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THE

Code of Civil Procedure

OF THE

STATE OF CALIFORNIA.

AN ACT

TO ESTABLISH A CODE OF CIVIL PROCEDURE.

The People of the State of California, represented in Senate and Assembly, do enact as follows:

TITLE OF ACT.

SECTION 1. Title and division of this volume.

1

Title and

division

1. This Act shall be known as THE CODE OF CIVIL PROCEDURE OF CALIFORNIA, and is divided into Four of this

Parts, as follows:

PART I. OF COURTS OF JUSTICE.

II. OF CIVIL ACTIONS.

III. OF SPECIAL PROCEEDINGS OF A CIVIL NA

TURE.

IV. OF EVIDENCE.

volume.

THE CODE OF CIVIL PROCEDURE

OF

CALIFORNIA.

PRELIMINARY PROVISIONS.

SECTION 2. When this Code takes effect.

3. Not retroactive.

4. Rule of construction of this 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 Statutes, etc., inconsistent with Code repealed,

19. This Act, how cited, enumerated, etc.

20. Judicial remedies defined.

21. Division of judicial remedies.

22. Action defined.

23. Special proceeding defined.

24. Division of actions.

25. Civil actions arise out of obligations or injuries.

26. Obligation defined.

27. Division of injuries.

28. Injuries to property.
29. Injuries to the person.

When this Code takes effect.

Not retroactive.

Rule of construction of Code.

Provisions similar to existing laws, how construed.

Tenure of offices

SECTION 30. Civil action, by whom prosecuted.
31. Criminal actions.

32. Civil and criminal remedies not merged.

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.

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.

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.

Actions, etc., not this Code.

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 Codes, such office ceases at the time the Codes take effect.

8. No action or proceeding commenced before this affected by Code takes effect, and no right accrued, is affected by its provisions, but the proceedings therein must conform to the requirements of this Code as far as applicable.

tions shall

to run.

9. When a limitation or period of time prescribed Limitain any existing statute for acquiring a right or barring continue 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.

10. Holidays, within the meaning of this Code, are: Holidays. every Sunday, the first day of January, the twentysecond day of February, 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.

11. If the first day of January, the twenty-second Samo. day of February, or the twenty-fifth day of December falls upon a Sunday, the Monday following is a holiday.

tion of time

12. The time in which any act provided by law is Computato 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.

acts not to

be done on

holidays.

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

"Seal"

defined.

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