CODES AND STATUTES

OF

THE STATE OF CALIFORNIA.

BY

THEODORE H. HITTELL,

AUTHOR OF "HITTELL'S GENERAL LAWS," AND OTHER LAW PUBLICATIONS.

IN TWO VOLUMES.

VOL. II.

SAN FRANCISCO:

A. L. BANCROFT AND COMPANY,

LAW BOOK PUBLISHERS, BOOKSELLERS AND STATIONERS.

J

Code of Civil Procedure.

An Act to establish a code of civil procedure.

Approved March 11, 1872.

TITLE OF ACT.

10,001. Title and division of this volume.

SECTION 1. This act shall be known as THE CODE OF CIVIL PROCEDURE OF CALIFORNIA, and is divided into four parts, as follows:

PART I. OF COURTS OF JUSTICE..

II. OF CIVIL ACTIONS..

10,033

10,307

11,063

11,823

PRELIMINARY PROVISIONS.

10,002. When this code takes effect.

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

10,003. Not retroactive.

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

10,004. Rule of construction of code.

SEC. 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.

10,005. Provisions similar to existing laws, how construed.

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.

10,006. Tenure of offices preserved.

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 All persons who at the time this code takes effect hold office under any of the acts repealed, continue to hold the same according to the tenure thereof, except those offices which are not continued by one of the codes adopted at this session of the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

10,007. Construction of repeal as to certain officers.

SEC. 7. When any office is abolished by the repeal of any act, and such act is not in substance re-enacted or continued in either of the codes, such office ceases at the time the codes take effect.

10,008. Actions, etc., not affected by this code.

SEC. 8. No action or proceeding commenced before this 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.