3. "MONTH" AND "YEAR."

The word "month" shall be construed to mean a calendar month, unless otherwise expressed; and the word "year," a calendar year, unless otherwise expressed; and the word "year" alone shall be equivalent to the expression "year of our Lord."

4. LEAP-YEAR, HOW COUNTED.

In every leap-year, the increasing day and the day before, in all legal proceedings, shall be counted as one day.

R. C., c. 31; 21 Hen. III.

5. "OATH" AND "SWORN."

The word "oath" shall be construed to include "affirmation," in all cases where by law an affirmation may be substituted for an oath, and in like cases the word "sworn" shall be construed to include the word "affirm."

6. "PERSON" AND "PROPERTY."

The word "person" shall extend and be applied to bodies politic and corporate, as well as to individuals, unless the context clearly shows to the contrary. The words "real property" shall be coextensive with lands, tenements and hereditaments. The words "personal property" shall include moneys, goods, chattels, choses in action and evidences of debt, including all things capable of ownership, not descendible to the heirs at law. The word "property" shall include all property, both real and personal.

7. "PRECEDING" AND "FOLLOWING."

The words "preceding" and "following," when used by way of reference to any section of this Revisal shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference.

8. "SEAL."

In all cases in which the seal of any court or public office shall be required by law to be affixed to any paper issuing from such court or office, the word "seal" shall be construed to include an impression of such official seal, made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto. 9. "WILL."

The term "will" shall be construed to include codicils as well as wills.

10. "WRITTEN" AND "IN WRITING."

The words "written" and "in writing," may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark.

11. "STATE" AND "UNITED STATES."

The word "state," when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so-called; and the words. "United States" shall be construed to include the said district and territories and all dependencies.

12. "IMPRISONMENT FOR ONE MONTH," HOW CONSTRUED.

The words "imprisonment for one month," wherever used in any of the statutes, shall be construed to mean "imprisonment for thirty days."

Code, s. 3765.

2832. Where amended, how construed. Where a part of a statute is amended it is not to be considered as having been repealed and re-enacted in the amended form; but the portions which are not altered are to be considered as having been the law since their enactment, and the new provisions as having been enacted at the time of the amendment.

Code, s. 3766; 1868-9, c. 270, s. 22; 1870-1, c. 111.

CHAPTER 69.

STRAYS.

(Sections 2833-2835.)

2833. Owner notified; if unknown, register of deeds notified. Any person who shall take up any stray horse, mare, colt, mule, ass or jennet, neat cattle, hog or sheep, shall within ten days after taking up such stray inform the owner, if to him known, if not, he shall inform the register of deeds of the supposed age, marks, brands and color of the stray, and that the same was taken up at his plantation or place of abode; whereupon the register of deeds shall record such information in a book kept by him for that purpose, for which serv

ice the taker-up of said stray or strays shall pay a fee of twenty-five cents, except for hogs and sheep, for which the fee shall be ten cents. The register of deeds shall at once publish a notice of the taking up of such stray, by posting the same at the courthouse door, and if the cost does not exceed two dollars, then in some newspaper published in the county. Such notices shall be published for thirty days, and shall contain a full and complete description of said stray and of all marks or brands on the same, and when and where the same was taken up. The fees for publishing such notices shall be paid by the party taking up the stray.

Code, s. 3768; 1874-5, c. 258, s. 2.

2834. Owner may reclaim. When any stray has been taken up, the owner may at any time before a sale reclaim such stray by proving his ownership and paying to the party capturing the same the actual costs paid the register of deeds as provided in the preceding section, together with the actual costs of keeping such stray, as fixed by the county commissioners. The board of commissioners of the several counties shall fix a scale of costs for keeping strays.

