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2. This code takes effect at twelve o'clock noon, on the first day of January, eighteen hundred and seventy-three.

3. No part of it is retroactive, unless expressly so declared.

4 Cal. 153-4.

4. The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this State respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice. N. Y. C. Civ. Prac. § 3.

7 Cal. 291; 17 Cal. 497.

§ 5. The provisions of this code, so far as they are substantially the same as existing statutes, must be construed as continuations thereof and not as new enactments.

6. All persons who at the time this code takes effect hold office under any of the acts repealed continue to hold the same according to the tenure thereof, except those offices which are not continued by one of the codes adopted at this session of the Legislature.

7. When any office is abolished by the repeal of any act, and such act is not in substance re-enacted or continued in either of the codes, such office ceases at the time the codes take effect.

8. No action or proceeding commenced before this code takes effect, and no right accrued, is affected by its provisions, but the proceedings therein must conform to the requirements of this code as far as applicable.


9. When a limitation or period of time prescribed in existing statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this code goes into effect, and the same or any limitation is prescribed in this code, the time of limitation continues to run, and has the like effect as if the whole period had begun and ended after its adoption.



10. Holidays within the meaning of this code are: every Sunday, the first day of January, the twenty-second day of February, the fourth day of July, the twenty-fifth day of December, every day on which an election is held throughout the State, and every day appointed by the President of the United States, or by the Governor of this State, for a public fast, thanksgiving or holiday.

11. If the first day of January, the twenty-second day of February, or the twenty-fifth day of December falls upon a Sunday, the Monday following is a holiday. G. 330

§ 12. The t'me in which any act provided by law is to be done, is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also exeluded.

§ 13. Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular day, which day falls upon a holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed.

14. When the seal of a court, public officer, or person, is required by law to be affixed to any paper, the word "seal" includes an impression of such seal upon the paper alone, as well as upon wax or a wafer affixed thereto.

3 Cal. 315; 5 Cal. 220

§ 15. Words giving a joint authority to three or more public officers or other persons, are construed as giving such authority to a majority of them, unless it is otherwise expressed in the act giving the authority.

§ 16. Words and phrases are construed according to the context and the approved usage of the language; but technical words and phrases and such others as have acquired a peculiar and appropriate meaning in law, or are defined in the succeeding section, are to be construed according to some peculiar and appropriate meaning or definition.

§ 17. Whenever the terms mentioned in this section are employed in this code, they are employed in the senses hereafter affixed to them, except where a different sense plainly appears: C

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1. The term "signature” includes any name, mark or sign written with intent to authenticate any instrument or writing. 2. The term writing" includes both printing and writing. 3. The term "land" and the phrases "real estate" and "real property," include lands, tenements and hereditaments, and all rights thereto and interests therein.

4. The words "personal property" include money, goods, chattels, evidence of debt, and "things in action."

5. The word "property" includes personal and real property.

6. The word "month" means a calendar month, unless otherwise expressed, and the word "year," and also the abbreviation "A. D." is equivalent to the expression "year of our Lord."

7. The word "oath" includes "affirmation" in all cases where an affirmation may be substituted for an oath; and in like cases the word "swear" includes the word "affirm." Every mode of oral statement under oath or affirmation is embraced by the term "testify," and every written one in the term "depose."

8. The word "state," when applied to the different parts of the United States, includes the district of Columbia and the territories, and the words "United States" may include the district and territories.

9. Where the term "person" is used in this code to designate the party whose property may be the subject of any offence, action or proceeding, it includes this state, any other state, government or country which may lawfully own any property within this state, and all public and private corporations or joint associations, as well as individuals.

10 The word "person" includes bodies politic and corporate.

11. The singular number includes the plural, and the plural the singular.

12. Words used in the masculine gender comprehend, as well, the feminine and neuter.

13. Words used in the present tense include- the future, but exclude the past.

14. The word "will" includes codicils.

15. The word 66

writ" signifies an order or precept in writing issued in the name of the people, or of a court or judicial officer.


"Process" is a writ or summons issued in the course of judicial proceedings.

17. The word "vessel" when used with reference to shipping, includes ships of all kinds, steamboats, and steamships, canal boats, and every structure adapted to be navigated from place to place.

18. The term "peace officer" signifies any one of the officers mentioned in section eight hundred and seventeen of the Penal Code.

19. The term "magistrate" signifies any one of the officers mentioned in section eight hundred and eight of the Penal Code.

18. No statute, law or rule is continued in force, because it is consistent with the provisions of this code on the same subject; but in all cases provided for by the code, all statutes, laws and rules heretofore in force in this state, whether consistent or not with the provisions of this code, unless expressly continued in force by it, are repealed and abrogated.

This repeal or abrogation does not revive any former law heretofore repealed, nor does it affect any right already existing or accrued, or any action or proceeding already taken, except as in this code provided; nor does it affect any private statute not expressly repealed.

19. This Act whenever cited, enumerated, referred to, or amended, may be designated as the "Code of Civil Procedure," adding when necessary the number of the section.

§ 20. Judicial remedies are such as are administered by the courts of justice, or by judicial officers empowered for that purpose by the constitution and statutes of this state. N. Y. C. C. P., § 5.

21. These remedies are divided into two classes:

1. Actions; and,

2. Special proceedings.

22. An action is an ordinary proceeding in a court of justice, by which one party prosecutes another, for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence.

23. Every other remedy is a special proceeding.

24. Actions are of two kinds :

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26. An obligation is a legal duty, by which one person is bound to the performance of an act towards another, and arises from

1. The contract of the parties; or,

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§ 28. An injury to property consists in depriving its owner of the benefit of it, which is done by taking, withholding, deteriorating or destroying it.

29 Every other injury is an injury to the person. $$ 20-29 are taken from N. Y. C. C. P., §§ 5-14.

30. A civil action is prosecuted by one party against another for the enforcement or protection of a right, or the redress or prevention of a wrong. N. Y. C. C. P., § 16.

31. The Penal Code defines and provides for the prosecution of a criminal action.

32. When the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not merged in the other. N. Y. C. C. P., § 18.

C. C. P.-3

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