BIENNIAL SUPPLEMENT

ΤΟ

KERR'S CYCLOPEDIC CALIFORNIA CODES

CONTAINING ALL THE ADDITIONS, AMENDMENTS, AMENDMENTS TO AMENDMENTS,
CHANGES AND REPEALS, AFFECTING THE VARIOUS CODES OF THE STATE,
APPROVED BY THE GOVERNOR OR BECOMING LAW UNDER THE PROVI-
SIONS OF THE CONSTITUTION WITHOUT THE GOVERNOR'S APPROVAL,
PASSED BY THE REGULAR SESSION OF THE LEGISLATURE, 1917,
BRINGING THE CYCLOPEDIC CODES DOWN TO THE CLOSE
OF THE FORTY-SECOND SESSION OF THE LEGISLATURE
AND CONTAINING ALL LAWS ENACTED BY VOTE
OF THE PEOPLE ON INITIATIVE PETITIONS.

SUPPLE-

ANNOTATIONS COVERING ALL CASES DECIDED SINCE THE BIENNIAL
MENT, 1915, TO AND INCLUDING 174 CAL., P. 176, 32 CAL. APP., P. 517, 163 PAC.
REP., P. 321, AND ALL CALIFORNIA CASES IN FEDERAL REPORTS, 241
U. S., 60 L. ED.-37 SUP. CT. REP., P. 270, AND 238 FED. REP., P. 1008.

True law is right reason.-Cicero.

Reason is the life of the law.—Sir Edward Coke, First Inst.
The law does not consist of particular cases,

but of general principles.-Lord Mansfield.

We look not enough to underlying principles;

put too much faith in "codeless myriad" precedents-

the Eternal Saki has poured millions of bubbles like these

from the bowl, and will pour.

The journey through "Precedent" lies past many a desert tract.

FULLY ANNOTATED BY

JAMES M. KERR

SAN FRANCISCO

BENDER-MOSS COMPANY

LAW PUBLISHERS AND BOOKSELLERS

COPYRIGHT, 1917,

BY BENDER-MOSS COMPANY.

WILLIAMS PRINTING COMPANY

INDEPENDENT PRESSROOM

FOREWORD.

The Biennial Supplement 1917 is prepared on the same general plan—which has met with such favor from the Bench and Bar of the state-as that followed in former Biennial Supplements to the Cyclopedic California Codes. All their features are retained, as is also the broadened scope of research introduced in the Biennial Supplement 1915.

Numerous adjudicated cases, some of them important, some negligible, are all given in so far as applicable to the Codes. The "Fellatio and Cunnilingus" Act of 19151 has been twice before the courts-excerpts for each case are given-but the constitutionality of the act has not yet been raised or passed upon; its plain unconstitutionality is pointed out, and the reasons given.2

The legislative output is again very large in the amount of matter, with some excellent and much-needed work accomplished, as well as many innovations made and much new matter added to the various Codes; e. g., the new Tax Law and the Universal Negotiable Instruments Law. The law governing Reclamation Districts is much improved, not to mention other work of a similar character. The Fish and Game Laws and the School Laws have the usual grist of biennial tinkering, and bulk a little above normal. The laws governing the Salaries and Fees of County Officers get the biennial overhauling for almost every county in the state-and bulk very large in this Biennial. LOS ANGELES, September 1, 1917. JAMES M. KERR.

1 Enactment of Pen. Code, § 288a, Bien. Supp. 1915, Page 3245. 2 Page 4090. 3 Page 3579. 4 Page 3870. 5 Page 3553.

6 Page 4106. 7 Page 3464 et seq. 8 Pages 3628-3763.