Dillon v. Bicknell

Citations

• 116 Cal. 111
• 47 P. 937
• 1897 Cal. LEXIS 518

Syllabus

<p>District Attorney—Term of Office—Compensation for Holding Over— County Government Act—Repeal of Code Provision.—Section 4109 of the Political Code, limiting the term of office of certain county officers, including the district attorney, to the precise period of two years, was repealed by section 60 of the County Government Act, providing that all officers elected thereunder shall hold office until their successors are elected or appointed and qualified; and the district attorney is entitled to demand and receive compensation in proportion to his monthly salary for such part of a month as he may hold over, after the expiration of the term for which he was elected, until his successor has qualified.</p> <p>Id.—Statutory Construction — Revision — Repeal by Implication.— Whenever it clearly appears that the intention of the legislature, by a later act, is to revise the entire subject matter of a former act, the subsequent act operates as a repeal of the former, although it contains no precise words to that effect; and even if the subsequent statute be not repugnant in all of its provisions to a prior one, yet, if the later statute was clearly intended to prescribe the only rule which should govern in the case provided for, it repeals the original act.</p> <p>Id.—Construction of County Government Act—Pro Rata Compensation of Officers.—The County Government Act, though providing for warrants in favor of county officers for their salary, to be drawn on the first Monday of each and every month, contemplates that the warrant may be drawn for such fractional portion of a month as the officer may actually serve after the first Monday of January, with which his term ordinarily concludes.</p>