on civil process, when not to Prisoners people of this State are a party thereto, the Sheriff is not bound to receive such person, unless security is be received given on the part of the party at whose instance the Prisoners may be labor. process is issued, by a deposit of money, to meet the expenses for him of necessary food, clothing, and bedding, or to detain such person any longer than these expenses are provided for. This section does not apply to cases where a party is committed as a punishment for disobedience to the mandates, process, writs, or orders of Court. NOTE. The preceding Chapter is based upon the statutes of 1851, p. 191, Secs. 17, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 32, 40, 42. 1613. Persons confined in the County Jail under a required to judgment of imprisonment rendered in a criminal action or proceeding, may be required by an order of the Board of Supervisors to perform labor on the public works or ways in the county. Rules and regulations 1614. The Board of Supervisors making such for the per- order may prescribe and enforce the rules and regula tions under which such labor is to be performed. formance of labor. Approved February 14th, 1872. NEWTON BOOTH, Governor. [Being alike applicable to all the Codes, there is here inserted:] PART V.-POLITICAL CODE. OF THE DEFINITION AND SOURCES OF LAW-EFFECT TITLE I. DEFINITION AND SOURCES OF THE LAW. II. EFFECT OF THE CODES. III. PUBLICATION OF THE CODES AND STATUTES CONTINUED IN FORCE. IV. EXPRESS REPEAL OF STATUTES. TITLE I. DEFINITION AND SOURCES OF THE LAW. SECTION 4466. Definition of law. 4467. How expressed. 4468. Common law, when rule of decision. 4466. Law is a solemn expression of the will of Definition the supreme power of the State. of law. 4467. The will of the supreme power is expressed: How 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. NOTE.-Act of April 13, 1850; Stats. 1850, p. 219. expressed. Construc tion of the relation to the laws passed at SECTION 4478. Construction of the Codes with relation to the laws passed at the present session. 4479. Laws passed at present session prevail. 4480. Construction of Codes with relation to each other. 4481. Conflicts between Titles, which to prevail. 4482. Conflicts between Chapters, which to prevail. 4483. Conflicts between Articles, which to prevail. 4484. Conflicting sections of the same Title, which to prevail. 4478. With relation to the laws passed at the Codes with present session of the Legislature, THE POLITICAL CODE, CIVIL CODE, CODE OF CIVIL PROCEDURE, and PENAL CODE, the present must be construed as though each had been passed on the first day of the present session. session. Laws passed at present session prevail. Construction of Codes with relation to 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. NOTE. This section is but another form of stating the proposition contained in the preceding one. It is placed here, not because it is necessary, but to convey to the layman the idea which the preceding section conveys to the professional reader. 4480. With relation to each other, the provisions of the four Codes must be construed (except as in the each other. next two sections provided) as though all of 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. 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 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. Conflicting sections of same th which to prevail. TITLE III. PUBLICATION OF THE CODES. 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. Repeal of statutes not to 4504. The repeal of any statute or part of a statute repealed heretofore repealed must not be construed as a declaration, express or by implication, that such statute or imply that were ther Express repeal of statutes to be provided for. 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. |