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Legislation § 6. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873-4, p. 3.
$7. Construction of repeal as to certain officers. 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 four codes, such office ceases at the time the codes take effect.
Same provision: Code Civ. Proc., § 7.
Legislation $7. Enacted March 12, 1872. 38. Actions, etc., not affected by this code. No action or proceeding commenced before this code takes effect, and no right accrued, is affeeted by its provisions, but the proceedings therein must conform to the requirements of this code as far as applicable.
Similar provisions: Civ. Code, $ 6; Code Civ. Proc., $ 8; Pen. Code, $ 6. Existing actions, effect of code on: See post, § 18.
Legislation $ 8. Enacted March 12, 1872. $9. Limitations shall continue to run. When a limitation or period of time prescribed in any 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 which has already run shall be deemed part of the time prescribed as such limitation by this code. [Amendment approved 1374; Code Amdts. 1873–74, p. 1.]
Same provision: Code Civ. Proc., 9.
Legislation & 9. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873–74, p. 1.
§ 10. Holidays. Saturday half-holiday. Public schools. Holidays, within the meaning of this code, are every Sunday, the first day of January, twelfth day of February, to be known as Lincoln day, twenty-second day of February, thirtieth day of May, fourth day of July, ninth day of September, first Monday in September, twelfth day of October, to be known as “Columbus day,” 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.
If the first day of January, twelfth day of February, twenty-second day of February, the thirtieth day of May, the fourth day of July, the cinth day of September, the twelfth day of October, or the twenty-fifth day of December falls upon a Sunday, the Monday following is a holiday.
Every Saturday from 12 o'clock noon until 12 o'clock midnight is a boliday as regards the transaction of business in the public offices of this state, and also in political divisions thereof where laws, ordinances or ebarters provide that public offices shall be closed on holidays; this shall not be eonstrued to prevent or invalidate the issuance, filing, service, execution or recording of any legal process or written instrument whatever on such Saturday afternoon; and provided, further, that the public sebools of this state shall close on Saturday, Sunday, the first day of January, the thirtieth day of May, the fourth day of July, the twenty
fifth day of December and on every day appointed by the President of the United States or the governor of this state for a public fast, thanksgiving or holiday. Said public schools shall continue in session on all other legal holidays and shall hold proper exercises commemorating the day. Boards of school trustees and city boards.of education shall have power to declare a holiday in the public schools under their jurisdiction when good reason exists therefor. [Amendment approved 1911; Stats. 1911, p. 521.]
Similar provisions: Civ. Code, $ 7; Code Civ. Proc., $ 10.
Legislation § 10. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1880, p. 49. 3. By Stats. 1889, p. 47. 4. By Stats. 1893, p. 187. 5. By Stats. 1897, p. 13. 6. By Stats. 1905, p. 92. 7. By Stats. Extra Sess. 1907, p. 6. 8. By Stats. 1909, p. 23. 9. By Stats. 1911, p. 521.
$ 11, Monday following to be observed, when. 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, the twelfth day of October or the twenty-fifth day of December fall upon a Sunday, the Monday following is a holiday.
Similar provisions: Civ. Code, $ $ 7, 8; Code Civ. Proc., $$ 10, 11.
Legislation § 11. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873–74, p. 2. 3. Repealed by Stats. 1907, p. 581; the code commissioner saying, “Repealed, because its provisions are already contained, word for word, in § 10 of the same code.” 4. Added by Stats. 1909, p. 24.
§ 12. Computation of time. The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded.
Same provision: Civ. Code, $ 10; Code Civ. Proc., $ 12. Time, how computed; and year, week, and day defined: See post, $$ 3255 et seq.
Legislation & 12. Enacted March 12, 1872. § 13. 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, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed.
Same provision: Civ. Code, $ 11; Code Civ. Proc., § 13.
Legislation § 13. Enacted March 12, 1872.
Same provision: Code Civ. Proc., g 14.
Abolition of distinction between sealed and unsealed instruments: See
Impression of seal on paper, etc., sufficient: See Civ. Code, § 1628.
Legislation g 14. Enacted March 12, 1872; based on Practice Act, Stats. 1851, p. 123, § 454. § 15. Joint authority. 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.
Same provision: Civ. Code, $ 12; Code Civ. Proc., § 15.
Legislation § 15. Enacted March 12, 1872. § 16. Words and phrases. 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 such peculiar and appropriate meaning or definition.
Same provisions: Civ. Code, g 13; Code Civ. Proc., § 16.
