THE

POLITICAL CODE

OF THE

STATE OF CALIFORNIA.

PRELIMINARY PROVISIONS.

SECTION 2. When Code takes effect.

3. Not retroactive.

4. Construction of the Political Code.

5. Provisions similar to existing laws, how construed.

6. Tenure of offices preserved.

7. Construction of repeal as to certain officers.

8. Actions, etc., not affected by this Code.

9. Limitations shall continue to run.

10. Holidays.

11. Same.

12. Computation of time.

13. Certain acts not to be done on holidays.

14. Seal defined.

15. Joint authority.

16. Words and phrases.

17. Certain terms used in this Code defined.

18. Statutes, laws, or rules inconsistent with Code repealed.

19. Certain statutes preserved.

20. This Act, how cited, etc.

When Code

takes

2. This Code takes effect at twelve o'clock, noon, of the first day of January, eighteen hundred and effect. seventy-three.

Not retroactive.

Construc-
tion of the
Political
Code.

Provisions similar to existing laws, how construed.

Tenure of offices

3. No part of it is retroactive, unless expressly so declared.

NOTE.-See note to Sec. 3 of the Civil Code, Vol. I; Bensley vs. Ellis, 39 Cal., p. 309.

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.

NOTE. See note to Sec. 4 of the Civil Code, Vol. 1.

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.

6. All persons who at the time this Code takes preserved. effect hold office under any of the Acts repealed, continue to hold the same according to the tenure thereof, except those offices which are not continued by one of the Codes adopted at this session of the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.

Construction of

repeal as to certain officers.

NOTE.-The Legislature has power to alter or abridge the terms of officers created purely by its enactments.— People vs. Haskell, 5 Cal., p. 357. Though an office is derived from the people, the Legislature may make its enjoyment dependent on various conditions, such as election and qualifications.-Id. Incumbent of an administrative office may be legislated out during the term for which he was elected.-People vs. Banvard, 27 Cal., p. 470.

7. When any office is abolished by the repeal of any Act, and such Act is not in substance reënacted or continued in either of the four Codes, such office ceases at the time the Codes take effect.

NOTE.-See preceding note.

8. No action or proceeding commenced before this Code takes effect, and no right accrued, is affected by

etc., not

its provisions, but the proceedings therein must con- Actions, form to the requirements of this Code as far as applicable.

NOTE.-See Art. I, Sec. 10, Subd. 1, Constitution of the United States; and Art. I, Sec. 16, Constitution of the State of California; Smith vs. Morse, 2 Cal., p. 524; Thorne vs. Hays, 4 Cal., p. 127; Stafford vs. Lick, 7 Cal., 479; Tallant vs. Woods, id., p. 579. In Myers vs. English, 9 Cal., p. 341, this provision (State Const., Art. 1, Sec. 16,) was held to apply to contracts between individuals, and not to contracts between individuals and the State. Cohen vs. Wright, 22 Cal., p. 293; see Appendix, post, and note to Sec. 16, Art. I, State Constitution.

affected by

this Code.

tions shall

continue

to run.

9. When a limitation or period of time prescribed Limitain any existing statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this Code takes effect, and the same or any limitation is prescribed in this Code, the time of limitation continues to run and has the like effect as if the whole period had begun and ended after its adoption.

NOTE.-See Code of Civil Procedure, Part II, Title

II, "Of the Time of Commencing Civil Actions," and
notes thereto.

10. Holidays, within the meaning of this Code, Holidays. are: Every Sunday, the first day of January, the twenty-second day of February, the fourth 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.

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

12. The time in which any act provided by law is Computato be done is computed by excluding the first day, time.

Certain acts not to

and including the last, unless the last day is a holiday, and then it is also excluded.

NOTE.-See Civil Code, Vol. 1, Sec. 10, and note.

13. Whenever any act of a secular nature, other be done on than a work of necessity or mercy, is appointed by

holidays.

Seal defined.

Joint authority.

Words and phrases.

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.

14.

NOTE.-See Civil Code, Vol. 1, Sec. 11, and note.

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.

NOTE.-Seals other than official are abolished by the provisions of the Civil Code. This section is in accordance with the previous statute.-Hittell, ¶ 5388, & 454; see Code Civil Procedure, Secs. 1930 and 1931, and notes; see, also, Stats. 1851, Sec. 123.

15. 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.

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.

NOTE.-See Civil Code, Vol. 1, Sec. 13, and note.

17. Whenever the terms mentioned in this section are employed in this Code they are employed in the