3. The words "personal property" include money, goods, chattels, things in action, and evidences of debt; 4. The word "month" means a calendar month, unless otherwise expressed; 5. The word "will" includes codicil; 6. 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; 7. 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; 8. The word "section" whenever hereinafter employed, refers to a section of this code, unless some other code or statute is expressly mentioned. 9. The word "affinity" when applied to the marriage relation, signifies the connection existing in consequence of marriage, between each of the married persons and the blood relatives of the other. Legislation § 17. 1. Enacted March 11, 1872; based on Practice Act, § 647, which read: "Words used in this act in the present tense shall be deemed to include the future as well as the present; words used in the singular number shall be deemed to include the plural, and the plural the singular; writing shall be deemed to include printing or printed paper; oath to include affirmation or declaration; signature or subscription, to include 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." As enacted in 1872, § 17 read: "Whenever the terms mentioned in this section are employed in this code they are employed in the senses hereafter affixed to them, except where a different sense plainly ap pears: 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 es tate 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 substi tuted 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 desig nate 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 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 § 817 of the Penal Code. 19. The term 'magistrate' signifies any one of the officers mentioned in § 808 of the Penal Code." 2. Amended by Stats. 1873-74, p. 280, to read as at present, except for the changes of 1903. 3. Amendment by Stats. 1901, p. 117; unconstitutional: See note, § 5, ante. 4. Amended by Stats. 1903, p. 134, (1) adding the clause, "the word 'county' includes 'city and county,'" after the words "a natural person"; (2) changing, after "words written near it," from "and witnessed by a person who writes his own name as a witness" to read to end of paragraph as at present; and (3) adding subds. 8, 9. Citations. Cal. 54/178; 66/289; 121/586; 135/574; 136/674; 152/255; (subd. 2) 142/539; 146/122; (subd. 3) 131/39; 142/539. Notice defined: See Pol. Code, § 4175. Process defined: See Pol. Code, § 4175. Words used in boundaries defined: Pol. Code, §§ 3903-3907. Words and phrases defined: See Pen. Code, §7; Pol. Code, § 17; Civ. Code, § 12. Statutes, etc., inconsistent with code repealed. § 18. 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 statute not expressly repealed. Legislation § 18. 1. Enacted March 11, 1872. 2. Amendment by Stats. 1901, p. 118; unconstitutional: See note, § 5, ante. Citations. Cal. 47/59; 49/597; 55/95; 63/580; 64/8, 234, 242, 258; 65/303; 78/269; 93/424. Effect of code on prior statutes: See ante, § 8; also repealing clause at the end of this code. Limitations, effect of code on: See ante, § 9. Retroactive effect: See § 3, ante. Statutes continued in force: See Pol. Code, §§ 18, 19. Vested rights: See § 8, ante. This act, how cited, enumerated, etc. § 19. This act, whenever cited, enumerated, referred to, or amended, may be designated simply as "The Code of Civil Procedure," adding, when necessary, the number of the section. Legislation § 19. Enacted March 11, 1872. Judicial remedies defined. § 20. Judicial remedies are such as are administered by the courts of justice, or by judicial officers empowered for that purpose by the constitution and statutes of this state. Citations. Cal. 71/397; 135/14. App. 3/630. Division of judicial remedies. § 21. These remedies are divided into two classes: 1. Actions; and, 2. Special proceedings. Legislation § 21. Enacted March 11, 1872. Citations. Cal. 118/661, 663; 135/14. App. 2/728; 3/630. Action defined. § 22. An action is an ordinary proceeding in a court of justice by which one party prosecutes another for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense. Legislation § 22. Enacted March 11, 1872. Citations. Cal. 72/339; 73/455; 88/379; 89/106; 99/170; 117/387; 118/ 841, 661, 662, 663; 135/14; 138/581. App. 2/728; 3/630. Special proceeding defined. § 23. Every other remedy is a special proceeding. Legislation § 23. Enacted March 11, 1872. Citations. Cal. 88/379; 89/106; 92/248; 117/387; 118/661, 662, 663; 127/ 561; 135/14; 141/98. App. 2/728; 3/630. Special proceedings of a civil nature: See post, Part III, §§ 1063 et seq. Division of actions. § 24. Actions are of two kinds: 1. Civil; and, 2. Criminal. Legislation § 24. Enacted March 11, 1872. Citations. App. 2/728. Civil action, form of: See § 307, post. Criminal action: See § 31, post. Civil actions arise out of obligations or injuries. § 25. A civil action arises out of 1. An obligation; 2. An injury. Legislation § 25. Enacted March 11, 1872. Citations. Cal. 49/466; 99/170; 118/341; 189/405. Obligation defined. § 26. An obligation is a legal duty, by which one person is bound to do or not to do a certain thing, and arises from: 1. Contract; or, 2. Operation of law. Legislation § 26. 1. Enacted March 11, 1872, and then read: "An obligation is a legal duty, by which one person is bound to the performance of an act towards another, and arises from: 1. The contract of the parties; or, 2. The operation of law.' 2. Amended by Code Amdt's. 1873-74, p. 281, to read as at present. 3. Repeal by Stats. 1901, p. 118; unconstitutional: See note, § 5, ante Citations. Cal. 99/170; 139/405.. Obligation, what: See Civ. Code, §§ 1427, 1428. Division of injuries. § 27. An injury is of two kinds: 1. To the person; and, 2. To property. Legislation § 27. 1. Enacted March 11, 1872. 2. Repeal by Stats. 1901, p. 118; unconstitutional: See note, § 5, ante. Injuries to property. § 28. An injury to property consists in depriving its owner of the benefit of it, which is done by taking, withholding, deteriorating, or destroying it. Legislation § 28. 1. Enacted March 11, 1872. 2. Repeal by Stats. 1901, p. 118; unconstitutional: See note, § 5, ante. Injuries to the person. § 29. Every other injury is an injury to the person. Legislation § 29. 1. Enacted March 11, 1872. 2. Repeal by Stats. 1901, p. 118; unconstitutional: See note, § 5, ante. Civil action, by whom prosecuted. § 30. A civil action is prosecuted by one party against another for the enforcement or protection of a right, or the redress or prevention of a wrong. Legislation § 30. 1. Enacted March 11, 1872. 2. Repeal by Stats. 1901, p. 118; unconstitutional: See note, § 5, ante. Citations. Cal. 104/13; 109/655. Forms of action: See post, § 307. Criminal actions. § 31. The Penal Code defines and provides for the prosecution of a criminal action. Legislation § 31. 1. Enacted March 11, 1872. 2. Repeal by Stats. 1901, p. 118; unconstitutional: See note, § 5, ante. Criminal action defined: See Pen. Code, § 683. Civil and criminal remedies not merged. § 32. When the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not merged in the other. Legislation § 32. Enacted March 11, 1872. TITLE I. II. III. IV. PART I. COURTS OF JUSTICE. ORGANIZATION AND JURISDICTION. §§ 33-153. JUDICIAL OFFICERS. §§ 156-188. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL MINISTERIAL OFFICERS OF COURTS OF JUSTICE. §§ 262-274. V. PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELAT ING TO COURTS OF JUSTICE. §§ 275-304. Legislation Part I. (Titles I-V, §§ 33-304.) 1. Enacted March 11, 1872. 2. Amended by Code Amdts. 1880, p. 21, by "An Act to amend Part One of the Code of Civil Procedure, and each and every title, chapter, article, and section of said Part One, and substituting a new Part One to take the place thereof in said Code, relating to Courts of Justice, and various officers connected therewith." This act was declared constitutional, in People v. Ransom, 58 Cal. 558. Citation to Part I. App 6/771. |