either of the four Codes, such office ceases at the time the Codes take effect. Same provision-in Code Civ. Proc., § 7. 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. Similar provisions-in Civil Code, § 6; Code Civ. Proc., § 8; Penal Code, § 6. Pending actions and proceedings-not affected by Codes, 45 Cal. 221; 46 Cal. 613; 47 Cal. 58; 48 Cal. 35. 646; 49 Cal. 269, 340, 446. Effect of statutes generally on, 23 Cal. 40; 31 Cal. 122. Right accrued-under will, not affected by Codes, 48 Cal. 643. Vested rights-not to be divested by statutes, 2 Cal. 524; 6 Cal. 650; 7 Cal. 347, 479; 15 Cal. 515; 16 Cal. 31; 18 Cal. 590; 22 Cal. 294; 29 Cal. 253; 33 Cal. 108; see also Desty's Const. Cal. 209, 211. and 204. 205. 9. 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. [Approved March 30; in effect July 6, 1874. ] Same provision-in Code Civ. Proc., § 9. Limitations of civil actions-see Code Civ. Proc., §§ 312-363. No retrospective operation-of statutes of limitation, 6 Cal. 430. Effect of Codes-on period of limitation, before amdt. 1874, 50 Cal. 612. 10. 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 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, the twenty-second day of February, the thirtieth day of May, the fourth day of July, or the twenty-fifth day of December, fall upon a Sunday, the Monday following is a holiday. [Approved April 9, 1830.] Similar provisions-in Civil Code, § 7, and Code Civ. Proc., § 10. 11. If the first day of January, the twenty-second day of February, the fourth day of July, or the twenty-fifth day of December, fall upon a Sunday, the Monday following is a holiday. Approved March 30; in effect July 6, 1874.] Similar provisions-in Civil Code, §§ 7, 8, and Code Civ. Proc., $$ 10, 11. 12. The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded. Same provision-in Civil Code, § 10, and Code Civ. Proc., § 12. Time prescribed-in statutes, when held directory, 15 Cal. 221, 384; 30 Cal. 524, 33 Cal. 487. Exclusion of first day-rule of Codes followed, 51 Cal. 514; before Codes, variable rule, 8 Cal. 412. Fraction of day-regarded when important, 1 Cal. 406. 415; 14 Cal. 566; 49 Cal. 285. 289. Sunday-intervening, not counted. 6 Cal. 660; 31 Cal. 241, 271; as day of publ cation, 32 Cal. 347; 50 Cal. 210; promissory note, payable on, when barred, 47 Cal. 579. 13. Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular day, which day falls upon a holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed. Same provision-in Civil Code, § 11, and Code Civ. Proc., § 13. Before Codes-promissory notes due on Sunday payable on preceding Saturday, 47 Cal. 579. 14. When the seal of a Court, public officer or person is required by law to be affixed to any paper, the word "seal" includes an impression of such seal upon the paper alone as well as upon wax or a wafer affixed thereto. Same provision-in Code Civ. Proc., § 14. Seals of courts--see Code Civ. Proc., §§ 147-153. Private writings-seals for; see Code Civ. Proc, $$ 1929-1934. Abolition of Distinction--between sealed and unsealed instruments; see Civil Code, § 1629; Code Civ. Proc., § 1932. Impression of seal-sufficient; see Civil Code, § 1628, 5 Cal. 220, 315. 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. Same provision-in Civil Code, § 12; Code Civ. Proc.. $ 15. Majority may act-54 Cal. 289; unless joint action expressly required, 47 Cal. 363. 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 appopriate meaning in law, or are defined in the succeeding section, are to be construed according to such peculiar and appropriate meaning or definition. Same provision-in Civil Code, § 13, and Code Civ. Proc., § 16. General rule of interpretation-is embodied in section, 42 Cal. 35; 43 Cal. 332; 44 Cal. 366. Words of a contract-how interpreted; see Civil Code, § 1644. 17. 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; 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, and witnessed by a person who writes his own name as a witness. 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 codicils. 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 word "process," a writ or summons issued in the course cf judicial proceedings. Seven-The word "vessel," when used in reference to shipping, includes ships of all kinds, steamboats and steamships, canal boats, and every structure adapted to be navigated from place to place. Eight The term "peace officer" signifies any of the officers mentioned in section eight hundred and seventeen of the Penal Code. Nine--The term "magistrate" signifies any one of the officers mentioned in section eight hundred and eight 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. [4 [Approved March 30; in effect July 6, 1874.] Similar provisions-in Civil Code, § 14; Code Civ. Proc., § 17; Penal Code, $7. Special signification of terms-"Person" includes corporation, 4 Cal. 304; Signature may be printed, etc., 48 Cal. 565; 49 Cal. 413; Signature to petition, 49 Cal. 563: subd. 1, "Property," in Constitution Cal., 1849, did not include credits, 51 Cal. 244; contra, 43 Cal. 331; subd. 3, "Personal property," includes evidences of debt and choses in action, but not for purposes of taxation, 51 Cal. 244; subd. 4, "Month" means calendar month, 21 Cal. 392; 31 Cal. 173; 32 Cal. 347. Words used in connection with boundaries, §§ 3903-3908. 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 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. Same provision-in Civil Code, § 20, and Code Civ. Proc., § 18. Repealing statutes-and repeals generally, SS 327-329, 4504, 4505; 2 Cal. 319; 8 Cal. 376; 15 Cal. 294; 19 Cal. 501; 20 Cal. 94, 677; 31 Cal. 122; 47 Cal. 592; 49 Cal. 353; 54 Cal. 319; Hib. S. & L. Soc. v. Jordan, 5 P. C. L. J. 381. Repeals by implication-not favored, but occur where subsequent statute is repugnant to first, or intended as revision or substitute, 7 Cal, 410; 10 Cal. 315; 18 Cal. 439; 28 Cal. 254; 39 Cal. 3; 40 Cal. 419; 43 Cal. 560; 46 Cal. 97; 49 Cal. 273; 53 Cal. 413, 573. Conflicting enactments-see under Construction of statutes, § 4n. Amendments, see under same note. Statutes continued in force-§ 19, and notes. Revival of repealed act-see § 325n. Accrued right, etc.-see § 8n. 19. 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 Act for the more effectual prevention of cruelty to animals, approved March thirtieth, eighteen hundred and sixty-eight; 9. An Act for the suppression of Chinese houses of illfame, approved March thirty-first, eighteen hundred and sixtysix; 10. An Act relating to the Home of the Inebriate of San Francisco, and to prescribe 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 Act concerning oysters, approved April twentyeighth, 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; |