People ex rel. Wood v. Sands

Citations

• 102 Cal. 12
• 36 P. 404
• 1894 Cal. LEXIS 594

Syllabus

<p>Justice oe the Peace—Vacancy—Power oe Aefointment—Code—Char. ' ter oe Oakland.—The power to appoint a justice of the peace of the city of Oakland to fill a vacancy is vested in the board of supervisors of the county of Alameda, under section 111 of the Code of Civil Procedure, and not in the mayor of the city under section 203 of the charter of Oakland.</p> <p>Id.—Constitutional Oeeice—State Election.—The office of justice of the peace is a creation of the constitution, and can not be created by any city charter, and such officer is elected at a general state election, and qualifies under the general law of the state.</p> <p>Id.—Construction oe City Charter—Appointments by Mayor—Presumption.—It must be presumed, the contrary not appearing, that the filling of vacancies in city offices by the mayor, provided for in section 203 of the charter of the city of Oakland, 'was not intended to include the filling of a vacancy in the office of justice of the peace for the city.</p> <p>Id.—County Government Act—Code—Repeal by Implication.—The County Government Act of 1891 does not impliedly repeal section III of the Code of Civil Procedure, which includes all justices of the peace, both of cities and of townships, and confers upon the hoard of supervisors of the county the power to fill vacancies in that office.</p> <p>Id.—Statutory Construction—Repeals by Implication Not Favored.— Repeals by implication are not favored, and it is only when two statutory provisions are absolutely repugnant to each other that a repeal of the earlier will be declared.</p>