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questions arising out of the subject matter of such Title.

between

4482. If the provisions of any Chapter conflict Conflicts with or contravene the provisions of another Chapter Chapters, of the same Title, the provisions of each Chapter must prevail. 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 the same

which to prevail.

4484. If conflicting provisions are found in differ- Conflicting ent 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.

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 The Codes passed at this session of the Legislature must not be published as a part of the statutes passed at this session, but provision must be made by law for their publication.

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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 Repeal of repealed statutes not to imply that they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 4504. The repeal of any statute or part of a statute

repealed

statutes not heretofore repealed must not be construed as a decla

to imply

that they

were in force.

Express repeal of

statutes to

be provided for.

ration, 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.

NOTE.-A bill providing for the express repeal of statutes, prepared by the Commission, passed the Senate. In the Assembly it was referred to the Judiciary Committee, who, on the last day, recommended its passage; but the Speaker ruled that it could not be taken up against a single objection. That objection was made by a member of the San Francisco delegation (Mr. Splivalo), and the bill was not considered and consequently did not become a law. We had prepared it with great care, not because we deemed it necessary, but to avoid even a question. Non-action upon it will not affect the Code in any particular. There may arise, however, a question in relation to the Police and Justices' Courts of San Francisco, which would have been saved by its passage; but if the question should be raised and sustained, no material injury could arise, as the only effect would be, after the first of January next, to throw the Police and Justices' Courts of that city under the general law, and to reduce the jurisdiction of the Police Court to what it was before the passage of an Act entitled "An Act amendatory of and supplementary to an Act entitled an Act to prescribe the jurisdiction of the Police Judge's Court of the City and County of San Francisco," passed January 27th, 1864, approved February 13th, 1872.

INDEX.

INDEX TO VOLUMES I AND II.

Volume I includes Sections 1 to 2079, inclusive.

Volume II includes Sections 2085 to 3543, inclusive.

The Appendix contains the Constitutions, separately indexed.
The references are to the Sections.

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of husband by wife, relieves him from duty of support............
of child by parent, evidence of relinquishment of control.......
of homestead, how only effected............................................

ib............

of ship by shipmaster......

of ship, duties of shipmaster on...............

IN MARINE INSURANCE—

defined.......

may be made, in what cases........................................
may be made, at what time........

how effected.........

175

197

1243

1244

2940

2941

2716

2717

2719

2721

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can be sustained only on ground specified in notice.........

2723

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