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new law, embracing all that was intended to be
The repeal of a repealing act does not re-
435; and post, sec. 328. And similar provisions
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are recognized as continuing in force, notwithstanding the provisions of the codes, except so far as they have been repealed or affected by subsequent laws: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.
5. 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 and sixty-six.
18. An act concerning oysters, approved April twenty-eighth, eighteen hundred and fifty-one.
19. An act concerning oyster-beds, approved April second, eighteen hundred
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 appointment and fix the compensation of such deputies, clerks, and subordinate officers.
Acts continued in force.-The reason assigned by the code commissioners for this section is, as appears from their notes: "The acts retained by this and other sections of the codes, but not incorporated in either code, are chiefly temporary in their character, and for that reason ought not to have a place in a code intended to be permanent." In the following cases the supreme court of this state has passed upon the effect of the codes upon statutes contended to have been continued in force by this section: The provision of the Political Code, with respect to the collection of the revenue in the city and county of San Francisco, were deemed to have superseded existing regulations: Savings and Loan Soc. v. Austin, 46 Cal, 481. The acts relative to percentage on the amount involved in an action forming part of the costs: Whitaker v. Haynes, 49 Id. 596; to the lien on live-stock for feed or pasture furnished: Johnson v. Perry, 53 Id. 351; to the salary of the sheriff in the city and county of San Francisco: Adams v. San Francisco, 50 Id. 118; and see sec. 4331, post; to the collection of licenses: Ex parte Newton, 53 Id. 571; and to the San Francisco police court: Ex parte Simpson, 47 Id. 127; were not affected by the code. Sacramento county was held not to be existing under a municipal charter, within the meaning of the first subdivision above: People v. Sacramento Co., 45 Id. 692. But the consolidation act remained unaffected by the Political Code: Wood v. Election Commissioners, 58 Id. 565. And see further acts in force, sec. 4442, post.
The various acts to which the first seven and
last six subdivisions of the above section refer will be found under the appropriate titles in this code. The act referred to in subdivision 8 will be found on p. 604, stats. 1868; but see stats. 1874, p. 499; in subdivision 9, see stats. 1866, p. 641; but see amendment, stats. 1874, p. 84; in subdivision 10, see stats. 1870, p. 585; but compare stats. 1876, p. 325; in subdivision 11, see stats. 1866, p. 332; in subdivision 12, see stats. 1866, p. 637; in subdivision 13, see stats. 1866, p. 857; in subdivision 14, see stats. 1868, p. 13; but see amendment, stats. 1871, p. 441; in subdivision 15, see stats. 1870, p. 325; in subdivision 16, see stats. 1859, p. 298; in subdivision 17, see stats. 1866, p. 322; in subdivision 18, see stats. 1851, p. 432; but see repealing clause, stats. 1874, p. 940; in subdivision 19, see stats. 1866, p. 84S; also see stats. 1874, p. 940; in subdivision 20, see stats. 1870, p. 815; in subdivision 21, see stats. 1870, p. 746; see repealing acts, 1872, p. 44; 1874, p. 26; in subdivision 22, see stats. 1870, p. 744.
The acts referred to in subdivision 23, stats. 1860, p. 141, amending the act of 1850, is reconciled with section 841, Civil Code, by making that section applicable to counties not named in the act of 1860, which is construed to be in force only in those named: Gonzales v. Wasson, 51 Cal. 295.
Subd. 24. Insolvency: See the Code of Civil Procedure, in appendix.
Subdivision twenty-five continued in force the provisions of the act of March 28, 1868, relative to assessments for reclamation purposes: Rec. Dis. No. 3 v. Goldman, 61 Cal. 205.
20. This act, how cited, etc.
SEC. 20. This act, whenever cited, enumerated, referred to, or amended, may be designated simply as the Political Code, adding, when necessary, the number of the section.
jects of the respective codes, will be found in each."
Title of the act: See ante, sec. 1.
"These preliminary provisions," say the commissioners, "only varying to suit the sub
OF THE SOVEREIGNTY AND PEOPLE OF THE STATE, AND OF THE POLITICAL RIGHTS AND DUTIES OF ALL PERSONS SUBJECT TO ITS JURISDICTION.
TITLE I. SOVEREIGNTY OF THE STATE....
II. PERSONS COMPOSING THE PEOPLE OF THE STATE.....
III. POLITICAL RIGHTS AND DUTIES OF ALL PERSONS SUBJECT TO THE JURISDICTION OF THE STATE...
SOVEREIGNTY OF THE STATE.
CHAPTER I. RESIDENCE OF SOVEREIGNTY...
II. TERRITORIAL JURISDICTION OF THE STATE....
III. GENERAL RIGHTS OF THE STATE OVER PERSONS..
RESIDENCE OF SOVEREIGNTY.
