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THE CIVIL CODE

OF THE
STATE OF CALIFORNIA

AN ACT

TO
ESTABLISH A CIVIL CODE
(Approved March 21st, 1872.)

TITLE OF THE ACT 1. This Act shall be known as the Civil Code of the State of California, and is in four divisions, as follows:

I. The first relating to persons. II. The second to property. III. The third to obligations. IV. The fourth contains general provisions relating to the three preceding divisions.

PRELIMINARY PROVISIONS Section.

.. ; -, Section, 2. When this code takes effecó. 11. Certain acts, holidays. 3. Not retroactive.

12. Joint authority construed. 4. Rules of construction.

13. Words, and phrases. 5. Provisions, Similar; con 14. Definitions. strued.

18. Notice, 1ctuals, constructive. 6. Actions not affected.

19. Constructive notice, pre7. Holidays.

sumed. 9. Business days.

20. Effect of repeal. 10. Computation of time.

21. This act, how cited. 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 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 or the common law, must be construed as continuations thereof, and not as new enactments.

6. No action or proceeding commenced before this code takes effect, and no right accrued, is affected by its provisions.

7. Holidays within the meaning of this code are every Sunday, the first day of January, the twelfth day of February to be known as Lincoln day, twenty-second day of February, thirtieth day of May, fourth day of July, ninth day of September, first Monday in September, twelfth day of October, to be known as “Columbus Day,” twentyfifth day of December, every day on which an election is held through 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.

If the first day of January, twelfth day of February, twenty-second day of February, the thirtieth day of May, the fourth day of July, the ninth day of September, the twelfth day of October or the twentyfifth day of December falls upon a Sunday, the Monday following is a holiday.

Every Saturday from twelve o'clock noon till twelve o'clock midnight is a holiday as regards the transaction of business in the public offices of this state, and also in political divisions thereof where laws, ordinances or charters provide that public offices shall be closed on holidays; this shall not be construed to prevent or invalidate the issuance, filing, service, execution or recording of any legal process or written instrument whatever on such Saturday afternoons; and provided further, that the public schools of this state shall close on Saturday, Sunday, the first day of January, the thirtieth day of May, the fourth day of July, the twenty-fifth day of December and on every day appointed by the President of the United States or the governor of this state for a public fast, thanksgiving or holiday. Said public schools shall continue in session on all other legal holidays and shall hold proper exercises commemorating the day. Boards of school trustees and city boards of education shall have power to declare a holiday in the public schools under their jurisdiction when good reason exists therefor. 1911–520.

9. All other days than those mentioned in section seven are to be deemed business days for all purposes. :1905–11:

10. The time in which any aet provided by law is to 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.

11. Whenever any act :of a secular nature, other 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, it may be perfermed upon the next business day, with the same effect as if it had

been performed upon the day appointed. wo 12. 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.

13. 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 may 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.

14. Words used in this code in the present tense 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; county includes city and county; writing includes printing and typewriting; 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, by a person who writes his own name as witness; provided, that when a signature is by mark it must in order that the same may be acknowledged or may serve as the signature to any sworn statement be witnessed by two persons who must subscribe their own names as witnesses thereto. The following words have in this code the signification attached to them in this section, unless otherwise apparent from the context:

1. The word “property” includes property real and personal;

2. The words “real property” are coextensive with lands, tenements, and hereditaments;

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 "section” whenever hereinafter employed refers to a section of this code, unless some other code or statute is expressly. mentioned. 1903—407.

18. Notice is: 1. Actual—which consists in express information of a fact; or, 2. Constructive—which is imputed by law.

19. Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, has constructive notice of the fact itself in all cases in which, by prosecuting such inquiry, he might have learned such fact. 1873-182.

20. 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 or 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.

21. This act, whenever cited, enumerated, referred to, or amended, may be designated simply as “THE CIVIL CODE” adding when nec-. essary, the number of the section.

DIVISION FIRST

PART . PERSONS. .

II. PERSONAL RIGHTS.
III. PERSONAL RELATIONS.
IV. CORPORATIONS.

PART I.

PERSONS Section

Section 25. Minors, who are.

37. Certain obligations. 26. Minority, how calculated. 38. Contracts by persons without 27. Adults, who are.

understanding. 29. Unborn child.

39. By persons of unsound mind. 32. Custody of minors.

40. Powers of persons whose in33. Minors cannot

capacity has been adjudged. 34. Minors' contracts; di s 41. Minors liable for wrongs, but affirmed.

not for exemplary damages. 35. Minors' time, disaffirmance. 42. Minors may sue. 36. Minors liable for necessar

ies. 25. Minors are: 1. Males under twenty-one years of age. 2. Females under eighteen years of age.

26. The periods specified in the preceeding section must be calculated from the first minute of the day on which persons are born to the same minute of the corresponding day completing the period of minority.

27. All other persons are adults.

29. A child conceived, but not yet born, is to be deemed an existing person, so far as may be necessary for its interests in the event of its subsequent birth.

32. The custody of minors and persons of unsound mind is regulated by Part III. of this division.

33. A minor cannot give a delegation of power, nor, under the age of eighteen, make a contract relating to real property, or any interest therein, or relating to any personal property not in his immediate possession or control. 1873—182.

34. A minor may make any other contract than as above specified, in the same manner as an adult, subject only to his power of disaffirmance under the provisions of this title, and subject to the provisions of the titles on marriage, and on master and servant. 1873–183

35. In all cases other than those specified in sections thirty-six and thirty-seven, the contract of a minor, if made whilst he is under the age of eighteen, may be disaffirmed by the minor himself, either before his majority or within a reasonable time afterwards; or, in case of his death within that period, by his heirs or personal repre

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