People ex rel. Attorney Gen. v. Phœnix

Citations

• 6 Cal. 92

Syllabus

<p>. Strictly speaking, there can be no vacancy in the office of sheriff, caused by the death, removal or resignation of the incumbent; for upon the happening of such an event the coroner, by operation of law, becomes sheriff.</p> <p>The coroner only holds the office of sheriff ex officio, until the appointment of a new sheriff by the board of supervisors.</p> <p>A general statute, controlled in some of its provisions by a subsequent special statute, is revived by the amendment of the latter, intended to give effect to the former; and though the first statute gave jurisdiction to a Court which could not constitutionally exercise it, the Act becomes effectual by an amendment, passed still later, transferring the jurisdiction to the proper body.</p>