Writs of election to fill vacancies in the representation of Y. Yeas and nays of the members of either house shall, at the The votes of both houses upon the reconsideration of a 1. (1) (1) (1) (1) (1) Signification of words.-Words used in this Code, in the past or present tense, include the future, as well as the past and present. Words used in the masculine gender include the feminine and neuter; the singular includes the plural, and the plural the singular; the word "person" includes a corporation as well as a natural person; "writing" includes printing on paper; "oath" includes affirmation; "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 terms "lunatic," "insane," or "non compos mentis," include all persons of unsound mind. These definitions apply only to words used in this Code, or in statutes construed as part of it; not to contracts or instruments governed by the common law. Bickley v. Keenan, 60 Ala. 296; Ala. Warehouse Co. v. Lewis, 56 Ala. 514. "Singular includes the plural and the plural the singular.''-Brunson v. Brooks, 68 Ala. 248; Thompson v. Boswell, 97 Ala. 570 (12 So. 809); Kent v. Mansel, 101 Ala. 334 (14 So. 489); Garner v. Toney, 107 Ala. 352 (18 So. 161). Person includes an artificial as well as a natural person, unless thereby a statute is rendered inharmonious.-P. & M. Bank v. Andrews, 8 P. 404; Selma v. Mullen, 46 Ala. 411; Mayor v. Rowland, 26 Ala. 498. Writing includes printing, or part writing and part printing.-Johnson v. State, 69 Ala. 593. Signature includes mark: Execution of will by mark.-Bailey v. Bailey, 35 Ala. 687. Attestation of will by mark.-Garrett v. Heflin, 98 Ala. 615 (13 So. 326). Execution of note by mark.-Wimberly v. Dallas, 52 Ala. 196. Execution of mortgage of personalty by mark (before the statute requiring such mortgages to be in writing).-Breene v. McCrary, 52 Ala. 154; Ala. Warehouse Co. v. Lewis, 56 Ala. 514; Bickley v. Keenan, 60 Ala. 296. Since the statute-attestation by mark.-Houston v. State, 114 Ala., 15 (21 So. 813). Execution, by mark, of replevy bond approved by sheriff.-Hester v. Ballard, 96 Ala. 410 (11 So. 427). Generally, words used in a statute are construed in their ordinary and familiar (217) signification.—Mayor v. Winter, 29 Ala. 651; Lehman v. Robinson, 59 Ala. 219. Punctuation marks have no controlling influence in construing statutes.-Danzy v. State, 68 Ala. 296; Cook v. State, 110 Ala. 40 (20 So. 360). The phrase, "sworn to," and the phrases, "verified as required by law" or "duly verified,' are equivalents.—Washington Co. v. Porter, 128 Ala. 278 (29 So. 185). The words "substance" and "detail" construed.-State v. Williams, 143 Ala. 501 (39 So. 276). 2. (2) (2) (2) (2) (2) Meaning of the terms "property," "circuit," "negro," etc.-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 co-extensive with lands, tenements and hereditaments. 3. The words "personal property" include money, goods, chattels, things in action and evidences of debt, deeds and conveyances. 4. The word "circuit" means judicial circuit. 5. The term "negro," within the meaning of this Code, includes mulatto. The term "mulatto," or "person of color," within the meaning of this Code, is a person of mixed blood, descended on the part of the father or mother from negro ancestors, to the fifth generation inclusive, though one ancestor of each generation may have been a white person. "Personal property," "choses in action," defined and discussed.-Hall & Farley v. Ala. Term. & Imp. Co., 143 Ala. 464 (39 So. 285). Personal property as used in the exemption statutes includes everything subject to ownership, except realty.-Enzor v. Hurt, 76 Ala. 595; Kennedy v. Smith, 99 Ala. 83 (11 So. 665). Negro includes mulatto.-Linton v. State, 88 Ala. 216 (7 So. 261). "Fifth" substituted for "third" by Code Committee. 3. (3) (3) (3) (3) (3) Joint authority exercised by a majority. All words giving a joint authority to three or more persons or officers, give such authority to a majority of such persons or officers, unless it is otherwise declared. Jennings v. Jenkins, 9 Ala. 285. 4. (4) (4) (4) (4) (4) Meaning of the word "justice. The word "justice," when applied to a magistrate, means "justice of the peace.' "Justice of the peace," if not otherwise expressed, includes a notary public having and exercising the jurisdiction of a justice of the peace, within the precinct or ward for which he is appointed. 5. (5) (5) (5) (5) (5) Meaning of "preceding" and "following."-"Preceding" and "following" mean next before and next after, unless the context shows a different signification. 6. (6) (6) (6) (6) (6) Meaning of "State."-The word "State," when applied to the different parts of the United States, includes the District of Columbia, and the several territories of the United States. 7. (7) (7) (7) (7) (7) Meaning of "United States."-The words "United States" include the territories thereof, and the District of Columbia. 8. (8) (8) (8) (8) (8) Meaning of the words "month" and "year."-The word "month" means a calendar month, and, "year" a calendar year, unless otherwise expressed. 