THE CIVIL CODE OF THE STATE OF CALIFORNIA. AN ACT ΤΟ ESTABLISH A CIVIL CODE. [Approved March 21st, 1872.] The People of the State of California, represented in Senate and Assembly, do enact as follows: TITLE OF THE ACT. 1. This Act shall be known as TE CIVIL CODE OF THE STATE OF CALIFORNIA, and is in Four Divisions, as follows: I.-THE FIRST RELATING TO PERSONS. II. THE SECOND TO PROPERTY. III.-THE THIRD TO OBLIGATIONS. IV. THE FOURTH CONTAINS GENERAL PROVISIONS RELATING TO THE THREE PRECEDING DIVISIONS. THE CIVIL CODE OF THE STATE OF CALIFORNIA. PRELIMINARY PROVISIONS. SECTION 2. When this Code takes effect. 3. Not retroactive. 4. Rules of construction. 5. Provisions similar to existing laws, how construed. 6. Actions, etc., not affected. 7. Holidays. 8. Same. 9. Business days. 10. Computation of time. 11. Certain acts not to be done on holidays. 12. Joint authority construed. 13. Words and phrases, how construed. 14. Certain terms defined. 15. Good faith, what constitutes. 16. Degrees of care and diligence. 17. Degrees of negligence. 18. Notice, actual and constructive. 19. Constructive notice, when deemed. 20. Effect of repeal. 21. This Act, how cited. 2. This Code takes effect at twelve o'clock noon, on the first day of January, eighteen hundred and seventy-three. When this effect. Code takes Not retroactive. Rules of construc tion. Provisions similar to existing laws, how construed. Actions, etc., not affected. 3. No part of it is retroactive, unless expressly so declared. NOTE.-Von Schmidt vs. Huntington, 1 Cal., p. 55; Thorne vs. San Francisco, 4 Cal., p. 127; Gates vs. Salmon, 28 Cal., p. 320; Prince vs. United States, 2 Gall., p. 204; United States vs. Heth, 3 Cranch., p. 399; Harvey vs. Tyler, 2 Wall., p. 328; Holden vs. James, 11 Mass., p. 396; Lewis vs. Webb, 3 Greenl., p. 326; Dash vs. Van Kleek, 7 John., 474; Lewis vs. Brackenridge, 1 Black., p. 220; Smith's Commentaries, Sec. 533. 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 are to be liberally construed with a view to effect its objects and to promote justice. NOTE.-The common law rule is correctly stated in the first sentence of this section.-Hotaling vs. Cronise, 2 Cal., p. 60; People vs. Buster, 11 Cal., p. 215, and Turner vs. Tuolumne Water Company, 25 Cal., p. 397. However sound may be the arguments in favor of this rule, when applied to ordinary acts of the Legislature, it is apparent that it would be improper to apply it in all its severity to a system of laws intended, in a great measure, to take the place of the common law, and having in view, as its leading object, the furtherance of justice and a disregard of technical strictness. The provisions of such a system ought to be construed in the same manner, and with like force and effect, as they would be were the principles enunciated resting in the unwritten law, and it was to this end that the section has been made part of each of the Codes. 5. 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. 6. No action or proceeding commenced before this Code takes effect, and no right accrued, is affected by its provisions. NOTE.-McMinn vs. Bliss, 31 Cal., p. 122; People vs. 7. Holidays, within the meaning of this Code, are: Holidays. every Sunday, the first day of January, the twentysecond 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. 8. If the first of January, the twenty-second of Same. February, the fourth of July, or the twenty-fifth of December falls upon a Sunday, the Monday following is a holiday. days. 9. All other days than those mentioned in the last Business two sections are to be deemed business days for all purposes. tion of time. 10. The time in which any act provided by law is Computato 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. NOTE.-Price vs. Whitman, 8 Cal., p. 412; Iron Mountain Company vs. Haight, 39 Cal., p. 540; Soldiers' Voting Bill, 45 N. H., p. 612. Where the rights of parties are concerned, a day will not be considered a unit, but inquiry may be made as to the very point of time when an act was done.-Craig vs. Godfrey, 1 Cal., p. 145; People vs. Beatty, 14 Cal., p. 566. 11. 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. NOTE.-Sunday not regarded.-McGill vs. Bank Certain acts not to be done on holidays. |