Page:United States Statutes at Large Volume 47 Part 1.djvu/933

 72d C ONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . 909 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 and typewriting ; 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 n depose" ; signature or subscrip- tion includes mark, when the person can not write, his name being written near it by a person who writes his own name as a witness Provided, That when a signature is by mark it must, in order that the same may be acknowledged or may serve as the signature to any sworn statement, be witnessed by two persons who must subscribe their own names as witness thereto . The following words 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 ; 2. Thw ords "re al p rope rty" are coextensive with lauds, tene- ments, and hereditaments ; 3. The words " perso nal pr opert y " i nclude mone y, go ods, chat- tels, things in action, and evidences of debt ; 4. The word " month " means a calendar month, unless otherwise expressed ; .5. The word " will " includes codicil ; 6. The word " writ " signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer word "process" a writ or summons issued in the course of judicial proce eding s ; 7. The word " State," when applied to the different parts of the United States, includes the District of Columbia and the Territories ; and the wo rds " United States " may incl ude the D istrict and Territories ; 8. The wor d " 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. SEC. 9. Divisiox of Ju ricf L RFmEo Es .-,Judicial remedies are divided into two classes 1 . Actions ; and 2. Special proceedings. SEC. 10. ACT ION DEFINED-An action is an ordinary proceeding in a court of justice by which one party prosecutes another for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense. SEC. 11. SPECIAL PROCEEDINGS DEFINED .-Every other remedy is a special proceeding. SEC. 12. CIVIL AC TION S ARI SE OUT OF OBLIG ATION S OR INJURIES.- A civi l action arises out of- 1 . An obligation ; 2. An injury. SEC. 13. OBLIGATION DEFINED.-An obligation is a legal duty, by which one person is bound to do or not to do a certain thing, and arises from 1 . Contract ; or 2. Operation of law. SEC. 14. DIVISION of INJIIRIES .--An injury is of two kinds : 1. To the person ; and 2 . To property. SEC. 15. INJmUES To PRoimi r .-An injury to property consists in d epriving its owne r of the benefit of it, which is done by taking, wit hholding, deteri orating, or dest roying it. "Pe rson ." "I`estify" ; "depose." Proviso. Sig natur e by mark. "Property." "Real property ." "Personalpropetty ." "Month ." " Will . ,, "writ"; "pr ocess." "S tate ." "United S tates. " "Affinity." Ju dicial remed ies, d i- vision of . "A ction " def ined . S pec ial proceedings. C ivil a ctions . "Obligation" deflzk~) . Division of injuries Injuries to property,
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