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Putting accidents, defalcations, or other contingencies (as between plaintiff in possession the parties to the proceedings), at the risk of the plaintiff,

and shall so remain until the amount of the compensation or damages is finally settled by judicial determination, and until the Court awards the money, or such part thereof as shall be determined upon, to the defendant, and until he is authorized or required by rule of Court to take it. If, for any reason, the money shall at any time be lost, or otherwise abstracted, or withdrawn through no fault of the defendant, the Court shall require the plaintiff to make and keep the sum good at all times until the litigation is finally brought to an end, and until paid over or made payable to the defendant by order of Court, as above provided. The Court, or the Judge thereof at Chambers, shall order the money to be deposited in the State treasury, and it shall be the duty of the State Treasurer to receive all such moneys, duly receipt for and safely keep the same in a special fund, to be entered on his books as a condemnation fund for such purpose, and for such duty he shall be liable to the State upon his official bond. The State Treasurer shall pay out such money, so deposited, in such manner and at such times as the Court, or Judge thereof at Chambers, may, by order or decree, direct. (Amendment, approved April 1, 1878; Amendments 1877-8, 108; took effect from passage.)*

SEC. 1255. Costs may be allowed or not, and if allowed, distribution may be apportioned between the parties on the same or

adverse sides, in the discretion of the Court.

SEC. 1256. Except as otherwise provided in this title, the of practice.

provisions of part two of this Code are applicable to and constitute the rules of practice in the proceedings mentioned in this title.

SEC. 1257. The provisions of part two of this Code, relative to new trials and appeals, except in so far as they are inconsistent with the provisions of this title, apply to the proceedings mentioned in this title; provided, that upon the payment of the sum of money assessed, and upon the execution of the bond to build the fences and cattle-guards, as provided in section one thousand two hundred and fifty-one, the plaintiff shall be entitled to enter upon, improve, and


Costs may be allowed;



* Section three of Act of April 1, 1878, amending sections one thousand two hundred and fifty-four and one thousand two hundred and fifty-seven, declares :

SECTION 3." The provisions of this Act shall apply to all actions now pending in any of the Courts of this State.

New trials and appeals.


struction of.

takes effect

hold possession of the property sought to be condemned (if not already in possession, as provided in section one thousand two hundred and fifty-four), and devote the same to the public use in question; and no motion for new trial or appeal shall, after such payment and filing of such bond as aforesaid, in any manner retard the contemplated improvement. Any money which shall have been deposited, as provided in section one thousand two hundred and fifty-four, may be applied to the payment of the money assessed, and the remainder, if any there be, shall be returned to the plaintiff. (Amendment, approved April 1, 1878; Amendments, 1877-8, 109; took effect from passage.) SEC. 1258. With relation to the Acts passed at the present When title

takes effect, session of the Legislature, this title must be construed in the and consame manner as if this Code had been passed on the last day of this session, and from and after the time this Code takes effect all laws of this State in relation to the taking of private property for public uses are abolished, and all proceedings had in the exercise of the powers of eminent domain must conform to the provisions of this title.

SEC. 1259. Title seven, of part three, of the Code of Civil When title Procedure of the State of California (this title) shall be in force and effect from and after the fourth day of April, one thousand eight hundred and seventy-two.

SEC. 1260. From and after the time this title takes effect, Construcit must be construed in the same manner as it would be were sections four and seventeen of this Code in force and effect.

SEC. 1261. No proceeding to enforce the right of eminent Pending domain, commenced before this title takes effect, is affected not affected. by the provisions of this title.

SEC. 1262. Until the first day of January, one thousand Rules eight hundred and seventy-three, at twelve o'clock, noon, the provisions of sections one thousand two hundred and fiftysix and one thousand two hundred and fifty-seven of this title are suspended, and until then, except as otherwise provided in this title, the rules of pleading and practice in civil actions now in force in this State are applicable to the proceedings mentioned in this title, and constitute the rules of pleading and practice therein.

Sec. 1263. Nothing in this Code must be construed to Exceptions. abrogate or repeal any statute providing for the taking of property in any city or town for street purposes.



of practice.



When this Act takes effect.

Not retroactive.

Construction of the

Provisions similar to existing laws, how construed.

included in

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 penal statutes Penal Codo. are to be strictly construed, has no application to this Code.

All its provisions are to be construed according to the fair import of their terms, 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, must be construed

as continuations thereof, and not as new enactments. Words, what SEC. 7. Words used in this Code in the present tense definition. 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 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, and witnessed 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: Willfully. 1. The word "willfully," when applied to the intent with

which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred

to. It does not require any intent to violate law, or to injure Neglect,

another, or to acquire any advantage. negligence,

2. The words “neglect,” “negligence," "negligent," and



negligently," import a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns,

3. The word "corruptly" imports a wrongful design to Corruptly. acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person. 4. The words "malice" and "maliciously" import a wish Malice,

maliciously. to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law.

5. The word "knowingly” imports only a knowledge that Knowingly. the facts exist which bring the act or omission within the provisions of this Code. It does not require any knowledge of the unlawfulness of such act or omission.

6. The word “bribe” signifies anything of value or advan- Bribe. tage, present or prospective, or any promise or undertaking to give any, asked, given, or accepted, with a corrupt intent to influence, unlawfully, the person to whom it is given in his action, vote, or opinion, in any public or official capacity.

7. The word "vessel," when used with reference to ship- Vessel. ping, includes ships of all kinds, steamboats, canals, boats, barges, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons.

10. The word “property” includes both real and personal Property. property.

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

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

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

14. The word "will" includes codicils.

15. The word "writ” signifies an order or precept in writ- Writ. ing, issued in the name of the people, or of a Court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings.

16. Words and phrases must be construed according to the Technical context and the approved usage of the language; but tech- words, etc. nical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, must


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"Crime" and “public offense" defined.

Crimes, how divided.

Crimes defined.

be construed according to such peculiar and appropriate meaning.

SEC. 15. A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments:

1. Death;
2. Imprisonment;
3. Fine;
4. Removal from office; or,

5. Disqualification to hold and enjoy any office of honor, trust, or profit in this State.

SEC. 16. Crimes are divided into:
1. Felonies; and,
2. Misdemeanors.

Sec. 17. A felony is a crime which is punishable with death or by imprisonment in the State Prison. Every other crime is a misdemeanor. When a crime punishable by imprisonment in the State Prison is also punishable by fine or imprisonment in a County Jail, in the discretion of the Court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the State Prison. (Amendment, approved March 7, 1874; Amendments 1873-4, 455; took effect sixtieth day

after passage.) Punishment SEC. 18. Except in cases where a different punishment is of felony,

prescribed by this Code, every offense declared to be a felony prescribed is punishable by imprisonment in the State Prison, not

exceeding five years.

SEC. 19. Except in cases where a different punishment is prescribed by this Code, every offense declared to be a misdemeanor is punishable by imprisonment in a County Jail not exceeding six months, or by a fine not exceeding five

hundred dollars, or by both. Unity of act SEC. 20. In every crime or public offense there must exist

a union, or joint operation of act and intent, or criminal

negligence. Intent, how SEC. 21. The intent or intention is manifested by the cirmanifested,

cumstances connected with the offense, and the sound mind

and discretion of the accused. All persons are of sound mind.

mind who are neither idiots or lunatics nor affected with insanity.


when not otherwise

Punishment of misile mearior, when not otherwise prescribed.


and intent.

and who considered of solind

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