Billings v. Harvey

Citations

• 6 Cal. 381

Syllabus

<p>Under the Constitution of this State, the amendment of a statute operates as an absolute repeal of the old statute or section so amended, even if the amendment takes nothing away from the old law, but merely adds a proviso in certain cases.</p> <p>The Act of April 11th, 1855, amending the sixth section of the Statute of Limitations of 1850, by a proviso extending the time for commencing actions of ejectment under Spanish or Mexican titles, repeals that section in toto.</p> <p>It follows that the Act of 1855 is the only Statute of Limitations to actions for the recovery of real property, and that the time fixed therein runs only from the date of that Act.</p>