Like provision-in subd. 5. Code Civ. Proc., sec. 340, § 4455. On the certificate of the presiding officer, or of the Clerk of the Court in which the judg ment is rendered, the Board of Supervisors of the county or the legis.ative authority of the city must by ordinance direct and cause to be issued a warrant for the payment thereof on the General Fund, and the same must be paid in its regular order, as other warrants of the municipal corporation are paid; and must at the proper times levy and cause to be collected a tax on the taxable property of such municipal corporation for the payment of such warrant within a period of not more than three years. Basis of section-Stats. 1868, p. 419. § 4456. The plaintiff in any action authorized by this title must not recover if it appears upon the trial that the damage complained of was occasioned or in any manner aided, sanctioned or permitted by his carelessness or negligence. § 4457. The provisions of this title and chapter are applicable to cases where the levees and other works of reclamation of any district are injured or destroyed by mobs or riots; and the actions brought for damages therefor must be prosecuted by the Attorney General of the State, in the name of the people of the State of California, and the amount recovered in such actions must be paid to the Treasurer of the county, who must place the same to the credit of the district. [New section approved March 30, 1874; amendments 1873-4, p. 59. In effect July 6, 1874.] Section added-by amdts. 1874. PART V. OF THE DEFINITION AND SOURCES OF LAW CODES, AND THE EXPRESS REPEAL OF PART V. OF THE DEFINITION AND SOURCES OF LAW-EFFECT AND PUBLICATION OF THE CODES, AND THE EXPRESS REPEAL OF STATUTES. Title I. II. III. Definition and Sources of the Law. Publication of the Codes, and Statutes IV. Express Repeal of Statutes. TITLE I. DEFINITION 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. (952) TITLE II. EFFECT OF THE CODES. § 4478. Construction of the Codes with relation to the laws passed at the present session. § 4479. § 4480. § 4481. § 4482. Laws passed at present session prevail. Construction of Codes with relation to each other. Conflicts between Titles, which to prevail. Conflicts between Chapters, which to prevail. Conflicts between Articles, which to prevail. § 4484. Conflicting sections of the same Title, which to pre 4483. vail. § 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. Construed as though passed on first day of session-otherwise as to special title, sec. 3891. § 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. § 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. § 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. § 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 session, but provision must be made by law for their publication. Publication of Codes-see Stats. 1872, pp. 481 484. Publication and distribution of sec. 318. Statutes-see 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. § 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. |