9. (9) (9) (9) (9) (9) When undertaking without seal sufficient. When by law a bond is required, an undertaking without seal is sufficient, and must be taken in all respects as if the same was a sealed instrument. 10. (10) (10) (10) (10) (10) Laws continued in force and (r.c.c.) laws repealed. This Code shall not affect any existing right, remedy, or defense, nor shall it affect any prosecution now commenced, or which shall be hereafter commenced, for any offense already committed. As to all such cases the laws in force at the adoption of this Code shall continue in force. But this section does not apply to changes in forms of remedy or defense, to rules of evidence, nor to provisions authorizing amendments of process, proceedings or pleadings in civil causes. Local, private, or special statutes, and those public laws not of a general and permanent nature, and those relating to the swamp and overflowed lands, and those relating to the public debt, and those relating to institutions of learning, and those relating to the jurisdiction and practice of courts in any division, circuit, county, or other territory less than the entire state, are not repealed by this Code. But subject to the foregoing provisions, all statutes of a public, general, and permanent nature, not included in this Code, are repealed. (Feb. 28, 1889, p. 104.) The Code is not a mere compilation of law, but is a body of laws duly enacted.-State v. Towery, 143 Ala. 48 (39 So. 309); Dew v. Cunningham, 28 Ala. 467. General, permanent, and public statutes omitted from the Code are repealed.—Ulmer v. State, 61 Ala. 208; Hatchett v. Billingslea, 65 Ala. 16; Carmichael v. Hays, 66 Ala. 543; Sawyers v. Baker, 72 Ala. 49; Werborn v. Austin, 77 Ala. 381. But such omission does not affect any existing right, remedy, or defense, etc.-Hart v. Ross, 64 Ala. 96; State v. McBride, 76 Ala. 51; Ernst v. Hollis,. 89 Ala. 638 (8 So. 122); Barker v. Anniston, etc., Co., 92 Ala. 314 (8 So. 466); Jordan v. Smith, 83 Ala. 299 (3 So. 703); Robinson v. Holt, 85 Ala. 596 (5 So. 350); Ex parte Oehmig & Weihl, 91 Ala. 558 (8 So. 820). Code provisions which are inconsistent with statutes passed at session at which the Code was adopted are superseded.-Breden v. State, 88 Ala. 20 (7 So. 258); South v. State, 86 Ala. 617 (6 So. 52); Harrison v. Jones, 80 Ala. 412. Instruction to commissioner to incorporate acts passed at the session at which the Code was adopted is directory merely.-South v. State, 86 Ala. 617 (6 So. 52). Speeial jury law for Montgomery county was not repealed by the Code.-Thomas v. State, 124 Ala. 48 (27 So. 315). Code defined.-Hendon v. White, 52 Ala. 597; Amended 1903, p. 395. Baker v. Bell, 46 Ala. 216. Adoption of Code, repealing other statutes.-South's 11. (11) (11) (11) (14) (13) Time, how computed.-The Oct. 6, time within which any act is provided by law to be done must be computed by excluding the first day and including the (r.c.c.) last; if the last day is Sunday, it must also be excluded, and the Monday following shall be counted as the last day within which the act may be done. In designating the hours of the day, the time used shall be that of the ninetieth degree of longitude west of Greenwich, otherwise known as "Standard Railroad Central Time." If act is to be done within a given time after adjournment of court, the first day after adjournment must be excluded.-Ragsdale v. Kinney, 119 Ala. 459 (24 So. 443). If act is to be done within thirty days from the 29th of November, the time expires on the 29th of December; if that day be Sunday, the act cannot be performed on Monday following, but should be done on Saturday preceding the last day.-Anniston Co. v. Cooper, 136 Ala. 418 (34 So. 931). Excluding first and including last day.-Garner v. Johnson, 22 Ala. 494; Owen v. Slatter, 26 Ala. 547; Lang v. Phillips, 27 Ala. 311; Field v. Gamble, 47 Ala. 443; City Council v. Adams, 51 Ala. 449; Dickson v. Frisbee, 52 Ala. 165; Madden v. Floyd, 69 Ala. 221; Chapman v. Ewing, 78 Ala. 403; Loosse v. Vogel, 80 Ala. 308; Thrower v. Brandon, 89 Ala. 406 (7 So. 442); L. & N. R. Co. v. Watson, 90 Ala. 68 (8 So. 249). If last day of limitation is Sunday, action brought on following Monday barred.-Allen v. Elliot, 67 Ala. 433. When fractions of a day considered to determine priority of liens.-German Security Bank v. Campbell, 99 Ala. 249 (12 So. 436); Lang v. Philips, 27 Ala. 311. "Until January 5,' ,"excludes that day.-Richardson v. State, 142 Ala. 12 (39 So. 12). See Mayfield's Digest, vol. 4, p. 945. 12. Common law of England, adopted.-The common law of England, so far as it is not inconsistent with the Constitution, laws and institutions of this state, shall, together with such institutions and laws, be the rule of decisions, and shall continue in force, except as from time to time it may be altered or repealed by the legislature. 13. Repealed laws not revived. All laws and all statutes or parts of statutes which are repealed or abrogated by this Code, or are repugnant to any law repealed by this Code and which have not been re-enacted or consolidated, shall continue to be so repealed or abrogated. |