San Francisco, were deemed to have division 16, see stats. 1859, p. 298; in sul superseded existing regulations: Savings and sion 17, see stats. 1866, p. 322; in subdivisi Loan Soc. v. Austin, 46 Cal, 481. The acts see stats. 1831, p. 432; but see repealing c relative to percentage on the amount involved stats. 1874, p. 910; in subdivision 19, see in an action forming part of the costs: Whitaker 1866, p. 843; also see stats. 1874, p. 940; i v. Haynes, 49 Id. 596; to the lien on live-stock division 20, see stats. 1870, p. 815; in subd for feed or pasture furnished: Johnson v. Perry, 21, see stats. 1870, p. 746; see repealing 53 Id. 351; to the salary of the sheriff in the 1872, p. 44; 1874, p. 26; in subdivision city and county of San Francisco: Adams v. stats. 1870, p. 744. San Francisco, 50 Id. 118; and see sec. 4331, The acts referred to in subdivisi post; to the collection of licenses: Ex parte stats. 1860, p. 141, amending the acto Newton, 53 Id. 571; and to the San Francisco is reconciled with section 8+1, Civil police court: Ex parte Simpson, 47 Id. 127; by making that section applicable to were not affected by the code. Sacramento not named in the act of 1860, which is co county was held not to be existing under a muni. to be in force only in those named: Go cipal charter, within the meaning of the first Wasson, 51 Cal. 295. subdivision above: People v. Sacramento Co., Subd. 24. Insolvency: See the Code 45 Id. 692. But the consolidation act re. Procedure, in appendix. mained unaffected by the Pclitical Code: Wood Subdivision twenty-five continued v. Election Commissioners, 58 Id. 565. And see the provisions of the act of March further acts in force, sec. 4142, post.

relative to assessments for reclama The various acts to which the first seven and poses: Rec. Dis. No. 3 v. Goldman, 61 20. This act, how cited, etc.

Sec. 20. This act, whenever cited, enumerated, referred to, or may be designated simply as the Political Code, adding, when neces number of the section. Title of the act: See ante, sec. 1.

jects of the respective codes, will } “These preliminary provisions," say the euch." commissioners, “only varying to suit the sub












30 33 37 40



RESIDENCE OF SOVEREIGNTY. 30. Sovereignty resides in the people. Sec

. 30. The sovereignty of the state resides in the people thereof, and all writs and processes must issue in their name.

Sovereignty of the state. The state of sphere the state is sovereign: People v. Cole. California is an inseparable part of the Amer. man, 4 Id. 46; Sharp v. Contra Costa Co., 34 ican Union, and the constitution of the United Id. 284. This sovereignty of the people is ex: States is the supreme law of the land: Const. ercised through the medium of governmental Calu, art. 1, sec. 3. All political power is in agents—the legislature, executive, and judicial herent in the people: Id., art. 1, sec. 2.

In powers: Gibson v. Mason, 5 Nev. 291. The many important particulars the rights of the legislature most nearly represents the indepeople are assured by the organic law: Id., art. pendent sovereignty of the state: Beales v. 1, secs. 10, 19, 23. “The people in whom Amalor County, 35 Cal. 624. the sovereignty of the state is declared to re Style of all process shall be, “The People fide” means that portion of the inhabitants at of the State of California;” and all prosecutions large who are permitted to exercise the elective shall be conducted

in their

name and by their "The people for political purposes

authority: Const. Cal., art. 6, sec. 24. The leg. minust be considered as synonymous with qual. islature inay prescribe that proceedings

for vioified voters:” Blair v. Ridgely, 41 Mo. 63. lating a city ordinance may be taken in the ** Sovereignty” is a term used to express the name of the people: Pillsbury v. Brown, 47 Cal. supreme political authority of an independent 478. state or nation. Whatever rights are essential

Sovereignty in its application to nations. to the existence of this authority are rights The following is ascribed by Field to BluntsOf sovereignty: Moore v. Smaw, 17 Cal. 199; chli as the latter's enumeration of the rights of Fremont v. Flower, Id., People v. Brady, 46 sovereignty: Draft Outline for an International in this republic: Campbell's - Case, 20 Am. Dec. tution; 2. To legislate independently for its wealth v. Baldwin,

26 Ta. 33; Wendell v. Jack ister itself; 4. To choose its own officers; 5. To PM, 22, Id. 635; Jones v. Jones, 18 Id. 327; appoint and accredit

its representatives to for: People v. Herkimer , 15 řa. 379;' they having eign nations. The commissioners, speaking

of succeeded to all the rights which formerly this subject, say: "Fiore, Nouv. Dr. Int., eignty is a unit that, from its very nature

, organization as the central element of internal Sam, 9 id. 720; and it cannot be in abeyance: The right of self-preservation is evidently adSamot be divided: Warner v. Steamer Uncle sovereignty, and this is the American doctrine. People v. Folsom, 5 Id. 373. Within its own

herent in that of sovereignty, but it seems un

necessary to define it. If it were to be defined, can exercise, and beyond its jurisdic it might, perhaps, be in such mode as follows: such means as are consistent with the Every nation has the right of self-preservation, ions of this code (international code] ar to be made effectual within its territorial ju- own personal compacts.' risdiction by any means which its sovereignty


TERRITORIAL JURISDICTION OF THE STATE, 33. Territorial jurisdiction, limitations on.

Seo. 33. The sovereignty and jurisdiction of this state extends to all p within its boundaries as established by the constitution, but the extent of jurisdiction over places that have been or may be ceded to, purchased, or demned by the United States, is qualified by the terms of such cession or laws under which such purchase or condemnation has been or may be made

Boundary of the state is described in article 21, section 1, of the constitution of the s 34. Legislative consent to purchase, etc., of lands by United States for public jurisdiction over.

