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THE

CODES AND STATUTES

OF

THE STATE OF CALIFORNIA.

BY

THEODORE H. HITTELL,

AUTHOR OF “HITTELL'S GENERAL LAWS," AND OTHER LAW PUBLICATIONS.

IN TWO VOLUMES.

VOL. II.

SAN FRANCISCO:
A. L. BANCROFT AND COMPANY,
Law Book PUBLISHERS, BOOKSELLERS AND STATIONERS.

Entered according to Act of Congress, in the year 1876,

By A. L. BANCROFT & COMPANY,

In the office of the Librarian of Congress, at Washington.

SAN FRANCISCO:
A. L. BANCROFT & COMPANY,

PRINTERS,

Code of Civil Procedure.

An Act to establish a code of civil procedure.

Approved March 11, 1872.

TITLE OF ACT. 10,001. Title and division of this volume.

SECTION 1. This act shall be known as THE CODE OF CiviL PROCEDURE OF CALIFORNIA, and is divided into four parts, as follows: Part I. OF COURTS OF JUSTICE........

10,033 II. OF Civil Actions........

....... 10,307 III. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE................. 11,063 IV. OF EVIDENCE. ....

...... 11,823

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PRELIMINARY PROVISIONS. 10,002. When this code takes effect.

Sec. 2. This code takes effect at twelve o'clock noon, on the first day of January, eighteen hundred and seventy-three. 10,003. Not retroactive.

Sec. 3. No part of it is retroactive, unless expressly so declared. 10,004. Rule of construction of code.

Sec. 4. The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice. 10,005. Provisions similar to existing laws, how construed.

Sec. 5. The provisions of this code, so far as they are substantially the same as existing statutes, must be construed as continuations thereof, and not as new enactments. 10,006. T'enure of offices preserved.

Sec. 6. All persons who at the time this code takes effect hold office under any of the acts repealed, continue to hold the same according to the tenure thereof, except those offices which are not continued by one of the codes adopted at this session of the legislature. 10,007. Construction of repeal as to certain officers.

Sec. 7. 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 codes, such office ceases at the time the codes take effect. 10,008. Actions, etc., not affected by this code.

Sec. 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.

al as to offed by the her of the

10,009. Limitations shall continue to run.

Sec. 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 wbich has already run shall be deemed part of the time prescribed as such limitation by this code. [Amendment, approved March 24, 1874; Amendments 1873-4, 279; took effect July 1, 1874.(a) 10,010. Holidays.

Sec. 10. Holidays, within the meaning of this code, are every Sunday, the first day of January, the twenty-second day of February, 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. 10,011. Holidays.

Sec. 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, falls upon a Sunday, the Monday following is a holiday. (Amendment, approved March 24, 1874; Amendments 1873–4, 279; took effect July 1, 1874.6) 10,012. Computation of time.

Sec. 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. 10,013. Certain acts not to be done on holidays.

Sec. 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. 10,014. Seal" defined.

SEC. 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. 10,015. Joint authority.

Sec. 15. Words giving a joint authority to three or more public officers or other persons, are coustrued as giving such authority to a majority of them, unless it is otherwise expressed in the act giving the authority. 10,016. Words and phrases.

Sec. 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. 10,017. Terms defined.

Sec. 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 peuter; 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, and every mode of

ta) The original section, instead of the time which as if the whole period had begun and ended after its has already run shall be deemed part of the time pre- adoption." scribed as such limitation by this code," had the words (6) The original section did not have the words ** if limitation continues to run and has the like effect “the fourth day of July."

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