Joint authority construed. Words and phrases, how construed. Certain terms defined. 12. 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. 13. 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. 14. NOTE. Quigley vs. Gorham, 5 Cal., p. 418; Sprague vs. Norway, 31 Cal., p. 173; Maillard vs. Lawrence, 16 How., p. 251. General words are controlled by specific exceptions.-Lucas vs. Payne, 7 Cal., p. 92; U. S. vs. Weiss, 2 Wall. Jr. C. Ct., p. 72. Some effect, if possible, must be given to every word, and certainly to every distinct provision.-Langenour vs. French, 34 Cal., p. 92. 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 dif ferent sense plainly appears: 1. The term "signature" includes any name, mark, or sign written with intent to authenticate any instrument or writing. 2. The words "writing" and "written" include "printing" and "printed," except in the case of signatures, and where the words are used by way of contrast to printing. Writing may be made in any manner, except that when a person entitled to require the execution of a writing demands that it be made with ink it must be so made. 3. The word "paper" means any flexible material upon which it is usual to write. 4. The term "writing" includes both printing and writing. 5. The term "land" and the phrases "real estate terms and "real property" include lands, tenements, and Certain hereditaments, and all rights thereto and interests defined. therein. 6. The words "personal property" include money, goods, chattels, evidence of debt, and "things in action." 7. The word “property " includes personal and real property. 8. The words "compound interest" mean interest added to the principal as the former becomes due, and thereafter made to bear interest. 9. The word "year" means a calendar year, and "month" a calendar month, unless otherwise expressed. Fractions of a year are to be computed by the number of months-thus, half a year is six months. Fractions of a day are to be disregarded in computations which include more than one day, and involve no questions of priority. 10. The abbreviation "A. D." is equivalent to the expression "year of our Lord." 11. 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." 12. 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" include the District and Territories. 13. Where the term "person" is used to designate the party whose property may be the subject of any offense, action, or proceeding, it includes this State, any other State, Government, or country which may lawfully own any property within this State, and all Certain terms defined. public and private corporations, or joint associations, as well as individuals. 14. The word "person," except when used by way of contrast, includes not only human beings, but bodies politic or corporate. 15. The phrase "third persons" includes all who are not parties to the obligation or transaction concerning which the phrase is used. 16. The phrase "persons of unsound mind" includes idiots, lunatics, imbeciles, and habitual drunkards. 17. The term "children," includes children by birth and by adoption. 18. Words used in the singular number include the plural, and the plural the singular. 19. The word "several," as used in relation to number, means two or more. 20. Words used in the masculine gender comprehend as well the feminine and neuter. 21. Words used in the present tense include the future, but exclude the past. 22. The word "will" includes codicils. 23. The word "writ" signifies an order or precept in writing issued in the Court or judicial officer. name of the people or of a mons issued in the course of judicial proceedings. 25. The words "usual" and "customary" mean according to usage. 26. The word "usage" means a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby existing at the place where the obligation is to be performed, and either known to the parties or so well established, general, and uniform, that they must be Certain presumed to have acted with reference thereto. 27. The word "verdict" includes not only the verdict of a jury, but also the finding upon the facts by Judge or of a referee appointed to try the case. 28. The word "value" or the phrase "valuable consideration" means a thing of value parted with or a new obligation assumed at the time of obtaining a thing which is a substantial compensation for that which is obtained thereby. 29. When the seal of a Court, public officer, or officer 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. terms defined. what 15. Good faith consists in an honest intention to Good faith, abstain from taking any unconscientious advantage of constitutes. another, even through the forms or technicalities of law, together with an absence of all information or belief of facts which would render the transaction unconscientious. NOTE.-Claflin vs. Farmers' and Citizens' Bank, 25 care and 16. There are three degrees of care and diligence: Degrees of 1. Slight—which is such as persons of ordinary pru- diligence. dence usually exercise about their own affairs of slight importance; 2. Ordinary-which is such as persons of ordinary prudence usually exercise about their own affairs of ordinary importance; 3. Great-which is such as persons of ordinary prudence usually exercise about their own affairs of great importance. NOTE.-Edwards on Bailments, p. 44; Jones on Degrees of negligence. Notice, actual and construc tive. Construc tive notice, when deemed. criticisms upon the definitions and classifications of "negligence" see Steamer New World vs. King, 16 How., p. 469; Blythe vs. Waterworks, 36 E. L. & E., p. 506. 17. There are three degrees of negligence: 1. Slight-which consists in the want of great care and diligence; 2. Ordinary-which consists in the want of ordinary care and diligence; 3. Gross-which consists in the want of slight care and diligence. 1. Actual which consists in express information of a fact; or, 2. Constructive-which is imputed by law. 19. Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, and who omits to make such inquiry with reasonable diligence, has constructive notice of the fact itself. NOTE.-Call vs. Hastings, 3 Cal., p. 179. If the party who receives information of circumstances suggesting an inquiry for the principal fact, makes that inquiry with due diligence, the result must be either that he will ascertain the fact, or that he will be prevented from doing so by causes for which he is not to blame, and from which he ought not to suffer. If he ascertain it, he then has actual notice, and the doctrine of constructive notice does not apply. If, notwithstanding due diligence, he fails to ascertain it, notice ought not to be imputed to him. The Commissioners, therefore, as respects circumstances putting a person upon inquiry, have limited the doctrine of constructive notice to cases in which there is a failure to make diligent inquiry. (See Foster vs. Beals, 21 N. Y., p. 247; Williamson vs. Brown, 15 N. Y., p. 354; Fassett vs. Smith, 23 N. Y., p. 252). The decision in Kellogg vs. Smith, 26 N. Y., p. 18, is put upon the ground that there was a duty of inquiry, both for the bond and the mortgage; but the inquiry made was only as to the mortgage. |