§ 1618. The incident follows the principal, not the prin cipal the incident.' 1 "Accessorium non ducit, seu sequitur suum principale." By a general grant of the reversion the rent will pass with it as an incident, though by the grant of the rent generally, the reversion will not pass (2 Blackst. Com., 176). So the grantor of lands or the assignee of a lease assumes the burden of the covenants that run with the land or are reserved by the lease (Van Wicklen v. Paulson, 14 Barb., 154; Jackson v. Willard, 4 Johns., 41.) § 1619. The law gives effect, if possible, to the lawful intention of the parties to an act or obligation. "Ut res magis valeat quam pereat." This is a general principle which governs the construction of all agree. ments, oral or written, and of all unilateral instruments, like deeds or wills, which are designed to embody the intention of a party (Fish v. Hubbard, 21 Wend, 652; Mason v. White, 11 Barb., 173; Aiken v. Albany N. & C. R. R. Co., 26 id., 289; Warhus v. Bowery Sav ings Bk., 4 Duer, 59; Hall v. Newcomb. 3 Hill, 233). 1620. Every thing is to have a reasonable construction, and everything necessary to make a rule reasonable is implied. Jones v. Gibbons, 8 Exch., 922; see Buck v. Burk, 18 PART V. DEFINITIONS AND GENERAL PROVISIONS. TITLE I. Definitions. II. General Provisions. TITLE I. DEFINITIONS. SECTION 1621. Words, how used. 1622. Degrees of care and diligence. 1623. Care and diligence. 1624. Degrees of negligence. 1625. Negligence. 1626. Children. 1627. Debtor and creditor. 1628. Good faith. 1629. Notice. 1630. Paper. 1631. Person. 1632. Several. 1633. Third persons. 1634. Usage, custom, &c. 1635. Value. 1636. Time. 1637. Sundry words. 1638. Genders. 1639. Numbers. how used. § 1621. Words used in this Code are to be construed in Words, their ordinary and proper sense, except when a special meaning is attached to them by other provisions of this Code. care and § 1622. There are three degrees of care and diligence Degrees of mentioned in this Code, namely, slight, ordinary and great. diligence The higher degrees include the lower. diligence, § 1623. Slight care or diligence is such as persons of Care and ordinary prudence usually exercise about their own affairs. of slight importance: ordinary care or diligence is such as Degrees of negligence. Negligence. Children. Debtor and creditor. Good faith. Notice. Paper. Person. Several. they usually exercise about their own affairs of ordinary importance; and great care or diligence is such as they usually exercise about their own affairs of great impor tance. § 1624. There are three degrees of negligence mentioned in this Code, namely, slight, ordinary, and gross. The lower degrees include the higher. 1625. Slight negligence consists in the want of great care and diligence; ordinary negligence, in the want of ordinary care and diligence; and gross negligence, in the want of slight care and diligence. 1626. Children include all legitimate or legitimated descendants in the direct line. 1627. Except in Part III of this Division, every one who owes to another the performance of any legal obligation is called a debtor, and the one to whom he owes the same is called a creditor. 1628. Good faith is an honest intention to abstain from taking any unconscientious advantage of another, even through any forms or technicalities of law. § 1629. Notice is actual or constructive. Actual notice is actual information of a fact. Constructive notice is either notice imputed by the law without regard to the fact, or actual information of circumstances which are sufficient to put a reasonable man upon inquiry. There can be no notice of that which does not exist, and never has existed.' 'Griffin v. Goff, 12 Johns., 422; Jackson v. Richards, 2 Cai., 343. § 1630. Paper, within the meaning of this Code, is any material upon which it is usual to write. § 1631. Except where the word is used by way of contrast, "person" include not only human beings, but bodies politic or corporate. § 1632. "Several" means two or more. persons. § 1633. "Third persons" include all who are not parties Third to the obligation or transaction concerning which the phrase is used. แ tom, &c. § 1634. "Usage" means a valid usage, as defined by Usage cussection 603. "Custom," except in section 603, means usage." "Usual," and "customary," mean "according to usage." § 1635. A valuable consideration is a thing of value Value. parted with, or an obligation assumed, which is a substantial compensation for that which is obtained thereby. It is also called simply "value." words. § 1636. Duress, menace, fraud, undue influence, and mis- Sundry take, are defined in sections 550 to 561, inclusive. And whenever the meaning of a word or phrase is defined in any part of this Code, such definition is applicable to the same word or phrase wherever it occurs herein, except where a contrary intention plainly appears. § 1637. A year means a calendar year, and a month a Time. calendar month. Fractions of a year are to be computed by the number of months, thus, half a year is six months. Fractions of days are to be disregarded in computations which include more than one day, and involve no questions of priority § 1638. The masculine gender includes the feminine, Genders. except where a contrary intention plainly appears. § 1639. The singular number includes the plural, and Numbers. the plural the singular, except where a contrary intention plainly appears. Construc tion of the Code. Repeal of former statutes. Time when Code takes effect. TITLE II. GENERAL PROVISIONS. SECTION 1640. Construction of the Code. 1641. Repeal of former statutes. 1642. Time when Code takes effect. § 1640. The rule that statutes in derogation of the com mon law are to be strictly construed has no application to this Code. § 1641. All statutes, laws and rules heretofore in force in this state, inconsistent with the provisions of this Code, are hereby repealed and abrogated; but such repeal or abrogation does not revive any former law heretofore repealed, nor does it affect any right already existing or accrued, or any proceeding already taken, except as in this Code provided. It is proposed to add a special repealing act in the next report. |