Words elsewhere defined.

984. 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, except where a contrary intention plainly appears.

Civil Code, reported for New York, § 2000.

A list of all words elsewhere defined appears in the index under the title DEFINITIONS.

Good faith.

985. Good faith consists in an honest intention to abstain from taking any unconscientious advantage of another, even through the forms or technicalities of law, together with an absence of all information or belief of facts which would render the transaction unconscientious.

Civil Code, reported for New York, § 2007.

Notice.

986. Notice is either actual or constructive.

Civil Code, reported for New York, § 2008.

Actual notice.

987. Actual notice consists in express information of a fact.' The duty of giving notice, imposed by any provision of this Code, requires actual notice.

1 Civil Code, reported for New York, § 2009.

Constructive notice.

988. Constructive notice is notice imputed by the law to a person not having actual notice.

Civil Code, reported for New York, § 2010.

Certain persons deemed to have constructive notice. 989. Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, and who omits to make such inquiry with reasonable diligence, is deemed to have constructive notice of the fact itself.

Civil Code, reported for New York, § 2011.

Who are principals.

990. All persons concerned in the commission of any offense against the provisions of this Code, whether they directly commit the act constituting the offense, or aid or abet in its commission though not present, are principals.

The Penal Code, reported for New York, § 27.

Who are accessories.

991. All persons who, after the commission of any offense against the provisions of this Code, conceal or aid the offender with knowledge that he has committed such offense, and with intent that he may avoid or escape from arrest, trial, conviction or punishment, are accessories.

The Penal Code, reported for New York, § 28.

Genders.

992. Words used in this Code in the masculine gender include the feminine, except where a contrary intention plainly appears.

Civil Code, reported for New York, § 2026.

Numbers.

993. Words used in this Code in the singular number include the plural, and the plural the singular, except where a contrary intention plainly appears.

Civil Code, reported for New York, § 2027.

Computation of time.

994. Time expressed in days or hours in any provision of this Code, or in any agreement or instrument to which this Code is applicable, is to be computed by excluding the first and including the last, except where a contrary intention plainly appears.

See the conflict of authorities on this point in respect to armistice and truce, in Halleck, Intern. Law and Laws of War, p. 659.

Good reasons can be given for either of the rules that have been suggested. The important consideration is to have an uniform rule, which accords with common usage and opinion.

Code everywhere locally binding.

995. The provisions of this Code, and the amendments and additions which may be made thereto, and regulations agreed on by the nations uniting in it, in order to carry its provisions into effect, shall be binding upon all persons, officers and tribunals in such nations, anything in their local laws to the contrary notwithstanding.

1 Such regulations are contemplated by Articles 442, 445, 468, 476, 482, 538, 702, etc.

National powers, how exercised.

996. National powers mentioned in this Code without designating the department of government by which they are to be exercised, may be exercised by any department authorized by the constitution and laws of the nation.

In some cases the Code, as is usual with treaties, requires the act of a particular department, as in the case of the letters of credence of a public minister, or the passport of a ship, which must be issued by the executive department; or, as in case of extradition, which contemplates the concurrence of acts of the judiciary and the executive. In others, as in the case of the treaty-making power, the question is determined by the domestic constitution.

Powers and jurisdiction not obligatory.

997. The exercise by the nations of the powers, judicial or otherwise, declared by this Code to belong to each nation, is not obligatory upon it, except where it is expressly so declared, or where the Code gives a right which is dependent on the exercise of the power.

The Code declares the exercise of power obligatory in some cases, such as extradition. In some others it gives a right which is equivalent, as in the case of provisions allowing foreigners to sue in the courts. In most cases, as for instance, in case of the jurisdiction to grant divorces, it merely defines the extreme limit of national jurisdiction, leaving each nation to go as far in the exercise of such judicial power, as its laws may provide.

Forging or counterfeiting public securities, &c.

998. Every person who, within the jurisdiction of

a nation, party to this Code, with intent to defraud, forges, counterfeits, or falsely alters:

1. The great seal or principal seal of any nation or state whatever; or the seal of any court or tribunal, or public officer authorized or created by the law of any nation, or who falsely makes, forges or counterfeits any impression, purporting to be the impression of any such seal; or,

2. Any certificate or other public security, issued or purporting to have been issued under the authority of any nation whatever, by virtue of any law thereof, by which certificate or other public security the payment of any money or delivery of any property, absolutely or upon any contingency, is promised, or the receipt of any money or property acknowledged ;' or,

3. Any gold or silver coin issued by the government of any nation whatever, to subserve the purposes of money, with intent to sell, utter, use or circulate the same as genuine within any nation whatever, or to injure or defraud any nation whatever, or the members thereof or,

4. Any postage or revenue stamp of any nation whatever, or who sells, or offers, or keeps for sale as genuine, or as forged any such stamp knowing it to be forged, counterfeited, or falsely altered; or,

5. Any postal money order, certificate, receipt, or other writing for the purpose of obtaining, or receiving, or of enabling any other person to obtain or receive from any nation whatever, or any of its officers or agents, or its post department any sum of money; or,

6. Any public act, record or judicial proceeding of the tribunals; or any certificate of acknowledgment or proof, or other official certificate, of any officer or agent of any nation whatever, intended for use within any nation, party to this Code;

Is guilty of a public offense.

By this and the next Article, certain offenses against the law of any

nation whatever, whether a party to the Code or not, are declared public offenses, and therefore punishable, as prescribed by Article 1003.

1 The Penal Code reported for the State of New York, § 554; Act of Congress of the United States, March 3, 1825, § 27, 4 U. S. Stat. at L., 115. 2 The Penal Code, reported for the State of New York, § 555.

3 Id., §§ 567, 568.

Uttering forged instrument or coin.

999. Every person who, with intent to defraud, utters or publishes as true, within the jurisdiction of any nation, any thing, the forging, altering or counterfeiting of which is hereinbefore declared to be punishable, knowing the same to be forged, altered or counterfeited, is guilty of a public offense.

The Penal Code, reported for the State of New York, § 577.

Perjury.

1000. Every person who commits perjury or subornation of perjury before a tribunal or officer of any nation, a party to this Code, on the taking of testimony pursuant to an application of a foreign tribunal, under article 664, is guilty of a public offense.

Bribery or menace of public agent.

1001. Every person who gives or offers any bribe to, or attempts, by threats or violence, or any other corrupt means, to influence any officer, agent or servant of a nation, a party to this Code, of which the person offending is not a member, or to whose jurisdiction he is not subject, in respect to any matter affecting the duty of such officer, agent or servant to his nation, is guilty of a public offense.

If a member of a nation, being within its jurisdiction, corrupt its officers, it is a matter of municipal cognizance. But if he take advantage of being in any other jurisdiction to commit the offense, or if he be a foreigner, the offense may well be cognizable by either nation.

Violation of provisions of the Code, by whom punishable.

1002. Any willful violation of a provision of this Code, whether declared to be a public offense or not, is