Effect of the 1872 Codes

California’s Civil Code has provisions regarding the effect of the 1872 Codes.

Section 23 provides that, with relation to the laws passed at the 1872 Session of the Legislature, the Political Code, Civil Code, Code of Civil Procedure, and Penal Code, are to be construed as though each had been passed on the first day of the session.

Section 23.1 states that the provisions of any law passed at the 1872 Session of the Legislature which contravene or are inconsistent with the provisions of any of the four codes passed at the 1872 Session prevail.

Section 23.2 says that, with relation to each other, the provisions of the four codes must be construed as though all the codes had been passed at the same moment of time and were parts of the same statute.

Section 23.3 explains that, if the provisions of any title conflict with or contravene the provisions of another title, the provisions of each title prevails as to all matters and questions arising out of the subject matter of the title.

Section 23.4 provides that, if the provisions of any chapter conflict with or contravene the provisions of another chapter of the same title, the provisions of each chapter prevail as to all matters and questions arising out of the subject matter of the chapter.

Section 23.5 states that, if the provisions of any article conflict with or contravene the provisions of another article of the same chapter, the provisions of each article prevail as to all matters and questions arising out of the subject matter of the article.

Section 23.6 says that, if conflicting provisions are found in different sections of the same chapter or article, the provisions of the sections last in numerical order prevail, unless the construction is inconsistent with the meaning of the chapter or article.