THE CIVIL CODE OF THE STATE OF CALIFORNIA. AN ACT TO ESTABLISH A CIVIL CODE. The People of the State of California, represented in Senate and Assembly, do enact as follows: TITLE OF THE ACT. § 1. THIS Act shall be known as THE CIVIL CODE OF THE STATE OF CALIFORNIA, and is in Four Divisions, as follows: I. The First relating to Persons. II. The Second to Property. III. The Third to Obligations. IV. The Fourth contains General Provisions relating to the three Preceding Divisions. PRELIMINARY PROVISIONS. SECTION 2. When this Code takes effect. 3. Not retroactive. 4. Rules of construction. 5. Provisions similar to existing laws, how construed. 6. Actions, &c., not affected. 7. Holidays. 8. Same. 9. Business days. 10. Computation of time. 11. Certain acts not to be done on holidays. 12. Joint authority construed. SECTION 13. Words and phrases, how construed. 15. Good faith, what constitutes. (Repealed.) 19. Constructive notice, when deemed. 21. This Act, how cited. § 2. This Code takes effect at twelve o'clock noon on the first day of January, eighteen hundred and seventy-three. § 3. No part of it is retroactive, unless expressly so declared. / Cal 55.4 Cal 127 - 28 Cal 320 § 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 are to be liberally construed with a view to effect its objects and to promote iustice. 2 Cal 60, // Cal 215, 25 Cal 397 § 5. The provisions of this Code, so far as they are substantially the same as existing statutes or the common law, must be construed as continuations thereof, and not as new enactments. § 6. No action or proceeding commenced before this Code takes effect, and no right accrued, is affected by its provisions. 31 Cal 122, 6 Wand 5-30 § 7. Holidays, within the meaning of this Code, are: every Sunday, the first day of January, the twenty-second day of February, the thirtieth day of May, 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. If the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, or the twenty-fifth day of December, fall upon a Sunday, the Monday following is a holiday. [In effect April 9, 1880.] § 8. If the first of January, the twenty-second of February, the fourth of July, or the twenty-fifth of December falls upon a Sunday, the Monday following is a holiday. § 9. All other days than those mentioned in the last two sections are to be deemed business days for all purposes. § 10. 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. 8 Cal 412. 39 Cal 540, real, 145, 14 Cal 566. § 11. 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 upor a holiday, it may be performed upon the next business day with the same effect as if it had been performed upon the day appointed. 12 Wheat 511. § 12. Words giving a joint authority to three or more public officers or other persons are construed as giving such au thority to a majority of them, unless it is otherwise expressed in the act giving the authority. § 13. 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 may 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. Cal 418, 31 Cal 173, "cal 92 34 Cal 92, § 14. 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; and every mode of oral statement under oath or affirmation is embraced by the term "testify," and every writ ten one in the term "depose;" signature or subscription inludes mark, when the person cannot write, his name being written near it, and written by a person who writes his own name as a witness. The following words also have in this Code the signification attached to them in this section, unless otherwise apparent from the context : 1. The word " property "includes property real and personal; 2. The words "real property " are coextensive with lands, Jenements, and hereditaments; 3. The words "personal property " include money, goods, chattels, things in action, and evidences of debt; 4. The word ". otherwise expressed; and, means a calendar month, unless 5. The word "will" includes codicils. [In effect July 1, 1876.] 54 Cal. 109. §§ 15, 16, 17 of said Code are repealed. [In effect July 1, 1874.] § 18. Notice is : 1. Actual—which consists in express information of a fact; or, 2. Constructive — which is imputed by law. $19. Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, has constructive notice of the fact itself in all cases in which, by prosecuting such inquiry, he might have learned such fact. [In effect July, 1874.] 3 Cal 179 § 20. 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 or 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. 5 Cal 298. Dec. 6. C.C. § 21. This act, whenever cited, enumerated, referred to, or amended, may be designated simply as "THE CIVIL CODE," adding, when necessary, the number of the section. |