H !l UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY v« 1905 SUPPLEMENT TO DEERING'S CIVIL CODE CALIFORNIA (Issued in 1903) The Amendments to the Civil Code Enacted at THE Legislative Sesston of 1905, with Cita- tions OF the Supreme Court of California, FROM Volumes 138 to 145, Inclusive, OF California Reports BY JAMES H. DEERING SAN FRANCISCO BANCROFT-WHITNEY COMPANY Law Publishers and Law Booksellers J'J05 s w'Jj.LQA ihf ^ SUPPLEMENT - TO THE CODES AND STATUTES OP CALirOIlXIA WITH CITATIONS OF DECISIONS CIVIL CODE § 4. Supp. Cal. Eep. Cit. 145, 715. § 8. En March 21, 1S72. Eep. Stats. 1905, 11. § 9, Business days. All other days than those men- tioned in section seven are to be deemed business days for all purposes. En. March 21, 1872. Am'd, 1905, 11. § 13. Supp. Cal. Eep. Cit. 145, 84; 145, 409. § 14. Supp. Cal. Eep. Cit. 140, 409; 141, 115. Subd. 2— 142, 539. Subd. 3—142, 539. § 19. Supp. Cal. Eep. Cit, 139, 237; 140, 40. § 29. Supp. Cal. Eep. Cit. 1S9, 483. § 38. Supp. Cal. Eep. Cit. 139, 511. § 39. Supp. Cal. Eep. Cit. 140, 152. Civil Code— 1 f § 49-52 SUPPLEMENT. 2 § 49. Personal relations forTiid. The rights of personal relations forbid: 1. Abduction. The abduction of a husband from his wife or of a parent from his child. 2. Same. The abduction or enticement of a wife from her husband, or a child from a parent, or from a guardian en- titled to its custody. 3. Seduction. The seduction of a wife, daughter, orphan sister, or servant. 4. Injury to servant. Any injury to a servant which af- fects his ability to serve his master. En. March 21, 1872. Am'd. 1905, 68. § 51. Personal rights, all persons have equal. All citi- zens within the jurisdiction of this state are entitled to the full and equal accommodations, advantages, facilities, and privileges of inns, restaurants, hotels, eating houses, barber shops, bath houses, theaters, skating rinks, and all other places of public accommodation or amusement, subject only to the conditions and limitations established by law and applicable alike to all citizens. En. Stats. 1905, 553. 51, 52. The statute of 1897, page 137, relating to the rights of persons, is codified in the two sections above named. — Code Commissioner's Note. § 52. Violation of preceding provisions; damages. Who- ever violates any of the provisions of the last preceding section, by denying to any citizen, except for reasons ap- plicable alike to every race or color, the full accommoda- tions, advantages, facilities, and privileges in said section enumerated, or by aiding or inciting such denial, or who- ever makes any discrimination, distinction, or restriction on account of color or race, or except for good cause, ap- plicable alike to all citizens of every color or race what- ever, in respect to the admission of any citizen to, or his treatment in, any inn, hotel, restaurant, eating house, bar- ber shop, bath house, theater, skating rink, or other public place of amusement or accommodation, whether such place is licensed or not, or whoever aids or incites such discrim- ination, distinction, or restriction, for each and every such offense is liable in damages in an amount not less than fifty dollars, which may be recovered in an action at law brought for that purpose. En. Stats. 1905, 553. See note to § 51, ante. 3 CIVIL CODE. §§ 53-61 § 53. Admittance to places of amusement, etc., on pres- entation of ticket, or price of ticket; exceptions. It is un- lawful for any corporation, person, or association, or the proprietor, lessee, or the agents of either, of any opera Louse, theater, melodeon, museum, circus, caravan, race course, fair, or other place of public amusement or enter- tainment, to refuse admittance to any person over the age of twenty-one years, who presents a ticket of admission ac- quired by purchase, or who tenders the price thereof for such ticket, and who demands admission to such place. Any person under the influence of liquor, or who is guilty of boisterous conduct, or any person of lewd or immoral char- acter, may be excluded from any such place of amusement. En. Stats. 1905, 554. 53, 54. The statute of 1893, page 220, relating to the rights of persons, is codified in the sections above named. — Code Commissioner's Note. § 54. Violation of preceding provisions; damages. Any person who is refused admission to any place of amusement contrary to the provisions of the last preceding section, is entitled to recover from the proprietor, lessee, or their agents, or from any such person, corporation, or associa- tion, or the directors thereof, his actual damages, and one hundred dollars in addition thereto. En. Stats. 1905, 554. See note to § 53, ante. § 58. En. March 21, 1872. Am'd. 1873-4, 185. .Eep. 1905, 554. Supp. Cal. Eep. Cit. lo8, 549. 58. The provisions of this section are contained in the present sec- tion 82. The section is therefore unnecessary.— Code Com- missioner's Note. § 60. Marriages, illegal. All marriages of white per- sons with negroes, Mongolians, or mulattoes are illegal and void. En. March 21, 1872. Am'd. 1905, 554. 60. The change consists in the insertion of the word "mongolians" after the word "negroes."— Code Commissioner's Note. § 61. Supp. Cal. Eep. Cit. 139, 632; 140, 248; 140, 249; 140, 485; 140, 488. Subd. 2—140, 247. §§68,69 SUPPLEMENT. 4 § 68. Marriages, procedure rectuired. Marriage must be licensed, solemnized, autlienticated, and recorded as pro- vided in this article; but noncompliance with its provisions by others than a party to a marriage does not invalidate it. En. March 21, 1872. Am'd. 1895, 121; 1905, 554. 68. The change consists in the substitution of the word "others" for "other" before "than"; the substitution of "a party" for "the parties" after "than"; and the substitution of "it" for "that marriage" after "invalidate." The mean- ing of the section is unchanged. — Code Commissioner's Note. § 69. Marriage licenses. All persons about to be joined in marriage must first obtain a license therefor from the county clerk of the county in which the marriage is to be celebrated, and must upon oath qualify aad show as fol- lows: 1. The identity of the parties; 2. Their real and full names and places of residence; 3. Their ages; 4. No license must be granted when either of the parties applicants therefor is an imbecile or insane, or who at the time of making application for said license is under the in- fluence of any intoxicating liquor, or narcotic drug; 5. No license must be issued authorizing the marriage of a white person with a negro, mulatto, or mongolian; 6. If the male is under the age of twenty-one, or the female under the age of eighteen years, the consent of the father, mother or guardian, if such consent is given; or that such non-age person has been previously, but is not at the time married. If the male is under the age of twenty-one, or the :^emale under the age of eighteen years, and such person has not been previousl}^ married, no license must be issued by the clerk unless the consent in writing of the parents of the person under age, or one of such parents, or of his or her guardian is presented to him duly verified by such parents or parent or guardian; and such consent must be filed by the clerk and he must state such facts in the license. For the purpose of ascertaining all the facts mentioned and re- quired in this section, the clerk must at the time the license is applied for examine the parties to whom the license is to be issued under oath and reduce such examination to writing to be by them subscribed. En. March 21, 1872. Am'd.^1873-4, 185; 1880, 3; 1905, 182. § ■ CIVIL CODE. §§ 70-95 § 70. Supp. Cal. Eep. Cit. 140, 221. § 79(7. Not applicable to members of particular religious denomination. The provisions of this chapter, so far as they relate to the solemnizing of marriages, are not appli- cable to members of any particular religious denomination having, as such, any peculiar mode of entering the mar- riage relation; but such marriages must be declared, as pro- vided in section seventy-six, and be acknowledged and re- corded, as provided in section seventy-seven. Where a mar- riage is declared as provided in said section seventy-six, the husband must file said declaration with the county re- corder within thirty days after such marriage, and upon receiving the same the county recorder must record the same; and if the husband fails to make such declaration and file the same for record, as herein provided, he is liable to the same penalties as any person authorized to solemnize marriages, who fails to make the return of such solemniza- tion as provided by law. En. Stats, 1897, 186. Am'd. 1905, 555. 79a (791^^). The change consists in the omission of the words ''procuring a license and" after "to,"' thus requiring a license in every case, but leaving the mode of celebrating the marriage as at present. The section is renumbered 79a. — Code Commissioner's Note. § 84, Children of annulled marriages. A judgment of nullity of marriage does not afPect the legitimacy of chil- dren begotten before the judgment. En. March 21, 1872. Am'd, 1905, 555. 84. The design of the amendment is to make the rule declared in this section applicable to all judgments adjudging marriage null, the present section applying only to cases where a marriage is annulled on the ground that a former husband or wife was living.— Code Commissioner's Note. § 91. Supp. Cal. Eep, Cit. 140, 488. § 94. Divorce, extreme cruelty cause of action for. Ex- treme cruelty is the wrongful infliction of grievous bodily injury, or grievous mental suffering, upon the other by one party to the marriage. En. March 21, 1S72. Am'd. 1905, 75.' § 95. Supp. Cal. Eep. Cit. 142, 525. §§ 96 137 SUPPLEMENT. 6 § 96. Supp. Cal. Rep. Cit. 144, 627. § 99. Supp. Cal. Eep. Cit. 140, 115. § 101. Supp. Cal. Eep. Cit. 140, 115; 140, 117; 140, 125. § 124. Supp. Cal. Eep. Cit. 140, 118. Subd. 3—140, 117. § 125. Supp. Cal. Eep. Cit. 140, 118. § 128. Supp. Cal. Eep. Cit. 140, 483. § 130. Supp. Cal. Eep. Cit. 140, 119; 140, 483; 145, 787. § 131. Supp. Cal. Eep. Cit. 140, 479; 140, 480; 140, 488; 143, 631. § 132. Supp. Cal. Eep. Cit. 140, 480; 140, 488; 143, 631. § 136. Divorce, maintenance by husband where judgment is denied. Though judgment of divorce is denied, the court may, in an action for divorce, provide for the maintenance by the husband, of the wife and children of the marriage, or any of them. En. March 21, 18'72. Am'd. 1905, &3i. § 137. Alimony to be paid while action is pending; action for support. When an action for divorce is pend- ing, the court may, in its discretion, require the husband to pay as alimony any money necessary to enable the wife to support herself and her children, or to prosecute or de- fend the action. When the wife has any cause of action for divorce as provided in section ninety-two of this code, she may, without applying for a divorce, maintain in the superior court an action against him for permanent sup- port and maintenance of herself or of herself and children. During the pendency of such action the court may, in its discretion, require the husband to pay as alimony any money necessary for the prosecution of the action and for support and maintenance, and execution may issue therefor in the discretion of the court. The final judgment in such action may be enforced by the court by such order or orders as in its discretion it may from time to time deem necessary, and such order or orders may be varied, altered, or revoked 7 CIVIL CODE. §§ 138-171 at the discretion of the court. En. March 21, 1872. Am'd. 1877-8, 76; 1880, 4; 1905, 205. Supp. Cal. Eep. Cit. 143, 633; 144, 326. § 138. Custody and maintenance of minors during actions for divorce. In actions for divorce the court may, during the pendency of the action, or at the final hearing or at any time thereafter during the minority of any of the children of the marriage, make such order for the custody, care, education, maintenance and support of such minor children as may seem necessary or proper, and may at any time modify, or vacate the same. En. March 21, 1872. Am'd. 1905, 43. § 139. Supp. Cal. Eep. Cit. 144, 326. § 140. Supp. Cal. Eep. Cit. 144, 325; 144, 526. § 158. Supp. Cal. Eep. Cit. 139, 253; 142, 124; 143, 649; 145, 599. § 159. Supp. Cal. Eep. Cit. 145, 599. § 161. Supp. Cal. Eep. Cit. 139, 560; 145, 480. § 162. Supp. Cal. Eep. Cit. 143, 295. § 163. Supp. Cal. Eep. Cit. 142, 5; 142, 6. § 164. Supp. Cal. Eep. Cit. 138, 572; 142, 121; 143, 295; 143, 647. § 171. Separate property of wife liable for own debts and for necessaries of life. The separate property of the wife is liable for her own debts contracted before or after her marriage, but is not liable for her husbands debts; provided, that such property is liable for the payment of debts contracted by the husband or wife for the neces- saries of life furnished to them or either of them while they are living together. Provided that the provisions of this act shall not apply to the separate property of the wife held by her at the time of her marriage or acquired by her by devise or succession after marriage. En. March 21 1872. Am'd. 1905, 206. §§ 172-227 SUPPLEMENT, 8 § 172. Supp. Cal. Kep. Cit. 139, 565; 142, 522; 145, 599. § 193. Supp. Cal. Eep. Cit. 145, 715. § 196. Supp. Cal. Eep. Cit. 145, 716. § 197. Supp. Cal. Eep. Cit. 142, 426. § 198. Supp. Cal. Eep. Cit. 142, 426. § 203. Supp. Cal. Eep. Cit. 143, 404; 143, 405. § 204. Supp. Cal. Eep. Cit. 142, 426; 143, 403. § 207. Supp. Cal. Eep. Cit. 145, 716; 145, 717. § 226. Adoption of child, petition; consent of residents necessary; consent of nonresidents. Any person desiring to adopt a child may, for that purpose, petition the superior court of the county in which the petitioner resides. The person adopting a child, and the child adopted, and the other persons, if within or residents of this state, whose consent is necessary, must appear before the court, and the necessary consent must thereupon be signed and an agree- ment executed by the person adopting, to the effect that the child shall be adopted and treated in all respects as his own lawful child should be treated. If the persons whose consent is necessary are not within or are not residents of this state, then their written consent, duly proved or acknowledged, according to sections eleven hundred and eighty-two and eleven hundred and eighty-three, must be filed in said superior court at the time of the application for adoption. En. March 21, 1872. Am'd. lS7'5-6, 69; 1880, 4; 1905, 555. 226. The first two sentences of this section have been recast with the design of making the proceeding for adoption judicial, thereby supporting it by the same intendments which are indulged in favor of other proceedings conducted in courts of record. — Code Commissioner's Note. § 227. Judge's order; petition, order, etc., where filed. The court must examine all persons appearing before it pur- suant to the last section, each separately, and if satisfied that the interests of the child will be promoted by the adop- tion, it must make an order declaring that the child shall 9 CIVIL CODE. §§ 228-246 thenceforth be regarded and treated in all respects as the child of the person adopting. The petition, agreement, con- sent, and order must be filed and registered in the office of the county clerk in the same manner as papers in other spe- cial proceedings. En. March 21, 1872. Am'd. 1905, 556. Supp. Cal. Eep. Cit. 140, 469; 141, 406, 227. The change consists in the substitution of the word "court" for the word "judge," and in the addition of the last sentence, said sentence being added for the purpose of making it clear that the papers constituting part of the adoption, or of the proceeding therefor, must be filed and preserved by the clerk. — Code Commissioner's Note. § 228. Supp. 'Cal. Eep. Cit. 140, 469. S 230. Supp, Cal. Eep. Cit. 142, 160; 142, 168; 142, 169; 142, 170; 142, 171; 142, 172. § 242. En. March 21, 1872. Eep. 1905, 728. 242, 243, 244, 245. The provisions of the above sections, relating to guardian and ward, are controlled by sections 1747, 1758, and 1793 of the Code of Civil Procedure. They are, therefore, unnecessary and misleading. — Code Commission- er's Note. § 243. En. March 21, 1872. Am'd. 1873-4, 196; 1880, 4. Eep. 1905, 728. See note to § 242, ante. § 244. En. March 21, 1872. Am'd. 1880, 4. Eep. 1905, 723. See note to § 242, ante, § 245. En. March 21, 1872. Eep. 1905, 728. See note to § 242, ante. § 246. Rules for awarding custody of minor. In award- ing the custody of a minor, or in appointing a general guard- ian, the court or officer is to be guided by the following considerations: 1. By what appears to be for the best interest of the child in respect to its temporal and its mental and moral welfare; and if the child is of a sufficient age to form an intelligent preference, the court may consider that preference in deter- mining the question; §§247,243 SUPPLEMENT. 10 2. As between parents adversely claiming the custody or guardianship, neither parent is entitled to it as of right; but other things being equal, if the child is of tender years, it should be given to the mother; if it is of an age to require education and preparation for labor and business, then to the father; 3. Of two persons equally entitled to the custody in other respects, preference is to be given as follows: (1) To a parent; (2) To one who was indicated by the wishes of a deceased parent; (3) To one who already stands in the position of a trustee of a fund to be applied to the child's support; (4) To a relative. 4. Any parent who knowingly or willfully abandons, or having the ability so to do, fails to maintain his minor child under the age of fourteen years, forfeits the guardianship of such child; and any parent or guardian who knowingly per- mits his child or ward to remain for the space of one year in any orphan asylum of this state, wherein such child is sup- ported by charity, and who, during such period, fails to give notice in writing to the managers or officers of such asylum that he is such parent or guardi^in, abandons and forever for- feits all right to the guardianship, care, custody, and control of such child. The officers and managers of any orphan asylum having any such abandoned child in its care have the preferred right to the guardianship of such child. En. March 21, 1S72. Am'd. 1S73-4, 196; 1905, 72S. Supp. Cal. Eep. Cit. 142, 246. 246. The change ennsists in the addition of subdivision 4, which is a codification of the statute of 1873-4, page 297, relating to the care of orphan and abandoned children. The penal provisions of that act are, however, omitted as they do not properly find a place in this Code.— Code Commissioner's Kote. § 247. En. March 21, 1872. Eep. 1905, 729. Supp. Cal. Eep. Cit. 143, 403. 247. The subject matter of this section is provided for in sec- tion 1753 of the Code of Civil Procedure.— Code Commis- sioner's Note. § 248. En. March 21, 1872. Eep. 1905, 729. Supp. Cal. Eep, Cit. 142, 426; 143, 403. 11 CIVIL CODE. S§ 249-253 248, 249. The provisions of these sections are included in sections 1753 and 1770 of the Code of Civil Procedure.— Code Com- missioner's Kote. § 249. En. March 21, 1872. Am'd. 1873-4, 197; 1880, 5. Eep. 1905, 729. See note to § 248, ante. § 253. Supp. Cal. Eep. Cit. Subcl. S— 143, 409. § 255. Siipp. Cal. Eep. Cit. Siibd. 2—143, 230. Subd. 3— 143, 234. § 256. Supp. Cal. Eep. Cit. 143, 229. § 257. Supp. Cal. Eep. Cit. 143, 229; 143, 234. § 258. En. March 21, 1872. Am'd. 1880, 5. Eep. 1905, 729. 258. This section, which prescribed the mode of placing insane per- sons in the asylum, has been supplanted by later legis- lation (see statute of 1897, page 311, relative to the estab- lishment of a lunacy commission, and Political Code, sec- tions 2136 to 2199).— Code Commissioner's JS'ote. PART III. TITLE IV. Title repealed and new title substituted March 21. 1905. Stats. 1905, 560. MASTER AND APPREXTICE. § 264. Minors, when and to whom may be bound as ap- prentices. § 265. Persons who may bind minor with his consent. § 266. Indenture of apprenticeship, how to be executed and what to contain. § 267. Jury trial as to facts of incapacity, etc., of parent. g 264 SUPPLEMENT. 12 § 268. Apprenticing of poor and homeless minors. § 269. Master to keep apprentice within the state, to de- liver him money and other property therein. § 270. Duty to inquire into the treatment of minor ap- prentices. § 271. Hearing of complaints of apprentices. § 272. Power of court to discharge apprentice from ap- prenticeship. § 273. Liability of master for breach of his covenant. § 274. Liability of, and proceedings against, apprentice guilty of gross misbehavior, § 275. Enticing away apprentices and liability for. § 276. Eelease of master removing out of state or quitting business, § 264. Minors, when and to whom may "be bound as ap- prentices. Every minor of the age of fourteen years or up- wards may be bound by indenture as an apprentice to any mechanical trade or art or the occupation of farming to the age of eighteen years, if a female, or to the age of twenty- one years, if a male. En. March 21, 1872. Eep. 1905, 560. En. 1905, 560. 