People ex rel. Anderson v. Durick

Citations

• 20 Cal. 94

Syllabus

<p>The offices of County Clerk and County Becorder are distinct offices, though they may be held by the same person; and it makes no difference in the character of the office whether the law declares in terms that the Clerk shall also be Becorder, or declares that the Clerk shall be ex officio Becorder.</p> <p>In 1858, a law was passed separating the office of County Becorder of Shasta county from that of County Clerk, and making the Becorder ex officio Clerk of the Probate Court. In 1860, by the general Bevenue Act, the County Clerk was made ex officio Becorder. By the Bevenue Act of 1861, County Becorders were again required to be elected separately. Bach of the Bevenue Acts contained a clause repealing all laws and parts of laws in conflict with its provisions, but neither contained any provisions inconsistent with that of the law of 1858, which made the Becorder ex officio Clerk of the Probate Court: Held, that a Becorder elected in 1861 was Clerk of the Probate Court—the office of Probate Clerk having remained attached to that of Becorder during the whole period.</p> <p>An act containing a clause repealing all acts and parts of acts inconsistent with its provisions, but not repealing by name a previous act on the same subject matter, leaves in force all such portions of the previous act as arc not in conflict with its provisions.</p>