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Joint authority.

Words and phrases.

Certain

terms used

defined.

15. 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 other wise expressed in the Act giving the authority.

16. 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 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.

17. Whenever the terms mentioned in this section

in this Code are employed in this Code they are employed in the senses hereafter affixed to them, except where a different sense plainly appears:

1. The term "signature" includes any name, mark, or sigu, 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 estate 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 substituted for an oath; and in like cases the word "swear" includes

terms used

in this Code

defined.

the word "affirm." Every mode of oral statement Certain 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 designate 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 Section 817 of THE PENAL CODE.

Statutes,

etc., incon

Code repealed.

19. The term "magistrate" signifies any one of the officers mentioned in Section 808 of THE PENAL CODE.

18. No statute, law, or rule is continued in force. sistent with 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.

This Act, how cited,

enume

rated, etc.

Judicial remedies defined.

Division of judicial remedies.

Action defined.

Special proceeding defined.

Divisions of actions.

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.

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.

21. These remedies are divided into two classes: 1. Actions; and,

2. Special proceedings.

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.

23. Every other remedy is a special proceeding.

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25. A civil action arises out of:

1. An obligation;

2. An injury.

Civil actions arise out of obligations or injuries.

26. An obligation is a legal duty, by which one obligation

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.

27. An injury is of two kinds:

defined.

Division of injuries.

1. To the person; and,

2. To property.

property.

28. An injury to property consists in depriving its Injuries to owner of the benefit of it, which is done by taking, withholding, deteriorating, or destroying it.

29. Every other injury is an injury to the person.

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.

Injuries to

the person.

Civil

action, by i

whom

prosecuted.

actions.

31. THE PENAL CODE defines and provides for the Criminal prosecution of a criminal action.

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.

Civil and remedies

criminal

not merged

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