364, 265, 266, 267, 26S, 269, 270, 271, 272, 273, 274, 275, 276. These sections codify the statute of 1875-6, page 842, relative to masters and apprentices, as amended in 1880, page 28, the old chapter being repealed and the provisions of the acts above referred to substituted in place thereof. In this co- dification section 1 of the statute has been made section 264; sections 2 and 7, 265; sections 3, 4, 5, and 12, 266; section 6, 267 ; section 8 and the latter part of section 9, 268; the first clause of section 9 and all of section 10, 269; section 11, 270; section 13, 271; section 14, 272; section 15, 273; sections 16 and 17, 274; section 19, 275; section 20, 276. It vifill be observed that section 18 of the statute has been omitted. It purports to make the parties to an indenture of apprenticeship liable to the master for any breach thereof. The theory of the statute is that the contract of apprenticeship is not made by the minor, but by his parent or guardian. If such parent or guardian is made personally liable on the contract, a parent will rarely, and the guardian almost never, enter into it. It seems sufficient that such parent or giiardian be made answerable for the cost of the proceeding brought by the master to be released from the indenture, as provided for in section 274. The master on his part is not absolutely bound, be- cause he may, if he wishes to remove from the state, or to quit his trade or business, apply to be released from his con- tract, and he may take like action whenever the appren- ■ tice is guilty of neglect, refusal to do his duty, or gross misbehavior. These considerations seem to furnish good reason for the omissiou of the section. — Code Commission- er's Note. 13 CIVIL CODE. §§ 265-267 § 265. Persons who may bind minor with his consent. A minor, with his consent, may be bound by his father, or, in case of his death or incompetency, or -where he has willfully abandoned his family for one year without making suitable provision for their support, or is habitually intemperate in the use of intoxicants, or is a vagrant, then by his mother or legal guardian. An executor, who, by the will of the father, is directed to bring up a child to a trade or calling, has power to bind by indenture in like manner as the father might have done, if living. If a child is illegitimate, the mother alone has power to bind him. If a minor has no parent or guardian competent to act for him, he may bind himself, with the approval of the superior court of the county wherein he resides. If the mother of a minor, whether legiti- mate or illegitimate, marries after his birth, she cannot bind him without the approval of such superior court. En. March 21, 1872. Am'd. 1880, 5. Eep. 1905, 560. En. 1905, 561. See note to § 264, ante. § 266. Indenture of apprenticeship, how to be executed and what to contain. Every indenture of apprenticeship must be executed in duplicate, must state the age of the minor, and, except as hereinafter provided, must show that he consented thereto, must be signed by him and the person binding and the master, and when made with the approval of the superior court, a certified copy of the order of ap- proval must be attached to the indenture. One copy of the indenture must be delivered to the master and the other kept for the use of the minor by his parent or guardian when executed by him, or, when made with the approval of the . court, it must be filed and deposited with the clerk for safekeeping for the use of the minor. No indenture binds the minor after the death of the master, but thereafter the minor may be bound anew. Every indenture entered into otherwise than as herein provided is, as against the ap- prentice, absolutely void. En, March 21, 1872. Eep. 1905, 560. En. 1905, 561. See note to § 264, ante. § 267. Jury trial as to facts of incapacity, etc., of parent. Facts of incapacity, desertion, habitual intemperance, and vagrancy must be decided in said court by a jury, before Civil Code— 2 §§ 268-270 SUPPLEMENT. 14 the indenture can take effect, and an indorsement on the indenture, under seal of the court, that the charge or charges are proved, is sufficient evidence of the mother's power to give such consent; but if the jury does not find the charge or charges to be true, the person at whose instance such proceed- ings may have been had must pay all costs attending the same. En. March 21, 1872. Kep. 1905, 5G0. En. 1905, 561. See note to § 264, ante. § 268. Apprenticing of poor and homeless minors. When a minor is poor, homeless, chargeable to the county or state, or an outcast who has no visible means of obtaining an hon- est livelihood, the superior court may, with his consent, bind him as an apprentice during his minority. Proceedings therefor may be instituted by any citizen, and no fee must be charged by any officer for any act in connection there- with. In all indentures by the court for binding out an orphan or homeless minor as an apprentice there must be inserted, among other things, a clause to the follovv^ing ef- fect: that the master to whom such minor is bound must cause him to be taught to read and write and the ground rules of arithmetic, ratio and proportion, and must give him the requisite instruction in the different branches of his trade or calling, and, at the expiration of his term of ser- vice, must give him or her fifty dollars in gold, and two whole new suits of clothes, to be worth in the aggregate at least sixty dollars gold. En. March 21, 1872. Eep. 1905, 560, En. 1905, 561. See note to § 264, ante. § 269. Master to keep apprentice within the state, to de- liver him money and other property therein. A master must not remove his apprentice out of the state, and must pay and deliver to him the money, clothes, and other property to which he is entitled under the indenture of apprentice- ship, to be held by him as his sole property. En. March 21, 1872. Eep. 1905, 560. En. 1905, 562. See note to § 264, ante. § 270. Duty to inquire into the treatment of minor ap- prentices. Parents and guardians and such court must, from time to time, inquire into the treatment of children bound by them respectively, or with their approval, and the judges 15. CIVIL CODE. §§ 271-273 of such courts are responsible for the charge of apprentices bound by a court or with its approval, and must defend them from all cruelty, neglect, breach of contract, or misconduct on the part of their masters. En. March 21, 1872. Bep. 1905, 560. En. 1905, 562. See note to § 264, ante. § 271, Hearing of complaints of apprentices. The su- perior court must hear the complaints of apprentices who reside within the county against their masters, alleging un- deserved or immoderate correction, insufficient allowance of food, raiment, or lodging, want of instruction in the different branches of their trade or calling, or that they are in dan- ger of being removed out of the state, or any violation of the indenture of apprenticeship, and the court must hear and determine such case and make such order therein as will re- lieve the party in the future. En. March 21, 1872. Eep. 1905, 560. En. 1905, 562. See note to § 264, ante. § 272. Power of court to discharge apprentice from ap- prenticeship. The superior court has power, where circum- stances require it, to discharge an apprentice from his ap- prenticeship, and, in case any money or other thing has been paid or contracted to be paid by either party in relation to the apprenticeship, the court must make such order con- cerning the same as seems just and reasonable. If the ap- prentice so discharged was originally bound by the superior court, it must, if found necessary, again bind such minor, if under age. En. March 21, 1872. Eep. 1905, 560. En. 1905, 562. See note to § 264, ante. § 273. Liability of master for breach of his covenant. Every master is liable to an action on the indenture for a breach of any covenant thereof on hig part. All damages recovered in such action, after deducting necessary charges in its prosecution, belong to the minor, and must be applied and appropriated to his use by the person recovering it in his behalf, and must be paid to the minor, if a male, at the age of twenty-one years, and if a female, at the age of eighteen years. If no action is brought during the minority of the apprentice, it may be commenced by him in his own §§ 274, 275 SUPPLEMENT, 16 name at any time within two years after his coming of age. En. March 21, 1872. Am'd. 1880, 6. Eep. 1905, 560. En. 1905, 562. See note to § 264, ante. § 274. Liability of, and proceedings against, apprentice guilty of gross misbehavior. An apprentice who is guilty of any gross misbehavior, or refusal to do his duty, or willful neglect thereof, is liable to the complaint of his master in the superior court of the county wherein the apprentice re- sides. Snch complaint must set forth the circumstances of the case, and have attached thereto a citation, signed by the clerk of the court, requiring him and all persons who have covenanted in his behalf to appear and answer the complaint within ten days after the service thereof. The complaint and citation must be served in the manner required for serv- ing civil process. When the parties have answered, or when, though they have not answered, the time therefor allowed after the service of the complaint has expired, the court must proceed to hear and determine the cause, and, if the evidence warrants it, may render judgment that the master be discharged from the contract of apprenticeship and for costs of suit. iSuch costs may be recovered from the parent or guardian of the minor, if there is any who signed the indenture, and execution therefor may issue accordingly. If there is no parent or guardian liable for such cost, execu- tion may be issued therefor against the minor, or the amount thereof may be recovered in an action against him after he arrives at full age. He is also liable to the master in an action on the indenture for the breach of any covenant on the part of the apprentice contained therein, committed fore the master was discharged from the indenture. En. March 21, 1872. Eep. 1905, 560. En. 1905, 562. See note to § 264, ante. § 275. Enticing away apprentices and liability for. It is unlawful for any person to entice, counsel, or persuade to run away any apprentice, or to harbor, or conceal him, knowing him to be a runaway. Any party so offending is guilty of a misdemeanor, and may be fined not more than one hundred dollars, to be recovered by the master in any court having jurisdiction. En. March 21, 1872. Eep. 1905, 560. En. 1905, 563. See note to § 264, ante. 17 CIVIL CODE, §§ 276-290 § 276. Release of master removing out of state or quit- ting business. Whenever any master wishes to remove out of the state, or to quit his trade or business, he must ap- pear with his apprentice before the superior court of the county in which the latter resides, and if the court is satis- fied that the master has done justice to the apprentice for the time he has had charge of him, the court has power to dis- charge the master from the indenture and to again bind the apprentice, if necessary. En. March 21, 1872, Kep, 1905, 560, En. 1905, 563. See note to § 264, ante. § 284. Supp. Cal, Kep. Cit. 144, 334. § 285. Corporations, how formed. Private corporations may be formed by the voluntary association of any three or more persons in the manner prescribed in this article. A majoritv of such persons must be residents of this state. En, luarch 21, 1872. Am'd. 1873-4, 197; 1905, 502, § 286. Supp. Cal. Eep. Cit. 144, 594. § 290. Articles must set forth. Articles of incorporation must be prepared, setting forth: 1. Name. The name of the incorporation. 2. Purposes. The purpose for which it is formed. 3. Place of business. The place where its principal busi- ness is to be transacted. 4. Term of existence. The term for which it is to exist, not exceeding fifty years. 5. Number of directors. The number of its directors or trustees, which shall not be less than three, and the names and residence of those who are appointed for the first year; provided, that the corporate powers, business, and property of corporations formed, or to be formed for the pur- pose of erecting and managing halls and buildings for the meetings and accommodations of several lodges or societies of any benevolent or charitable order or or- ganization, and in connection therewith the leasing of stores and offices in such building or buildings for other purposes, may be conducted, exercised, and con- trolled by a board of not less than three or more than fifty directors, to be chosen from among the stockholders of such corporation, or among the members of such order or organi- § 2901^ SUPPLEMENT. 18 zation; and provided, also, that at any time during the ex- istence of corporations for profit, other than those of the character last hereinabove provided for, the numbers of the directors may be increased or diminished, by a majority of the stocliholders of the corporation, to any number not less than three, who must be members of the corporation; where- upon a certificate stating the number of directors must be filed, as provided for in section two hundred and ninety- isix for the filing of the original articles of incorporation; and provided, also, that the corporate powers, business and property of corporations formed or to be formed for social purposes, and not directly for profit, may be exercised, con- ducted, and controlled by a board, consisting of such num- ber of directors as may be in the constitution or by-laws provided; and corporations so formed may, in their constitu- tion or by-laws, provide for the length of time that the di- rectors, or any number thereof, shall act, and may, in like manner provide that certain directors, or a certain number of the board of directors, to be selected by the corporation or the board of directors, in the mode and manner provided in the constitution or by-laws, shall act for any specified length of time, or otherwise, as shall be in the constitution or by-laws set forth. 6. Capital stock. The amount of its capital stock, and the number of shares into which it is divided. 7. Capital stock subscribed. If there is a capital stock, the amount actually subscribed, and by whom. En. March 21, 1872. Am'd. 1873-4, 199; 1875-6, 70; 1880, 11; 1891, 285; 1900-01, 322; 1905, 502. § 2901^. Corporatio"is not to use the word "trust" as part of corporate name. No corporation hereafter formed shall use the word "trust" or "trustee" as a part of its corporate name unless it shall be authorized by its articles of incorporation to act as executor, administrator, guardian, assignee, receiver, depositary or trustee, nor shall any cor- poration hereafter formed accept or execute any trust un- less it shall have complied with all the provisions of "An act authorizing certain corporations to act as executor, ancl in other capacities, and to provide for and regulate the ad- ministration of trusts by such corporation," approved April 6th, 1891, and the amendment thereto approved, April 1st, 1897. En. Stats. 1905, 251. 19 CIVIL CODE. §§ 291-299 § 291, Supp. Cal. Eep. Cit. 142, 227. § 292. Articles subscribed and acknowledged. The arti- cles of incorporation mnst be subscribed by three or more persons, a majority of whom must be residents of this state, and acknowleds^ed by each before some officer authorized to take and certify acknowledgments or conveyances of real property. En, March 21, 1872. Am'd. 1373-4, 199; 1905, 503. § 296, Supp. Cal. Eep. Cit. 142, 2S1. § 299. Corporations holding property in any county other than where original articles are filed, must file certified ar- ticles with county clerk. No corporation hereafter formed must purchase, locate, or hold property, in any county in this state, other than the county in which its original ar- ticles of incorporation are filed, without filing a copy of the copy of its articles of incorporation filed in the office of the secretary of state, duly certified by such secretary of state, in the office of the county clerk of the county in which such property is situated, within sixty daj-s after such purchase or location is made. Every corporation now in existence, whether formed under the provisions of this code or not, must, within ninety days after the passage of this section, file such certified copy of the copy of its articles of incor- poration in the office of the county clerk of every count}'' in this state in which it holds any property, except the county where the original articles of incorporation are filed; and if any corporation hereafter acquires any property in a county other than that in which it now holds property, it ■must, within ninety days thereafter, file with the clerk of such county such certified copy of the copy of its articles of incorporation. The copies filed with the several county clerks, and certified copies thereof, have the same force and effect in evidence as the originals. Any corporation failing to comply with the provisions of this section cannot maintain or defend any action or proceeding in relation to such prop- erty, its rents, issues, or profits, until such articles of incor- poration, and such certified copy of its articles of incorpo- ration, and such certified copy of the copy of its articles of incorporation, are filed at the places directed by the general law and this section; provided, that all corporations are lia- §§ 301-304 SUPPLEMENT, 20 fcle in damages for any and all loss that may arise by the failure of such corporation to perform any of the foregoing duties within the time mentioned in this section; and pro- vided further, that the said damages may be recovered in an action brought in any court of this state of competent juris- diction, by any party or parties suffering the same. En. March 21, 1872. Eep. 1873-4, 200. En. ^tats. 1S75-6, 71. Am'd. 1877-8, 76; 1880, 13; 1905, 556. 299. The change consists in the insertion of the words "other than the county in which its original articles of incorpora- tion are filed" after "state." — Code Commissioner's Note. § 301, Supp. Cal. Eep. Cit. 145, 702. § 302. Election of directors; notice of. The direc- tors of a corporation must be elected annually by the stockholders or members, and if no provision is made in the by-laws for the time of election, the election must be held on the first Tiiesday in June. Notice of such election must be given as prescribed in section three hundred and one. En, March 21, 1872. Am'd. 1905, 557. 303. The change consists in the omission of the words "and. the right to vote determined" after "given." The right to vote is controlled by section 307. — Code Commissioner's Note. § 304. By-laws. All by-laws adopted must be certified by a majority of the directors and secretary of the corporation, and copied in a legible hand, in some iDook kept in the of- fice of the corporation, to be known as the "book of by- laws," and the book must then be open to the inspection of the public during office hours each day except holidays. The by-laws may be repealed or amended, or new by-laws may be adopted, at the annual meeting, or at any other meet- ing of the stockholders or members, called for that purpose by the directors, by a vote representing two thirds of the subscribed stock, or by two thirds of the members. The written assent of the holders of two thirds of the stock, or two thirds of the members if there is no capital stock, is effectual to repeal or amend any by-law, or to adopt addi- tional by-laws. The power to repeal and amend the by- laws, and adopt new by-laws, may, by a similar vote at any such meeting, or similar written assent, be delegated to the board of directors. The power, when delegated, may be re- 21 CIVIL CODE. § 305 voked bv a similar vote, at any regular meeting of the stockholders or members. Whenever any amendment or new by-law is adopted, it must be copied in the book of by-laws ■with the original by-laws, and immediately after them. If any by-law is repealed, the fact of repeal, with the date of the meeting at which the repeal was enacted, or written assent was filed, must be stated in said book. Until copied or stated as hereinbefore required, no by-law, nor any amend- ment or repeal thereof, can be enforced against any person, other than the corporation, not having actual notice thereof. En. March 21, 1S72. Am'd. 1S73-4, 201; 18S5, 130; 1905, 557. 304. The provisions of the present section, declaring that no by- law or any amendment thereof shall take effect until copied in the book of by-laws, is amended so as to permit by-laws and amendments thereof, which have been duly passed, to be treated as valid and enforceable against the corpora- tion and persons having notice thereof, regardless of whether or not they have been copied into the proper book. It has often happened that by-laws have been published and generally acted upon by the corporation, and by others, and then their effect has been sought to be avoided on ac- count of the failure of the proper officer to perform his duty of copying them as the Code directs. The change consists in the addition of the last sentence. — Code Commissioner's Kote. § 305. Corporate powers to "be exercised by board of di- rectors; directors, qualifications of; quorum; vacancies. The corporate powers, business and property of all corporations formed under this title must be exercised, conducted, and con- trolled by a board of not less than three directors, to be elected from among the holders of stock; or where there is no capital stock, then from the members of such corporations; except that corporations formed or to be formed for the pur- pose of erecting and managing halls and buildings for the meetings and accommodation of several lodges or societies of any benevolent or charitable order or organization, and in connection therewith, the leasing of stores and ofiices in such building or buildings for other purposes, the corporate powers, business, and property thereof may be conducted, ex- ercised, and controlled by a board not less than three or more than fifty directors, to be chosen from among the stock- holders of such corporation or from among the members of such order or organization. A majority of the directors must be in all cases residents of this state. Directors of corpora- tions for profit must be holders of stock therein to an amount §§ 308, 309 SUPPLEMENT. 22 to be fixed by the by-laws of the corporation. Directors of all other corporations must be members thereof. Unless a quorum is present and acting no business performed or act done is valid as against the corporation. Whenever a va- cancy occurs in the office of director, unless the by-laws of the corporation otherwise provide, such vacancy must be filled by an appointee of the board. En. March 21, 1872. Am'd. i875-6, 71; 1900-01, 308; 1905, 503. § 308. Supp. Cal. Eep. Cit. 145, 364. § 309. Dividends; limit as to debt; withdrawal; increase or decrease of capital stock. The directors of corpltrations must not make dividends, except from the surplus profits aris- ing from the business thereof; nor must they create any debts beyond their subscribed capital stock; nor must they divide, withdraw, or pay to the stockholders, or any of them, any part of the capital stock, except as hereinafter provided, nor reduce or increase the capital stock, except as herein specially provided. For a violation of the provisions of this section, the directors under whose administration the same may have happened (except those who may have caused their dissent therefrom to be entered at large on the minutes of the directors at the time, or were not present when the same did happen) are, in their individual or private capacity,, jointly and severally liable to the corporation, and to the creditors thereof, to the full amount of the capital stock so divided, withdrawn, paid out, or reduced, or debt contracted; and no statute of limitation is a bar to any suit against such directors for any sums for which they are liable by this sec- tion; provided, however, that where a corporation has been heretofore or may hereafter be formed for the purpose^ among other things, of acquiring, holding, and selling real estate, water, and water rights, the directors of such cor- poration may, with the consent of stockholders representing two thirds of the capital stock thereof, given at a meeting called for that purpose, divide among the stockholders the land, water, or water rights so by such corporation held, in the proportions to which their holdings of such stock at the time of such division entitle them. All conveyances made by the corporation in pursuance of this section must be made and received subject to the debts of such corporation exist- ing at the date of the conveyance thereof. Nothing herein prohibits a division and distribution of the capital stock of 23 CIVIL CODE. § 310 any corporation which remains after the payment of all its debts, upon its dissolution, or the expiration of its term of existence. En. March 21, 1872. Am'd. 1891, 468; 1905, 558. 