Sovereignty of the state. The state of California is an inseparable part of the American Union, and the constitution of the United States is the supreme law of the land: Const. Cal., art. 1, sec. 3. All political power is inherent in the people: Id., art. 1, sec. 2. In many important particulars the rights of the people are assured by the organic law: Id., art. 1, secs. 10, 19, 23. “The people in whom the sovereignty of the state is declared to reside" means that portion of the inhabitants at large who are permitted to exercise the elective "The people for political purposes must be considered as synonymous with " ified voters:' qualBlair v. Ridgely, 41 Mo. 63. "Sovereignty" is a term used to express the Supreme political authority of an independent state or nation. Whatever rights are essential to the existence of this authority are rights of sovereignty: Moore v. Smaw, 17 Cal. 199; Fremont v. Flower, Id.; People v. Brady, 40 Id. 198. Sovereignty belongs to the people in this republic: Campbell's Case, 20 Am. Dec. 360; Lansing v. Smith, 21 Id. 89; Common wealth v. Baldwin, 26 Id. 33; Wendell v. Jack Bon, 22 Id. 635; Jones v. Jones, 18 Id. 327; People v. Herkimer, 15 Id. 379; they having succeeded to all the rights which formerly belonged to the king: Same citations. Sovereignty is a unit that, from its very nature, cannot be divided: Warner v. Steamer Uncle Sam, 9 Id. 720; and it cannot be in abeyance: People v. Folsom, 5 Id. 373. Within its own
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.
sphere the state is sovereign: People v. Coleman, 4 Id. 46; Sharp v. Contra Costa Co., 34 Id. 284. This sovereignty of the people is exercised through the medium of governmental agents the legislature, executive, and judicial powers: Gibson v. Mason, 5 Nev. 291. The legislature most nearly represents the independent sovereignty of the state: Beales v. Amador County, 35 Cal. 624.
Style of all process shall be, "The People of the State of California;" and all prosecutions shall be conducted in their name and by their authority: Const. Cal., art. 6, sec. 24. The legislature may prescribe that proceedings for violating a city ordinance may be taken in the name of the people: Pillsbury v. Brown, 47 Cal. 478.
Sovereignty in its application to nations. The following is ascribed by Field to Bluntschli as the latter's enumeration of the rights of sovereignty: Draft Outline for an International Code, pp. 8 et seq. 1. To make its own constitution; 2. To legislate independently for its people and territory; 3. To govern and administer itself; 4. To choose its own officers; 5. To appoint and accredit its representatives to foreign nations. The commissioners, speaking of this subject, say: Fiore, Nouv. Dr. Int., chapter 11, part 1, lays stress on the right of organization as the central element of internal sovereignty, and this is the American doctrine. The right of self-preservation is evidently ad
herent in that of sovereignty, but it seems un
necessary to define it. If it were to be defined, it might, perhaps, be in such mode as follows: Every nation has the right of self-preservation, to be made effectual within its territorial jurisdiction by any means which its sovereignty
can exercise, and beyond its jurisdiction by such means as are consistent with the provisions of this code [international code] and of its own personal compacts."
TERRITORIAL JURISDICTION OF THE STATE.
33. Territorial jurisdiction, limitations on.
SEC. 33. The sovereignty and jurisdiction of this state 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. Boundary of the state is described in article 21, section 1, of the constitution of the state. 34. Legislative consent to purchase, etc., of lands by United States for public use; jurisdiction over.
SEO. 34. The legislature consents to the purchase or condemnation by the United States of any tract of land within this state for the purpose of erecting forts, magazines, arsenals, dock-yards, and other needful buildings, upon the express condition that all civil process issued from the courts of this state, and such criminal process as may issue under the authority of this state, against any person charged with crime, may be served and executed thereon in the same mode and manner and by the same officers as if the purchase or condemnation had not been made.
An Act concerning submarine sites for lighthouses and other aids to navigation on the coast of 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 fand 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. Jurisdiction over places acquired by the United States.-Section 34 makes provision for the service of the state's process in places ceded to the United States; with respect to which provision, article 1, section 9, of the constitution of the United States must be read. That section declares that congress shall have power "to exercise exclusive legislation in all cases what
soever, over such district, not exceeding ten miles square, as may by cession of particular states, and the acceptance of congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings."
GENERAL RIGHTS OF THE STATE OVER PERSONS.
37. Rights over persons enumerated.
SEC. 37. The state has the following rights over persons within its limits, to
be exercised in the cases and in the manner provided by law:
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 persons likely to become a public charge as well as persons affected by contagious or infectious diseases; a right founded as intimated in the Passenger Cases, 7 How. 283, by Mr. Justice Greer, in the sacred law of self-defense: Vide 3 Saw. 283. The same principle, it may also be conceded, would justify the exclusion of property dangerous the property of citizens of the state; for example, animals having contagious or infectious diseases. All these exertions of power are in immediate connection with the protection of persons and property against noxious acts of other persons, or such a use of property as is injurious to the property of others. They are self-defensive. But whatever may be the nature and reach of the police power of a state, it cannot be exercised over a subject confided exclusively to congress by the federal constitution. It cannot invade the domain of the national government." Cooley, in chapter 14, sections 572 et seq., of his Constitutional Limitations, contributes valuable learning upon this general subject.
GENERAL RIGHTS OF THE STATE OVER PROPERTY.
State ownership of realty and personalty within its limits results from the adoption of the idea that the people of this country sucof Great Britain. The people are the ultimate ceeded to all the rights attaching to the king
While recognizing the general power of the legislature to forbid the entrance of immigrants that will be manifestly a burden to the community, yet it has no authority to impose restrictions upon the entrance of healthy, able-bodied men: State v. Steamship Constitution, 42 Cal. 578.
See post, sec. 2949, and note, in regard to state regulations concerning immigrants.
40. Original and ultimate title.
SEC. 40. The original and ultimate right to all property, real and personal,
within the limits of this state, is in the people thereof.
owners of all lands within the state: Wendell
v. Jackson, 22 Am. Dec. 635. See note on
"Escheat," referred to under next section; and
see Civ. Code, sec. 670.
Eminent domain: See post, sec. 44.