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7. 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;

8. The word "section" whenever hereinafter employed, refers to a section of this code, unless some other code or statute is expressly mentioned;

9. The word "affinity" when applied to the marriage relation, signifies the connection existing in consequence of marriage, between each of the married persons and the blood relatives of the other.

Amended March 13, 1903; stats. 1903, p. 134.

152 Cal. 255.

Similar provisions: Civ. C. § 14; Pol. C. § 17; Pen. C. § 7.

PART I.

OF COURTS OF JUSTICE.

TITLE I.

Organization and Jurisdiction.

CHAPTER VII.

GENERAL PROVISIONS RESPECTING COURTS OF JUSTICE.

ARTICLE III.

Judicial Days.

SEC. 133. Days on which courts, etc., may be held.

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Days on which courts, etc., may be held.

§ 133. Courts of justice may be held and judicial business transacted on any day, except as provided in the next section. Amended April 1, 1880; amendts. 1880, p. 37.

57 Cal. 406; 63 Cal. 421; 65 Cal. 621; 97 Cal. 392; 112 Cal. 610; 152 Cal. 572; 153 Cal. 598.

Nonjudicial days.

§ 134. No court, other than the supreme court, must be open for the transaction of judicial business on any of the holidays mentioned in section ten, except for the following purposes:

1. To give, upon their request, instructions to jury when deliberating on their verdict;

2. To receive a verdict or discharge a jury;

3. For the exercise of the powers of a magistrate in a criminal action, or in a proceeding of a criminal nature.

Injunctions and writs of prohibition may be issued and served on any day.

Amended March 19, 1907; stats. 1907, p. 681.

57 Cal. 406; 63 Cal. 421; 65 Cal. 621; 112 Cal. 610; 138 Cal. 219; 147 Cal. 777.

Courts always open: See Constitution of California, art. VI, § 5.

NOTE. § 134. The amendment recast the section, substituting the words "on any of the holidays mentioned in section 10," instead of attempting to mention the holidays, which are always changing. The amendments are designed to conform to the section in the constitution. (See Reclamation District vs. Hamilton, 112 Cal. 610.)

Appointments on nonjudicial days.

§ 135. If any day mentioned in section ten be a day appointed for the holding or sitting of any court, other than the supreme court, it is deemed adjourned to the next succeeding judicial day. Amended March 19, 1907; stats. 1907, p. 682.

152 Cal. 531, 572; 153 Cal. 598, 599, 601, 603; VIII Cal. App. Dec. 663.

NOTE. § 135. The amendment changes the phraseology of the section to conform with section 10 and with the amendments made to section 134.

ED. NOTE.-§ 135. This section was again amended at the extra session of 1907, on November 23d (stats. 1909, p. 9, which volume includes statutes of extra sessions of 1907), but the amendment was held by the supreme court to be unconstitutional and void. (Diepenbrock vs. Superior Court of Sacramento, 153 Cal. 597.) See, also, VIII Cal. App. Dec. 838.

Restriction of judicial business on special holidays.

stitutional.]

[Uncon

§ 135. On all special holidays the courts of this state shall be open for the transaction of any and all judicial business, except the trial of an action or the rendition of a judgment

based upon a contract, expressed or implied, for the direct payment of money. Provided, if any day mentioned in section 10 of this code other than a special holiday happen to be the day appointed for the holding or sitting of a court, or to which it is adjourned, it shall be deemed appointed for or adjourned to the next day.

ED. NOTE. § 135. As amended November 23, 1997; stats. 1907, p. 9 (which volume includes statutes of extra sessions of 1907). Unconstitutional. See editorial note to section 135, antc, as amended at the regular session of 1907.

PART II.

OF CIVIL ACTIONS.

TITLE II.

Of the Time of Commencing Civil Actions.

CHAPTER III.

THE TIME OF COMMENCING ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY.

SEC. 341.

Within six months.

348. No limitations where money deposited in bank.

Within six months.