309. The change consists in the omission of the words, "nor must they divide, withdraw, or pay to the stockholders, or any of them, any part of the capital stock," where those words first occur, and in the omission of the words "in the event of its dissolution," after "thereof." The rea- son for the omission of the words first above alluded to is that by some clerical error they occur twice in the section. The words "in the event of its dissolution" are omitted because their presence makes it impossible to enforce the liability against the directors unless the corporation is first dissolved, which could not have been the intention of the legislature. — Code Commissioner's Note. § 310. Removal of directors. The board of directors may be removed from office by a vote of two thirds of the mem- bers, or of stockholders holding two thirds of the capital stock, at a genei'al meeting held after previous notice of the time and place, and of the intention to propose such removal. Meetings of stockholders for this purpose may be called by the president, or by a majority of the directors, or by mem- bers or stockholders holding at least one half of the votes. Such calls must be in writing, and addressed to the secre- tary, who must thereupon give notice of the time, place, and object of the meeting, and by whose order it is called. If the secretary refuses to give the notice, or if there is none, the call may be addressed directly to the members or stock- holders, and be served as a notice, in which case it must specify the time and place of meeting. The notice must be given in the manner provided in section three hundred and one of this title, unless other express provision has been made therefor in the by-laws. In case the board of directors is so removed, a new board may be elected at the same meeting. En. March 21, 1872. Am'd. 1905, 558. 310. The amendment, while it authorizes the removal of the whole board of directors by a two-thirds vote of the members or stockholders, denies the power to remove less than the whole number by such vote. The reason for this is that by the system of cumulative voting sanctioned by section 307, a minority may obtain representation in the board of directors : if so, a director elected to represent a minority of one third ought not to be removed by the subsequent vote of the other two thirds, and the system of cumulative voting and minority representation thus made inefifective. The first sentence only is changed. — Code Commissioner's Note. §§311,312 SUPPLEMENT. 24 § 311. Justice of the peace to preside at meeting of cor- poration, when. Whenever, from any cause, there is no per- son authorized to call or to preside at a meeting of a cor- poration, any justice of the peace of the county where such corporation is established may, on written application of three or more of the stockholders or of the members thereof, issue a warrant to one of the stockholders or members, di- recting him to call a meeting of the corporation, by giving the notice required, and the justice may, in the same war- rant, direct such person to preside at such meeting until a clerk is chosen and qualified, if there is no other officer pres- ent legally authorized to preside thereat. The application of a number of stockholders less than three, but holding a majority of the capital stock, has the same effect as an ap- plication by three or more stockholders or members. En. March 21, 1872. Am'd. 1905, 559. 311. By the amendment proposed the holders of a majority of the stock, though their number is less tlian three, are authorized to apply to the justice to issue a warrant for an election. The change consists in the addition of the last sentence. — Code Commissioner's Note. § 312. Majority of capital stock must be represented at elections. At all elections or votes had for any purpose there must be a majority of the subscribed capital stock, or of the members, represented, either in person or by proxy in writing. Every person acting therein, in person or by proxy or representative, must be a member thereof, or a stock- holder having stock in his own name on the stock books of the corporation at least ten days prior to the election. Any vote or election had other than in accordance with the pro- visions of this article is voidable at the instance of absent or any stockholders or members, and may be set aside by petition to the superior court of the county where the same is held. Any regular or called meeting of the stockholders or members may adjourn from day to day, or from time to time, if for any reason there is not present a majority of the subscribed stock or members, or no election had — such ad- journment and the reasons therefor being recorded in the journal of proceedings of the board of directors. Eu. March 21, 1872. Am'd. 1877-8, 79; 1905, 559. 312. The change consists in the substitution of the words "superior court'' in place of "district court," and in the omission of the words "bona fide" before "stockholder." For the purposes of election, a person appearing upon the books of 25 CIVIL CODE, §§ 312-314 the corporation to be a stockholder should be permitted to vote, and election officers should not be vested with au- thority to deny such a stockholder the right to vote, or to claim that for some reason he is not a bona fide stock- holder. (See Smith v. S. F. & N. P. Ry. Co., 115 Cal. 584). — Code Commissioner's Note. This amendment was approved March 21, 1905, and the following amendment of the same section was approved March 22, 1905: § 312. Corporations; election in, majority of stock must "be represented; election set aside, when and by whom. At all elections or votes had for any purpose in corporations formed for profit there must be a majority of the subscribed capital stock or of the members represented, either in per- son or by proxy in writing; provided^ that in all instances of corporations formed for purposes other than profit the by-laws shall provide the number of members or stockholders that shall constitute a quorum for the transaction of busi- ness. Every person acting therein (in person or by proxy or representative), must be a member thereof or a bona fide stockholder, having stock in his own name on the stock- books of the corporation at least ten days prior to the elec- tion. Any vote or election had other than in accordance with the provisions of this article is voidable at the instance of absent (or any) stockholders or members, and may be set aside by petition to the superior court of the county where the same was held. Any regular or called meeting of the stockholders or members may adjourn from day to day, or from time to time, if for any reason there is not present a majority of the subscribed stock or members, or no election had, such adjournment and the reasons therefor being recorded in the journal of proceedings of the board of directors. En. March 21, 1872. Am'd. 1877-8, 79; 1905, 787. This amendment was approved March 22, 1905, the preceding amendment of the same section being approved March 21, 1905. § 314. Election not taking place on appointed day. If from any cause an election does not take place on the day appointed by law or the by-laws, or otherwise, it may be held on any day thereafter as is provided for in such by- laws, or to which such election may be adjourned or ordered by the directors. If an election has not been held at the appointed time, and no adjourned or other meeting for the purpose has been ordered by the directors, a meeting may Civil Code— 3 §§ 315-321b SUPPLEMENT. 26 be called by the stockholders as provided in section three Ihundred and ten. En. March 21, 187S. Am'd. 190o, 559. 314. The design of the ameiulment is to extend the provisions of the section to all elections howsoever authorized, and for tliis purpose the words "bylaw" are inserted after "ap- pointed," "in" is omitted after "appointed," and "or otherwise" are inserted after "by-laws."— Code Commis- sioner's Note. § 315. New election may be ordered by the court. Upon the application of any person or body corporate ag^grieved by any election held by any corporate body, the superior court of the county in which such election is held must proceed forthwith to hear the allegations and proofs of the parties, or otherwise inquire into the matters of complaint, and thereupon confirm the election, order a new one, or direct such other relief in the premises as accords with right and justice. Upon filing the petition, and before any further proceedings are had under this section, five days' notice of the hearing must be given, under the direction of the court or the judge thereof, to the adverse party, or those to be affected thereby. En. March 21, 1872. Am'd. 1877-8, 79; 1905, 560. 315. The change consists in the substitution of the words "su- perior court of the county" for "district court of the dis- trict." — Code Commissioner's Note. § 321. Supp. Cal. Eep. Cit. 140, 105. § 321&. Stockholders' meetings, who may vote at; proxies. At all meetings of stockholders of corporations organized under the laws of this state, or in the case of corporations having no capital stock, then at all meetings of the members of such corporation, only the stockholders or members actually present shall be entitled to vote on any proposition, including the election of directors and other officers of the corporation, unless proxies from absent or nonattending stockholders or members shall be held by some person or persons present at such meeting and shall be exe- cuted in accordance with the provisions of this section. Every such proxy must be executed in writing by the mem- ber or stockholder himself, or by his duly authorized attor- ney. No proxy heretofore given or made shall be valid after the expiration of eleven months from the passage of this act, unless the member or stockholder executing it shall 27 CIVIL CODE. § 322 have specified therein the length of time for which such proxy is to continue in force, which must be for some lim- ited period, and in no ease to exceed seven years from the date of the execution of such proxy. No proxy here- after to be given or made shall be valid after the expira- tion of eleven months from the date of its execution, unless the member or stockholder executing it shall have specified therein the length of time for which such proxy is to con- tinue in force, which must be for some limited period, and in no case to exceed seven years from the date of the exe- cution of such proxy. Every proxy shall be revocable at the pleasure of the person executing it; but a corporation having no capital stock may prescribe in its by-laws the persons who may act as proxies for members, and the length of time for which such proxies may be executed. En. Stats. 1905, 22. § 322. Liability of stockholder in a corporation. Each stockholder of a corporation is individually and personally liable for such proportion of all its debts and liabilities 'contracted or incurred during the time he was a stockholder as the amount of stock or shares owned by him bears to the whole of the subscribed capital stock or shares of the corpor- ation. Any creditor of the corporation may institute joint or several actions against any of its stockholders, for the proportion of his claim payable by each, and in such action the court must ascertain the proportion of the claim or debt for which each defendant is liable, and a several judgment must be rendered against each, in conformity therev.'ith. If any stockholder pays his proportion of any debt due from the corporation, incurred while he was such stockholder^ he is relieved from any further personal liability for such debt and if an action has been brought against him upon such debt, it must be dismissed, as to him, upon his paying the costs, or such proportion thereof as may be properly charge- able against him. The liability of each stockholder is de- termined by the amount of stock or shares owned by him at the time the debt or liability was incurred; and such liabil- ity is not released by any subsequent transfer of stock. The term stockholder, as used in this section, applies not only to such persons as appear by the books of the corporation to •be such, but also to every equitable owner of stock, although the same appears on the books in the name of another; and also to every person who has advanced the installments or § 323 SUPPLEMENT. 28 purchase money of stock in the name of a minor, so long as the latter remains a minor; and also to every guardian, or other trustee, who voluntarily invests anj^ trust funds in the stock. Trust funds in the hands of a guardian, or trustee, are not liable under the provisions of this section, by reason of any such investment; nor must the person for whose benefit the investment is made be responsible in respect to the stock until he becomes competent and able to control the same; but the responsibility of the guardian or trustee mak- ing the investment continues until that period. Stock held as collateral security, or by a trustee, or in any other repre- sentative capacity, does not make the holder thereof a stock- holder within the meaning of this section, except in the cases above mentioned, so as to charge him with any proportion of the debts or liabilities of the corporation; but the pledgor, or person or estate represented, is to be deemed the stock- holder, as respects such liability. In a corporation having no capital stock, each member is individually and personally liable for an equal share of its debts and liabilities, and similar actions may be brought against him, either alone or jointly with other members, to enforce such liability as by this section may be brought against one or more stockhold- ers, and similar judgments may be rendered. The liability of each stockholder of a corporation formed under the laws of any other state or territory of the United States, or of any foreign country, and doing business within this state, is the same as the liability of a stockholder of a corporation created under the constitution and laws of this state. En. March 21, 1872. Am'd. 1873-4, 203; 1875-6, 73; 1905, 396. Supp. Cal. Eep. Cit. 140, 104; 140, 105; 141, 227; 142, 384. 322. The change consists in the substitution of the lansuage of the first sentence of Section 3 of Article XII of the Constitu- tion in place of the first sentence of the present section. As the section now stands, it is believed to be uncon- stitutional. (See Larrabee v. Baldwin, 35 Cal. 155.) The words "an equal share" are substituted for "his propor- tion." — Code Commissioner's Note. § 323. Certificates of stock, how issued. All corporations for profit must issue certificates for stock when fully paid up, signed by the president and secretary, and may provide, in their by-laws for issuing certificates prior to full payment, under such restrictions and for such purposes as their by-laws may provide, but any certificate issued prior to full pay- 29 CIVIL CODE. §§324-323 ment must show on its face what amount has been paid thereon. En. March 21, 1872. Am'd. 1905, 397. 323. The change consists in the addition of the words "but any certificate issued prior to full paj-ment must show on its face what amount has been paid thereon," the object being to require a certificate issued prior to full payment to show the amount paid thereon. — Code Commissioner's Note. § 324. Supp. Cal. Eep. Cit. 141, 16. § 325. Married woman may transfer stock; dividends paid to her; proxy of. Shares of stock in corporations standing on the books of the corporation in the name of a married woman may be transferred by her, her agent or at- torney, without the signature of her husband, and in the same manner as if such married woman were a femme sole. All dividends payable upon any of such shares of stock may be paid to her, her agent or attorney, in the same manner as if she were unmarried; and any proxy or power given by her, touching any of such shares, is valid and binding, and neither it nor any receipt for dividends need be signed by her husband. En. March 21, 1872. Am'd. 1905, 397. 325. The amendment is desigrned to make it clear that shares of stock standing in the name of a married woman are pre- sumed to be her separate property, and that they may be dealt with by her as such, in the absence of proof and no- tice to the contrary. — Code Commissioner's Note. § 328. Shares of stock, etc., duplicates how issued. Whenever a certificate of stock or of shares in a corporation organized under the laws of this state has been lost, de- stroyed or wrongfully withheld, the owner thereof may bring an action against such corporation in the superior court of the county in which is located its principal place of business, for the purpose of obtaining a new or duplicate certificate. If by the books of the corporation the stock stands in the name of a person other than the plaintiff, or if by such books it appears that some other person claims or has some right, title, or interest in, or lien upon, such stock, all such persons must be made parties defendant with the corporation. Sum- mons must be issued and served as in other civil actions, and in addition thereto, the court must direct its clerk to issue and cause to be published, at least once a week for four successive weeks, in some newspaper published in the county, a notice setting forth the pendency of the action, §§ 331-360 SUPPLEMENT. 30 the names of the parties thereto, the court in which it is pending, the name of the corporation issuing the stock, the number of the certificate and the number of the shares, the name of the person mentioned as stockholder in the certifi- cate, and notifying all persons claiming said shares, or any of them, or any interest or lien therein or thereupon, to be and appear before the court at a time and place to be desig- nated in the notice not less than thirty days from the first publication thereof, then and there to show cause why a new certificate should not be directed to be issued to the plain- tiff, and to set forth their rights in or claim to such shares. If any one appears and answers or intervenes in the action, it must proceed to trial as in other civil cases, and the court must enter judgment as from the facts established may be proper; but if no one appears within the time designated in such notice, nor within the time allowed by law after the services of such summons, the court must hear such evidence as may be offered in support of the allegations of the com- plaint, and make and file its decision thereon, and thereupon may enter its jvidgment canceling the lost, destroyed or wrongfully withheld certificate and directing the corpora- tion, upon payment to it of all costs incurred by it in the premises and without costs against the corporation, to issue to the plaintiff a new or duplicate certificate. After the is- suing of a new certificate by the corporation pursuant to any judgment in such action, no action can ever be main- tained by any person against the corporation in reference to said lost or destroyed certificate or the shares represented thereby, and thereafter any such action is forever barred as against the corporation. En. Stats. 1905, 500. § 331. Supp. Cal. Kep. Cit. 141, 227; 145, 700; 145, 701; 145, 702, § 332. Supp. Cal. Rep. Cit. 145, 701; 145, 710. Subd. 1—145, 702; 145, 707; 145, 709. § 349. Supp. Cal. Eep. Cit. 145, 700; 145, 701. § 354. Supp. Cal. Eep. Cit. Subd. 4—144, 594. § 360. Real estate, amount which may he held by. Xo corporation shall acquire or hold any more real property than 31 CIVIL CODE. §§361,362 may he reasonably necessary for the transaction of its busi- ness, or the construction of its works, except as otherwise specially provided. A corporation may acquire real prop- erty, as provided in title seven, part three, of the Code of Civil Procedure, when needed for any of the uses and pur- poses mentioned in said title. By a unanimous vote of all the directors at any regular meeting^ any corporation exist- ing, or hereafter to be formed under the laws of this state, may acquire and hold the land and building on and in which its business is carried on, and may improve the same to any extent required for the convenient transaction of its busi- ness. En. March 21, 1872. Am'd. ISTS-l, 208; 1905, 774. Supp. Cal. Eep. Cit. 144, 594. 360. Section 363, approved March 5, 1899, is added to section 360, to the end that there shall not, as now, be two sections numbered 363.— Code Commissioner's Note. § 361. En. Stats. 1875-6, 75. Eep. 1905, 775. 361. Repealed, and the matter therein added to section 587a.— Code Commissioner's Note. § 362. Articles of incorporation, how amended. Any cor- poration may amend its articles of incorporation by a ma- jority vote of its board of directors or trustees, and by a vote or written assent of the stockholders representing at least two. thirds of the subscribed capital stock of such cor- poration, or the written assent of the majority of the mem- bers, if there is no capital stock; and a copy of the said articles of incorporation, as thus amended, duly certified to be correct by the president and secretary of the board of di- rectors or trustees of such corporation, shall be filed in the office where the original articles of incorporation are filed, and a certified copy thereof, duly certified by such county clerk, in the office of the secretary of state. A copy of such articles of incorporation, so amended, duly certified by the secretary of state, must be filed in the office of the county clerk of every county in which such corporation has or holds property, except only the county in which the original amended articles of incorporation have been filed. Any cor- poration which shall amend its articles of incorporation and shall fail to file copies of its amended articles, as required by the preceding sentence, shall be subject to the penalties and liabilities provided in section two hundred and ninety- §§ 363-388 SUPPLEMENT. 