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$ 5. Provisions similar to existing laws, how construed. The provisions of this code, so far as they are substantially the same as existing statutes or the common law, must be construed as continuations thereof, and not as new 'enactments. En. March 21, 1872. Cal. Rep.Cit. 75, 69; 87, 647; 98, 33; 104, 584; 120, 491;

120, 493; 120, 494; 121, 246, 130, 382; 136, 142. 6. Actions, etc., not affected. No action or proceeding commenced before this code takes effect, and no right accrued, is affected by its provisions. En. March 21, 1872.

Cal.Rep.Cit. 95, 202. Similar provisions: See Code Civ. Proc., sec. 8; Pol. Code, sec. 8.

The amendatory act of March 30, 1874, amendments 1873-4, 181-269, from which most of the amendments and new sections of the Civil Code are taken, contained three additional sections, relating to its effect, as follows:

Sec. 286. All provisions of law inconsistent with the provisions of this act are hereby repealed, but no rights acquired or proceedings taken under the provisions repealed shall be impaired or in any manner affected by this repeal; and whenever a limitation or period of time is prescribed by such repealed provisions for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this act takes effect, and the same or any other limitation is prescribed by this act, the time of limitation which shall have run when this act takes effect shall be deemed part of the time prescribed by this act.

Effect of amendatory act as to other acts passed at sescion of 1871-2 is shown by the following provision:

Sec. 287. With relation to the laws passed at the presant session of the legislature, this act must be construed as though it had been passed at the first day of the present session; if the provisions of any law passed at the present session of the legislature contravene or are inconsistent with the provisions of this act, the provisions of such law must prevail.

Sec. 288. This act shall take effect on the first day of July, one thousand eight hundred and seventy-four.

87. Holidays. Holidays, within the meaning of this code, are every Sunday, the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the ninth day of September, the first Monday of September, 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 the state, for a public fast, thanksgiving, or holiday. If the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the ninth day of September, or the twenty-fifth day of December shall fall upon a Sunday, the Monday following is a holiday. En. March 21, 1872. Am’d. 1880, 9; 1889, 47; 1893, 186; 1897, 14.

$ 8. Same. If the first of January, the twenty-second of February, the fourth of July, or the twenty-fifth of De. cember falls upon a Sunday, the Monday following is a holiday. En. March 21, 1872. Revealed

$ 9. Business days. All other days than those mentioned in the last two sections are to be deemed business days for all purposes. En, March 21, 1872. See sec. 11. ameander

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m § 7 are linainean daga § 10. Computation of time. The time 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 excluded. En. March 21, 1872.

Cal.Rep.Cit. 107, 284; 118, 88; 119, 88; 131, 594.

Time, how computed, and year, week, and day defined: See Pol. Code, secs. 3255 et seq.

§ 11. Certain acts not to be done on holidays. 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, it may be performed upon the next business day with the same effect as if it had been performed upon the day appointed. En. March 21, 1872.

Cal.Rep.Cit. 110, 551; 136, 193; 136, 256.

$ 12. Joint authority construed. 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. En. March 21, 1872.

Cal.Rep.Cit. 100, 132.

§ 13. Words and phrases, how construed. 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 may have acquired a peculiar and appropriate meaning in law, or are defined in the succeeding section, are to be construed according to such peculiar and appropriate meaning or definition. En. March 21, 1872.

Cal.Rep.Cit. 75, 73; 131, 435; 136, 464; 138, 366. Words and phrases, how construed.—The above is the general rule with regard to the construction of words, whether in contracts, statutes, or constitutions. The meaning to be given to words in contracts is provided for in this code, secs. 1644, 1645, and in the Code of Civil Procedure, sec. 1861.

$14. Certain terms defined. Words used in this code in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular; the word person includes a corporation as well as a natural person, county includes city and county; writing includes printing and typewriting; oath includes affirmation or declaration; and every mode of oral statement, under oath or affirmation, is embraced by the term “testify,” and every written one in the term "depose;" signature or subscription includes. mark, when the person cannot write, his name being written near it, by a person who writes his own name as a witness; provided, that when a signature is by mark it must in order that the same may be acknowledged or may serve as the signature to any sworn statement be witnessed by two persons who must subscribe their own names as witnesses thereto. The following words have in this code the signification attached to them in this section, unless otherwise apparent from the context:

1. The word "property" includes property real and personal;

2. The words “real property" are coextensive with lands, tenements, and hereditaments;

3. The words “personal property" include money, goods, chattels, things in action, and evidences of debt;

4. The word "month” means a calendar month, unless otherwise expressed;

5. The word "will" includes codicil;

6. The word "section" whenever hereinafter employed refers to a section of this code, unless some other code or statute is expressly mentioned. En. March 21, 1872. Am'd. 1873-4, 181; 1903, 407. Cal.Rep.Cit. 54, 109; 62, 184; 72,

73, 322; 91, 248; 96, 600; 110, 396; 113, 353; 135, 172. Subd. 3 - 73, 322. Subd. 4-131, 594; 133, 71; 134, 289; 135, 172. Subd. 5

58, 375. Similar provisions: Pol. Code, sec. 17; Code Civ. Proc., sec. 17; Pen. Code, sec. 7.

Words used in boundaries are defined in secs. 3903 to 3907 of the Political Code.


$ 15. Good faith, what constitutes. March 21, 1872. Rep. 1873-4, 182.

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$ 16. Degrees of care and diligence. (Repealed.) En. March 21, 1872. Rep. 1873-4, 182.

$ 17. Degrees of negligence. (Repealed.) En. March 21, 1872. Rep. 1873-4, 182.

Cal.Rep.Cit. 53, 460; 66, 590.

8 18. Notice, actual and constructive. Notice is:

1. Actual—which consists in express information of a fact; or,

2. Constructive—which is imputed by law. En. March 21, 1872.

Cal.Rep.Cit. 97, 584 ; 118, 260; 119, 451 ; 131, 587; 132, 593.

19. Constructive notice, when deemed. Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, has constructive notice of the fact itself in all cases in which, by prosecuting such inquiry, he might have learned such fact. En March 21, 1872. Am'd. 1873-4, 182. Cal.Rep.Cit. 77, 456; 82, 626; 97, 584; 118, 260; 119, 451 ;

120, 284; 122, 101; 122, 521; 123, 166 ; 128, 224; 131, 587. Constructive notice-Recording instruments: See post, sec. 1213.

$ 20. Effect of repeal. 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 this 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 or 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. En. March 21, 1872.

Cal.Rep.Cit. 68, 303; 96, 493; 109, 580; 121, 364.

Similar provisions: Pol. Code, sec. 18; Code Civ. Proc., sec. 18.

Statutes continued in force: See sec. 19 of the Political Code and Penal Code, and Statutes in force.

Vested rights: See ante, sec, 6.

$21. This act, how cited. This act, whenever cited, enumerated, referred to, or amended, may be designated simply as “The Civil Code," adding, when necessary, the number of the section. En. March 21, 1872.

Title of the act: See ante, sec. 1.

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