Seo. 34. The legislature consents to the purchase or condemnation by United States of any tract of land within this state for the purpose of erect forts, magazines, arsenals, dock-yards, and other needful buildings, upon express condition that all civil process issued from the courts of this state, a such criminal process as may issue under the authority of this state, again any person charged with crime, may be served and executed thereon in the sau mode and manner and by the same officers as if the purchase or condemnatio bad not been made. An Act concerning submarine sites for lighthouses and other aids to navigation on the coast

this state.

(Approved March 26, 1874; 1873-4, 621.) Sites for beacons, etc.

SECTION 1. Whenever the United States desire to acquire title to land belonging to the state and covered by the navigable waters of the United States, within the limits thereof, for the site of lighthouse, beacon, or other aid to navigation, and application is made by a duly authorized agent of the United States, describing the site required for one of the purposes aforesaid, then the governor of the state is authorized and empowered to convey the title to the United States, and to cede to the said United States jurisdiction over the same; provided, no single tract shall contain more than ten acres, and that the state shall retain concurrent jurisdiction so far that all process, civil or criminal, issuing under the authority of the state, may be executed by the proper officers thereof, upon any person or persons amenable to the same, within the limits of land so ceded, in like manner and to like effect as if this act had never been passed.

SEC. 2. This act shall take effect immediately. Section is founded on Stats. 1852, p. 49. soever, over such district, not exceeding ten Jurisdiction over places acquired by the miles square, as may by cession of particular United States.—Section 34 makes provision for states, and the acceptance of congress, become the service of the state's process in places ceded the seat of the government of the United States, to the United States; with respect to which pro- and to exercise like authority over all places vision, article 1, section 9, of the constitution of purchased by the consent of the legislature of the United States must be read. That section the state in which the same shall be, for the declares that congress shall have power to erection of forts, magazines, arsenals

, dockexercise exclusive legislation in all cases what yards, and other needful buildings."


GENERAL RIGHTS OF THE STATE OVER PERSONS. 37. Rights over persons enumerated.

Seo. 37. The state has the following rights over persons within its limits, to be exercised in the cases and in the manner proviled by law:

2949 et seq.

1. To punish for crime;

2. To imprison or confine for the protection of the public peace or health, or of individual life or safety;

3. To imprison or confine for the purpose of enforcing civil remedies;

4. To establish custody and restraint for the persons of idiots, lunatics, drunkards, and other persons of unsound mind;

5. To establish custody and restraint of paupers for the purposes of their maintenance;

6. To establish custody and restraint of minors unprovided for by natural guardians for the purposes of their education, reformation, and maintenance;

7. To require services of persons, with or without compensation: in military duty; in jury duty; as witnesses; as town or village officers; in highway labor; in maintaining the public peace; in enforcing the service of process; in protecting life and property from fire, pestilence, wreck and flood; and in such other cases as are provided by statute. General police of the state: See post, secs. convicts, paupers, idiots, and lunatics, and per

sons likely to become a public charge as well as What is police power of a state.—Mr. persons affected by contagious or infectious disJustice Strong, in Railroad Co. v. Husen, 95 eases; a right founded as intimated in the U.S. 465, 470, gives the following view thereof: Passenger Cases, 7 How. 283, by Mr. Justice "What that power is, it is difficult to detine Greer, in the sacred law of self-defense: Vide with sharp precision. It is generally said to 3 Saw. 283. The same principle, it may also extend to making regulations promotive of be conceded, would justify the exclusion of propdomestic order, morals, health, and safety. As erty dangerous to the property of citizens of was said in Thorp v. Rutland and Burling- the state; for example, animals having contaton R. R. Co., 27 Vt. 149, “it extends to the gious or infectious diseases. All these exertions protection of the lives, limb, health, comfort, of power are in immediate connection with the and quiet of all persons, and the protection of protection of persons and property against noxall property within the state. According to ious acts of other persons, or such a use of propthe maxim, Sic utere tuo ut alienum non lædlas, erty as is injurious to the property of others. which being of universal application, it must of They are self-defensive. But whatever may be course be within the range of legislative action the nature and reach of the police power of a to define the mode and manner in which every state, cannot be exercised over a subject con. one may so use his own as not to injure others.' fided exclusively to congress by the federal It was further said by the general police power constitution. It cannot invade the domain of of a state: “Persons and property are subjected the national government.' Cooley, in chapter to all kinds of restraints and burdens in order 14, sections 572 et seq., of his Constitutional to secure the general comfort, health, and pros. Limitations, contributes valuable learning upon perity of the state; of the perfect right of the this general subject. legislature to do which no question ever was, While recognizing the general power of the or upon acknowledged general principles ever legislature to forbid the entrance of immigrants can be, made, so far as natural persons are con that will be manifestly a burden to the commucerned.' It may also be admitted that the po- nity, yet it has no authority to impose restric, lice powers of a state justifies the adoption of tions upon the entrance of healthy, able-bodied precautionary measures against social evils. men: State v. Steamship Constitution, 42 Cal. Under it a state may legislate to prevent the 578. spread of crime, or pauperism, or disturbance See post, sec. 2949, and note, in regard to of the peace. It may exclude from its limits state regulations concerning immigrants.


Sec. 40. The original and ultimate right to all property, real and personal, within the limits of this state, is in the people thereof. State ownership of realty and person.

owners of all lands within the state: Wendell alty within its limits results from

the adoption v. Jackson, 22 Am. Dec. 633. See note on of the idea that the people of this country suc

“Escheat,” referred to under next section; and ceeded to all the rights attaching to the king see Civ. Code, sec. 670. of Great Britain. The people are the ultimate

Eminent domain: See post, sec. 44.

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