Page:Revised Codes of the State of North Dakota 1895.pdf/959

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Code of Civil Procedure.

CHAPTER 1.

GENERAL DEFINITIONS AND PROVISIONS.

§ 6145. Title. This act shall be known as the code of civil procedure of the state of North Dakota.

§ 5146. Not retroactive. No part of it is retroactive unless expressly so declared.

§ 5147. Code is law of this state. Excludes common law. 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 construed with a view to effect its objects and to promote justice.

§ 5148. Prior rights not affected. No action or proceeding commenced before this code takes effect and no right accrued is affected by its provisions, but the proceedings therein must conform to the requirements of this code as far as applicable.

§ 5149. Limitation commenced to run not interrupted. When a limitation or period of time prescribed in any existing statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this code goes into effect, and the same or any limitation is prescribed in' this code, the time which has already run shall be deemed part of the time prescribed as such limitation by this code.

§ 5150. Computation of time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last is a holiday, and then it is also excluded.

§ 5151. Language, how construed. Words and phrases are construed according to 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 by statute, are to be construed according to such peculiar and appropriate meaning or definition.

§ 5152. Definition of words. The following words have in this code the signification attached to them in this section, unless otherwise apparent from the context:

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