Christy v. Board of Supervisors

Citations

• 39 Cal. 3

Syllabus

<p>Statutory Construction.—Repeal op a Statute.—A statute may be repealed by express words, or by necessary implication. The latter takes place whenever, by subsequent legislation, it becomes apparent that the Legislature did not intend the former Act to remain in force.</p> <p>Idem.—Unconstitutional Provision.—If the Legislature attempt to incorporate in a statute, which it is within their undoubted power to enact, an unconstitutional provision, the only result would be that that portion of the Act would be void, but in no other respect would the validity of the Act be impaired.</p> <p>Idem. — The Act of 1868 (providing for the election of Supervisors in Sacramento County), repealed so much of the Act of 1863 as authorized an election to be held for three of the districts in 1869, and the ballots cast at that election, for Supervisors for those three districts, were void.</p> <p>Constitutional Law.—When the Constitution declares an office to be elective, it cannot be filled in any other mode.</p> <p>Idem.—Term op Oppice.—But when office has been filled by an election, the Legislature may extend the term of the incumbent; provided the whole term, when extended, does not exceed the time limited by the Constitution.</p>