32 nine for a failure of corporations to file copies of their arti- cles of incorporation in the offices of the county clerks of the counties in which they shall purchase, hold, or locate prop- erty, and from the time of so filing such copy of the amended articles of incorporation, such corporation shall have the same powers, and the stockholders thereof shall thereafter be subject to the same liabilities, as if such amendment had been embraced in the original articles of in- corporation. Such original and amended articles of incor- poration shall together contain all the matters and things required by the laws under which the original articles of in- corporation were executed and filed. Nothing contained in this section must be construed to cure or amend any defect existing in the original articles of incorporation heretofore filed, in that such articles did not set forth the matters re- quired to make the same valid at the time of filing. If the assent of two thirds of said stockholders, or of the majority of members where there is no capital stock, to such amend- ment has not been obtained, a notice of the intention to make such amendment must first be advertised for thirty days in some newspaper published in the town, city, county, or city and county in which the principal place of business of the corporation is located, before the filing of the proposed amendment. Nothing in this section shall be construed to authorize any corporation to increase or diminish its capital stock, change its name, extend its corporate existence, or increase or diminish the number of its directors, without com- plying with the special provisions of this code applicable thereto. En. Stats. 1885, 91. Am'd. 1893, 131; 1903, 411; 1905, 775. § 363. En. 1889, 67. Eep. 1905, 776. 363. There were formerly two sections of this number, one adopted March 19, 1889, and the other adopted March -5, 1889. The former remains in force ; the latter was repealed, 1905, 776. See Code Commissioner's note under § 360, ante. § 384. Supp. Cal. Eep. Cit. 145, 480. § 388. Franchises sold under execution. For the satisfac- tion of any judgment against any person, company, or cor- poration having any franchise other than the franchise of being a corporation, such franchise, and all the rights and 83 CIVIL CODE. §§ 391 399 privileges thereof, may be levied upon and sold under exe- cution, in the same manner, and with the same effect, as any other property. En. March 21, 1S72. Am'd. 1873-4, 208; 1897, 16; 1905, 409. 388. This section as it now stands applies only to corporations au- thorized to receive tolls, and is probably unconstitutional as creating a special law where a general law may be made applicable. (See Krause v. Durbrow, 19 Cal. Dec. 93.) The amendment makes the section applicable to all corpora- tions. — Code Commissioner's Note. § 391. Liabilities same as before sale. The person, com- pany, or corporation whose franchise is sold, as in this article provided, in all other respects retains the same powers, is bound to the discharge of the same duties, and is liable to the same penalties and forfeitures, as before such sale. En. March 21, 1872. Am'd. 1905, 409. 391. The amendment makes the section applicable to persons and companies as well as to corporations.— Code Commissioner's Note. ■ § 392. Redemption. Eedemption from any such sale may be had as provided in the Code of Civil Procedure in the case of redemptions from sales of real estate on execution. En. March 21, 1872. Am'd. 1905, 409. 392. The amendment makes applicable to an execution sale of franchises the law of redemption applicable to other sales of real property. — Code Commissioner's Note. § 393. Sale where made. The sale of any franchise under execution must be made in the county in which the corpora- tion has its principal place of business, or in which the property, or some portion thereof, is situated. En. March 21, 1872. Am'd. 1873-4, 209; 1905, 409. 393. Omits the words "upon which the taxes are paid," that hav- ing apparently no relevancy to the section. — Code Cijmmis- sioner's Note. § 399. En. March 21, 1872. Eep. 1905, 563. 399. This section, which purports merely to designate the place in the Code of Civil Procedure where the dissolution of cor- porations is provided for, does not state any rule of law and constitutes but an imperfect index to the provisions re- ferred to. — Code Commissioner's Note. §§ 400, 401 SUPPLEMENT. 84 § 400. Corporations, directors are trustees of creditors, when dissolved, except. Unless other persons are appointeil by tlie court, the directors or managers of the affairs of a corporation at the time of its dissolution are trustees of the creditors and stockholders or members of the corporation dissolved, and have full power to settle the affairs of the corporation. En. March 21, 1872. Am'd. 1905, 563. 400. The change consists in the substitution of the word "a" for "such." — Code Commissioner's Note. § 401. Extension of corporate existence. Every corpora- tion formed for a period less than fifty years, may, at any time prior to the expiration of the term of its corporate existence, extend such term to a period not exceeding fifty years from its formation. iSuch extension may be made at any meeting of the stockholders or members called by the directors expressly for considering the subject if voted by stockholders representing two thirds of the capital stock; or by two thirds of the members; or may be made npon the written assent of two thirds of the members or of stock- holders representing two thirds of the capital stock. A certificate of the proceedings of the meeting upon such vote, or upon such assent, must be signed by the chairman and secretary of the meeting and a majority of the directors, and be filed in the office of the county clerk where the original articles of incorporation were filed, and a certified copy thereof in the office of the secretary of state, and thereupon the term of the corporation is extended for the specified period. En. March 21, 1872. Am'd. 1873-4, 209; 1905, 564. 401. The desigri of the amendment is to require the written assent of stockholders representing two thirds of the capital stock instead of permitting two thirds in number of the stock- holders to act by their written consent. The change con- sists in the substitution of the words "two thirds of the members or of stockholders representing two thirds of the capital stock" in place of that number of stockholders or members.— Code Commissioner's Note. as CIVIL CODE. §§403,404 DIVISIOIT FIRST. PART IV. TITLE I. CHAPTER V. New chapter added March 20, 1905. Stats. 1905, 410. GENERAL PROVISIONS AFFECTING CORPORATIONS. § 403. Title one to apply to all corporations, with certain exceptions. § 404. Power of the legislature to amend or repeal this part, or any title, chapter, article, or section there- of, and to dissolve all corporations created there- under. § 403. Title one to apply to all corporations, with certain exceptions. The provisions of this title are applicable to every corporation, unless such corporation is excepted from its operation, or unless a special provision is made in rela- tion thereto inconsistent with some provision in this title, in which case the special provision prevails. En. March 21, 1872. Eep. 1905, 410. En. Stats. 1905, 410. 403, 404. The bill adds a new chapter entitled "General Provisions Affecting Corporations." Said chapter is made up of the old section 403, which now stands in a chapter entitled "Extension and Dissolution of Corporations," and of the matter now in section 384, which now stands in a chapter entitled "Examination of Corporations." The object of the rearrangement is the placing of the sections under a more appropriate chapter heading.— Code Commissioner's Note. § 404. Power of legislature to amend or repeal this part, or any title, chapter, article, or section thereof, and to dis- solve all corporations created thereunder. The legislature may at any time amend or repeal this part, or any title, chapter, article, or section thereof, and dissolve all corpora- § 405 SUPPLEMENT. 86 tions created thereunder; but such amendment or repeal does not, nor does the dissolution of any such corporation, tako away or impair any remedy given against any such corpora- tion, its stockholders or officers, for any liability which has been previously incurred. En. Stats. 1905, 410. See note to § 403, ante. PART IV. TITLE I. CHAPTER VI. Chapter added March 21, 1905. Stats. 1905. G30. FOREIGN CORPORATIONS. § 405. Designation of person on whom process may be served. Service on the secretary of state, when valid. I 406. Foreign corporations, statute of limitations in favor of. Proof of corporate existence. Change of designation. § 407. Foreign railway corporations, rights of in this state. § 408. Foreign corporations to file certified copies of ar- ticles of incorporation. § 409. Foreign corporations, fees to be paid by, on filing certified copies of articles of incorporation. § 410. Foreign corporations, penalty for failure to file certified copies of articles of incorporation. § 405. Designation of person on whom process may be served. Service on the secretary of state, when valid. Every corporation other than those created by or under the laws of this state must, within forty days from the time it commences to do business therein, file in the office of the secretary of state a designation of some person residing with- in the state vipon whom process issued by authority of or 37 CIVIL CODE. § 403 under any law of this state may be served. A copy of such designation, duly certified by the secretary of state, is suffi- cient evidence of such appointment. Such process may be served on the person so designated, or, in the event that no such person is designated, then on the secretary of state, and the service is a valid service on such corporation. En. Stats. 1905, 630. 405, 406, 407. These sections codify the statute of 1889, page 111, and section 1, statute of 1880, page 21. — Code Commission- er's Note. The act intended to be referred to here by the Commissioner is probably that of 1871-2, p. 826, as amended 1899, p. 111.— Ed. § 406. Foreign corporations, statute of limitations in favor of. Proof of corporate existence. Change of designa- tion. Every corporation which complies with the provisions of this chapter is thereafter entitled to the benefit of the laws of this state limiting the time for the commencement of civil actions, but no corporation not created by or under the laws of this state is entitled to the benefit thereof, nor can any such corporation maintain or defend any action or proceeding in any court of this state until the corporation has complied with the provisions of the preceding section. In any action or proceeding instituted against any body styled as a corporation, but not created by nor under the laws of this state, evidence that such body has acted as a corporation, or employed methods usually employed by cor- porations, must be received by the court for the purpose of proving the existence of such corporation, the sufficiency of such evidence to be determined by the court with like effect as in other cases. Every corporation which has complied with the laws then in force, requiring it to make and file a designation of the person upon whom process against it may be served, need not make or file any further designation. Any designation heretofore or hereafter made may be re- voked by the filing by the corporation with the secretary of state of a writing stating such revocation. Within forty days after the death or removal from the state of any per- son designated by the corporation, or after the revocation of the designation, the corporation must make a new desig- nation, or be subject to the provisions and penalties of this chapter. En. Stats. 190.5, 630. See note to § 405, ante. Civil Code— 4 |§ 407-409 SUPPLEMENT. 38 § 407, Foreign railway corporations, rights of in this state. Every railway or other corporation organized for the purpose of carrying freight or passengers under or by virtue of the laws of the United States, or of any state or terri- tory thereof, may build railroads, exercise the right of emi- nent domain, and transact any other business which it might do if it were created and organized under or by virtue of the laws of this state, and has the same rights, privileges, and immunities, and is subject to the same laws, penalties, obligations, and burdens as if created or organized under and by virtue of the laws of this state. Nothing contained in this section shall be construed to exempt any corporation from any duty or liability imposed upon it by any of the provisions of this character. En. Stats, 1905, 631. See note to § 405, ante. § 408. Foreign corporations to file certified copies of ar- ticles of incorporation. Every corporation organized under the laws of another state, territory, or of a foreign country, which is now doing business in this state,' or is maintaining an office herein, or which shall hereafter do business in this state or maintain an office herein, or which shall enter this state for the purpose of doing business herein, must file in the office of the secretary of state of the State of California a certified copy of its articles of incorporation, or of its charter, or of the statute or statutes, or legislative, or execu- tive, or governmental act or acts creating it, in eases where it has been created by charter, or statute, or legislative, or executive, or governmental act, and a certified copy thereof, duly certified by the secretary of state of this state, in the office of the county clerk of the county where its principal place of business is located, and also where such corporation owns property. En. Stats. 1905, 631. 408, 409, 410. These sections codify the statute of 1901, page 108.— Code Commissioner's Note. § 409. Foreign corporations, fees to be paid by, on filing certified copies of articles of incorporation. For filing and is- suing a certified copy as required in section four hundred and eight of this code, corporations formed under the laws of another state, or of a territory, or of a foreign country, must pay the same fees as are paid by corporations formed under the laws of this state. En. Stats. 1905, 631. See note to § 408, ante. 39 CIVIL CODE. §§ 410 415 § 410. Foreign corporations, penalty for failure to file certified copies of articles of incorporation. Every corpora- tion organized under the laws of another state, territory, or of a foreign country, which shall neglect or fail, within ninety days from the taking effect of this section, to com- ply with the conditions of sections four hundred and eight and four hundred and nine of this code, shall be subject to a fine of not less than five hundred dollars, to be recovered in any court of competent jurisdiction; and it is hereby made the duty of the secretary of state, as he may be ad- vised that corporations are doing business in contravention of sections four hundred and eight and four hundred and nine of this code, to report the fact to the governor, who shall instruct the district attorney of the county wherein such corporation has its principal place of business, or the attorney-general of the state, or both, as soon as practicable, to institute proceedings to recover the fine provided for in this section, and the amount so recovered must be paid into the state treasury to the credit of the general fund of the state; in addition to which penalty, no foreign corporation which shall fail to comply with sections four hundred and eight and four hundred and nine of this code can maintain any suit or action in any of the courts of this state until it has complied with said sections; provided, that any such cor- poration which, prior to the 8th day of March, 1901, shall have complied with the provisions of the act entitled "An act to amend 'An act in relation to foreign corporations,' approved April 1, 1372." approved March 17, 1899, is ex- empted from the provisions of this section and the two sec- tions next preceding. En. Stats. 1905, 631. See note to § 408, ante. § 415. Purchase and conveyance of real estate. No in- surance corporation may purchase, hold or convey real estate, except as hereinafter set forth, to wit: 1. The building in which it has its principal office and the land upon which it stands. 2. Also, such as may be requisite for its accommodation in the convenient transaction of its business. 3. Also, such as may be conveyed to it, or to any person for it, by way of mortgage, or in trust or otherwise, to se- cure or provide for the payment of loans previously con- tracted or for moneys due. § 421 SUPPLEMENT. 40 4. Also such as may he purchased at sales upon floods of trust, or judgments obtained or made for such loans or debts. 5. Also suL'h as may be conveyed to it in satisfaction of debts previously contracted in the course of its dealings. All such real estate, mentioned in subdivisions three, four and five, so acquired, which is not requisite for the accom- modation of such corporation in the transaction of its busi- ness, must be sold and disposed of within five years after such corporation acauired title to the same. En. March 21, 1872. Am'd. 1905, 21, § 421. Insurance corporations; investment of capital. Corporations organized subsequent to April first, eighteen hun- dred and seventy-eight, under the laws of this state for the transaction of business in any kind of insurance, may invest their capital and accumulations in the following named se- curities: 1. In the purchase of, or loans upon interest-bearing bonds of the United States government. 2. In the purchase of, or loans upon interest-bearing bonds of any of the states of the United States, not in default for interest on such bonds. 3. In the purchase of, or loans upon interest-bearing bonds of any of the counties and incorporated cities and towns of any state or territory of the United States not in default for interest on such bonds. 4. In loans upon unincumbered real property, which shall be worth, at the time of the investment, at least, forty per cent more than the sum loaned, or upon merchandise or cereals in warehouse, but in no instance shall such loan be made in excess of seventy-five per cent of the security taken. 5. Corporations engaged in the business of insuring titles to real estate may, after the investment of one hundred thousand dollars in the manner provided for in subdivisions one, two, three and four of this section, invest an amount not exceeding fifty per cent of their subscribed capital stock, in the preparation or purchase of the materials or plant neces- sary to enable them to engage in such business; and such material or plant shall be deemed an asset valued at the ac- tual cost thereof, in all statements and proceedings required by law for the ascertainment and determination of the con- dition of such corporations. 6. Corporations organized for and engaged in the business of fire, life, health, accident and marine insurance, may, 41 CIVIL CODE. § 421 after the investment of two hundred thousand dollars, and corporations formed or organized for the transaction of business in any kind of insurance not enumerated in section four hundred and nineteen of the Civil Code may, after the investment of one hundred thousand dollars, in the man- ner provided in subdivisions one, two, three and four of this section, invest the balance of their capital and any accu- mulations in interest-bearing first mortgage bonds of any corporations (except mining companies), not in default of interest, organized and carrying on business under the laws of anj^ state of the United States. Provided, that a two- thirds vote of all the directors of such corporations shall approve such investment. It shall be the duty of the officer3 of such corporation to report quarterly, on the first days of January, April, July and October of each year to the in- surance commissioner a list of such investments so made by them, and the insurance commissioner may, if such invest- ments, or any of them, seem injudicious to him, require the sale of the same. But no investment in the securities named in subdivisions one, two, three and six of this section must be made in an amount exceeding the market value of such securities, at the date of such investment. 7. Life insurance companies, or corporations, no matter when organized, may loan upon their own policies, provided that the amount so loaned upon each policy shall not ex- ceed the reserve against said policy at the time said loan is made; provided further, that no policy loans whatever shall ever be used as security which may be deposited with the in- surance commissioner under section six hundred and thirty- four of the Political Code; and provided further, that when- ever any such loan in any amount is made on a policy regis- tered with the insurance commissioner under said section six hundred and thirty-four of the Political Code, such registra- tion shall be forthwith canceled. Nothing in this section contained shall be construed as in anywise affecting the provisions of section four hundred and forty-four of this code. En. Stats. 1905, 34. This section was adopted March 3, 1905. There was also another § 421 adopted March 21, 1905, as follows: § 421. Corporations, insurance, in general; how capital and accumulations may be invested by. Corporations organ- ized under the lavv^s of this state for the transaction of § 421 SUPPLEMENT. 42 business in any kind of insurance, may invest their capital and accumulations in the following named securities. 1. In the purchase of, or loans upon interest-bearing bonds of the United States government. 2. In the purchase of, or loans upon interest-bearing bonds of any of the states of the United States, not in de- fault for interest on such bonds. 3. In the purchase of, or loans upon interest-bearing bonds of any of the counties and incorporated cities and towns of any state or territory of the United States not in default for interest on such bonds. 4. In loans upon unincumbered real property, which shall be worth, at the time of the investment, at least, forty per cent more than the sum loaned, or upon merchandise or cereals in warehouse, but in no instance shall such loan be made in excess of seventy-five per cent of the security taken. 