City of Eureka v. Diaz

Citations

• 89 Cal. 467
• 26 P. 961
• 1891 Cal. LEXIS 839

Syllabus

<p>Statutory Construction—Intentos Legislature—Unambiguous Language — Object of Act. — Although in the construction of statutes the intent of the legislature should be followed, yet where the language is free from ambiguity, the court cannot depart from the meaning of the language employed, although the consequence would be to defeat the object of the act.</p> <p>Id. —Definition of “Day”—Code—Prohibitory Statutes — Municipal Ordinance.—A “day” is the period of time between any midnight and the midnight following, according to the express provision, of section 3529 of the Political Code, and according to the interpretation always put upon the word in the construction of prohibitory statutes, and it must be so construed in a prohibitory municipal ordinance.</p> <p>Id. — Restriction of Saloons — Bond of Saloon-keeper — Sales During Night-time — Ineffective Suit. — Under a city ordinance providing for the licensing of saloons and making it unlawful to sell or give away any intoxicating drinks therein “between the hours of eleven o’clock, p. M., and five o’clock, A. m., of each and every day, ” a complaint upon a bond of a saloon-keeper charging that, contrary to the provisions of the ordinance, he kept his place of business open “ from eleven, P. m., until five, A. M., of the following day, and sold spirituous and fermented liquors,” states no cause of action.</p>