Legislation § 16. Enacted March 12, 1872. § 17. Words and terms used in the Political Code 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; writing includes printing and typewriting; oath includes affirmation or declaration; 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 Dade by mark it must, in order that the same may be acknowledged or serve as the signature to any sworn statement, be witnessed by two persons who must subscribe their own names as witnesses to such signatore. The following words, also, have in this code the signification attached to them in this section, unless otherwise apparent from the context: One The word "property” includes both real and personal property;
Two—The words “real property" are coextensive with lands, tenements and hereditaments;
Three-the words "personal property” include money, goods, chattels, things in action, and evidences of debt;
Four-The word “month” means a calendar month, unless otherwise expressed;
Five-The word "will" includes codicil;
Six-The word "writ” signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the Ford “process” a writ or summons issued in the course of judicial proceedings;
Seren—The word "vessel,” when used with reference to shipping, inelades ships of all kinds, steamboats, and steamships, canal boats, barges,
and every structure adapted to be navigated from place to place for the transportation of merchandise or persons;
Eight-The term "peace officer” signifies any one of the officers mentioned in section 817 of the Penal Code;
Nine-The term "magistrate" signifies any one of the officers men. tioned in section 808 of the Penal Code;
Ten-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;
Eleven-The word "section,” whenever used in this code, refers to a section of this code, unless some other code or statute is expressly mentioned. [Amendment approved 1912; Stats. Ex. Sess. 1911, p. 249.]
Similar provisions: Civ. Code, $ 14; Code Civ. Proc., § 17; Pen. Code, $ 7.
Words used in boundaries, defined: Post, $$ 3903–3907.
Legislation & 17. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873–74, p. 2. 3. By Stats. 1905, p. 129. 4. By Stats. Extra Sess. 1911, p. 249.
§ 18. Statutes, laws, or rules inconsistent with code repealed. 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 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. (Amended by Act of April 1, 1872.)
Same provision: Civ. Code, 20; Code Civ. Proc., § 18.
Repeal of a repealing act does not revive the original act: See post, § 328.
Vested rights: See ante, $ 8.
Legislation § 18. 1. Enacted March 12, 1872. 2. Amended by act of April 1, 1872.
§ 19. Certain statutes preserved. Nothing in either of the four codes affects any of the provisions of the following statutes, but such statutes are recognized as continuing in force, notwithstanding the provisions of the codes, except so far as they have been repealed or affected by subsequent laws:
1. All acts incorporating or chartering municipal corporations, and acts amending or supplementing such acts;
2. All acts consolidating cities and counties, and acts amending or supplementing such acts;
3. All acts for funding the state debt, or any part thereof, and for issuing state bonds, and acts amending or supplementing such acts;
4. All acts regulating and in relation to rodeos; 5. All acts in relation to judges of the plains;
6. All acts creating or regulating boards of water commissioners and overseers in the several townships or counties of the state;
7. All acts in relation to a branch state prison;
8. An aet for the more effectual prevention of cruelty to animals, approred Mareh thirtieth, eighteen hundred and sixty-eight.
9. An aet for the suppression of Chinese houses of ill-fame, approved March thirty-first, eighteen hundred and sixty-six.
10. An act relating to the home of the inebriate of San Francisco, and to preseribe the powers and duties of the board of managers and the officers thereof, approved April first, eighteen hundred and seventy.
11. An act concerning marks and brands in the county of Siskiyou, approved March twentieth, eighteen hundred and sixty-six.
12. An act to prevent the destruction of fish in the waters of Bolinas Bay, in Marin County, approved March thirty-first, eighteen hundred and sixty-six.
13. An act concerning trout in Siskiyou County, approved April second, eighteen hundred and sixty-six.
14. An act to prevent the destruction of fish in Napa River and Sonoma Creek, approved January twenty-ninth, eighteen hundred and sixty-eight.
15. An act to prevent the destruction of fish and game in, upon, and around the waters of Lake Merritt, or Peralta, in the county of Alameda, approved March eighteenth, eighteen hundred and seventy.
16. An act to regulate salmon fisheries in Eel River, in Humboldt County, approved April eighteenth, eighteen hundred and fifty-nine.
17. An act for the better protection of stock-raisers in the counties of Fresno, Tulare, Monterey and Mariposa, approved March twentieth, eighteen hundred and sixty-six.
18. An aet concerning oysters, approved April twenty-eighth, eighteen hundred and fifty-one.
19. An act concerning oyster-beds, approved April second, eighteen hundred and sixty-six.
20. An act concerning gas companies, approved April fourth, eighteen hundred and seventy.
21. An act to empower the board of supervisors of the several counties of the state to aid in the construction of a railroad in their respective counties, approved April fourth, eighteen hundred and seventy.
22. An act supplemental to the act mentioned in the preceding subdivision, approved April fourth, eighteen hundred and seventy.
23. All acts in relation to lawful fences, estrays, and the trespassing of animals upon private property.
24. An act for the relief of insolvent debtors and the protection of preditors, approved May fourth, eighteen hundred and sixty-two, and the aets amending and supplementing such act.
25. All acts in relation to taxation for local purposes. 26. All acts dividing counties into collection and assessment districts.
27. All acts allowing county or city and county officers to appoint deputies, clerks, and subordinate officers, in so far as such acts authorize