66 Cal. 642 | Cal. | 1885
The act of 13th March, 1883, (Stats. 1883, p. 297—which is § 4045, Pol. Code) was superseded and repealed by an act passed on next day, commonly known as the county government act. (Stats. 1883, 297, § 25, sub. 27, p. 308.) This was so held in Ex parte Benjamin, 65 Cal. 310.
So, reading these acts together, we are of opinion that the latter act enlarges the power conferred by the former.
We are of opinion that the ordinance imposing the tax was properly passed by the board of supervisors of Santa Clara County (see § 26 of the county government act, Stats. 1883, p. 309), and on a day when it could be passed. (Ex parte Benjamin, supra.)
The provisions of this section (26) appear to have been complied with. The ordinance was signed by the chairman of the board, and attested by the clerk. Such is the testimony of the clerk, and there is no other witness.
It does not appear from the record that the seal of the board was copied with the ordinance, when the latter was copied in the ordinance-book offered in evidence; but we would not hold the ordinance void for this neglect of the clerk to comply with the direction to him in the statute (§ 20 of the act last referred to), to record the ordinance at length in the ordinance-book. The ordinance having been properly passed, the omission of the clerk to add the seal of the board to the record of it in the ordinance-book does not render it invalid.
So ordered.
Myrick, J., Sharpstein, J., McKee, J., and MoKinstry, J., concurred.