5. Corporations engaged in the business of insuring titles to real estate may, after the investment of one hundred thousand dollars in the manner provided for in subdivisions one, two, three and four of this section, invest an amount not exceeding fifty per cent of their subscribed capital stock, in the preparation or purchase of the materials or plant necessary to enable them to engage in such business; and such material or plant shall be deemed an asset valued at the actual cost thereof, in all statements and proceed- ings required by law for the ascertainment and determina- tion of the condition of such corporations. 6. Corporations organized for and engaged in the busi- ness of fire, life, health, accident and marine insurance, may, after the investment of two hundred thousand dollars, and corporations formed or organized for the transaction of business in any kind of insurance not enumerated in sec- tion four hundred and nineteen of the Civil Code may, after the investment of one hundred thousand dollars, in the manner provided in subdivision one, two, three and four of this section, invest the balance of their capital and any ac- cumulations in the purchase of or loans upon the stock of any corporation (except mining companies) organized and carrying on business under the laws of the State of Cali- fornia which have at the time of investment a market value of not less than their paid-in value, and which are rated as first-class securities, or in interest-bearing first mortgage bonds of same not in default of interest; provided, 43 CIVIL CODE. §§ 427-431 that a two-thirds vote of all the directors of such corpora- tions shall approve such investment. It shall be the duty of the officers of such corporation to report quarterly dur- ing the months of January, April, July and October of each year to the insurance commissioner a list of such invest- ments so made by them, and the insurance commissioner may, if such investments, or any of them, seem injudiciovis to him, require the sale of the same. But no investment in the securities named in subdivisions one, two, three and six of this section must be made in an amount exceeding the market value of such securities, at the date of such in- vestment. 7. Life insurance corporations may loan upon their own policies provided that the amount so loaned upon each pol- icy shall not exceed the reserve against said policy at the time said loan is made; provided further, that no policy loans whatever shall ever be used as security which may be de- posited with the insurance commissioner under section six hundred and thirty-four of the Political Code; and provided further, that whenever any such loan in any amount is made "on a policy registered with the insurance commissioner un- der said section six hundred and thirty-four of the Political Code, such registration shall be forthwith canceled. 8. Nothing in this section contained shall be construed as in anywise affecting the provisions of section four hun- dred and forty-four of this code. En. 1905, 628. § 427. En. March 21, 1872. Am'd. 1873-4, 210, 1877-8, 81; 1887, 22; 1899, 66. Kep. 1905, 34; 1905, 628. § 428. Corporations, fire and marine; amount of risk to be taken by. Fire and marine insurance corporations must never take, on any one risk, whether it is a marine insurance or an insurance against fire, a sum exceeding one tenth part of their capital actually paid in, and intact at the time of taking such risk, without at once reinsuring the excess above one tenth. En. March 21, 1872. Am'd. 1873-4, 210; 1905, 570. 423. The change consists in the insertion of the words "at once" before "reinsuring." — Code Commissioner's Kote. § 431. En. Stats. 1877-8, 81. Kep. 1905, 571. §§ 437-452 SUPPLEMENT. 44 431, 452. Seotion 431, which deals with the amounts to he received by life insurance companies, now stands in a chapter en- titled "Fire, Marine, and Title Insurance Corporations." It is transferred to a more appropriate chapter, and num- bered 452. — Code Commissioner's Note. § 437. Mutual life insurance companies; capital stock of; capital stock to be paid up; guarantee fund. Every cor- poration formed for the purpose of mutual insurance on the lives or health of persons, or against accidents to persons for life or any fixed period of time, or to purchase and sell annuities, must have a capital stock of not less than two hundred thousand dollars. It must not make any insur- ance upon any risk or transact any other business as a cor- poration until its capital stock is fully paid up in cash, nor until it has also obtained a fund, to be known as a "guarantee fund," of not less than two hundred and fifty thousand dollars, as is hereinafter provided. If more than the requisite amount is subscribed, the stock must be dis- tributed pro rata among the subscribers. Any subscription may be rejected by the board of directors or the committee thereof, either as to the whole or any part thereof, and must be, so far as rejected, without effect, nothing in this section shall be deemed to contravene any of the provisions of section four hundred and fifty-one. En. March 21, 1872. Am'd. 1905, 183. § 448. En. March 12, 1872. Eep. 1905, 571. 448. This section exempts accident insurance companies from stamp duties, but as there are no such duties under the law as it now stands the section is unnecessary. — Code Commission- er's Note. § 450. Supp. Cal. Eep. Cit. 139, 335. § 452. Corporations, life insurance, dividends, how made. No corporation formed under the laws of this state, and transacting life insurance business, must make any divi- dends, except from profits remaining on hand after retain- ing unimpaired: 1. The entire capital stock; 2. A sum sufficient to pay all losses reported or in course of settlement, and all liabilities for expenses and taxes; 3. A sum sufficient to reinsure all outstanding policies, as ascertained and determined upon the basis of the Ameri- 45 CIVIL CODE. § 452a can experience table of mortality, and interest at the rate of four and one half per cent per annum. En. Stats. 1877-8, 83. Eep. 1880, 92. En. 1905, 571. See note to § 431, ante. PART IV. TITLE II. CHAPTEE IV. • New chapter added March 20, 1905. Stats. 1905, 411 MUTUAL BENEFIT AND LIFE ASSOCIATIONS. § 452a. Formation of the association. § 453. Levying of assessments. By-laws which may be made. § 452(7. Formation of the association. Associations of not exceeding one thousand persons may be formed for the purpose of paying to the nominee of any member a sum, upon the death of the member, not exceeding three dollars for each member of the association. Such association may be formed by filing articles of incorporation in the office of the clerk of the county in which the principal place of business is situated and a certified copy of such articles of incorporation, duly certified by the county clerk, in the office of the secretary of state. Such articles must state the name of the corporation, its general purposes, its prin- cipal place of business, its term of existence, not exceeding fifty years, the names and residences of the directors se- lected or appointed to serve for the first year, and must bo signed and verified as required by sections two hundred and ninety-two and fiv« hundred and ninety-four. En. Stats. 1905, 411. 452a, 453. Tlie statute of 1873-4, page 745, as amended by the statutes of 1830, page 25, and 1901, page 6, relating to mutual benefit associations, is codified in the above sec- tions, and a new chapter, entitled ''Mutual Benefit and Life Associations," is added, to consist of Lections 452a and 453. — Code Commissioner's Note. §§ 453, 453a SUrPLEMENT. 46 § 453, Levying of assessments. By-laws which may "be made. Each association provided for in this chapter may, on the death of a member, levy an assessment on the sur- viving members of not exceeding three dollars for each member, and collect and pay the same to the nominee of such decedent, and may also provide for the payment of such annual payments by members as may be deemed just, but no member must be subject to any annual assessment in excess of that established when he joined the associa- tion. The association may make such by-laws not incon- sistent with the laws of the state as may be necessary for its government and the transaction of its business; may, by its name, sue and be sued; loan such funds as it may have on hand; and own sufficient real estate for its business purposes and such as it may be necessary to purchase on foreclosure of its mortgages. En. Stats. 1905, 411. See note to § 452a, ante. PAET IV. TITLE II. CHAPTEE V. New chapter added March 21, 1905. Stats. 1905, 571. CORPOEATIOXS TO DISCOVER PIRE AND SAVE PROPERTY AND HUMAN LIFE EEOM DESTRUCTION THEREBY. § 453a. Powers of the corporation. § 4536. Eight of way of corporation and its officers when running to fires. § 453c. Yearly meeting of corporation, notice to be given thereof, and proceedings which may be author- ized thereat. § 453a. Powers of the corporation. Any corporation of underwriters heretofore organized and now existing, or which may be hereafter organized under the laws of this 47 CIVIL CODE. § 453b state, for the purpose of discovering and preventing fires and of saving property and human life from conflagration, and doing business within any municipal corporation of this state, has power, at its own proper cost and expense, to maintain a corps of men, with proper oflicers, equipped with the necessary machinery and apparatus therefor, whose duty it is, so far as practicable, to discover and pre- vent fires and save property and human life from conflagra- tion; and for the effective discharge of such duties, author- ity is hereby granted such corps to enter any building ou fire, or in which property is on fire, or which such corps or any officer thereof deems to be immediately exposed to any existing fire, or in danger of taking fire from a burning building, and to remove or otherwise save and protect from conflagration or damage by water any property, during and immediately after such fire. Nothing in this chapter must be so construed as in any degree to lessen, impair, or inter- fere with the powers, privileges, duties, or authority of the regular fire department of such municipality; nor can any act of such corps justify any owner of any building or property in abandoning such building or property. En. Stats. 1905, 571. 453a, 453b, 453c. The statute of 1875-6, page 689, concerning the powers of vmderwriters, as amended by the statute of 1897, page 223, is codified in the sections above named, a new chapter being added, entitled "Corporations to Discover Fire, and to Save Property and Human Life From Destruc- tion Thereby," to consist of sections 453a, 453b, and 453c. Code Commissioner's Note. § 453?). Right of way of corporation and its oflRcers when running to fires. Such corporation, with its officers and corps, when running to a fire with its horses, vehicles, and salvage apparatus, has the same right of way as is or may be bestowed by any ordinance of the municipality or law of this state upon the regular fire department of the municipality wherein such corporation is acting; but the rights of such fire department must always be paramount to the rights of such corporation. All ordinances now ex- isting or which may hereafter be passed by the municipal authorities of any city and county, or of any incorporated city or town wherein such a corporation may carry on busi- ness, and all laws of this state applicable to such city and county, or city or town, for the conviction or punishment of any person or persons willfully or carelessly obstructing § 4530 SUPPLEMENT. 48 the progress of the apparatus of the fire clepartment of such city and county, or city or town, while going to a fire, or of any person or persons willfully or carelessly in- juring any animal or property of said fire department, are equally applicable to any person or persons willfully or carelessly obstructing the progress of the apparatus of such corporation while going to a fire, and to any person or persons who willfully or carelessly injures any animal or property of such corporation; and said laws and or- dinances, and their penalties, may be enforced in the same courts and in the same manner, and with equal force and effect, as in the case of the fire department. En. Stats. 1905, 572. See note to § 453a, ante. § 453c. Yearly meeting of corporation, notice to be given thereof, and proceedings which may be authorized thereat. In the month of July, in every year, there must be held a meeting of all corporations created for the purposes specified in this chapter; of which ten days' previous notice must be inserted in at least one daily newspaper published in the municipality where said corporation is organized or es- tablished, at which meeting each insurance company, cor- poration, association, underwriter, agent, person, or persons doing a fire insurance business in said municipality, whether members of said corporation or not, shall have a right to be represented, and shall be entitled to one vote. A ma- jority of the whole number so represented has power to de- cide upon the question of sustaining the fire patrol or- ganized by corporations heretofore created, or that may be hereafter created, and fixing the maximum amount of ex- penses which may be incurred therefor during the fiscal year next to ensue, which amount must in no case exceed two per centum of the aggregate premiums returned as re- ceived, as provided in this section, and the whole of such amount, or so much thereof as may be necessary, may be assessed upon all insurance companies, corporatiims, asso- ciations, underwriters, agents, person, or persons who as- sume risks and accept premiums for fire insurance in said municipality, as hereinbefore mentioned, in proportion to the several amounts of premiums returned, as received by each, as hereinafter provided, and such assessment is col- lectilole by and in the name of said corporation, in any court of law in the State of California having jurisdiction, in 4,9 CIVIL CODE. § 453^-653a SUPPLEMENT. 86 must be permitted to withdraw whose stock is pledged to the association as security for a loan until such loan is fully paid. Such withdrawals must be paid in succession in the order that the notices of intention are given. En. Stats. 1905, 753. 638a. This section is a codification of section 19 of the statute of 1893, page 229. — Code Commissioner's Note. § 6481^.. En. Stats. 1891, 257. Kep. 1905, 753. 648%. This section is no longer necessary; the statute referred to therein to wit: that of 1877-8, page 955, having been repealed. (Stats. 1897, p. 243.)— Code Commissioner's Note. DIVISION FIRST. PART IV. TITLE XIX. Title added March 21, 1905. Stats. 1905, 594. CO-OPEiRATIVE BUSINESS CORPORATIONS. § 653ff. Purposes for which may be formed. § 653a. Purposes for which may be formed. Co-opera- tive business corporations may be formed for doing any lawful business, and dividing a portion of their profits among persons other than their stockholders. Each of such corporations may, in its by-laws, in addition to the mat- ters specified in section three hundred and three, provide the amount of profits which must be divided among persons other than its stockholders, and the manner in which and the persons among whom such division may be made. En. Stats. 1905, 594, 653a. This section is a codification of that part of the statute of 1877-8, page 883, defining co-operative corporations, and the section is placed in a new title designated ''Co-operative Business Corporations." That part of the statute declar- 87 CIVIL CODE. § 653b ing that the by-laws may provide for the niimber of votes to which each shareholder shall be entitled is omitted for the reason that it is special legislation, and probably un- constitutional within the decision in Krause v. Durbrow, 127 Cal. 681.— Code Commissioner's Kote. DIVISION FIEST. PART IV. TITLE XX. Title added March 21, 1905. Stats. 1905, 595. CO-OPERATIVE BUSINESS ASSOCIATIONS. § 653?). Formation and purposes of. § 653c. Eights, interests, and liabilities of members. § 653(Z. The articles of association. § 653c. The by-laws. § Q53f. Execution against the association or its members. § 653;/. Purpose of the association, how may be altered, § 653/1. Powers of the association. § 653i. Consolidation of associations. § 653y. Dissolution and winding up of association. § 653A;. Quo warranto to inquire into the right of an as- sociation to do business. § 65ZI. What corporations or associations are not affected by this title. § 653&. Formation and purposes of. Five or more per- sons may form a co-operative association for the transaction of any lawful business, whether for profit or not, or for the promotion of any educational, industrial, benevolent, social, or political purpose. Such association must not have any capital stock, but must issue membership certificates to each member. Such certificate cannot be assigned, so that the assignee can, by its transfer, become a member of the asso- ciation, but, by a resolution of its board of directors, such certificate may be transferred, and the transferee made a §§ 653c, 653d SUPPLEMENT. 88 member in lieu of the last former holder. En. Stats. 1905, 595. C53b, 653c, 653d, 653e, 653f, 653g, 653h, 653i, 653j, 653k, 6531. The statute of 1895, page 221, is codified in the above sec- tions which are placed in a title designated "Co-operative Business Associations." — Code Commissioner's Note. § C53r. Rights, interests, and liabilities of members. In such association the rights and interests of all nieniliers are equal, and no member can have or acquire a greater interest therein than any other member has. At every election held pursuant to the by-laws each member must be entitled to cast one vote and no more. All persons above the age of eighteen years, regardless of sex, are eligible to member- ship, if otherwise qualified and elected as the by-laws may provide. The by-laws must provide for the amount of the indebtedness which such association may incur. And no member shall be responsible individually, or personally liable, for any of the debts or liabilities of the association in excess of his proportion of such indebtedness; but in case of the failure and insolvency of such association, may be required to pay any unpaid dues or installments which have, before such insolvency, become due from such member to the asso- ciation, pursuant to its by-laws. En. Stats. 1905, 595. See note to § 653&, ante. § 653fZ. The articles of association. Every association formed iinder this title must prepare articles of association, in writing, stating: The name of the association, the purpose for which it is formed, the place where its principal busi- ness is to be transacted, the term for which it is to exist, not to exceed fifty years, the number of the directors thereof, and the names and residences of those selected for the first year, the amount which each member is to pay upon admis- sion as membership fee, and that each member signing the articles has actually paid in such sum, and that the interest and right of each member therein is to be equal. Such arti- cles of association must be subscribed by the original asso- ciates or members, and acknowledged by each before some person competent to take an acknowledgment of a deed in this state. Such articles so subscribed and acknowledged must be filed in the office of the clerk of the county wherein the principal business of the association is to be transacted, and a copy thereof certified by such clerk, with the secretary 80 CIVIL CODE. § 653e of state, who must thereupon issue his certifioate in the form, and havingf the effect prescribed in section two hun- dred and ninety-six. En. Stats. 1905, 595. ■See note to § 6531), ante. § 653r. The by-laws. Every association formed under this title must, within forty days after it so becomes an associa- tion, adopt a code of by-laws for the government and man- agement of the association, not inconsistent with this title. A ma.jorit_y of all the associates is necessary to the adoption of such by-laws, and the same must be written in a book, and subscribed by the members adopting the same, and the same cannot be amended or modified except by the vote of a majority of all the members, after notice of the proposed amendment, given as the by-laws may provide. Such asso- ciation may, by its by-laws, provide for the time, place, and manner of calling and conducting its meetings; the number of directors, the time of their election, their term of office, the mode and manner of their removal, the mode and man- ner of filling vacancies in the board caused by death, res- ignation, removal, or otherwise, and the power and authority of such directors, and how many thereof are necessary to the exercise of the powers of such directors, which must be- at least a majority; the compensation of any of the directors, or of any officer; the number of the officers, if any, other than the directors, and their term of office; the mode of re- moval, and the method of filling a vacancy; the mode and manner of conducting business; the mode and manner of conducting elections, and may provide for voting by ballots forwarded by mail or otherwise, providrd, the method secures the secrecy of the ballot; the mode and manner of succession of membership, and the qualifications for membership, and on what conditions, and when membership must cease, and the mode and manner of expulsion of a member, subject to the right of an expelled member to have the board of direct- ors appraise his interest in the association in either money, property, or labor, as the directors may deem best, and to have the money, property, or labor so awarded him paid, or delivered, or performed within forty days after expulsion; the amount of membership fee, and the dues, installments, or labor which each member must be required to pay or per- form, if any, and the manner of collection or enforcement, and for fjirfeiting or selling of membership interest for non- payment or nonperformance; the method, time, and manner §§ G53f, G53g SUPPLEMENT. 