Putting plaintiff in

accidents, defalcations, or other contingencies (as between possession. the parties to the proceedings), at the risk of the plaintiff, and shall so remain until the amount of the compensation or damages is finally settled by judicial determination, and until the Court awards the money, or such part thereof as shall be determined upon, to the defendant, and until he is authorized or required by rule of Court to take it. If, for any reason, the money shall at any time be lost, or otherwise abstracted, or withdrawn through no fault of the defendant, the Court shall require the plaintiff to make and keep the sum good at all times until the litigation is finally brought to an end, and until paid over or made payable to the defendant by order of Court, as above provided. The Court, or the Judge thereof at Chambers, shall order the money to be deposited in the State treasury, and it shall be the duty of the State Treasurer to receive all such moneys, duly receipt. for and safely keep the same in a special fund, to be entered on his books as a condemnation fund for such purpose, and for such duty he shall be liable to the State upon his official bond. The State Treasurer shall pay out such money, so deposited, in such manner and at such times as the Court, or Judge thereof at Chambers, may, by order or decree, direct. (Amendment, approved April 1, 1878; Amendments 1877–8, 108; took effect from passage.)*

allowed;

Costs may be SEC. 1255. Costs may be allowed or not, and if allowed, distribution may be apportioned between the parties on the same or adverse sides, in the discretion of the Court.

thereof.

Rules

of practice.

New trials

and appeals.

SEC. 1256. Except as otherwise provided in this title, the provisions of part two of this Code are applicable to and constitute the rules of practice in the proceedings mentioned in this title.

SEC. 1257. The provisions of part two of this Code, relative to new trials and appeals, except in so far as they are inconsistent with the provisions of this title, apply to the proceedings mentioned in this title; provided, that upon the payment of the sum of money assessed, and upon the execution of the bond to build the fences and cattle-guards, as provided in section one thousand two hundred and fifty-one, the plaintiff shall be entitled to enter upon, improve, and

*Section three of Act of April 1, 1878, amending sections one thousand two hundred and fifty-four and one thousand two hundred and fifty-seven, declares:

SECTION 3. The provisions of this Act shall apply to all actions now pending in any of the Courts of this State.

hold possession of the property sought to be condemned (if not already in possession, as provided in section one thousand two hundred and fifty-four), and devote the same to the public use in question; and no motion for new trial or appeal shall, after such payment and filing of such bond as aforesaid, in any manner retard the contemplated improvement. Any money which shall have been deposited, as provided in section one thousand two hundred and fifty-four, may be applied to the payment of the money assessed, and the remainder, if any there be, shall be returned to the plaintiff. (Amendment, approved April 1, 1878; Amendments, 1877-8, 109; took effect from passage.)

takes effect,

struction of.

SEC. 1258. With relation to the Acts passed at the present When title session of the Legislature, this title must be construed in the and consame manner as if this Code had been passed on the last day of this session, and from and after the time this Code takes effect all laws of this State in relation to the taking of private property for public uses are abolished, and all proceedings had in the exercise of the powers of eminent domain must conform to the provisions of this title.

takes effect

SEC. 1259. Title seven, of part three, of the Code of Civil When title Procedure of the State of California (this title) shall be in force and effect from and after the fourth day of April, one thousand eight hundred and seventy-two.

tion.

SEC. 1260. From and after the time this title takes effect, Construcit must be construed in the same manner as it would be were sections four and seventeen of this Code in force and effect. SEC. 1261. No proceeding to enforce the right of eminent Pending domain, commenced before this title takes effect, is affected not affected. by the provisions of this title.

proceedings

of practice.

SEC. 1262. Until the first day of January, one thousand Rules eight hundred and seventy-three, at twelve o'clock, noon, the provisions of sections one thousand two hundred and fiftysix and one thousand two hundred and fifty-seven of this title are suspended, and until then, except as otherwise provided in this title, the rules of pleading and practice in civil actions now in force in this State are applicable to the proceedings mentioned in this title, and constitute the rules of pleading and practice therein.

