senses hereafter affixed to them, except where a differ- Certain ent 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 offense, action, or proceeding, it includes this State, any other State, Government, or country which may lawfully own any property within this

2-VOL. I.

terms used in this Code defined.

Same.

Statutes, laws, or

sistent

with Code repealed.

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.

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 rules incon- 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.

NOTE. This section was amended after its adoption in this Code, by "An Act to amend, and in relation to, the Political, Civil, and Penal Codes, and the Code of Civil Procedure,” approved April 1st, 1872, so as to read as it is here published in the text. Intention in legislation enters largely into the construction of statutory enactments, amendments, and repeals. Construction. Where there is no doubt as to the intention of the Legislature.-Manlove vs. White, 8 Cal., p. 376. Where a statute repeals or supersedes certain sections of a previous statute, a mere declaration of a still subsequent statute that the repealing statute shall not repeal these sections is not a law reviving or enacting them.-State vs. Conkling, 19 Cal., p. 501. There can be no law without a legislative intent that it become a law, and such intent must be manifested by language declaring the legislative will.-Id. Construction of the words “repealing all laws and parts of laws in conflict with," etc.-People vs. Grippen, 20 Cal., p. 677; People vs. Durick, id., p. 94. A repeal of a statute under which alone the right of action exists, extinguishes such action commenced, unless a subsequent Act authorizes the Court to try and determine it.-McMinn vs. Bliss, 31 Cal., p. 122. Repeals by implication are not in favor with the Courts.-Scofield vs. White, 7 Cal., p. 400; Crosby vs. Patch, 18 Cal., p. 438; People vs. S. F. & S. J. R. Co., 28 Cal., p. 254. The last of two conflicting Acts, how construed.-Pierpont vs. Crouch, 10 Cal., p. 315; Crosby vs. Patch, supra; see, also, 3 Sedgwick on State and Const. Law, p. 123, and Williams vs. Pritchard, 4 Dunf. & East, there cited. A statute may be repealed by express words or by necessary implication, where it is apparent by subsequent legislation that the Legislature did not intend the former Act to remain in force.-Christy vs. Board Sup. Sac. County, 39 Cal., p. 3. In the case of Ellis vs. Page, 1 Pick, pp. 43-45, the Court hold that "where some parts of a revised statute are omitted in a revising statute, they are not to be revived by construction, but are to be considered as annulled." Also, Rutland vs. Mendon, ib., p. 154; Blackburn vs. Walpole, 9 ib., p. 97. So in the case of Towle vs. Marrett, 3 Greenleaf, p. 22, the Court holds that whenever the Legislature of Maine appear to have revised the subject matter of any statutes of Massachusetts, and enacted such provisions as they deemed suitable to the wants of

Certain

statutes

the people of that State, the former statutes are to be considered as no longer in force, though not expressly repealed. In this case, the provisions of the Act construed as no longer in force are not in conflict with the revised law; but the revising law is construed as containing the will of the Legislature on the whole subject. In Maine it was held that "where a statute is revised and a provision contained in it is omitted in the new statute, the inference is that a change in the law is intended."-See cases of Buck vs. Spofford, 31 Me., p. 34; Pingree vs. Small, 42 Me., p. 53; Giddings vs. Cox, 3 Vt., p. 31; and Rogers vs. Watrous, 8 Texas, p. 62. Motives of the Legislature is not the proper subject of inquiry by the Courts.-Harpending vs. Haight, 39 Cal., p. 189; People vs. Gerke, 37 Cal., p. 228; People vs. Tyler, 36 Cal., p. 522. The last of two statutes on cognate subjects, inconsistent with each other, prevails. Estate of Wixom, 35 Cal., p. 320; see Gates vs. Salmon, id., p. 576, as to construction of statutes. Courts must construe statutes according to intent of the Legislature. Tynan vs. Walker, id., p. 634. A section must be read with the context to give it a proper construction.People vs. White, 34 Cal., p. 183.

19. Nothing in either of the four Codes affects any preserved. 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;

statutes

7. All Acts in relation to a Branch State Prison; Certain 8. An Act for the more effectual prevention of cru- preserved. elty to animals, approved March thirtieth, eighteen hundred and sixty-eight.

NOTE.-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.

NOTE.-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.

NOTE.-Stats. 1870, p. 585.

11. An Act concerning marks and brands in the County of Siskiyou, approved March twentieth, eighteen hundred and sixty-six.

NOTE.-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.

NOTE.-Stats. 1866, p. 637.

13. An Act concerning trout in Siskiyou County, approved April second, eighteen hundred and sixtysix.

NOTE.-Stats. 1866, p. 857.

14. An Act to prevent the destruction of fish in Napa River and Sonoma Creek, approved January twenty-ninth, eighteen hundred and sixty-eight.

NOTE.-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.

NOTE.-Stats. 1870, p. 325.

16. An Act to regulate salmon fisheries in Eel