2835. When and how strays sold. If the owner of any stray shall fail to claim the same within thirty days after the publication of the notice required by law, the person taking up the stray shall cause the stray to be appraised by the nearest magistrate and two freeholders, none of whom shall receive any fees for such services. Such appraisement shall give a full and accurate description of such stray and shall by the magistrate be returned to the register of deeds, and by him recorded in his book for strays; and the register of deeds shall issue an order to the sheriff directing him to sell such stray and the sheriff shall sell such stray at public auction after ten days public advertisement as for sales of personal property under execution; and out of the proceeds he shall pay the cost of publishing the notices as to strays, the costs of keeping and the costs of sale, and shall pay the surplus to the county treasurer for the benefit of the public school fund of the county. The county board of education shall, at any time within twelve months after such funds have been paid to the county treasurer, upon due proof of ownership, issue an order commanding the county treasurer to pay to the owner of the stray the net amount paid the county treasurer as the proceeds of the sale of the stray.

CHAPTER 70.

SUNDAY AND HOLIDAYS.

(Sections 2836-2839.)

2836. Work in ordinary calling on Sunday forbidden. On the Lord's day, commonly called Sunday, no tradesman, artificer, planter, laborer, or other person, shall, upon land or water, do or exercise any labor, business or work, of his ordinary calling, works of necessity and charity alone excepted, nor employ himself in hunting, fishing or fowling, nor use any game, sport or play, upon pain that every person so offending, being of the age of fourteen years and upwards, shall forfeit and pay one dollar.

Code, s. 3782; R. C., c. 115; 1741, c. 30, s. 2.

2837. What process executed on Sunday. It shall not be lawful for any sheriff, constable, or other officer to execute any summons, capias, or other process on Sunday, unless the same be issued for treason, felony or misdemeanor.

Code, s. 928; R. C., c. 31, s. 54; 1777, c. 118, s. 6.

2838. Dates of public holidays. The first day of January, the nineteenth day of January, the twenty-second day of February, the tenth day of May, the twentieth day of May, the fourth day of July, the first Monday in September, the day appointed by the governor as a thanksgiving day, and the twenty-fifth day of December of each and every year, are declared to be public holidays; and whenever any such holiday shall fall upon Sunday, the Monday following shall be a public holiday.

Code, s. 3784; 1891, c. 58; 1899, c. 410; 1901, c. 25; 1881, c. 294.

2839. Acts to be done on Sunday or holidays. Where the day or the last day for doing an act required or permitted by law to be done falls on Sunday or on a holiday the act may be done on the next succeeding secular or business day.

Code, ss. 3784, 3785, 3786; 1899, c. 733, s. 194.

CHAPTER 71.

SURETY.

(Sections 2840-2848.)

2840. Suretyship shown, what judgment and execution to con tain. In the trial of actions upon contracts, either of the defendants may show in evidence that he is surety, and if it be satisfactorily shown, the jury in their verdict, or the justice of the peace in his judgment, shall distinguish the principal and surety, which shall be indorsed on the execution by the clerk, or justice of the peace issuing it.

Code, s. 2100; R. C., c. 31, s. 124; 1826, c. 31, s. 1.

2841. Property of principal sold before that of surety. When an execution, indorsed as aforesaid, shall come to the hands of any officer for collection, he shall levy on all the property of the principal, or so much thereof as shall be necessary to satisfy the execution, and for want of sufficient property of the principal, also on the property of the surety, and make sale of all the property of the principal levied on before that of the surety.

Code, s. 2101; R. C., c. 31, s. 125; 1826, c. 31, s. 2.

2842. Summary remedy for and against principal. Any person, who may have paid money for and on account of those for whom he became surety, upon producing to the superior court, or any justice of the peace having jurisdiction of the same, a receipt, and showing that an execution has issued, and he has satisfied the same, and making it appear by sufficient testimony, that he has laid out and expended any sum of money, as the surety of such person, may move the court or justice of the peace, as the case may be, for judgment against his principal, for the amount which he has actually paid; a citation having previously issued against the principal to show cause why execution should not be awarded; and should not the principal show sufficient cause, the court or justice shall award execution against the estate of the principal.

Code, s. 2093; R. C., c. 110, s. 1; 1797, c. 487, s. 1.

2843. Surety paying debt of deceased principal, subrogated to creditors' rights. Whenever a surety, or his representative, shall pay the debt of his deceased principal, the claim thus accruing shall