day of January, eighteen hundred and eighty-one, so that any statute enacted after that day is to have the same effect as if it had been enacted after this Code. (Id., § 963.) PENAL CODE General provisions; definitions; and rules of construction. Construction of terms.]-In construing this Code, or an indictment or other pleading in a case provided for by this Code, the following rules must be observed, except when a contrary intent is plainly declared in the provision to be construed, or plainly apparent from the context thereof. 1. Each of the terms "neglect," "negligence," "negligent," "and negligently," imports 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; "and" 2 Each of the terms "corrupt " and "corruptly " imports a wrongful desire to acquire, or cause some pecuniary or other advantage to, or by the person guilty of the act or omission referred to, or some other person; 3. Each of the terms "malice" and "maliciously" imports an evil intent, or wish or design to vex, annoy, or injure another person, or to maltreat or injure an animal; 4. The term "knowingly " imports a knowledge that the facts exist which constitute the act or omission a crime, and does not require knowledge of the unlawfulness of the act or omission; 5. Where an intent to defraud constitutes a part of a crime, it is not necessary to aver or prove an intent to defraud any particular person; 6. The term "vessel "includes ships, steamers, canal boats, and every boat or structure adapted to navigation, or movement from place to place by water, either upon the ocean, lakes, rivers, or artificial water ways; 7. The term "signature" includes any memorandum, mark, or sign, written with intent to authenticate any instrument or writing, or the subscription of any person thereto; 8 The term "writing" includes both printing and writing; 9. The term "property" includes both real and personal property, things in action, money, bank bills, and all articles of value; 10. The singular number includes the plural, and the plural the singular; 11. A word used in the masculine gender comprehends as well the feminine and neuter; 12. A word used in the present tense includes the future; 13. The term "person" includes a corporation or joint association as well as a natural person. When it is used to designate a party whose property may be the subject of any offense, it also includes the state, or any other state, government or country which may lawfully own property within the state; 14. The term "real property" includes every estate, interest and right in lands, tenements, hereditaments; 15. The term "personal property" includes every description of money, goods, chattels, effects, evidences of rights in action, and all written instruments by which any pecuniary obligation, right or title to property, real or personal, is created, acknowledged, transferred, increased, defeated, discharged or diminished, and every right and interest therein (Penal Code, § 718, as amended in 1882.) Application of this Code to prior offenses.]-Nothing contained in any provision of this Code applies to an offense committed or other act done, at any time before the day when this Code takes effect Such an offense must be punished according to, and such act must be governed by, the provisions of law existing when it is done or committed, in the same manner as if this Code had not been passed; except that, whenever the punishment or penalty for an offense is mitigated by any provision of this Code, such provision may be applied to any sentence or judgment imposed for the offense after this Code takes effect. An offense specified in this Code, committed after the beginning of the day when this Code takes effect, must be punished according to the provisions of this Code, and not otherwise (Id., § 719.) Existing civil rights preserved.]-The provisions of this Code are not to be deemed to affect any civil rights or remedies existing at the time when this Code takes effect, by virtue of the common law or of any provision of statute. (Id., § 720.) Intent to defraud.]-Whenever, by any of the provisions of this Code, an intent to defraud is required, in order to constitute an offense, it is sufficient if an intent appears to defraud any person, association or body politic or corporate, whatever. (Id., § 721.) Civil remedies preserved.]-The omission to specify or affirm in this Code any liability to any damages, penalty, forfeiture or other remedy, imposed by law, and allowed to be recovered or enforced in any civil action or proceeding, for any act or omission declared punishable herein, does not affect any right to recover or enforce the same. (Id., § 722.) Proceedings to impeach, etc., preserved.]-The omission to specify or affirm in this Code any ground or forfeiture of a public office or other trust or special authority conferred by law, or any power conferred by law to impeach, remove, depose or suspend any public officer or other person holding any trust, appointment or other special authority conferred by law, does not affect such forfeiture or power, or any proceeding authorized by law to carry into effect such impeachment, removal, deposition or suspension. (Id., § 723.) Military punishments, etc., preserved.]-This Code does not affect any power conferred by law upon any court-martial or other military authority or officer, to impose or inflict punishment upon offenders; nor any power conferred by law upon any public body, tribunal or officers to impose or inflict punishment for a contempt; nor any provisions of the laws relating to apprentices, bastards, disorderly persons, Indians and vagrants, except so far as any provisions therein are inconsistent with this Code. (Id., § 724.) Certain statutes continued in force.]-Nothing in this Code affects any of the provisions of the following statutes; but such statutes are recognized as continuing in force, notwithstanding the provisions of this Code; except so far as they have been repealed or affected by subsequent laws; 1. All acts incorporating municipal corporations, and acts amending acts of incorporation or charters of such corporation, or providing for the election or appointment of officers therein, or defining the powers and duties of such officers; 2. All acts relating to emigrants or other passengers in vessels coming from foreign countries, except as provided in section 626 of this Code; 3 All acts for the punishment of intoxication or the suppression of intemperance or regulating the sale or disposition of intoxicating or spirituous liquors; 4. All acts defining and providing for the punishment of offenses and not defined and made punishable by this Code. (Id., § 725, as amended in 1882.) Acts repealed.]-All acts and parts of acts which are inconsistent with the provisions of this act are repealed, so far as they impose any punishment for crime, except as herein provided. (Id., § 726.) When act to take effect.]-This act shall take effect on the first day of December, 1882. When construed in connection with other statutes, it must be deemed to have been enacted on the fourth day of January, eighteen hundred and eighty-one, so that any statute enacted after that day is to have the same effect as if it had been enacted after this Code. (Id., § 727, as amended in 1882.) (15) WRIT OF HABEAS CORPUS. To inquire into the cause of detention, when a person is imprisoned or restrained of his liberty, within this state, for any crime, or upon any pretense. See Code Civil Proc., §§ 2015 to 2066. 1279 INDEX. (References are to the foot-paging.) A. ABANDONING CHILDREN. See CHILDREN. by parents or custodian, or exposing with intent to abandon, a child under six punishment, 130, 1204. intent constitutes the crime; proof of, 131. by parents absconding, 1200. See PARENTS &c. ABSCONDING; SPECIAL PRO- CEEDINGS. ABATEMENT, of nuisance. See NUISANCE. pleas in, 725-6-7. See INDICTMENT. ABETTORS. See MURDER. ABDUCTION OF FEMALES; COMPULSORY MARRIAGES, taking woman unlawfully, against her will, and by force, menace or duress, taking with that intent, 115. punishment, 115. evidence, 115. taking away female under the age of fourteen from her parents, &c., without punishment, 115. indictment, 116. evidence, 116, 117. evidence of woman taken away, &c., 117. accessaries, 117, 118. punishment of, 117. under act of 1848 (ch. 105) against inveigling, enticing or taking away unmar- indictment; evidence; punishment, 118. aiders and abettors, 118. taking away female under the age of sixteen years, without consent of par- inveigling or enticing unmarried female under the age of 25 years into a punishment, 118. "previous chaste character" defined, 119. evidence, 119. [ 81 ] 1281 |