90 of permitting the withdrawal of a member, if at all, and how his interest must be ascertained, either in money or property, and within what time the same must be paid or delivered to such member; the mode and manner of ascertaining the in- terest of a member at his death, if his legal representatives or none of them desire to succeed to the membership, and whether the same must be paid to his legal representatives in money, or property, or labor, and within what time the same must be paid, or delivered, or performed; such other things as may be proper to carry out the purpose for which the association was formed. The by-laws must provide for the time and manner in which profits must be divided among the members, and what proportion of the profits, if any, must be added to the common property or funds of the asso- ciation. But the by-laws may provide that the directors may suspend or pass the payment of any such profit, or in- stallment of earnings, at their discretion. The by-laws and all amendments must be recorded in a book and kept in the office of the association, and a copy, certified by the direct- ors, must be filed in the office of the county clerk where the principal business is transacted. En. Stats. 1905, 596. See note to § 653&, ante. § 653f. Execution against the association or its members. The property of such association is subject to attachment and execution for its lawful debts. The interest of a mem- ber in such association, if sold upon execution, or any judicial or governmental order whatever, cannot authorize the pur- chaser to have any right, except to succeed, as a member in the association, with the consent of the directors, to the rights of the member whose interest is thus sold. If the directors choose to pay or settle the matter after such sale, they may either cancel the membership, and add the interest thus sold to the assets or common property of the associa- tion, or reissue the share or right to a new member upon proper payment therefor, as the directors may determine. En. Stats.' 1905, 597. See note to § 653&, ante. § 653fir. Purpose of the association, how may be altered. The purpose of the business may be altered, changed, modi- fied, enlarged, or diminished by a vote of two thirds of all the members, at a special election to be called for such pur- 91 CIVIL CODE. §§ 653h, 653i pose, of which notice must be given the same as the by-laws provide for the election of directors. En. Stats. 1905, 597. See note to § 6536, ante. § 6537(. Powers of the association. Every association formed under this title has power of succession by its asso- ciate name for fifty years; in such name to sue and be sued in any court; to make and use a common seal, and alter the same at pleasure; to receive by gift, devise, or purchase, hold, and convey real and personal property, as the purposes of the association may require; to appoint such subordinate agents or officers as the business may require; to admit asso- ciates or members, and to sell or forfeit their interest in the association for default of installments, or dues, or work, or labor required, as provided by the by-laws; to enter into any and all lawful contracts or obligations essential to the trans- action of its affairs, for the purpose for which it was formed, and to borrow money, and issue all such notes, bills, or evi- dences of indebtedness or mortgage as its by-laws may pro- vide for; to trade, barter, buy, sell, exchange, and to do all other things proper to be done for the purpose of carrying into effect the objects for which the association is formed. En. Stats. 1905, 597. See note to § 6536, ante. § 653i. Consolidation of associations. Two or more asso- ciations formed and existing under this title, or under any pre-existing law authorizing their formation for the same purposes, may be consolidated, upon such terms, and for such purposes, and by such name, as may be agreed upon, in writ- ing, signed by two-thirds of the members of each such asso-* elation. Such agreement must also state all the matters necessary to articles of association, and must be acknowl- edged by the signers before an officer competent to take an acknowledgment of deeds in this state, and be filed in the office of the county clerk of the county wherein the principal business of the association is to be transacted, and a certified copy thereof in the office of the secretary of state, and pay the same fees for filing and recording as required by this code for the filing and recording of the certified copy of the original articles of association; and from and after the filing of such certified copy, the former associations comprising the component parts cease to exist, and the consolidated as- sociation succeeds to all the rights, duties, and powers of the §§ 653j, 653k SUPPLEMENT, 92 component associations, and is possessed of all the rights duties, and powers prescribed in the agreement of consoli- dated association not inconsistent with this title, and is sub- ject to all the liabilities and obligations of the former com- ponent associations, and succeeds to all the property and interests thereof, and may make bj'-laws and do all things permitted by this title. En. Stats."^ 1905, 598. See note to § 6536, ante. § 653/. Dissolution and winding up of association. Any association formed or consolidated under this title may be dissolved and its affairs wound up voluntarily by the written request of two thirds of the members. Such request must be addressed to the directors, and must specify reasons why the winding up of the affairs of the association is deemed advisable, and must name three persons who are members to act in liquidation and in winding up the affairs of the asso- ciation, a majority of whom must thereupon have full power to do all things necessary to liquidation; and upon the filing of such request with the directors, and a copy thereof in the office of the county clerk of the county where the prin- cipal business is transacted, all power of the directors ceases and the persons appointed must proceed to wind up the asso- ciation, and realize upon its assets, and pay its debts, and divide the residue of its money among the members, share and share alike, within a time to be named in said written request, or such further time as may be granted them by two thirds of the members, in writing, filed in the office of said county clerk; and upon the completion of such liquida- tion the said association must be deemed dissolved. No re- ceiver of any such association, or of any property thereof, or of any right therein, can be appointed by any court, upon the application of any member, save after judgment of dis- solution for usurping franchises at the suit of the State of California by its attorney-general. En. Stats. 1905, 598. See note to § 653&, ante. § 653A-. Quo warranto to inquire into the right of an as- sociation to do business. The right of an}' association claim- ing to be organized under this title to do business may be in- quired into by quo warranto, at the suit of the attorney-gen- eral of this state, but not otherwise. En. Stats. 1905, 599. See note to § 653&, ante. 93 CIVIL CODE. §§ 6531-733 § 6531. What corporations or associations are not affected by this title. This title is not applicable to railroads, tele- graph, telephone, banking, insnrance, building and loan, or any other corporation, unless the special provisions of this code, applicable thereto, are complied with. En. Stats. 1905, 599. See note to § 6531), ante. § 657. Supp. Cal. Eep. Cit. 142, 539. § 658. Supp. Cal. Eep. Cit. 140, 187; 142, 539, 144, 454. § 659. Supp. Cal. Eep. Cit. 140, 187; 142, 539. § 660. Supp. Cal. Eep. Cit. 139, 167; 140, 187; 142, 539. § 661. Supp. Cal. Eep. Cit. 142, 539. § 662. Supp. Cal. Eep. Cit. 140, 187; 142, 539. § 663. Supp. Cal. Eep. Cit. 142, 539. § 670. Supp. Cal. Eep. Cit. Subd. 1—145, 605. § 672. Supp. Cal. Eep. Cit. 143, 140; 143, 197; 143, 198. § 683. Supp. Cal. Eep. Cit. 141, 435. § 685. Supp. Cal. Eep. Cit. 141, 435. § 686. Supp. Cal. Eep. Cit. 141, 435. § 700. Supp. Cal. Eep. Cit. 141, 370. § 711. Supp. Cal. Eep. Cit. 141, 667. § 715. Supp. Cal. Eep. Cit. 144, 125; 144, 127. § 717. Supp. Cal. Eep. Cit. 141, 330. § 718. Supp. Cal. Eep. Cit. 141, 667. I 723. Supp. Cal. Eep. Cit. 144, 127. § 733. Supp. Cal. Eep. Cit. 139, 689. §§ 761-842 SUrPLEMENT. 94- § 761. Supp. Cal. Eep. Cit. 142, 533. § 765. Supp. Cal. Ilep. Cit. 142, 53S; 142, 539. § 789. Supp. Cal. Eep. Cit. 140, 167. § 790. Supp. Cal. Kep. Cit. 140, 167. § 793. Possession of real property, action for, without no- tice. An action for the possession of real property leased or granted, with a right of re-entry, may be maintained at any time, after the right to re-enter has accrued, without the notice prescribed in section seven hundred and ninety- one. En. March 21, 1872. Am'd. 1905, 599. 793. The words "in the district court," where they occur in the present section, are omitted. — Code Commissioner's Note. § 822. Assignee of lessee, remedies of lessor against. Whatever remedies the lessor of any real property has against his immediate lessee for the breach of any agreement in the lease, or for recovery of the possession, he has against the assignees of the lessee, for any cause of action accruing while they are such assignees, except where the assignment is made by way of security for a loan, and is not accom- panied by possession of the premises. En. March 21, 1872. Am'd. 1873-4, 219; 1905, 599. 822. A clerical error is corrected by in.serting "has" after "prop- erty." — Code Commissioner's Note. Supp. Cal. Eep. Cit. 144, 160. § 842. Obligations of owners of ditch, flume, etc.; liabil- ity of one to the other. When two or more persons are as- sociated by agreement in the use of a ditch, flume, pipe- line or other conduit for the conveyance of water, or who are using such ditch, flume, pipe-line or other conduit, or any part thereof, for the irrigation of land or for any other lawful purpose, to the construction of which they or their grantors have contributed, he is liable to the others for the reasonable expenses of maintaining and repairing the same, and of distributing such water in proportion to the share to which he is entitled in the use of the water. En^ Stats. 1905, 600. 95 CIVIL CODE. §§ 843-970 «42, 843. The statute of 1889, page 202, relating to the protection of owners of ditches and flumes, is codified in the above sections. Section 3 of the statute is not codified for the reason that any matter in it which should be retained is fully covered by the general rules of law. — Code Commis- sioner's Note. § 843. Neglect to pay proportion of expense, liable there- for in an action. If any one of them neglects, after de- mand in writing, to pay his proportion of such expenses, he is liable therefor in an action for contribution, and in any judgment obtained against him interest from the time of such demand must be included. The action authorized by this section must be brought by any or all of the parties who have contributed more than his or their just proportion of such expenses, and may be joint or several, and therein plaintiff may recover as costs, reasonable counsel fees, to be fixed by "the court. En. Stats. 1905, 600. See note to § 842, ante. § 847. Supp. Cal. Eep. Cit. 140, 51. § 853. Supp. Cal. Eep. Cit. 142, 69; 144, 334; 144, 53S. § 857. Supp. Cal. Eep. Cit. 140, 52. § 859. Supp. Cal. Eep. Cit. 139, 641. I 863. Supp. Cal. Eep. Cit. 143, 271. I 866. Supp. Cal. Eep. Cit. 142, 16. § 867. Supp. Cal. Eep. Cit. 142, 17. § 870. Supp. Cal. Eep. Cit. 139, 594; 145, 164. % 871. Supp. Cal. Eep. Cit. 145, 163. § 953. Supp. Cal. Eep. Cit. 143, 5o-4; 144, 633. § 954. Supp. Cal. Eep. Cit. 144, 260; 144, 633. § 970. Rules of navigation. In the case of ships meet- ing, the following rules must be observed, in addition to those prescribed by that part of the Political Code which relates to navigation: § 970 SUPPLEMENT. 95 1. Rules as to ships meeting each other. Whonovor any ship, whether a steamer or sailing sliip, procoedinfr in one direction, meets another ship, whether a steamer or sailing ship, proceeding in another direction, so that if botli ships were to continue their respective courses they would pass so near as to involve the risk of a collision, the holms of both ships must be put to port so as to pass on the port side of each other; and this rule applies to all steamers and all sailing ships, whether on the port or starboard tack, and whether close-hauled or not, except where the circumstances- of the case are such as to render a departure from the rule necessary in order to avoid immediate danger, and sub- ject also to a due regard to the dangers of navigation, and,, as regards sailing ships on the starboard tack close-hauled, to the keeping such ships under command; 2. Rules as to sailing vessels. In the case of sailing ves- sels, those having the wind fair must give way to those on a wind. When both are going by the wind, the vessel on the starboard tack must keep her wind and the one on the larboard tack bear up strongly, passing each other on the larboard hand. When both vessels have the wind lai'go or abeam, and meet, they must pass each other in the same way on the larboard hand, to effect which two last-mentioned objects the helm must be put to port. Steam vessels must be regarded as vessels navigating with a fair wind, and should give way to sailing vessels on a wind of either tack; 3. Rules for steamers in narrow channels. A steamer navigating a narrow channel must, whenever it is safe and practicable keep to that side of the fairway or midchannel which lies on the starboard side of the steamer; 4. Same. A steamer when passing another steamer in such channel, must always leave the other upon the larboard side; 5. Rules for steam vessels on different courses. When steamers must inevitably or necessarily cross so near that by continuing their respective courses^ there would be a risk of collision, each vessel must put her helm to port, so as always to pass on the larboard side of each other; 6. Meeting of steamers. The rules of this section do not apply to any case for which a different rule is provided by the regulations for the government of pilots of steamers ap- proaching each other within the sound of the steam-whistle, or by the regulations concerning lights upon steamers, pre- scribed by or under authority of the laws of the United States. En. March 21, 1872. Am'd. 190o, 600. 97 CIVIL CODE. §§ 992-1096 970. The amendrnent consists in the substitution of the words "b.v or under authority of the laws of the United States" after "steamers,'' in place of the words "under authority of the acts of congress, aijproved August thirteenth, eighteen hun- dred and fifty-two and April twenty-ninth, eighteen hun- dred and sixty-four." — Code Commissioner's Note. § 992. Snpp. Cal. Eep. Cit. 145, 388, § 993. Good will and name, transfer of. The good will of a business is property, transferable like any other, and the person transferring it may transfer with it the right of using the name under whieh the business is conducted. En. March 21, 1872. Am'd. 1905, 602. 993. The change consists in the addition of the words "and the person transferring it may transfer with it the right of using the name under which the business is conducted." The purpose of the amendment is to authorize the transfer of the right of using the name with the transfer of the good-will of the business. — Code Commissioner's Note. § 1007. Supp. Cal. Eep. Cit. 139, 525; 140, 3S8; 141, 501; 144, 27; 144, 344; 144, 594. § 1039. Supp. Cal. Eep. Cit. 145, 434. § 1040. Supp. Cal. Eep. Cit. 143, 533; 145, 434. § 1044. Supp. Cal. Eep. Cit. 145, 434. § 1045. Supp. Cal. Eep. Cit. 141, 370. § 1052. Supp. Cal. Eep. Cit. 144, 691. § 1053. Supp. Cal. Eep. Cit. 143, 536; 143, 649. § 1054. Supp. Cal. Eep. Cit. 143, 536. § 1069. Supp. Cal. Eep. Cit. 144, 37. § 1083, Supp. Cal. Eep. Cit. 143, 536; li5, 424. § 1084. Supp. Cal. Eep. Cit. 145, 424, § 1096. Conveyance of real estate ■when name of person has been changed. Any person in whom the title of real Civil Code— 9 §§ 1106-1163 SUPPLEMENT. 98 estate is vestocl, wlio shall afterwards, from any cause, have his or her name changed, must, in any conveyance of said real estate so held, set forth the name in which he or she derived title to said real estate. En. Stats. 1905, 602. 1096. Section 1 of the statute of 1873-4, page 345, relating to cnn- vcynnces of real estate, is codified in the above section. The rest of tlie statute should be added to section 423C of the Political Code. — Code Commissioner's Note. § 1106. Supp. Cal. Eep. Cit. 141, 371. § 1113. Supp. Cal. Eep. Cit. 138, 624. § 1140. Supp. Cal. Eep. Cit. 145, 523. § 1146. Supp. Cal. Eep. Cit. 143, 536; 144, 294; 144, 296. § 1147. Supp. Cal. Eep. Cit. 143, 534; 144, 296. § 1161. Acknowledgment of instrument tc lie recorded, by a person; by a corporation. Before an instrument can be recorded, unless it belongs to the class provided for in either section eleven hundred and fifty-nine, eleven hundred and sixty, twelve hundred and two, or twelve hundred and three, its execution must be acknowledged by the person exe- cuting it, or if executed by a corporation, by its president or secretary, or other person executing the same on behalf of the corporation, or proved by a subscribing witness, or as provided in sections eleven hundred and ninety-eight and eleven hundred and ninety-nine, and the acknowledgment or proof certified in the manner prescribed by article three of this chapter. En. March 21, 1872. Am'd. 1873-4, 226; 1905, 602. 1161. The change consists in the substitution of the words "the person executing the same in behalf of the corporation" in place of "its president or secretary." The reason for the amendment is that an instrument may be executed on behalf of a corporation by an officer or person other than its presi- dent or secretary, when authorized by its board of directors. The section as it now stands appears to sanction its exe- cution by those officers only. — Code Commissioner's Note. § 1163. Certificate of residence filed with recorder, show- ing where service of summons may be made; fee; index. Any person, firm, or corporation, may record in the ofiice of the county recorder of any county in the State of Call- 99 CIVIL CODE. §§ 1181-1185 fornia a certificate setting forth the name of said person, firm, or corporation, and the place of residence of said per- son, firm, or corporation, and the place where service of summons may be made upon said person, firm, or corpora- tion. The said certificate must be verified by the oath of the person, or of a member of the firm, or officer of the corporation making the same, and may be recorded without acknowledgment. Such person, firm or corporation may upon a change of place of residence file affidavit as herein pro- vided and such last affidavit filed shall be the place desig- nated as the place where service of summoas may be made as herein provided. The fee of the recorder for recording said certificate shall be fifty cents; and the recorder shall keej) in his office an index entitled "Index to Certificates of Eesidence, " in which must be entered the name of the person, firm, or corporation in whose behalf said certificate was filed. En. March 21, 1872, Eep. 1873-4, 226. En. Stats. 1905, 139. § 1181. Proof or acknowledgment in this state, before whom taken. The proof or acknowledgment of an instru- ment may be made in this state, within the city, county, city and county, or township for which the officer was elected or appointed, before either: 1. A clerk of a court of record; 2. A county recorder; 3. A court commissioner; 4. A notary public; 5. A justice of the peace. En. March 21, 1872. Am'd. 1880, 2; 1891, 214; 1905, 603. 1181. The change consists in the substitution of the word "town- ship" for "district" before "for."— Code Commissioner's Note. § 1185. Requisites for acknowledgments. The acknowl- edgment of an instrument must not be taken, unless the of- ficer taking it knows or has satisfactory evidence, on the oath or affirmation of a credible witness, that the person making such acknowledgment is the individual who is de- scribed in and who executed the instrument; or, if executed by a corporation, that the person making such acknowledg- ment is the president or secretary of such corporation, or other person who executed it on its behalf. En. March 21 1872. Am'd. 1905, 603. ' §§ 1190 1203 SUPPLEMENT. 100 1185. The change consists in the substitutir/n of the words "per- son who executed it on behalf of the corporation," in place of ''president or secretary of sucli corporation.'' (See note to section 1161.) — Code Commissioner's Note. § 1190. Form of acknowledgment by corporation. The certificate of acknowledgment of an instrument exeeutetl by a corporation must be substantially in the following form: ' ' State of , County of "On this day of , in the year , before me (here insert the name and quality of the officer), person- ally appeared , known to me (or proved to me on the oath of ) to be the president (or the secretary) of the corporation that executed the within instrument (where, however, the instrument is executed in behalf of the corpora- tion by some one other than the president or secretary, in- sert: known to me (or proved to me on the oath of ) to be the person who executed the within instrument on be- half of the corporation therein named) and acknowledged to me that svtch corporation executed the same. En. March 21, 1872. Am'd. 1905, 603. 1190. The change consists in the substitution of the words "the person (or officer) who executed the within instrument on behalf of the corporation therein named," iu place of the words "the president (or the secretary) of the corpora- tion that executed the within instrument." (See note to section 1161.)— Code Commissioner's Note. § 1202. Instrument improperly certified, ho'w corrected. "When the acknowledgment or proof of the execution of au instrument is properly made, but defectively certified, any party interested may have an action in the superior court to obtain a judgment correcting the certificate. En. March 21, 1872. Am'd. 1905, 604. 1202. The change consists in the substitution of the word "supe- rior" for "district," before "court." — Code Commission- er's Note. § 1203. Judgment proving ackno'wledgment. Any person interested under an instrument entitled to be proved for rec- ord, may institute an action in the superior court against the proper parties to obtain a judgment proving such instru- ment. En. March 21, 1872. Am'd, 1905, 604. 101 CIVIL CODE. §§ 1213-1252 1203. The change consists in the substitution of the word "supe- rior'' in the place of "district," before "court."