DEDICATION. To Ex-GOVERNOR HENRY H. HAIGHT, Under whose Administration the work of Codification of the Laws of California was commenced, and TO HIS EXCELLENCY, NEWTON BOOTH, Under whose Administration the work was brought to a successful completion, these Volumes, relating to the Political Department of the Government, are respectfully dedicated, by THE CODE COMMISSIONERS OF CALIFORNIA. PREFACE. THE POLITICAL CODE comprises those matters which pertain to the Government of the State, and the political subdivisions thereof; the election and appointment of all public officers, their powers and duties; all public police regulations; the constitution and management of all public institutions; and the disposition and management of the property of the public. All notes which, in the opinion of the authors, would tend to enlighten the judgment of the people upon their rights under and their responsibilities to governmental authority, have been made to sections which, from their nature, seem to require explanation in order to be properly understood; and each individual member of the State, county, city, or town government will be thereby the better enabled to protect and vindicate his rights, and, without complaint from the Government, to promptly discharge his various duties. Such other notes containing references to standard authors and decisions of the State and Federal Courts, upon the same or similar provisions of law, are placed under the proper sections and subjects, sections and subjects, so that the future deportment of the citizen may be governed by the experience of the past, under judicial sanction. No pains have been spared by the authors to lighten the burdens attendant upon a faithful discharge of duty by all public officers. To this end authorities, such as approved standard works, decisions of the Courts, and frequent reference to the provisions of the State Constitution, which the law is intended to carry out, are freely used, and placed in such proximity that all may be observed together. In this respect, we hope that the work may become peculiarly effective. This Code was originally intended to be bound in but one volume; but a determination to give a more careful annotation of the Federal and State Constitutions (to be found in the Appendix) rendered two volumes necessary. These annotations are elaborate, so to speak, for a work of this character. Since, in our form of government, "the voice of the people is the supreme law of the land," there can be no subject which ought to receive from the governed more careful study, and be more thoroughly understood, than the Constitution; no apology is necessary for their abundance. If the notes bring to the mind of all the vast importance of understanding the fundamental law, the beneficial results hoped for are half accomplished. Many subjects of a local and special character are not embraced in these volumes, for obvious reasons. Subjects of this character, which have heretofore engrossed the attention of the Legislature, have been here attempted, at least, to be provided for by local authority or general laws providing ample provisions for all special cases, in the hope that at no distant day the halls of legislation, as clearly contemplated by the Constitution, may be effectually closed to appeals for legislation of this pernicious character. Laws generally regulating fees, fences, etc., have no place in this Code, for the reason that they are subjects of such frequent legislation, that, until a positive beginning is made to cut off special and local legislation, we cannot hope for a successful conclusion. When this is accomplished, this Code is the place for general laws on these subjects. The unfilled numbers of sections between the ending of Titles, Chapters, and Articles, and the beginning of those succeeding them (usually ten), afford ample room for all future legislation necessary to make this Code a complete whole. CREED HAYMOND, JOHN C. BURCH. SACRAMENTO CITY, September 15, 1872. |