twenty-fifth day of December, every day on which an SEC. 11. If the first day of January, the twenty-second Same. day of February, or the twenty-fifth day of December falls upon a Sunday, the Monday following is a holiday. tion of time SEC. 12. The time in which any act provided by law Computais 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. 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. Certain acts done on not to be holidays. defined. SEC. 14. When the seal of a Court or public officer or Seal word "seal" includes an impression of such seal upon authority. SEC. 15. Words giving a joint authority to three or Joint phrasos. SEC. 16. Words and phrases are construed according Words and 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. Certain terms used defined. SEC. 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: 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. 4. 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 the word "affirm." Every mode of oral statement 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 offence, 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 Same. 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 eight hundred and seventeen of the Penal Code. 19. The term "magistrate" signifies any one of the officers mentioned in section eight hundred and eight of the Penal Code. etc., incon sistent with Code SEC. 18. No statute, law, or rule is to be retained Statutes, because it is consistent with the provisions on the same subject in this Code; but all statutes, laws, and rules repealed. heretofore in force in this State, in any case provided for by this Code, or inconsistent with its provisions, which are not expressly continued in force by it, are hereby 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 or local statute not expressly repealed. statutes SEC. 19. Nothing in either of the four Codes affects Certain any of the provisions of the following statutes, but such preserved. statutes are recognized as continuing in force notwith Same. standing 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. Stats. 1868, p. 604. 9. An Act for the suppression of Chinese houses of ill fame, approved March thirty-first, eighteen hundred and sixty-six. Stats. 1866, p. 641. 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. Stats. 1870, p. 585. 11. An Act concerning marks and brands in the County of Siskiyou, approved March twentieth, eighteen hundred and sixty-six. Stats. 1866, p. 332. 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. Stats. 1866, p. 637. 13. An Act concerning trout in Siskiyou County, approved April second, eighteen hundred and sixty-six. Stats. 1866, p. 857. 14. An Act to prevent the destruction of fish in Napa Same. River and Sonoma Creek, approved January twenty-ninth, eighteen hundred and sixty-eight. Stats. 1868, p. 13. 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. Stats. 1870, p. 325. 16. An Act to regulate salmon fisheries in Eel River, in Humboldt County, approved April eighteenth, eighteen hundred and fifty-nine. Stats. 1859, p. 298. 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 sixtysix. Stats. 1866, p. 322. 18. An Act concerning oysters, approved April twentyeighth, eighteen hundred and fifty-one. Stats. 1851, p. 432. 19. An Act concerning oyster beds, approved April second, eighteen hundred and sixty-six. Stats. 1866, p. 848. 20. An Act concerning gas companies, approved April fourth, eighteen hundred and seventy. Stats. 1870, p. 815. 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. Stats. 1870, p. 746. 22. An Act supplemental to the Act mentioned in the preceding subdivision, approved April fourth, eighteen. hundred and seventy. Stats. 1870, p. 744. NOTE.-The Acts retained by this and other provis |