SEC. 1263. Nothing in this Code must be construed to Exceptions. abrogate or repeal any statute providing for the taking of property in any city or town for street purposes.

EXTRACTS FROM THE PENAL CODE.

When this Act takes effect.

Not retroactive.

Construc

tion of the

PRELIMINARY PROVISIONS.

SECTION 2. This Code takes effect at twelve o'clock, noon, on the first day of January, eighteen hundred and seventythree.

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

SEC. 4. The rule of the common law, that penal statutes Penal Code. are to be strictly construed, has no application to this Code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.

Provisions similar to existing laws, how construed.

Words, what included in

SEC. 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.

SEC. 7. Words used in this Code in the present tense definition. 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 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 to them in this section, unless otherwise apparent from the context:

Willfully.

Neglect,

negligence,

etc.

1. The word "willfully," when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage.

2. The words "neglect," "negligence," "negligent," and

"negligently," import a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns.

3. The word "corruptly" imports a wrongful design to Corruptly. acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person.

maliciously.

4. The words "malice" and "maliciously" import a wish Malice, to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law.

5. The word "knowingly" imports only a knowledge that Knowingly. the facts exist which bring the act or omission within the provisions of this Code. It does not require any knowledge of the unlawfulness of such act or omission.

6. The word "bribe" signifies anything of value or advan- Bribe. tage, present or prospective, or any promise or undertaking to give any, asked, given, or accepted, with a corrupt intent to influence, unlawfully, the person to whom it is given in his action, vote, or opinion, in any public or official capacity.

7. The word "vessel," when used with reference to ship- Vessel. ping, includes ships of all kinds, steamboats, canals, boats, barges, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons. 10. The word "property" includes both real and personal Property. property.

11. The words "real property" are co-extensive with lands, Real tenements, and hereditaments.

property.

12. The words "personal property" include money, goods, Personal chattels, things in action, and evidences of debt.

property.

13. The word "month" means a calendar month, unless Month. otherwise expressed.

14. The word "will" includes codicils.

Will.

15. The word "writ" signifies an order or precept in writ- writ. ing, 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.

16. Words and phrases must be construed according to the Technical context and the approved usage of the language; but tech- words, etc. nical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, must

"Crime"

and "public

offense defined.

Crimes, how divided.

Crimes defined.

Punishment of felony, when not otherwise

be construed according to such peculiar and appropriate meaning.

SEC. 15. A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments:

1. Death;

2. Imprisonment;

3. Fine;

4. Removal from office; or,

5. Disqualification to hold and enjoy any office of honor, trust, or profit in this State.

SEC. 16. Crimes are divided into:

1. Felonies; and,

2. Misdemeanors.

SEC. 17. A felony is a crime which is punishable with death or by imprisonment in the State Prison. Every other crime is a misdemeanor. When a crime punishable by imprisonment in the State Prison is also punishable by fine or imprisonment in a County Jail, in the discretion of the Court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the State Prison. (Amendment, approved March 7, 1874; Amendments 1873-4, 455; took effect sixtieth day after passage.)

SEC. 18. Except in cases where a different punishment is prescribed by this Code, every offense declared to be a felony prescribed is punishable by imprisonment in the State Prison, not exceeding five years..

Punishment of misde

meanor, when not otherwise prescribed.

Unity of act and intent.

Intent, how manifested, and who considered

of sound mind.

SEC. 19. Except in cases where a different punishment is prescribed by this Code, every offense declared to be a misdemeanor is punishable by imprisonment in a County Jail not exceeding six months, or by a fine not exceeding five hundred dollars, or by both.

SEC. 20. In every crime or public offense there must exist a union, or joint operation of act and intent, or criminal negligence.

SEC. 21. The intent or intention is manifested by the circumstances connected with the offense, and the sound mind and discretion of the accused. All persons are of sound mind who are neither idiots or lunatics nor affected with insanity.