Joint authority. Words and phrases. Certain terms used. defined. 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. 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 appropriate meaning in law, or are defined in the succeeding section, are to be construed according to such peculiar and appropriate meaning or definition. 17. Whenever the terms mentioned in this section in this Code are employed in this Code they are employed in the senses hereafter affixed to them, except where a different sense plainly appears: Amended 1879-4. 1. The term "signature" includes any name, mark, or sign, written with intent to authenticate any instrument or writing. 2. The term "writing" includes both printing and writing. 3. The term "land," and the phrases "real estate" and "real property," includes lands, tenements, and hereditaments, and all rights thereto, and interests therein. The words "personal property" include money, goods, chattels, evidence of debt, and "things in action." 5. The word "property" includes personal and real property. 6. The word "month" means a calendar month, unless otherwise expressed; and the word "year," and also the abbreviation "A. D.," is equivalent to the expression "year of our Lord." 7. The word "oath" includes "affirmation" in all cases where an affirmation may be substituted for an oath; and in like cases the word "swear" includes terms used in this Code defined. the word "affirm." Every mode of oral statement Certain under oath or affirmation is embraced by the term "testify," and every written one in the term "depose. 8. 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. 9. Where the term "person" is used in this Code to designate the party whose property may be the subject of any offense, action, or proceeding, it includes this State, any other State, Government, or country which may lawfully own any property within this State, and all public and private corporations or joint associations, as well as individuals. 10. The word "person" includes bodies politic and corporate. 11. The singular number includes the plural, and the plural the singular. 12. Words used in the masculine gender comprehend as well the feminine and neuter. 13. Words used in the present tense include the future, but exclude the past. 14. The word "will" includes codicils. 15. The word "writ" signifies an order or precept in writing, issued in the name of the people, or of a Court, or judicial officer. 16. " Process" is a writ or summons issued in the course of judicial proceedings. 17. The word "vessel," when used with reference to shipping, includes ships of all kinds, steamboats, and steamships, canal boats, and every structure adapted to be navigated from place to place. 18. The term "peace officer" signifies any one of the officers mentioned in Section 817 of THE PENAL · CODE. Amended 1873-4. Statutes, etc., incon Code repealed. 19. The term "magistrate" signifies any one of the officers mentioned in Section 808 of THE PENAL CODE. 18. No statute, law, or rule is continued in force. sistent with 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. This Act. how cited, enume rated, etc. NOTE." Every statute must be considered according to what appears to have been the intention of the Legislature, and even though two statutes relating to the same subject be not in terms repugnant or inconsistent, if the latter statute was clearly intended to prescribe the only rule which should govern in the case provided for, it will be construed as repealing the original Act." City and County of Sacramento vs. Bird, 15 Cal., p. 295; Sedgwick on C. and S. Law, p. 124; also, note to Sec. 8, ante. "Whether consistent or not with the provisions of this Code." See Perry vs. Ames, 26 Cal., p. 382, where it is held that, as all laws are presumed to be passed with deliberation, and with full knowledge of all existing ones on the same subject, it is but reasonable to conclude that the Legislature, in passing a statute, did not intend to interfere with or abrogate any former law relating to the same matter, unless the repugnancy between the two is irreconcilable." See, also, Bowen vs. Lease, 5 Hill, p. 522, from which this language is quoted. In view of this decision, the language of the text was necessary, repealing all former laws on the same subject, whether consistent or not. 66 66 19. This Act, whenever cited, enumerated, referred to, or amended, may be designated simply as THE 'CODE OF CIVIL PROCEDURE," adding, when necessary, the number of the section. remedies 20. Judicial remedies are such as are administered Judicial by the Courts of justice, or by judicial officers empow- defined. ered for that purpose by the Constitution and statutes of this State. NOTE.-Introduced as a concise and convenient definition of judicial remedies. DEFINITION OF REMEDY.-"The action or means 21. These remedies are divided into two classes: NOTE. In the matter of Dodd, 27 N. Y. p. 633, a Division of judicial remedies. defined. 22. An action is an ordinary proceeding in a Court Action of justice by which one party prosecutes another for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense. NOTE.-An action is a lawful demand of a man's right.-Co. Litt., p. 285a, Sec. 492; Comyn's Digest, "Action;" Bank of Commerce vs. R. and Washington R. R., 10 How., p. 9; see Mayhew vs. Robinson, 10 How., p. 164. Any judicial proceeding which, if conducted to a termination, will result in a judgment, is an action. People vs. Co. Judge of Rensselaer, 13 How., p. 400; see remarks of Justice Potter, in People vs. Colborne, 20 How., p. 380. Not every judicial decision which terminates in a judgment constitutes an action.-Coe vs. Coe, 37 Barb., p. 233; 14 Abb., p. 88; see 2 Wait's Law and Practice, p. 40. WHAT ARE ACTIONS.-Under a similar provision in the New York Code, it was held that a proceeding supplementary to execution was not a special proceeding under the Code, but a proceeding in the action.Dresser vs. Van Pelt, 15. How., p. 19; Seeley vs. Black, 35 How., p. 369; Lawrence vs. Farmers' L. & T. Co., 6 Duer, p. 689; Bank of Genesee vs. Spencer, 15 How., p. 412. An order or decree having been made in an action, if a party to the action institutes proceedings to enforce it, it is a proceeding in the action, and not a special proceeding.-Pitt vs. Davison, 37 N. Y., p. 235; 34 How., p. 374; 3 Abb., (N. S.,) p. 405. Held otherwise, however, if proceeding be for punishment, as for contempt, of party disobeying order.-See Holstein vs. Rice, 24 How., p. 135; 15 Abb., p. 307; Forbes vs. Willard, Barb., p. 520. Proceedings for partition of lands by summons and complaint are actions.Myers vs. Rasback, 2 Code R., p. 70; 3 How., p. 318; Backus vs. Stilwell, 1 Code R., p. 70; 3 How., p. 318; contra, see Traver vs. Traver, 3 How., p. 351; aff'd 3 How., p. 368; 1 Code R., p. 112; explained in Row vs. Row, 4 How., p. 133. The following have been held actions: A proceeding to enforce a mechanic's lien.People vs. Co. Judge of Renssalaer, 13 How., p. 398. To compel a determination of claims relating to real property. Mann vs. Provost, 3 Abb., p. 446. To obtain the remedy given by a writ of mandate where return is made and issues joined.-People vs. Lewis, 28 How., p. 159; id., p. 470; People vs. Colborne, 20 How., p. 382. A proceeding by the Attorney General to annul a patent granting lands.-People vs. Clarke, 11 Barb., p. 337; 9 N. Y., p. 349. WHAT ARE NOT ACTIONS.-A submission of a controversy under Sec. 1138, post, of this Code, would not be an action.-See decision on a similar section of New York Code; Lang vs. Ropke, 1 Duer, p. 701. Neither would an application to vacate a judgment rendered upon confession.-Belknap vs. Waters, 11 N. Y., p. 477. Nor proceedings on the reference of claims against executor or administrators.-Coe vs. Coe, 37 Barb., p. 232; 14 Abb., p. 86; Akely vs. Akely, 17 How., p. 21. Nor a proceeding to punish a party for contempt in disobeying order in proceedings supplementary to exe.cution.-Holstein vs. Rice, 24 How., p. 135; Gray vs. Cook, 15 Abb., p. 308; Forbes vs. Willard, 54 Barb., p. 520. Nor an application for admission as attorney and an order denying it.-Matter of Cooper, 22 N. Y., p. |