Talcott v. Bd. of State Harbor Comm'rs

Citations

• 53 Cal. 199
• 1878 Cal. LEXIS 109

Syllabus

<p>Construction of General and Special Laws.—Where there is a general law prescribing and defining the powers, duties, and mode of procedure of a public board, and a special law is passed relating to a particular matter coming within the general scope of the powers of the board, the two laws are to be read together; and the general law is applicable to the particular matter, except in so far as provision is made in the special law conferring powers, or prescribing duties or modes of procedure different from those mentioned in the general law.</p> <p>Harbor Improvement Fund.—The Harbor Improvement Fund mentioned in the special Act of March 8th, 1878, “for the relief of Cook Talcott and Andrew Onderdonk,” is the same as that mentioned in the general law, which refers to the fund in the State Treasury.</p> <p>Claim under Special Relief Bill. — A claim authorized by the special relief bill referred to must be paid by a draft on the Controller, signed by the three Commissioners, and countersigned by the Secretary.</p> <p>Default—Mandamus.—A public board is not in default so as to be subject to mandamus until after demand and refusal.</p>