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EXTRACTS FROM THE CODE OF CIVIL PROCEDURE.

PRELIMINARY PROVISIONS.

Not retroactive.

struction of Code.

similar to

laws, how

not affected

When

SECTION 2. This Code takes effect at twelve o'clock, noon, this Code takes effect. on the first day of January, eighteen hundred and seventy

three.

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

declared. Rule of con- 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 con

strued, with a view to effect its objects and to promote justice. Provisions SEC. 5. The provisions of this Code, so far as they are existing substantially the same as existing statutes, must be construed construed. as continuations thereof, and not as new enactments. Actions, etc., SEC. 8. No action or proceeding commenced before this by this Code. Code takes effect, and no right accrued, is affected by its pro

visions, but the proceedings therein must conform to the requirements of this Code as far as applicable.

SEC. 16. Words and phrases are construed according to and phrases.

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. Terms Sec. 17. 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 statement, under oath or affirmation, is embraced by the term "testify," and every written one in the term "depose;" sig

Words

defined.

defined.

property.

property.

Will.

nature 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:

1. The word "property” includes both real and personal Property property.

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.

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

5. The word "will" includes codicils.

6. The word "writ" signifies an order or precept in writing, Writ. 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.

7. The word "State," when applied to the different parts Stato. of the United States, includes the District of Columbia and the Territories, and the words “United States” may include the District and Territories. (Amendment, approved March 24, 1874; Amendments 1873-4, 280; took effect July 1, 1874.)

Sec. 18. No statute, law, or rule is continued in force Statutes, etc., because it is consistent with the provisions of this Code on with Code 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.

repealed.

PART III.

OF SPECIAL PROCEEDINGS OF A CIVIL NATURE.

TITLE VI.

OF THE VOLUNTARY DISSOLUTION OF CORPORATIONS.

How dissolved.

tion, what to

tion, how

verified.

SECTION 1227. A corporation may be dissolved by the County Court of the county where its office or principal place of business is situated, upon its voluntary application for that purpose. (Amendment, approved February 25, 1878;

Amendments 1877–8, 108; took effect from passage.) Applica- SEC. 1228. The application must be in writing, and must contain. set forth:

1. That at a meeting of the stockholders or members called for that purpose, the dissolution of the corporation was resolved upon by a two-third vote of all the stockholders or members;

2. That all claims and demands against the corporation

have been satisfied and discharged. Applica- SEC. 1229. The application must be signed by a majority signed and of the Board of Trustees, Directors, or other officers having

the management of the affairs of the corporation, and must be verified in the same manner as a complaint in a civil

action. Filing appli- SEC. 1230. If the Court is satisfied that the application is publication in conformity with this title, the Judge thereof must order of notice.

it to be filed with the Clerk, and that the Clerk give not less than thirty nor more than fifty days' notice of the application, by publication in some newspaper published in the county, and if there are none such, then by advertisements posted up in three of the principal public places in the county. (Amendment, approved February 25, 1878; Amend

ments 1877–8, 108; took effect from passage.) Objections SEC. 1231. At any time before the expiration of the time may be filed.

of publication, any person may file his objections to the

application. Hearing of SEC. 1232. After the time of publication has expired, the application.

Court may, upon five days' notice to the persons who have

cation and

filed objections, or without further notice if no objections have been filed, proceed to hear and determine the application; and if all the statements therein made are shown to be true, he must declare the corporation dissolved. (Amendment, approved February 25, 1878; Amendments 1877–8, 108; took effect from passage.)

SEC. 1233. The application, notices, and proof of publi- Judgment cation, objections (if any), and declaration of dissolution, appeals. constitute the judgment roll, and from the judgment an appeal may be taken as from other judgments of the County Courts. (Amendment, approved February 25, 1878; Amendments 1877-8, 108; took effect from passage.)

TITLE VII.

OF EMINENT DOMAIN.

domain may

what uses.

SECTION 1237. Eminent domain is the right of the people Eminent or government to take private property for public use. This defined. right may be exercised in the manner provided in this title.

SEC. 1238. Subject to the provisions of this title, the right Eminent of eminent domain may be exercised in behalf of the fol- be exercised, lowing public uses:

1. Fortifications, magazines, arsenals, navy yards, navy and army stations, light-houses, range and beacon lights, coast surveys, and all other public uses authorized by the Government of the United States;

2. Public buildings and grounds for the use of the State, and all other public uses authorized by the Legislature of this State;

3. Public buildings and grounds for the use of any county, incorporated city, or city and county, village, town, or school districts, canals, aqueducts, flumes, ditches, or pipes for conducting water for the use of the inhabitants of any county, incorporated city, or city and county, village or town; or for draining any county, incorporated city, or city and county, village, or town; raising the banks of streams, removing obstructions therefrom, and widening, deepening, or straightening their channels; roads, streets, and alleys, and all other

Eminent domain may

public uses for the benefit of any county, incorporated city, be exercised, or city and county, village, or town, or the inhabitants what uses thereof, which may be authorized by the Legislature; but

the mode of apportioning and collecting the costs of such improvements shall be such as may be provided in the statutes by which the same may be authorized;

4. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, by-roads, plank and turnpike roads, steam and horse railroads; canals, ditches, flumes, aqueducts, and pipes, for public transportation, supplying mines and farming neighborhoods with water, and draining and reclaiming lands, and for floating logs and lumber on streams not navigable;

5. Roads, tunnels, ditches, flumes, pipes and dumping places for working mines; also, outlets, natural or otherwise, for the flow, deposit, or conduct of tailings or refuse matter from mines; also, an occupancy in common by the owners or possessors of different mines of any place for the flow, deposit, or conduct of tailings or refuse matter from their several mines;

6. By-roads leading from highways to residences and farms; 7. Telegraph lines;

8. Sewerage of any incorporated city, or city and county, or of any village or town, whether incorporated or unincorporated, or of any settlement consisting of not less than ten families, or of any public buildings belonging to the State, or to any college or university. (Amendment, approved March 24; 1874; Amendments 1873-4, 353; took effect July 1, 1874.)

SEC. 1239. The following is a classification of the estates and rights subject to

and rights in lands subject to be taken for public use:

1. A fee simple, when taken for public buildings or grounds, or for permanent buildings, for reservoirs and dams, and permanent flooding occasioned thereby, or for an outlet for a flow, or a place for the deposit of debris or tailings of a mine;

2. An easement, when taken for any other use;.

3. The right of entry upon and occupation of lands, and the right to take therefrom such earth, gravel, stones, trees, and timber as may be necessary for some public use. (Amendment, approved March 24, 1874; Amendments 1873-4, 355; took effect July 1, 1874.)

Estates

condemnation.

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