Author: F. P. Deering

Publisher:

Published: 2015-07-13

Total Pages: 632

ISBN-13: 9781331315100

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Excerpt from Supplement to Deering's Codes and Statutes of California: Containing the General Statutes and the Amendments to the Codes Enacted at the Legislative Sessions of 1887 and 1889, With Notes of Decisions of the Supreme Court From Volume 65 to Volume 77 California Reports, Inclusive A person may be a citizen of the United States, though not of an age to qualify him to be an elector: Id. 56. Expatriation. - A citizen of the United States may renounce his allegiance and become a citizen of a foreign state or kingdom: Brown v. Dexter, 66 Cal. 39; and the taking an oath of allegiance to a foreign state is an act of expatriation: Id. 57. Citizens. - A person born in a foreign state, whose father was once a citizen of the United States, but renounced his allegiance before the birth of such person, is not a citizen: Brown v. Dexter, 66 Cal. 39. 220. De facto officer cannot recover the salary annexed to the office, as the salary is incident to the title to the office, and not to its occupation and exercise: Burke v. Edgar, 67 Cal. 182. 226. Term of office. - The seats of the twenty senators elected in 1882 from the districts designated in the act of 1874 by odd numbers become vacant at the expiration of the second year, and their successors must be elected at the general election held in 1884, from the same districts, and the term of office is two years: McPherson v. Bartlett, 65 Cal. 577. 268. Additional compensation. - The compensation of porters being fixed at four "dollars per day," services rendered on days when the sessions were unusually long are not "extra," and a resolution at the end of the session voting additional pay therefor comes within article 4, sections 31 and 32, of the constitution, prohibiting a gift to any person of public money, or extra compensation to any public officer or servant after service has been rendered: Robinson v. Dunn (unreported), decided Dec. 10, 1888. 323. Taking effect of statute: See Santa Cruz Water Co. v. Kron, 74 Cal. 222. 325. The amendment of 1880 to section 3495 of the Political Code, requiring that a person desiring to purchase any portion of a sixteenth or thirty-sixth section shall state in his affidavit that he is an actual settler thereon, does not operate retroactively to invalidate an application previously, filed in which no such statement is contained, under this section: Dillon v. Salonde, 68 Cal. 267. 327. Repeal by implication of statutes is not favored; and where there is an apparent conflict between two acts, the court should reconcile them if possible; but if this cannot be done, the last act must govern: In re Yick Wo, 68 Cal. 294. 329. Subsequent act. - As a general rule, acts prohibiting the same offenses and injuries as former acts, but imposing different penalties or giving different remedies, repeal so far such former acts: Fraser v. Alexander, 75 Cal. 147. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Download or read book Supplement to Deering's Codes and Statutes of California written by F. P. Deering and published by . This book was released on 2015-07-13 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Supplement to Deering's Codes and Statutes of California: Containing the General Statutes and the Amendments to the Codes Enacted at the Legislative Sessions of 1887 and 1889, With Notes of Decisions of the Supreme Court From Volume 65 to Volume 77 California Reports, Inclusive A person may be a citizen of the United States, though not of an age to qualify him to be an elector: Id. 56. Expatriation. - A citizen of the United States may renounce his allegiance and become a citizen of a foreign state or kingdom: Brown v. Dexter, 66 Cal. 39; and the taking an oath of allegiance to a foreign state is an act of expatriation: Id. 57. Citizens. - A person born in a foreign state, whose father was once a citizen of the United States, but renounced his allegiance before the birth of such person, is not a citizen: Brown v. Dexter, 66 Cal. 39. 220. De facto officer cannot recover the salary annexed to the office, as the salary is incident to the title to the office, and not to its occupation and exercise: Burke v. Edgar, 67 Cal. 182. 226. Term of office. - The seats of the twenty senators elected in 1882 from the districts designated in the act of 1874 by odd numbers become vacant at the expiration of the second year, and their successors must be elected at the general election held in 1884, from the same districts, and the term of office is two years: McPherson v. Bartlett, 65 Cal. 577. 268. Additional compensation. - The compensation of porters being fixed at four "dollars per day," services rendered on days when the sessions were unusually long are not "extra," and a resolution at the end of the session voting additional pay therefor comes within article 4, sections 31 and 32, of the constitution, prohibiting a gift to any person of public money, or extra compensation to any public officer or servant after service has been rendered: Robinson v. Dunn (unreported), decided Dec. 10, 1888. 323. Taking effect of statute: See Santa Cruz Water Co. v. Kron, 74 Cal. 222. 325. The amendment of 1880 to section 3495 of the Political Code, requiring that a person desiring to purchase any portion of a sixteenth or thirty-sixth section shall state in his affidavit that he is an actual settler thereon, does not operate retroactively to invalidate an application previously, filed in which no such statement is contained, under this section: Dillon v. Salonde, 68 Cal. 267. 327. Repeal by implication of statutes is not favored; and where there is an apparent conflict between two acts, the court should reconcile them if possible; but if this cannot be done, the last act must govern: In re Yick Wo, 68 Cal. 294. 329. Subsequent act. - As a general rule, acts prohibiting the same offenses and injuries as former acts, but imposing different penalties or giving different remedies, repeal so far such former acts: Fraser v. Alexander, 75 Cal. 147. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.