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RAILROAD LAW OF EIGHTEEN HUNDRED AND SIXTY-ONE.

Proviso.

members of the Board of Supervisors, the Common Council, or other similar local authority of said city and county; provided, that the provisions of this section shall in no wise affect any special grant heretofore made by the Legislature, of the right to construct and maintain street passenger railroads in any city, or city and county, of this State; and, provided, that nothing in this Act shall be so construed as to exempt any railroad company heretofore organized, or that may hereafter be organized, under the Act of which this Act is amendatory and to which it is supplemental, from paying to the State the value of any lands or waters within the limits of any city, or city and county, or within three miles thereof, belonging to the State, and used by such company. The restrictions provided in this section shall be in addition to the restrictions and requirements already provided by law.

SEC. 4. This Act shall take effect from and after its passage.

To take effect.

EXTRACTS FROM THE POLITICAL CODE.

PRELIMINARY PROVISIONS.

takes effect.

active.

of the Polit

laws, how construed.

SECTION 2. This Code takes effect at twelve o'clock, noon, When Codo of the first day of January, eighteen hundred and seventythree.

SEC. 3. No part of it is retroactive, unless expressly so Not retrodeclared.

SEC. 4. The rule of the common law that statutes in dero- Construction gation thereof are to be strictly construed, has no application ical Codo. 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.

SEC. 5. The provisions of this Code, so far as they are sub- Provisions stantially the same as existing statutes, must be construed as existing continuations thereof, and not as new enactments. Sec. 17. Words used in this Code in the present tense Words,

what they include the future as well as the present; words used in the include. masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular; the word "person" includes a corporation as well as a natural person; writing includes printing; oath includes affirmation or declaration; every mode of oral statement under oath or affirmation is embraced by the term “testify," and every written one in the term “depose;" signature or subscription includes mark, when the person cannot write, his name being written near it, and witnessed by a person who writes his own name as a witness. The following words, also, have in the Code the signification attached to them in this section, unless otherwise apparent in the context:

1. The word “property” includes both real and personal property;

[2.] The words "real property" are co-extensive with lands, tenements, and hereditaments;

3. The words “personal property” include money, goods, chattels, things in action, and evidences of debt;

7. The word "vessel,” when used in reference to shipping, includes ships of all kinds, steamboats and steamships, canal boats, and every structure adapted to be navigated from place

to place. Statutes, SEC. 18. No statute, law, or rule is continued in force laws, or rules inconsistent because it is consistent with the provisions of this Code on repealed. the same subject, but in all cases provided for by this Code

all statutes, laws, and rules heretofore in force in this State, whether consistent or not with the provisions of this Code, unless expressly continued in force by it, are repealed and abrogated. This repeal or abrogation 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; nor does it affect any private statute not expressly repealed.

PART I.

TITLE I.

SOVEREIGNTY OF THE STATE.

CHAPTER II.

TERRITORIAL JURISDICTION OF THE STATE.

on.

Territorial

SECTION 33. The sovereignty and jurisdiction of this State jurisdiction, limitations extends to all places within its boundaries as established by

the Constitution, but the extent of such jurisdiction over places that have been or may be ceded to, purchased or condemned by the United States, is qualified by the terms of such cession or the laws under which such purchase or condemnation has been or may be made.

CHAPTER IV.

GENERAL RIGHTS OF THE STATE OVER PROPERTY.

and ultimate

SECTION 40. The original and ultimate right to all prop- Original erty, real and personal, within the limits of this State, is in title. the people thereof.

SEC. 42. If any person, under any pretense of any claim Intruders on inconsistent with the sovereignty and jurisdiction of the State, of state. intrudes upon any of the waste or ungranted lands of the State, the District Attorney of the county must immediately report the same to the Governor, who must thereupon, by a written order, direct the Sheriff of the county to remove the intruder; and if resistance to the execution of the order is made or threatened, the Sheriff may call to his aid the power of the county, as in cases of resistance to the writs of the people.

SEC. 43. The State may acquire property by taxation in hy taxation the modes authorized by law.

SEC. 44. It may acquire, or authorize others to acquire, By right of title to property, real or personal, for public use, in the domain. cases and in the mode provided in title seven, part three, of the Code of Civil Procedure.

and assessment.

TITLE III.

SECTION 54. Every person while within this State is sub- All persons ject to its jurisdiction and entitled to its protection.

within the State subject to its jurisdiction.

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When statutes

amendment.

SECTION 323. Every statute, unless a different time is take effect. prescribed therein, takes effect on the sixtieth day after its

passage. Effect of SEC. 325. Where a section or part of a statute is amended,

it is not to be considered as having been repealed and reenacted in the amended form; but the portions which are not altered are to be considered as having been the law from the time when they were enacted, and the new provisions are to be considered as having been enacted at the time of the

amendment. Construction SEC. 326. The general rules for the construction of statutes of statutes.

are contained in the preliminary provisions of the different

Codes, Repeal of SEC. 327. Any statute may be repealed at any time, except statutes.

when it is otherwise provided therein. Persons acting under any statute are deemed to have acted in contemplation of

this power of repeal. Act repealed SEC. 328. No Act or part of an Act, repealed by another by repeal of Act of the Legislature, is revived by the repeal of the repealing repealing

Act without express words reviving such repealed Act or part

of an Act. Repeal Sec. 329. The repeal of any law creating a criminal offense creating does not constitute a bar to the indictment and punishment of criminal offenses, an act already committed in violation of the law so repealed, effect of.

unless the intention to bar such indictment and punishment

is expressly declared in the repealing Act. Amendatory SEC. 330. An Act amending a section of an Act repealed when void. is void.

Act.

of laws

Act,

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