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license to take the tolls thereon for the term of one year, to be issued by the County Auditor, on the payment of such license tax as the Board of Supervisors may fix, which, except that for the first year, must not be more than ten per cent. of the gross receipts for tolls or wharfage for the previous year, to be paid to the county treasury for general road purposes.

good repair.

SEC. 2918. Any owner or keeper of a wharf, chute, or pier, To keep in who takes toll or wharfage for the use of the same when not in good repair, or is unsafe or dangerous, forfeits the sum of twenty-five dollars, to be recovered by order of the Board of Supervisors granting authority to construct it, for the use of the general Road Fund of the county, and is liable for all damages occasioned thereby.

on granting

SEC. 2919. No authority must be granted under this Restrictions chapter to interfere with vested rights, nor to interfere with authority. or infringe grants heretofore made by State authority; nor does authority to construct a wharf, chute, or pier continue for a longer period than two years, unless the same is within that time completed.

towns in



SEC. 2920. The lands of the State situate in the City and Cities and County of San Francisco, and those otherwise disposed of or corporated situate within the limits of any incorporated town or city of and authorthis State, are excluded from the provisions of this chapter. The municipal authorities of any incorporated city or town, other than San Francisco, may grant authority to construct wharves, chutes, and piers, as is herein provided for the Board of Supervisors.




carriers may

until charges

SECTION 3152. When any goods, merchandise, or other Common property has been received by any railroad or express com- retain goods pany, or other common carrier, commission merchants, inn- are paid. keepers, or warehousemen, for transportation or safe keeping, and are not delivered to the owner, consignee, or other authorized person, the carrier, commission merchant, inn



days to be sold, how.

keeper, or warehouseman, may hold or store the same with. some responsible person until the freight and all just and reasonable charges are paid.

SEC. 3153. If no person calls for the property within sixty within sixty days from the receipt thereof and pays freight and charges thereon, the carrier, commission merchant, innkeeper, or warehouseman may sell such property, or so much thereof, at auction to the highest bidder, as will pay freight and charges, first having given twenty days' notice of the time and place of sale to the owner, consignee, or consignor, when known, and by advertisement in a daily paper ten days (or if in a weekly paper, four weeks), published where such sale is to take place; and if any surplus is left after paying freight, storage, cost of advertising, and other reasonable charges, the same must be paid over to the owner of such property at any time thereafter, upon demand being made therefor within sixty days after the sale.



SEC. 3154. If the owner or his agent fails to demand such where to go. surplus within sixty days of the time of such sale, then it must be paid into the county treasury, subject to the order of the owner.

Carrier's responsibility ceases,


SEC. 3155. After the storage of goods, merchandise, or property, as herein provided, the responsibility of the carrier ceases, nor is the person with whom the same is stored liable for any loss or damage on account thereof, unless the same results from his negligence or want of proper care.

Standard of weights and




SECTION 3209. The standard weights and measures now in charge of the Secretary of State being the same that were furnished to this State by the Government of the United States, and consisting of one standard yard measure; one set of standard weights, comprising one troy pound, and nine avoirdupois weights of one, two, three, four, five, ten, twenty, twenty-five, and fifty pounds, respectively; one set of standard troy ounce weights, divided decimally from ten ounces to the one ten-thousandth of an ounce; one set of standard liquid capacity measures, consisting of one wine gallon of

two hundred and thirty-one cubic inches, one-half gallon, one quart, one pint, and one-half pint measure; and one standard half bushel, containing one thousand and seventyfive cubic inches and twenty-one hundredths of a cubic inch, according to the inch hereby adopted as the standard, are the standards of weights and measures throughout the State.


SEC. 3210. The standard yard is the unit or standard Unit of measure of length and surface from which all other measures of extension, whether lineal, superficial, or solid, are derived and ascertained.

of yard.

SEC. 3211. The yard is divided into three equal parts, Division called feet, and each foot into twelve equal parts, called inches; for measures of cloth and other commodities commonly sold by the yard it may be divided into halves, quarters, eighths, and sixteenths.

and chain.

SEC. 3212. The rod, pole, or perch contains five and a half Rod, mile, yards, and the mile one thousand seven hundred and sixty yards; the chain for measuring land is twenty-two yards long, and divided into one hundred equal parts called links. SEC. 3213. The acre for land measure must be measured Acre. horizontally, and contains ten square chains, and is equivalent in area to a rectangle sixteen rods in length and ten in breadth; six hundred and forty acres being contained in a square mile.


SEC. 3214. The standard avoirdupois and troy weights are Unit of the units or standards of weight, from which all other weights are derived and ascertained.


SEC. 3215. The avoirdupois pound, which bears to the Division of troy pound the ratio of seven thousand to five thousand seven hundred and sixty, is divided into sixteen equal parts, called ounces; the hundred weight consists of one hundred avoirdupois pounds, and twenty hundred weight constitute a ton. The troy ounce is equal to the twelfth part of the troy pound.


When this Code takes effect.

Not retroactive.

Rules of construction.

Provisions similar to existing laws, how


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 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.

SEC. 5. The provisions of this Code, so far as they are substantially the same as existing statutes or the common construed. law, must be construed as continuations thereof, and not as new enactments.

Actions, etc., not affected.

Words and

phrases, how construed.

Certain terms defined.

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

SEC. 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.

SEC. 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; writing includes printing; oath includes affirmation or declaration; and every mode of oral state

ment, 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 written 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:

1. The word "property" includes property, real and per- Property. sonal.

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


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

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

5. The word "will" includes codicils. (Amendment, ap- will. proved March 30, 1874; Amendments 1873-4, 181; took effect July 1, 1874.)

SEC. 18. Notice is:

Notice, actual and

1. Actual-which consists in express information of a constructive. fact; or,



2. Constructive-which is imputed by law. SEC. 19. Every person who has actual notice of circum- Constructive stances 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. (Amendment, approved March 30, 1874; Amendments 1873-4, 182; took effect July 1, 1874.) SEC. 20. No statute, law, or rule is continued in force Effect of 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.

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