witness is satisfied that he has a peculiar mode of swearing, connected with, or in addition to the usual form of administration, which, in his opinion, is more solemn or obligatory, the court may in its discretion, adopt that mode. En. March 11, 1872.

Cal.Rep.Cit. 99, 569.

§ 2096. Same. When a person is sworn who believes in any other than the Christian religion, he may be sworn according to the peculiar ceremonies of his religion, if there be any such. En. March 11, 1872.

Cal.Rep.Cit. 99, 569.

Prac. Act, sec. 444. En. April 29, 1851.

§ 2097. Any person who prefers it may declare or af firm. Any person who desires it may, at his option, instead of taking an oath, make his solemn affirmation or declaration, by assenting, when addressed in the following form: "You do solemnly affirm (or declare) that," etc., as in section two thousand and ninety-four. En. March 11, 1872.

Prac. Act, sec. 445. En. April 29, 1851.

CHAPTER IV.

GENERAL PROVISIONS.

§ 2101. Questions of fact, how tried.

§ 2102. 2103. 2104.

Questions of law addressed to the court.
Questions of fact by court or referee.
Moneys paid into court.

§ 2101. Questions of fact, how tried. All questions of fact, where the trial is by jury, other than those mentioned in the next section, are to be decided by the jury, and all evidence thereon is to be addressed to them, except when otherwise provided by this code. En. March 11, 1872. Am'd. 1873-4, 394.

Effect of evidence, for jury: Ante, sec. 2061.

Fraudulent intent, a question of fact: Civ. Code, sec.

3442.

Code Civ. Proc.-64.

2102. Questions of law addressed to the court. All questions of law, including the admissibility of testimony, the facts preliminary to such admission, and the construction of statutes and other writings, and other rules of evidence, are to be decided by the court, and all discussions of law addressed to it. Whenever the knowledge of the court is, by this code, made evidence of a fact, the court is to declare such knowledge to the jury, who are bound to accept it. En. March 11, 1872.

Cal. Rep. Cit. 113, 625.

Knowledge of the court-scope of judicial notice: Ante, sec. 1875.

§ 2103. Questions of fact by court or referee. The provisions contained in this part of the code respecting the evidence on a trial before a jury, are equally applicable on the trial of a question of fact before a court, referee, or other officer. En. March 11, 1872.

§ 2104. Moneys paid into court. Whenever moneys are paid into or deposited in court, the same shall be delivered to the clerk in person, or to such of his deputies as shall be specially authorized by his appointment in writing to receive the same. He must, unless otherwise directed by law, deposit it with the county treasurer, to be held by him subject to the order of the court. The treasurer shall keep each fund distinct, and open an account with each. Such appointment shall be filed with the county treasurer, who shall exhibit it, and give to each person applying for the same a certified copy of the same. It shall be in force until a revocation in writing is filed with the county treasurer, who shall thereupon write "revoked," in ink across the face of the appointment. En. Stats. 1873-4, 394.

Cal.Rep.Cit. 51, 110; 56, 306; 73, 269; 133, 532.

Corresponding provision: Ante, sec. 573.

66

The foregoing new section, and many of the foregoing amendments to the Code of Civil Procedure, are taken from An act to amend the Code of Civil Procedure," approved March 24, 1874; amendments 1873-4, 279. The amendatory act contained two other sections, in reference to the effect of the new provisions, as follows:

Repealing clause-Rights preserved.

Sec. 253. All provisions of law inconsistent with the provisions of this act are hereby repealed; but no rights acquired, or proceedings taken under, the provisions repealed shall be impaired, or in any manner affected by this repeal; and whenever a limitation or period of time prescribed by such repealed provisions for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this act takes effect, and the same or any other limitation is prescribed by this act, the time which shall have run when this act takes effect shall be deemed part of the time prescribed by this act.

Sec. 254. This act takes effect on the first day of July, eighteen hundred and seventy-four.

APPENDIX.

APPEALS.

An act to provide for the taking of appeals from judgments or orders given or made in the courts existing on and before the first day of January, eighteen hundred and eighty. [Approved April 3, 1880, Stats. 1880, p. 24 (Ban. ed., p. 121).]

The purpose of the act sufficiently appears from the title.

BONDS.

An act to facilitate the giving of bonds required by law.

§ 1.

Incorporations for giving bonds. § 2. When corporation not accepted. § 3. Duty of insurance commissioner.

Incorporations for giving bonds.

Section 1. Whenever any person who now or hereafter may be required or permitted by law to make, execute, and give a bond or undertaking, with one or more sureties, conditioned for the faithful performance of any duty, or for the doing or not doing of anything in said bond or undertaking specified, any head of department, board, court, judge, officer, or other person who is now or shall hereafter be required to approve the sufficiency of any such bond or undertaking, or the sureties thereon, may accept as sole and sufficient surety on such bond or undertaking any corporation incorporated under the laws of any state of the United States for the purpose of making or guaranteeing bonds and undertakings required by law, and which shall have complied with all the requirements of the laws of this state regulating the admission of such corporation to transact such business in this state; and all such corporations are hereby vested with full power and authority