§ 341. Within six months:

An action against an officer, or officer de facto:

1. To recover any goods, wares, merchandise, or other property, seized by any such officer in his official capacity as tax collector, or to recover the price or value of any goods, wares, merchandise, or other personal property so seized, or for damages for the seizure, detention, sale of, or injury to any goods, wares, merchandise, or other personal property seized, or for damages done to any person or property in making any such seizure;

2. To recover stock sold for a delinquent assessment, as provided in section 347 of the Civil Code.

Amended March 24, 1874; amendts. 1873-4, p. 292.

117 Cal. 504; 130 Cal. 498; 133 Cal. 66.

Stock sold for assessment: Civ. C. § 347.

No limitations where money deposited in bank.

$348. To actions brought to recover money or other property deposited with any bank, banker, trust company, or savings and loan society, there is no limitation.

Enacted March 24, 1874; amendts. 1873-4, p. 293.

64 Cal. 122; 65 Cal. 72; 73 Cal. 611; 125 Cal. 412; 127 Cal. 674; 153 Cal. 243; 1 Cal. App. 720.

CHAPTER IV.

GENERAL PROVISIONS AS TO THE TIME OF COMMENCING ACTIONS.

SEC. 359. This title not applicable to actions against directors, etc. Limitations in such cases prescribed.

This title not applicable to actions against directors, etc.-Limitations in such cases prescribed.

$359. This title does not affect actions against directors or stockholders of a corporation, to recover a penalty or forfeiture imposed, or to enforce a liability created by law; but such actions must be brought within three years after the discovery by the aggrieved party of the facts upon which the penalty or forfeiture attached, or the liability was created.

Enacted March 11, 1872.

59 Cal. 546; 74 Cal. 171; 82 Cal. 653; 97 Cal. 97; 99 Cal. 613; 103 Cal. 596; 108 Cal. 5; 117 Cal. 163; 124 Cal. 94; 125 Cal. 8, 409, 454, 488; 127 Cal. 167, 259, 527, 671; 142 Cal. 384; 143 Cal. 224; 145 Cal. 703; 147 Cal. 558; 6 Cal. App. 472; 7 Cal. App. 610, 611.

Personal liability of directors: See Civ. C. § 309; Constitution of California, art. XII, § 3.

TITLE IV.

Of the Place of Trial of Civil Actions.

SEC. 395. Other actions according to the residence of the parties.

Other actions according to the residence of the parties.

§ 395. In all other cases, the action must be tried in the county in which the defendants, or some of them, reside at the commencement of the action. If none of the defendants reside in the state, or, if residing in the state, and the county in which they reside is unknown to the plaintiff, the same may be tried in any county which the plaintiff may designate in his complaint, and if the defendant is about to depart from the state, such action may be tried in any county where either of the parties reside, or service is had, subject, however, to the power of the court to change the place of trial, as provided in this code. If any person is improperly joined as a defendant, or has been made a defendant solely for the purpose of having the action tried in the county where he resides, his residence must not be considered in determining which is the proper county for the trial of the action.

Amended March 19, 1907; stats. 1907, p. 700.

61 Cal. 78; 62 Cal. 319; 65 Cal. 394, 602; 69 Cal. 154; 71 Cal. 489; 77 Cal. 132, 449; 80 Cal. 563; 83 Cal. 497; 88 Cal. 575; 92 Cal. 200; 97 Cal. 139, 643; 100 Cal. 15; 101 Cal. 460; 102 Cal. 48, 336; 105 Cal. 141; 106 Cal. 58; 111 Cal. 376; 113 Cal. 609; 115 Cal. 250; 119 Cal. 79; 133 Cal. 60, 507; 135 Cal. 155, 574; 136 Cal. 136; 138 Cal. 580; 139 Cal. 715; 140 Cal. 472; 144 Cal. 774; 148 Cal. 59, 61; 150 Cal. 468; 151 Cal. 159; 153 Cal. 420; 3 Cal. App. 603; 4 Cal. App. 370; 6 Cal. App. 433; 7. Cal. App. 189.

NOTE. § 395. The last sentence of this section has been added, and the amendment thereby made is intended to reach cases where a person has been made a defendant solely for the purpose of having an action tried in the county wherein he resides, thus taking away from the defendant properly joined and from the real defendants the rights of change of venue intended to be vouchsafed to them in other sections of the code.

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