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. between which to 4483. If the provisions of any Article conflict with Conflicts or contravene the provisions of another Article of the Articles, same Chapter, the provisions of each Article must prevail. prevail as to all matters and questions arising out of the subject matter of such Article. sections of same which to 4484. If conflicting provisions are found in differ- Conflicting ent sections of the same Chapter or Article, the pro- the visions of the sections last in numerical order must prevail, unless such construction is inconsistent with the meaning of such Chapter or Article. prevail. SECTION 4494. Codes not published as part of the statutes. 4494. The Codes passed at this session of the Legislature must not be published as a part of the statutes passed at this session, but provision must be made by law for their publication. Codes not as part of published the statutes TITLE IV. EXPRESS REPEAL OF STATUTES. SECTION 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 Repeal of repealed statutes not to imply that they were in force. 4505.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 The repeal of any statute or part of a statute heretofore repealed must not be construed as a decla Repeal of repealed statutes not to imply that they were ration, express or by implication, that such statute or in re part of a statute has been in force at any time subse quent 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. AN ACT providing for the Removal of Civil Officers, for a violation of Enacting Clause, ] SECTION 1. Any member of any Board of Directors, Board of Commissioners, or other Board of Officers, State, city, county, or district, or other person who has been elected or appointed, or who shall here-i after be elected or appointed to hold, control, build, or manage any public building of the State, or of any county, city, or city and county, in this State, or to hold, control, manage or disburse any of the public funds of this State, or of any county, city, or city and county in this State, or any person acting by, through, or under the authority of any such Board of Directors, Board of Commissioners, or other Board of Officers, or other persons, as aforesaid, or any other officer in the State who shall be guilty of a willful violation of any of the provisions of the statute under which he or they were, or may be hereafter elected or appointed, or of any other statute or statutes of this State prescribing or defining their duties and powers, or passed for their government and control, or who shall be guilty of any other willful violation of official duty, shall be deprived of his office, and otherwise punished, in accordance with the provisions of section two of this Act. SEC. 2. Whenever any complaint in writing, duly verified by the oath of any complainant, shall be presented to the District Court, alleging that any of the officers, or other persons referred to in section one of this Act, have, within the jurisdiction of said Court, been guilty of a violation of the provisions of said section, or of any other statuie or statutes of this State which have been, or may hereafter be, passed for their government and control, or prescribing or defining their duties and powers, it shall be the duty of said Court to cite the party or parties charged to appear before him on a certain day, not more than ten nor less than five days from the time when said complaint shall be presented; and on that day, or some subsequent day. not more than twenty days from that on which said complaint is pre sented, shall proceed to hear, in a summary manner, the complaint and evidence offered in support of the same, and the evidence offered by the party or parties complained of; and if in such hearing it shall ap pear that the charge or charges contained in said complaint are susplaint are sustained, the Court shall enter a decree that said party or parties complained of shall be deprived of his or their office or position and shall enter judgment for one hundred dollars in favor of the complainant, and for such costs as are allowed in civil cases. SEC. 3. This Act shall not be construed to repeal or impair the provisions of any other Act concerning officers in force at the time of the passage hereof, but shall be construed to be a cumulative remedy for the enforcement of official duty, and not otherwise. [Approved March 30, 1874. Effect immediately.] AN ACT to prevent the Sale of Intoxicating Beverages on Election Days. SECTION 1. It shall not be lawful for any person or persons keeping a public house, saloon, or drinking place, either licensed or unlicensed, to sell, give away, or furnish spirituous or malt liquors, wine, or any other intoxicating beverages, on any part of any day set apart, or to be set apart, for any general or special election, by the citizens, in any election district or precinct in any of the counties within the State, where an election is in progress, during the hours when by law in said district or precinct the election polls are required to be kept open. SEC. 2. Any person or persons violating the provisions of this Act, shall be deemed guilty of a misdemeanor. SEC. 3. This Act shall take effect from and after its passage. [Approved March 7, 1874.] 541= NOTE. In many of the notes to THE PENAL CODE it is said that the Acts of 1872, amendatory of Acts existing prior to the adoption of the Code, were void under Section 330 of the Political Code. This is an incorrect expression; the statutes so existing, as also the Acts of 1872, amendatory, etc., thereof, constitute the law for all purposes, prior to January 1st, 1873, when the Code goes into effect, and will remain the preëxisting law. The Code taking effect January 1st, 1873, supersedes them at that time, but they are not void.-Eds. |