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Same provision: Civ. Code, sec. 10; Code Civ. Proc., sec. 12.
Time, how computed, and year, week, and day defined: See post, secs. 3255 et seq.
$ 13. Certain acts not to be done on holidays. 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. En. March 12, 1872.
Cal.Rep.Cit. 114, 483; 136, 193.
Same provision: Civ. Code, sec. 11; Code Civ. Proc., sec, 13.
$ 14. Seal defined. 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. En. March 12, 1872.
Same provision: Code Civ. Proc., sec. 14.
Private writings-seals for: See Code Civ. Proc., secs. 1929-1934.
Abolition of distinction between sealed and unsealed instruments: See Civ. Code, sec. 1629; Code Civ. Proc., sec. 1932.
Impression of seal-sufficient: See Civ. Code, sec. 1628. Seals of courts: See Code Civ. Proc., secs. 147-153.
$ 15. Joint authority. 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. En. March 12, 1872.
Cal.Rep.Cit. 54, 293; 105, 627; 105, 629.
Same provision: Civ. Code, sec. 12; Code Civ. Proc., sec. 15.
$ 16. Words and phrases. 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. En. March 12, 1872.
Same provisions: Civ. Code, sec. 13; Code Civ. Proc., sec. 16.
Words of a contract-how interpreted: See Civ. Code, sec. 1644.
Terms of a writing-how construed : See Code Civ. Proc., sec. 1861.
Technical words: See Civ. Code, sec. 1645.
$ 17. Certain terms used in this code defined. 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 neuter; 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; every mode of oral statement under oath or affirmation is embraced by the term "testify," and every written one in the term “depose”; 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 following words, also, have in this code the signification attached co them in this section, unless otherwise apparent from the context:
One-The word "property” includes both real and personal property.
Two-The words "real property" are coextensive with lands, tenements and hereditaments.
Three—The words “personal property" include money, goods, chattels, things in action, and evidences of debt.
Four-The word "month” means a calendar month, unless otherwise expressed.
Five-The word "will" includes codicils.
Six-The word "writ” signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer; and the word "process," a writ or summons issued in the course of judicial proceedings.
Seven-The word “vessel,” when used in reference to shipping, includes ships of all kinds, steamboats and steamships, canal boats, and every structure adapted to be navigated from place to place.
Eight-The term "peace officer" signifies any of the officers mentioned in section eight hundred and seventeen of the Penal Code.
Nine-The term “magistrate" signifies any one of the officers mentioned in section eight hundred and eight of the Penal Code.
Ten-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. En. March 12, 1872. Am'd. 1873-4, 2.
Cal.Rep.Cit. 54, 35; 62, 116; 92, 614.
Similar provisions: Civ. Code, sec. 14; Code Civ. Proc., sec. 17; Pen. Code, sec. 7.
Words used in boundaries are defined in sections 3903 to 3907 of this code.
18. Statutes, laws or rules inconsistent with code repealed. No statute, law, or rule is continued in force 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 etatute not expressly repealed. En, March 12, 1872.
Cal. Rep.Cit. 49, 412; 70, 505; 70, 506; 70, 507; 74, 510.
Same provision: Civ. Code, sec. 20; Code Civ. Proc., sec. 18.
Repealing statutes—and repeals generally: Post, secs. 327-329, 4504, 4505.
Statutes continued in force: Post, sec. 19.
The repeal of a repealing act does not revive the original act: See post, sec. 328.
Vested rights: See sec. 8.
§ 19. Certain statutes preserved. Nothing in either of the four codes affects any of the provisions of the following statutes, but such statutes are recognized as continuing in force, notwithstanding 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;
9. An act for the suppression of Chinese houses of illfame, approved March thirty-first, eighteen hundred and sixty-six;
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;
11. An act concerning marks and brands in the county of Siskiyou, approved March twentieth, eighteen hundred and sixty-six;
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;
13. An act concerning trout in Siskiyou County, approved April second, eighteen hundred and sixty-six;
14. An act to prevent the destruction of fish in Napa River and Sonoma Creek, approved January twenty-ninth, eighteen hundred and sixty-eight;
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;
16. 'An act to regulate salmon fisheries in Eel river, in Humboldt County, approved April eighteenth, eighteen hundred and fifty-nine;
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 sixty-six;
18. An act concerning oysters, approved April twentyeighth, eighteen hundred and fifty-one;
19. An act concerning oyster-beds, approved April seco ond, eighteen hundred and sixty-six;
20. An act concerning gas companies, approved April fourth, eighteen hundred and seventy;
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;
22. An act supplemental to the act mentioned in the preceding subdivision, approved April fourth, eighteen hun. dred and seventy;
23. All acts in relation to lawful fences, estrays, and the trespassing of animals upon private property;
24. An act for the relief of insolvent debtors and the protection of creditors, approved May fourth, eighteen hundred and sixty-two, and the acts amending and supplementing such act;
25. All acts in relation to taxation for local purposes;
26. All acts dividing counties into collection and assessment districts;
27. All acts allowing county or city and county officers to appoint deputies, clerks and subordinate officers, in so far as such acts authorize the appointment and fix the compensation of such deputies, clerks and subordinate oficers. En. March 12, 1872. Cal.Rep.Cit. 45, 695; 46, 481 ; 46, 483; 50, 118; 51, 297 ;
58, 565; 61, 207; 64, 234 ; 64, 238; 64, 240; 67, 593; 70, 505; 70, 506; 70, 507; 114, 562. Subd. 1 - 53, 572.
Subd. 2 - 53, 572. Subd. 23–79, 320. Subd. 25–53, 572. Similar provisions: Pen. Code, sec. 23.
Further instances-of continued statutes: See post, secs. 697, 1415, subd. 4, and secs. 4331, 4442.
$ 20. This act, how cited, etc. This act, whenever cited, enumerated, referred to, or amended, may be designated simply as the Political Code, adding, when necessary, the number of the section. En. March 12, 1872.
Cal.Rep.Cit. 46, 481.