— Code Commissioner's Note. § 1213. Supp, Cal. Eep. Cit. 144, 35. § 1214. Siipp. Cal. Eep. Cit. 144, 31; 144, 35; 145, 413. § 1215. Snpp. Cal. Rep. Cit. 144, 35. § 1217. Supp. Cal. Eep. Cit. 144, 31; 145, 413. § 1218. Recording of certified copies of instruments in writing. A eortified copy of an instrument affecting the title to real property once recorded may be recorded in any other county, and, when so recorded, the record thereof has the same force and effect as though it was of the original instru- ment. En. Stats. 1905, 604. 1218. This is a new section. It is self-explanatory. — Code Commis- sioner's Note. § 1237. Supp. Cal. Eep. Cit. 141, 649. § 1238. Supp. Cal. Eep. Cit. 144, 617. § 1239. Supp. Cal. Eep. Cit. 141, 462. § 1240. Supp. Cal. Eep. Cit. 140, 621. § 1245. Supp. Cal. Eep. Cit. 144, 663. § 1246. Supp. Cal. Eep. Cit. 144, 663. § 1247. Supp. Cal. Eep. Cit. 144, 663. § 1248. Supp. Cal. Eep. Cit. 144, 663; 145, 533. § 1249. Supp. Cal. Eep. Cit. 144, 663; 145, 533. § 1250. Supp. Cal. Eep. Cit. 144, 663. § 1251. Supp. Cal. Eep. Cit. 144, 663. § 1252. Supp. Cal. Eep. Cit. 144, 663. §§ 12531265 SUPPLEMENT. 102 § 1253. Supp. Cal. Ecp. Cit. 144, G63. § 1254. Supp. Cal. Ecp. Cit. 144, 663. § 1255. Supp. Cal. Ecp. Cit. 144, 663. § 1256. Supp. Cal. Ecp. Cit. 144, 663. § 1257. Supp. Cal. Ecp. Cit. 144, 663. § 1258. Siipp. Cal. Ecp. Cit. 144, 663. § 1259. Supp. Cal. Ecp. Cit. 144, 663. § 1263. Declaration of homestead must contain what. The declaration of homestead must contain: 1. A statement, showing that the person making it is the head of a family, and, if the claimant is married, the name of the spouse; or, when the declaration is made by the wife, showing that her husband has not made such declaration, and that she therefore makes the declaration for their joint benefit; 2. A statement that the person making it is residing on the premises, and claims them as a homestead; 3. A description of the premises; 4. An estimate of their actual cash value. En. March 21, 1872. Am'd. 1S73-4, 231; 1905, 604. 1263. The change consists in the insertion of the words "and if the claimant is married the name of the spouse,'' after "family." — Code Commissioner's Note. Supp. Cal, Eep. Cit. Subd. 2—141, 500. Subd. 3—141, 500. § 1265. Supp. Cal. Eep. Cit. 139, 72; 139, 151; 144, 147. lOa CIVIL CODE. S 1269a DIVISIOIT SECOND. PART IV. TITLE V. CHAPTER IV. Chapter added March 22, 1905. Stats. 1905, 725. ALIEXATION OF HOMESTEADS OF INSANE PERSONS. § 1269a. Petition for sale or mortgage of homestead where husband or wife is insane. § 12696. Notice of application for order. § 1269e. When an order may be made to sell or mortgage the homestead of an insane person. § 1269(7. Petition for sale or mortgage of homestead where husband or wife is insane. In case of a homestead, if either the husband or wife becomes hopelessly insane, the husband or wife not insane may petition the superior court of the county in which such homestead is situated for an order permitting the husband or wife, not insane, to sell and convey, or mortgage, such homestead to raise moneys to sat- isfy a lien or charge thereon, or to provide for the support and care either of the sane or insane spouse, or of their minor children. Such petition must be subscribed and sworn to by the applicant, setting forth the name and age of the insane husband or wife; the number, age, and sex of the children, if anj'', of such insane husband or wife; a descrip- tion of the premises constituting the homestead; the value of the same; the county in which it is situated; and such facts, in addition to that of the insanity of the husband or wife, relating to the circumstances and necessities of the applicant and his or her family, as he or she may rely upon in support of the petition. En. Stats. 1905, 725. 5§ 1269b, 1269c SUPPLEMENT. 104 1269a, 1269b, 1209c. The statute of 1873-4, page 582, relating to homesteads belonging to insane persons, is codified in the above sections, which are placed in a new chapter, entitled "Alienation of Homesteads of Insane Persons." — Code Com- missioner's Note. § 1269&. Notice of application for order. Notice of the application for such order must be given by publication of the same, in a newspaper published in the county in which such homestead is situated, if there is a newspaper published therein, once each week for three successive weeks, prior to the hearing of such application, and a copy of such no- tice must also be personally served upon the nearest male relative of such insane husband or wife, resident in this state, at least three weeks prior to such application; and in case there is no such male relative known to the appli- cant, a copy of such notice must be so served upon the public administrator of the county in which such homestead is situated; and in such case it is the duty of such public administrator to appear and represent the interests of such insane person. For all such services rendered by the public administrator he must be allowed a reasonable fee, to be fixed by the court, and the same must be taxed as costs against the person making application for the order herein provided for. En. Stats. 1905, 726. See note to § 1269«, ante. § '-269c. When an order may be made to sell or mort- gage the homestead of an insane person. If it appears to the court that such husband or wife is hopelessly insane, the court may make an order permitting the husband or wife, not insane, to sell and convey, or mortgage, such home- stead, and thereafter any sale, conveyance, or mortgage made in pursuance of such order is as valid and effectual as if the property affected thereby was the absolute property of the person making such sale, conveyance, or mortgage. If a sale is ordered it must be reported to and confirmed by the court. Such husband or wife must, before executing any mortgage or conveyance, give a bond, to be approved by the judge of the court, in double the amount of the mortgage, or double the value of the property to be sold, conditioned to account for the proceeds of the mortgage or sale and to apply such proceeds only as the court may direct. En. Stats. 1905, 726. See note to § 1269(7, ante. 105 CIVIL CODE. §§ 1270-127'? § 1270. Supp. Cal. Eep. Cit. 140, 2S9. § 1275. Who may take property by testamentary disposi- tion. A testamentary disposition may be mad^ to any per- son capable by law ol: taking the property so disposed of, except that corporations other than counties, municipal cor- porations, and corporations formed for scientific, literary, or solely educational or hospital purposes, cannot take under a ■will, unless expressly authorized by statute; subject, however, to the provisions of section thirteen hundred and thirteen. En. March 21, 1872. Am'd. 1873-4, 275; 1903, 258; 1905, 605. 1275. The change consists in the insertion of the word "that" before ''corporation,'' and in the insertion of the words "counties, municipal corporations and corporations" after "that." The amendment in substance incorporates into the section the provisions of the act of 1881, page 2, au- thorizing the several counties, cities and counties, cities and towns, of tlie state, to receive property by gift, be- quest and devise. — Code Commissioner's Kote. § 1276. Written 'will; ho'w to be executed. Every will, other than a nuncupative will, must be in writing; and every will, other than an olographic will, and a nuncupative will, must be executed and attested as follows: 1. It must be subscribed at the end thereof by the testator himself, or some person in his presence and by his direction must subscribe his name thereto; 2. The subscription must be made in the presence of the attesting witnesses, or be acknowledged by the testator to them to have been made by him or by his authority; 3. The testator must, at the time of subscribing or ac- knowledging the same, declare to the attesting witnesses that the instrument is his will; and, 4. There must be two attesting witnesses, each of whom must sign the same as a witness, at the end of the will, at the testator's request and in his presence. En. March 21, 1872. Am'd. 1905, 605. 1276. The change consists in the substitution of the words "the same" in place of "his name" after "sign." The pur- pose of the amendment is to avoid the strict construction given to subdivision 4 in Estate of Walker, 110 Cal. 387. — Code Commissioner's Note. Supp. Cal. Rep. Cit. 142, 375; 145, 409. § 1277. Supp. Cal. Eep. Cit. 145, 83; 145, 409. §§ 1285-ir?06 SUPPLEMENT. 106 § 1285. Will made out of state not valid in this state, unless. No will made out of this state is valid as a will in this state, unless executed according^ to the provisions of this chapter, except that a will made in a state or country in which the testator is domiciled at the time of his death, and valid as a will under the laws of such state or country, is valid in this state so far as the same relates to personal property, subject, however, to the provisions of section thir- teen hundred and thirteen. En. March 21, 1872. Am'd. 1873-4, 232; 1905, 606. 1285. The change consists in the insertion of all the matter after the word "chapter," the purpose being merely to state what has always been understood to be the rule in this state respecting bequests of personal property, viz. : that it may be bequeathed in accordance with the law of the testator's domicile.^Code Commissioner's Note. § 1300. Effect of a marriage of a woman on her will. A will, executed by a woman, is revoked by her subsequent marriage, and is not revived by the death of her husband. En. March 21, 1872. Am'd. 1905, 606. 1300. The change consists in the omission of the word "unmar- ried" before "women." The purpose of the amendment is to apply the same rule to wills executed by married and unmarried women with respect to the revocation by sub- sequent marriage. — Code Commissioner's Note. § 1306. Child born after making will, unprovided for, to succeed. Whenever a testator has a child born after the making of his will, either in his lifetime or after his death, and dies leaving such child unproviaed for by any settle- ment, and neither provided for nor in any way mentioned in his will, the child succeeds to the same portion of the testator's real and personal property that he would have succeeded to if the testator had died intestate. But such succession does not impair or affect the validity of any sale of property made bv authority of such will in accordance with the provisions of section fifteen hundred and sixty-one of the Code of Civil Procedure. En. March 21, 1872. Am'd. 1905, 606. 1306. The change consists in the addition of the last sentence, and is intended to change the rule of Smith v. Olmstead, 83 Cal. 582. — Code Commissioner's Note. Supp. Cal, Eep. Cit. 145, 120. 107 CIVIL CODE. §§ 13071 324 § 1307. Children, or issue of children of testator unpro- vided for by will, to succeed; such succession not to impair validity of sale of property. When any testator omits to provide in his will for any of his children, or for the is- sue of any deceased child, unless it appears that such omission was intentional, such child, or the issue of such child, has the same share in the estate of the testator as if he had died intestate, and succeeds thereto as provided in the preceding section. But such succession does not impair or affect the validity of any sale of property made by au- thority of such will in accordance with the provisions of section fifteen hundred and sixty-one of the Code of Civil Procedure. En. March 21, 1872. Am'd. 1905, 606. 1307. The change consists in the addition of the last sentence. (See note to preceding section.)— Code Commissioner's Note. Supp. Cal. Eep, Cit. 140, 289; 140, 291; 140, 292; 140, 470- § 1308. Supp. Cal. Eep. Cit. 140, 292; 145, 121; 145, 122. § 1310. On death of legatee, before testator, lineal de- scendants take estate. "When any estate is devised or be- queathed to any child, or other relation of the testator, and the devisee or legatee dies before the testator, leaving lineal descendants, such descendants take the estate so given by the will, in the same manner as the devisee or legatee would have done had he survived the testator. En. March 21^ 1872. Am'd. 1905, 150. 1310. The provisions of this section are new, and are limited to cases where a conviction for murder in the first degree has been had. — Code Commissioner's Note. The code commissioner probably intended this note to be to § 1409 See post, § 1409. Supp. Cal. Eep. Cit. 139, 89; 140, 289; 140, 290; 140, 291. § 1317. Supp. Cal. Eep. Cit. 139, 686; 142, 375. § 1318. Supp. Cal. Eep. Cit. 141, 299; 142, 373; 143, 456; 145, 123. § 1319. Supp. Cal. Eep. Cit. 139, 89. § 1322. Supp. Cal. Eep. Cit. 142, 7. § 1324. Supp. Cal. Eep. Cit. 141, 300. §§ 13251364 SUPPLEMENT. 108 § 1325. Supp. Cal. Kep. Cit. 142, 375. § 1326. Supp. Cal. Eep. Cit. 139, 686; 142, 375; 145, 86. § 1327. Effect of technical words in will. Torlinipal PTords in a will are to be taken in tlicir technical sense, unless the context clearly indicates a contrary intention, or unless it satisfactorily appears that the will was drawn solely by tlie testator, and that he was unacquainted with such technical sense. En. March 21, 1872. Am'd. 1905, 606. 1327. The change consists in the addition of the clause following the word "intention," and provides that the words in a will need not be taken in a technical sense, if it appears to have been drawn by the testator, and that he was un- acquainted with such sense. — Code Commissioner's Xote. § 1330. Supp. Cal. Eep. Cit. 145, 346. § 1332. Supp. Cal. Eep. Cit. 142, 7. § 1333. Supp. Cal. Eep. Cit. 142, 6; 142, 7. § 1338. Supp. Cal. Eep. Cit. 143, 270; 144, 127. § 1340. Supp. Cal. Eep. Cit. 142, 374; 142, 376. § 1343. Supp. Cal. Eep. Cit. lo9, 89; 140, 290. § 1350. Supp. Cal. Eep. Cit. 141, 434. § 1357. Supp. Cal. Eep. Cit. 145, 121. Subd. 3—143, 453. § 1359. Supp. Cal. Eep. Cit. 145, 509. § 1360. Supp. Cal. Eep. Cit. 142, 456. § 1364. Heir's conveyance good, unless will is proved ■within four years. The rights of a purchaser or incum- brancer of real property, in good faith and for value, de- rived from any person claiming the same by succession, are not impaired by any devise made by the decedent from whom succession is claimed, unless within four years after the dev- isor's death, the instrument containing such devise is duly 109' CIVIL CODE. :§§ 1366138G proved as a will, and recorded in the office of the clerk of the superior court having jurisdiction thereof, or written notice of such devise is filed with the clerk of the countv whore the real property is situated. En. March 21, 1872. Am'd. 1880, 8; 1905, 606. 1364. The change consists in the transposition of the words "within four years after the devisor's deatli," by striking them out at the end of the section, where they now ap- pear, and placing them after the word "unless." — Code Commissioner's Note. § 1366. Supp. Cal. Eep. Cit. 143, 454. § 1368. Supp. Cal. Eep. Cit. 143, 456. § 1369. Supp. Cal. Eep. Cit. 143, 454; 143, 456; 143, 457. § 1376. Laws governing validity and interpretation of wills. The validity and interpretation of wills, wherever made, are governed, when relating to property within this state, by the law of this state, except as provided in sec- tion twelve hundred and eighty-five. En. March 21, 1872. Am'd. 1873-4, 235; 1905, 607. 1376. The change consists in the addition of the clause following the word "state," and has been rendered necessary by the proposed amendment to section 1285.— Code Commissioner's Note. § 1377. Supp. Cal. Eep. Cit. 140, 289. § 1383. Supp. Cal. Eep. Cit. 143, 198. § 1384. Supp. Cal. Eep. Cit. 143, 198. § 1386. Succession to and distribution of property of de- ceased person. When any person having title to any estate not otherwise limited by marriage contract, dies without disposing thereof by will, it is succeeded to and must be distributed, unless otherwise expressly provided in this code and the Code of Civil Procedure, subject to the payment of his debts, in the following manner: 1. If the decedent leaves a surviving husband or wife, and only one child, or the lawful issue of one child, in equal shares to the svirviving husband, or wife and child, or is- sue of such child. If the decedent leaves a surviving hus- Civil Code— 10 § 1386 SUPPLEMENT. 110 band or wife, and more than one child living, or one child living and the lawful issue of one or more deceased chil- dren, one third to the surviving husband or wife, and the remainder in equal shares to his children and to the law- ful issue of any deceased child, by right of representation; but if there is no child of decedent living at his death, the remainder goes to all of his lineal descendants; and if all of the descendants ai'e in the same degree of kindred to the decedent, they share equally, otherwise they take ac- cording to the right of representation. If the decedent leaves no surviving husband or wife, but leaves issue, the ■whole estate goes to such issue; and if such issue consists of more than one child living, or one child living and the lawful issue of one or more deceased children, then the es- tate goes in equal shares to the children living, or to the child living and the issue of the deceased child or chil- dren by right of representation; 2. If the decedent leaves no issue, the estate goes one half to the surviving husband or wife, and the other half to the decedent's father and mother in equal shares, and if either is dead the whole of said half goes to the other. If there is no father or mother, then one-half goes in equal shares to the brother^ and sisters of decedent and to the children or grandchildren of any deceased brother or sister by right of representation. If the decedent leaves no issue, nor husband nor wife, the estate must go to his father and mother in equal shares, or if either is dead then to the other; 3. If there is neither issue, husband, wife, father, nor mother then in equal shares to the brothers and sisters of decedent and to the children or grandchildren of any de- ceased brother or sister, by right of representation; 4. If the decedent leaves a surviving husband or wife, and neither issue, father, mother, brother, sister, nor the children or grandchildren of a deceased brother or sister, the whole estate goes to the surviving husband or wife; 5. If the decedent leaves neither issue, husband, wife, father, mother, brother, nor sister, the estate must go to the nest of kin, in equal degree, excepting that, when there are two or more collateral kindred, in equal degree, but claiming through different ancestors, those who claim through the nearest ancestor must be preferred to those claiming through an ancestor more remote; Ill CIVIL CODE. § 1385 6. If the decedent leaves several children, or one child and the issue of one or more children, and any such sur- viving child dies under age, and not having been married, all the estate that came to the deceased child by inherit- ance from such decedent descends in equal shares to the other children of the same parent and to the issue of any such other children who are dead, by right of representa- tion; 7. If, at the death of such child, who dies under age, not having been married, all the other children of his parents are also dead, and any of them has left issue, the estate that came to such child by inheritance from his parent descends to the issue of all other children of the same parent; and if all the issue are in the same degree of kindred to the child, they share the estate equally, otherwise they take according to the right of representation; 8. If the decedent is a widow or widower, and leaves no issue, and the estate or any portion thereof was common property of such decedent and his or her deceased spouse, while such spouse was living, or was separate property of his or her deceased spouse, while such spouse was living, such property goes to the children of such deceased spouse and the descendants thereof, and if none, then to the father of such deceased spouse, or if he is dead, to the mother. If there is no father nor mother, then such property goes to the brothers and sisters of such deceased spouse, in equal shares, and to the lawful issue of any deceased brother or sister of such deceased spouse by right of representation; 9. If the decedent leaves no husband, wife, or kindred, and there are no heirs to take his estate or any portion thereof, under subdivision eight of this section, the same escheats to the state for the support of the common schools. En. March 21, 1872. Am'd. 1873-4, 2S6; 1880, 14; 1905, 607. 1386. A clerical error is corrected by renumbering the subdivisions; certain errors of grammar are corrected. The words "or grandchild" are inserted after "child"; the words "nor the child or grandchild of a deceased brother or sister' ' are inserted after "sister"; the words "children of such deceased spouse and the descendants thereof, and if none, then to," are inserted. In the second line of subdivision 8, the word "issue" is substituted for "kindred," and the subdivision amended in accordance with the urgent re- quest of Judge Gray of the Supreme Court Commission to overcome such cases as Estate of McCauley, 138 Cal. 546.— Code Commissioner's Note. Supp. Cal. Eep. Cit. 140, 469; 143, 198; 14.3, 202; 143, 205. Subd. 9—143, 207. Subd. 10—143, 197. §§ 13871401 SUPPLEMENT. 112 § 1387. Snpp. Cal. Ecp. Cit. 142, 159; 142. 1G8; 142, 170; 142, 171. § 1388. Property of illegitimate child is succeeded to, ■when and how. The estate of an illegitimate child, who has been legitimated by the subsequent marriage of its parents, or adopted by the father as provided by section two hun- dred and thirty, and who dies intestate, is succeeded to as if he were born in lawful wedlock. If such child has not been so legitimated or adopted, his estate goes to his lawful issue, or, if he leaves no issue, to his mother, or in case of hev decease, to her heirs at law. En. March 21, 1872. Am'd. 1905, 609. 1388. The amendment consists in declaring that if an illegitimate child has been legitimated, his estate on his death is suc- ceeded to as if he were born in wedlock. — Code Commis- sioner's Note. § 1395. Advancements constitute part of distributive share. Any estate, real or personal, given by the decedent in his lifetime as an advancement to any child, or other heir, is a part of the estate of the decedent for the purposes of division and distribution thereof among his heirs, and must be taken by such child, or other heir, toward his share of the estate of the decedent. En. March 21, 1872. Am'd. 1905, 609. 