Section § 1855

Explanation

If a map recorded with the county is damaged, lost, or stolen, someone interested in it can ask the court to approve a true copy of it as the replacement. They must submit a written request explaining the situation, with the copy of the map they have. The court will review evidence, and if convinced, will officially declare the copy as valid and instruct that it be recorded as the new official map. Once recorded, this new map is legally treated the same as the original. Any property transactions relying on the map will be legally valid, just like if the original map was never harmed or lost.

When any map which has been recorded in the office of the recorder of any county is injured, destroyed, lost, or stolen, any person interested may file in the superior court of the county in which the map was originally filed or recorded a verified petition in writing alleging that the map has been injured, destroyed, lost, or stolen without fault of the person making the application, and that the petitioner has a true and correct copy of the original map which he or she offers for record in the place of the original map. The petition shall be accompanied by a copy of the true copy offered for recording.
Upon the filing of the petition the clerk shall set it for hearing by the court, and give notice of the hearing by causing notice of the time and place of the hearing to be posted at the courthouse in the county where the court is held at least 10 days prior to the hearing. A copy of the petition and a copy of the true copy offered for record shall be served upon the recorder of the county in which the proceedings are brought at least 10 days prior to the hearing. The court may order any further notice to be given as it deems proper. At the time set for the hearing the court shall take evidence for and against the petition, and if it appears to the court from the evidence presented that the copy of the map submitted is a true copy of the original map, it shall decree that the copy is a true copy of the original map, and order the copy placed of record in the office of the recorder in the place of the original map.
A certified copy of the decree shall accompany the true copy of the map for record. When presented to the county recorder for record, he or she shall place of record the copy of the map in the place of the original map.
When placed of record the copy shall have the same effect as the original map, and conveyances of property referring to the original map shall have the same effect as though the original map had not been injured, destroyed, lost, or stolen, and conveyances thereafter made referring to the copy of the original map shall be deemed to refer also to the original map.

Section § 1856

Explanation

This law states that if you have a written agreement that both parties consider the final version, you can't use evidence from earlier discussions or oral agreements made at the same time to contradict it. However, you can bring in additional consistent terms unless the written contract is meant to be the complete and exclusive deal. The court decides if the written document is the final and complete agreement. If there are mistakes or if the contract's validity is questioned, you can bring in evidence to support these claims. The law also allows for evidence explaining the situation around the agreement or clarifying any unclear points. The term "agreement" covers things like trust documents, deeds, wills, and contracts.

(a)CA Civil Procedure Code § 1856(a) Terms set forth in a writing intended by the parties as a final expression of their agreement with respect to the terms included therein may not be contradicted by evidence of a prior agreement or of a contemporaneous oral agreement.
(b)CA Civil Procedure Code § 1856(b) The terms set forth in a writing described in subdivision (a) may be explained or supplemented by evidence of consistent additional terms unless the writing is intended also as a complete and exclusive statement of the terms of the agreement.
(c)CA Civil Procedure Code § 1856(c) The terms set forth in a writing described in subdivision (a) may be explained or supplemented by course of dealing or usage of trade or by course of performance.
(d)CA Civil Procedure Code § 1856(d) The court shall determine whether the writing is intended by the parties as a final expression of their agreement with respect to the terms included therein and whether the writing is intended also as a complete and exclusive statement of the terms of the agreement.
(e)CA Civil Procedure Code § 1856(e) Where a mistake or imperfection of the writing is put in issue by the pleadings, this section does not exclude evidence relevant to that issue.
(f)CA Civil Procedure Code § 1856(f) Where the validity of the agreement is the fact in dispute, this section does not exclude evidence relevant to that issue.
(g)CA Civil Procedure Code § 1856(g) This section does not exclude other evidence of the circumstances under which the agreement was made or to which it relates, as defined in Section 1860, or to explain an extrinsic ambiguity or otherwise interpret the terms of the agreement, or to establish illegality or fraud.
(h)CA Civil Procedure Code § 1856(h) As used in this section, “agreement” includes trust instruments, deeds, wills, and contracts between parties.

Section § 1857

Explanation

This law says that when interpreting a written agreement, you should generally understand its language based on the local meaning where it was signed, unless the parties involved intended for a different location to apply.

The language of a writing is to be interpreted according to the meaning it bears in the place of its execution, unless the parties have reference to a different place.

Section § 1858

Explanation

This law says that when judges are interpreting laws or legal documents, their job is to figure out what the text actually says. They shouldn't add anything that isn't there or leave out anything that is written. If there are multiple parts to the law, the interpretation should aim to make all parts effective if possible.

In the construction of a statute or instrument, the office of the Judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.

Section § 1859

Explanation

This section of the law says that when interpreting a law or a legal document, we should try to figure out what the lawmakers or the involved parties meant. If there's a conflict between a broad rule and a specific rule, the specific one is more important and takes priority.

In the construction of a statute the intention of the Legislature, and in the construction of the instrument the intention of the parties, is to be pursued, if possible; and when a general and particular provision are inconsistent, the latter is paramount to the former. So a particular intent will control a general one that is inconsistent with it.

Section § 1860

Explanation

This law says that when a judge is trying to understand a legal document, they can consider the circumstances and context in which it was created. This includes understanding the situation of both the subject matter and the people involved, to better interpret what the document's language means.

For the proper construction of an instrument, the circumstances under which it was made, including the situation of the subject of the instrument, and of the parties to it, may also be shown, so that the Judge be placed in the position of those whose language he is to interpret.

Section § 1861

Explanation

This law states that when interpreting written agreements, the words used are generally taken to mean what they commonly mean. However, if there's proof that in a specific case, the words had a special or unique meaning, the agreement should be understood that way.

The terms of a writing are presumed to have been used in their primary and general acceptation, but evidence is nevertheless admissible that they have a local, technical, or otherwise peculiar signification, and were so used and understood in the particular instance, in which case the agreement must be construed accordingly.

Section § 1862

Explanation

If a document has both handwritten and printed parts that contradict each other, the handwritten part takes priority over the printed one.

When an instrument consists partly of written words and partly of a printed form, and the two are inconsistent, the former controls the latter.

Section § 1864

Explanation

This law is about understanding the terms of an agreement when each party interprets them differently. If one party thinks the other party understands the terms in a certain way, that interpretation will be used against them. When there are multiple ways to reasonably interpret a provision, the interpretation that benefits the party the provision was meant to help will be chosen.

When the terms of an agreement have been intended in a different sense by the different parties to it, that sense is to prevail against either party in which he supposed the other understood it, and when different constructions of a provision are otherwise equally proper, that is to be taken which is most favorable to the party in whose favor the provision was made.

Section § 1865

Explanation

This section explains that any written notice or document should be understood by its usual meaning. When it comes to notices about a bill of exchange or promissory note that isn't accepted or paid, it means that the document was properly shown for acceptance or payment, was refused, and the person who sent the notice expects the person receiving it to pay.

A written notice, as well as every other writing, is to be construed according to the ordinary acceptation of its terms. Thus a notice to the drawers or indorsers of a bill of exchange or promissory note, that it has been protested for want of acceptance or payment, must be held to import that the same has been duly presented for acceptance or payment and the same refused, and that the holder looks for payment to the person to whom the notice is given.

Section § 1866

Explanation
If a law or document can be understood in two ways, one supporting natural rights and the other not, the interpretation that favors natural rights should be chosen.
When a statute or instrument is equally susceptible of two interpretations, one in favor of natural right, and the other against it, the former is to be adopted.