1395. The change consists in the substitution of the words "other heir'' for ''other lineal descendants," and in the substitu- tion of "heirs" for "issue." — Code Commissioner's Note. § 1399. When heir advanced to, dies before decedent. If any child, or other heir receiving advancement, dies before the decedent, leaving heirs, the advancement must be taken into consideration in the division and distribution of the estate, and the amount thereof must be allowed accordingly by the representatives of the heirs receiving the advance- ment, in like manner as if the advancement had been made directly to them. En. March 21, 1S72. Am'd. 1905, 609. 1399. The change consists in the substitution of the words "other heir'' for "other lineal descendant'' before "receiving,'' and in the substitution of "heirs" for "issue" after "leaving.'' — Code Commissioner's Note. § 1401. Supp. Cal. Eep. Cit. 143, 295. 113 CIVIL CODE. §§ 14041409 § 1404. Supp. Cal. Kep. Cit. 143, 140, § 1405. Succession not claimed, attorney-general to cause to be sold and proceeds deposited with state treasurer. When succession is not claimed as provided in the preceding' section, the superior court, on information, must direct the attorney-general to reduce the property to his possession or that of the state, or to cau-se it to be sold, and it or its pro- ceeds to be deposited in the state treasury for the benefit of the person entitled thereto, to be paid to him, if, within five years after such deposit, he appears in the court in which such information was filed and- asks for a judgment or order entitling him thereto. En. March 21, 1872. Am'd. 1905, 609. 1405. The change consists in the substitution of the words "su- perior court" for "district court" before "or," and in the substitution of the words "he appears in the court in which such information was filed and asks for a judgment or order entitling him thereto," in place of the words "proof to the satisfaction of the state comptroller and treasurer be produced that he is entitled to succession thereto." The design of the amendment is to require the proof of the right to succession to be made in court in- stead of vesting the controller and treasurer with power to determine the question. — Code Commissioner's Note. § 1406. Property, delivered to claimant, when; escheats to the state, when. When such judgment or order is ob- tained, a certified copy thereof must be filed with the state treasurer as his voucher. Thereupon the property must be delivered, or the proceeds paid, to the claimant, on filing his receipt therefor. If no one succeeds to the estate or the proceeds, as herein provided, the property of the decedent devolves and escheats to the people of the state, and must be placed by the state treasurer to the credit of the school fund. En. March 21, 1872. Am'd. 1905, 610, 1406. This section is recast to conform to the proposed amendment to the last section. — Code Commissioner's Note. § 1409. Person convicted of murder of decedent not to succeed. No person who has been convicted of the murder of the decedent shall be entitled to succeed to any portion of his estate; but the portion thereof to which he would other- wise be entitled to succeed descends to the other persons entitled thereto under the provisions of this title. En. Stats. 1905, 610. §§ 14121522 SUPPLEMENT. 114 1409. This is a new section corresponding to section 1314. — Code Commissioner's Note. Sec note to § 1310, ante. § 1412. Supp. Cal. Eep. Cit. 138, 721; 133, 722. § 1431. Supp. Cal. Eep. Cit. 140, 537. § 1440. Supp. Cal. Eep. Cit, 144, 401. § 1442. Supp. Cal. Eep. Cit. 14o, 184. § 1458. Supp. Cal. Eep. Cit. 144, 260. § 1459. Supp. Cal. Eep. Cit. 144, 35. § 1468. Transfer of obligations; covenants to run with land. A covenant made by the owner of land with the owner of other land to do or refrain from doing some act on his own land, which doing or refraining is expressed to be for the benefit of the land of the covenantee, and which is made by the covenantor expressly for his assigns or to the assigns of the covenantee, runs with both of such par- cels of land. En. Stats. 1905, 610. 1468. This is a new section, and is designed to remove any doubt that covenants of the kind mentioned therein run with the land. — Code Commissioner's Note. § 1479. Supp. Cal. Eep. Cit. 145, 34. Subd. 1—144, 782. Subd. 3—141, 338. § 1488. Supp. Cal. Eep. Cit. 141, 316. § 1489. Supp. Cal. Eep. Cit. 141, 316. § 1500. Supp. Cal. Eep. Cit. 141, 712; 141, 713. § 1504. Supp. Cal. Eep. Cit. 143, 667; 143, 670. § 1511. Supp. Cal. Eep. Cit. Subd. 3—144, 401. § 1521. Supp. Cal. Eep. Cit. 142, 41. § 1522. Supp. Cal. Eep. Cit. 142, 41. 115 CIVIL CODE. §§ 15231624 § 1523. Supp. Cal. Eep. Cit. 142, 41. § 1531. Supp. Cal. Eep. Cit. Subd. 2—143, 7. § 1543. Supp. Cal. Eep. Cit. 145, 533. § 1550. Supp. Cal. Eep. Cit. 139, 512; 145, 498. § 1559. Supp. Cal. Eep. Cit. 142, 708. § 1565. Supp. Cal. Eep. Cit. 139, 512; 140, 162. § 1567. Supp. Cal. Eep. Cit. 141, 62. § 1568. Supp. Cal. Eep. Cit. 138, 671; 145, 448. § 1572. Supp. Cal. Eep. Cit. 141, 62; 144, 312. Subd. 3— 138, 671. Subd. 4—133, 671; 141, 390, Subd. 5—138, 671. § 1575. Supp. Cal. Eep. Cit. 141, 62. § 1577. Supp. Cal. Eep. Cit. 138, 671. Subd. 1—144, 110. § 1578. Supp. Cal. Eep. Cit. Subd. 2—138, 671. § 1581. Supp. Cal. Eep. Cit. 140, 162. § 1584. Supp. Cal. Eep. Cit. 141, 706. § 1585. Supp. Cal. Eep. Cit. 140, 161; 145, 625, § 1589. Supp. Cal. Eep. Cit. 141, 706; 144, 112. § 1605. Supp. Cal. Eep. Cit. 139, 168; 145, 500. § 1614. Supp. Cal. Eep. Cit. 143, 533, I 1615. Supp. Cal. Eep. Cit. 143, 533. § 1624. Contracts, what must be written. The following contracts are invalid, unless the same, or some note or S 1G24 SUPPLEMENT. lid memorandum thereof, is in writing and subscribed by the party to be charji^ed, or by his agent: 1. An agreement that by its terms is not to be performed within a year from the making thereof; 2. A special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in section twenty-seven hundred and ninety-four; 3. An agreement made upon consideration of marriage other than a mutual promise to marry; 4. An agreement for the sale of goods, chattels, or things in action, at a price not less than two hundred dollars, unless the buyer accepts or receives part of such goods and chat- tels or the evidences, or some of them, of such things in ac- tion, or pays at the time some part of the purchase money; but when a sale is made at auction, an entry by the auc- tioneer in his sale book, at the time of the sale, of the kind of property sold, the terms of the sale, the price, and the names of the purchaser and person on whose account the sale is made, is a sufficient memorandum; 5. An agreement for the leasing for a longer period thaa one year, or for the sale of real property, or of an interest therein; and such agreement, if made by an agent of the party sought to be charged, is invalid, unless the authority of the agent is in writing, subscribed by the party sought to be charged; 6. An agreement authorizing or employing an agent or broker to purchase or sell real estate for comx^ensation or a commission; 7. An agreement which by its terms is not to be performed during the lifetime of the promisor, or an agreement to de- vise or bequeath any property, or to make any provision for any person by will. En. March 21, 1872. Am"'d. 1873-4, 241; 1877-8, 86; 1905, 611. 1624. The change consists in the addition of suhdivision 7. The cases in which it is sought to establish by parol evidence alleged agreements to provide for a person by will are be- coming so numerous as to warrant the assumption that the reasons inducing the original enactment of the statute of frauds apply with espe'cial force to agreements of this class and that they ought to be brought within that statute. — Code Commissioner's Note. Supp. Cal. Eep. Cit. 142, 403. Subd. 1—140, 689. Subd. 5—143, 366. Subd. 6—141, 111. 117 CIVIL CODE. §§ 1625-1671 § 1625. Effect Of written contracts. TTie execution of a contract in writing, whether the law requires it to be writ- ten or not, supersedes all the neg-otiations or stipulations concerning its matter which preceded or accompanied the execution of the instrument. En. March 21, 1872. Am'd. 1905, 611. 1625. The change consists in the omission of the word "oral" be- fore "negotiations." — Code Commissioner's Note. Supp. Cal. Eep. Cit. 141, 228; 141, 734. § 1636. Supp. Cal. Eep. Cit. 141, 102; 141, 731. § 1637. Supp. Cal. Eep. Cit. 141, 102. § 1638. Supp. Cal. Eep. Cit. 141, 228; 141, 734. § 1639. Supp. Cal. Eep. Cit. 141, 228; 141, 734. § 1642. Supp. Cal. Eep. Cit. 142, 144. § 1643. Supp. Cal. Eep. Cit. 141, 102; 144, 37. § 1644. Supp. Cal. Eep. Cit. 144, 37. § 1645. Supp. Cal. Eep. Cit. 144, 37. § 1646. Supp. Cal. Eep. Cit. 141, 735. § 1647. Supp. Cal. Eep. Cit. 141, 261; 141, 731. § 1648. Supp. Cal. Eep. Cit. 141, 731. § 1653. Supp. Cal. Eep. Cit. 141, 731. § 1654. Supp. Cal. Eep. Cit. 141, 102; 141, 454. § 1657. Supp. Cal. Eep. Cit. 143, 366. § 1659. Supp. Cal. Eep. Cit. 140, 537. § 1670. Supp. Cal. Eep. Cit. 144, 499. § 1671. Supp. Cal. Eep. Cit. 144, 499; 144, 500. §§ 16731774 SUPPLEMENT. 118 § 1673. Supp. Cal. Rep. Cit. 145, 337. § 1674. Supp. Cal. Eep. Cit. 145, 387. § 1689, Supp. Cal, Rep, Cit. Stibd. 2—138, 672. § 1691. iSupp. Cal. Rep. Cit. Subd. 1—142, 320. § 1698. Supp. Cal. Rep. Cit. 140, 62. § 1741. Supp. Cal. Rep. Cit. 140, 159; 142, 156. § 1764. Supp. Cal. Rep. Cit. 139, 584; 145, 280. § 1766. Supp, Cal. Rep. Cit. 145, 278. § 1771. Supp. Cal. Rep. Cit. 145, 280. § 1774. Supp. Cal. Rep. Cit. 139, 585. DIVISION THIED. PART IV. TITLE III. CHAPTER II. CHAPTER [ARTICLE] Ilia. Article added March 21, 1905. Stats. 1905, 612. WAREHOUSEMEN". 1858. Warehouse receipts, when must not be issued. 1858a. Property not to be removed without consent in writing. 18586. Warehouse receipts, classification and effect of. 1858c. Indorsement on negotiable receipt of property de- livered. 119 CIVIL CODE. §§ 1858-1858b § 1853(f, Negotiable receipts and their effect. § 1858e. Liability for loss by fire. § 1858f. Penalties and liabilities. § 1858. Warehouse receipts, when must not he issued. A warehouseman, "wharfinger, or other person doing a storage business must not issue any receipt or voucher for any mer- chandise, grain, or other product or thing of value, to any person purporting to be the owner thereof, nor to any person as security for any indebtedness or for the performance of any obligation, unless such merchandise, grain, or other product, commodity, or thing has been, in good faith, received ty such warehouseman, wharfinger, or other person, and is in his store or under his control at the time of issuing his re- ceipt; nor must any second receipt for any such property be issued while a former receipt for any part thereof is out- standing and uncanceled. En. Stats. 1905, 612. 1858, 1858a, 1858b, 1858c, 1858d, 1858e, 1858f. The statute of 1877-8, page 949, relating to warehousemen's and wharfin- gers' receipts, is codified in the above sections. — Code Com- missioner's Note. § 1858rt. Property not to be removed without consent in writing. No warehouseman, wharfinger, or other person must sell or incumber, ship, transfer, or remove beyond his im- mediate control any property for which a receipt has been given, without the consent in writing of the person holding such receipt plainly indorsed thereon in ink. En. Stats. 1905, 612. See note to § 1858, ante. § 18586. Warehouse receipts, classification and effect of. Warehouse receipts for property stored are of two classes: first, transferable or negotiable; and second, non-transferable or non-negotiable. Under the first of these classes the prop- erty is transferable by indorsement of the party to whose order such receipt was issued, and such indorsement is a valid transfer of the property represented by the receipt, and may be in blank or to the order of another. AH warehouse re- ceipts must distinctly state on their face for what they are Issued and its brands and distinguishing marks and the rate of storage per month or season, and, in the case of grain, the kind, the number of sacks, and pounds. If a receipt is not negotiable, it must have printed across its face, in red §§ 1858t i858f SUPPLEMENT. 120 ink, in bold, distinct letters, the word "non-negotiable." En. Stats. 1905, 612. 'See note to § 1858, ante. § 18580. Indorsement on negotial)le receipt of property- delivered. If a negotiable receipt is issued for any prop- erty, neither the person issuing it nor any other person into whose care or control the property comes must deliver any part thereof without indorsing on the back of the receipt, in ink, the amount and date of the delivery; nor can he be allowed to make any offset, claim, or demand other than is expressed on the face of the receipt, when called upon to deliver any property for which it was issued. En. Stats. 1905, 612. See note to § 1858, ante. § 1858d. Negotiable receipts and their effect. If a non- negotiable receipt is issued for any property, neither the person isssuing nor any other person in whose care or con- trol the property comes must deliver any part thereof, ex- cept upon the written order of the person to whom the re- ceipt was issued. En. Stats. 1905, 612. See note to § 1858, ante. § 1858e. Liability for loss by fire. No warehouseman or other person doing a general storage business is responsible for any loss or damage to property by fire while in his cus- tody, if he exercises reasonable care and diligence for its protection and preservation. En. Stats. 1905, 613. See note to § 1858, ante. § 1858f. Penalties and liabilities. Every warehouseman, wharfinger, or other person who violates any of the provi- sions of sections eighteen hundred and fifty-eight to eighteen hundred and fifty-eight e, inclusive, is guilty of a felony, and, upon conviction thereof, may be fined in a sum not exceeding five thousand dollars, or imprisoned in the state prison not exceeding five years, or both. He is also liable to any person aggrieved by such violation for all damages, immediate or consequent, which he may have sustained therefrom, which damages may be recovered by a civil ac- tion in any court of competent jurisdiction, whether the of- fender has been convicted or not. En. Stats. 1905, 613. See note to § 1S5S, ante. 121 CIVIL CODE. §§ 1865-1871 § 1865. Finder of goods or money, or saving animals, duty of. If the finder of a thing, other than a domestic ani- mal, takes possession thereof, or if a person saves any such animal from drowning or starvation, lie must, within a rea- sonable time, inform the owner thereof, if known, and make restitution to him upon demand, without compensation, except a reasonable charge for saving and caring therefor. If the owner is not known to such finder or saver, he must, within five days, file an affidavit with the justice of the peace of the county whose office is nearest to the place of such finding or saving, particularly describing the property and the time, place, and circumstances under which it was found or saved. Such justice must then summon three dis- interested persons to appraise the property. They, or a majority of them, must make two lists of the valuation and description of the property, by them verified, and deliver one of such lists to the justice of the peace, to be kept by him on file in his office, and the other list must be delivered to such finder or saver, who must, within five days thereafter, cause it to be filed for record in the office of the county re- corder of the county, who must record it in a book known as the "Estrav and Lost Property Book." En. March 21, 1872. Am'd. 1905, 613. 1865. The section is amended to incorporate therein the provisions, upon the same subject, of sections 3136, 3137, and 3138 of the Political Code.— Code Commissioner's Note. § 1871. Property vests in finder, when; publication in certain cases; liability of finder to owner. If no owner ap- pears within six months after such finding or saving and offers reasonable proof of his ownership, and compensates, or in good faith offers to compensate, the finder or saver for the expense necessarily incurred by him, then such property vests in such finder or saver, unless it is of greater value than twenty dollars. If of such greater value, he must publish a copy of such verified list for three succes- sive weeks in some newspaper of general circulation pub- lished in the county, and if the owner docs not, within one year after the completion of such publication, prove the property and pay, or in good faith offer to pay, all charges thereon, the title thereto vests in such finder or saver. If the finder or saver of property does not comply with the provisions of section eighteen hundred and sixty-five, or if, though he does so comply, he refuses to surrender the prop- Civil Code— 11 §§ 19171932 SUPPLEMENT. 122. erty to an owner who has made reasonable proof of own- ership, and paid, or in good faith offered to pay, all legal charges thereon, he is liable to the owner for double the value of the property, and the owner may exonerate him- self from all liability arising out of such property by sur- rendering, or offering to surrender, it in satisfaction there- of. En. March 21, 1872. Am'd. 1905, 614. 1871. The section is amended to incorporate therein the provisions of sections 3139, 3140, and 3141 of the Political Code.— Code Commissioner's Note. § 1917. Supp. Cal. Eep. Cit. 143, 527. § 1929. Hirer to repair injuries. The hirer of a thing- must repair all deteriorations or injuries thereto occasioned by his want of ordinary care. En. March 21, 1872. Am'd. 1905, 614. 1929. The change consists in the substitution of the words "want of ordinary care" for "ordinary negligence." — Code Com- missioner's Note. § 1930. Thing let for a particular purpose. When a thing is let for a particular purpose the hirer must not use it for any other purpose; and if he does, he is liable to the letter for all damages resulting from such use, or the letter may treat the contract as thereby rescinded. En. March 21, 1872. Am'd. 1905, 614. 1930. The change consists in the substitution of the words "he is liable to the letter for all damages resulting from such use, or the letter" in place of the words "the letter who is re- sponsible for its safety during such use in all events, or." Code Commissioner's Note. § 1932. Hirer may terminate the hiring, when. The hirer of a thing may terminate the hiring before the end of the term agreed upon: 1. When the letter does not, within a reasonable time after request, fulfill his obligations, if any, as to placing and securing the hirer in the quiet possession of the thing hired, or putting it into good condition, or repairing; or, 2. When the greater part of the thing hired, or that part ■which was and which the letter had at the time of the hiring reason to believe was the material inducement to the hirer to enter into the contract, perishes from any other cause 12a CIVIL CODE. §§ 1970-2180 than the want of ordinary care of the hirer. En. March 21, 1S72. Am'd. 1905, 614. 1932. The change consists in the substitution of the words "want of ordinary care" for "ordinary negligence."— Code Com- missioner's Note. § 1970. Supp. Cal. Eep. Cit. 142, 255. § 1980. Supp. Cal. Eep. Cit. 139, 81; 139, 84. § 2012. Supp. Cal. Eep. Cit. 145, 267. § 2161. Oliligation of carrier of messages. A carrier of messages for reward, other than by telegraph or telephone, must deliver them at the place to which they are addressed, or to the person for whom they are intended. Such carrier, by telegraph or telephone, must deliver them at such place and to such person, provided, the place of address, or the person for whom they are intended, is within a distance of two miles from the main office of the carrier in the city or town to which the messages are transmitted, and the carrier is not required, in making the delivery, to pay on his route toll or ferriage; but for any distance beyond one mile from such office, compensation may be charged for a messenger employed by the carrier. En. March 21, 1872. Am'd. 1873-4, 248; 1905, 627. 2161. The change consists in the insertion of the words "or tele- phone" after "telegraph" in two places, thus making the section applicable to both telegraph and telephone com- panies. — Code Commissioner's Note. § 2180. Common carriers of persons, obligation to carry baggage. A common carrier of persons, unless his vehicle is fitted for the reception of persons exclusively, must receive and carry a reasonable amount of baggage for each passenger without charge, except for an excess of weight over one hundred pounds to a passenger; if such carrier is a proprietor of a stage line, he need not receive and carry for each passenger by such stage line, without charge, more than sixty pounds of baggage. En. March 21, 1872. Am'd. 1877-8, 87; 1905, 615. 2180. The change consists in the substitution of the word "need" for "may." The present section would seem to prohibit §§ 3186-2236 SUPPLEMENT. 124 a carrier by stage from receiving more than sixty pounds of luggage, wherein it was manifestly intended only to re- lieve him, at his election, from receiving a greater amount. — Code Commissioner's Note. § 2186. Supp. Cal. Eep. Cit. 141, 732. § 2188. Supp. Cal. Eep. Cit. 141, 732; 145, 452. § 2195. Liability of common carrier of property. A com- mon carrier is liable, even in the cases excepted by the last section, if his want of ordinary care exposes the property to the cause of the loss. En. March 21, 1872. Am'd. 1905, 615. 2195. The change consists in the substitution of the words "want of ordinary care" for "ordinary negligence." — Code Com- missioner's Note. § 2215. Supp. Cal. Eep. Cit. Subd. 1—138, 609. § 2219. Supp. Cal. Eep. Cit. 141, 61; 142, 69. § 2221. Supp. Cal. Eep. Cit. 144, 318. § 2224. Supp. Cal. Eep. Cit. 141, 60; 141, 62; 142, 69; 144, 312. § 2228. Supp. Cal. Eep. Cit. 142, 641; 144, 606. § 2229. Supp. Cal. Eep. Cit. 145, 364. f 2230. Supp. Cal. Eep. Cit. 144, 606; 145, 363; 145, 365. I 2231. Supp. Cal. Eep. Cit. 142, 69; 142, 641. § 2234. Supp. Cal. Eep. Cit. 145, 363. § 2235. Supp. Cal. Eep. Cit. 142, 69. § 2236. Obligations of trustees. A trustee who willfully and unnecessarily mingles the trust property with his own, so as to constitute himself in appearance its absolute owner, is liable for its safety in all events, and for the value of its use. En. March 21, 1872. Am'd. 1905, 615. 2236. The change consists in the addition of the words "and for the value of its use" after "events." — Code Commissioner's Kote. 125 CIVIL. CODE. §§ 2239-2334 § 2239. Supp. Cal. Eep. Cit. 142, 641. § 2250. Supp. Cal. Eep. Cit. 144, 125; 145, 649. § 2252. Supp. Cal. Eep. Cit. 142, 16. § 2258. Supp. Cal. Eep. Cit. 142, 16. § 2267. Supp. Cal. Eep. Cit. 139, 594. § 2273. Supp. Cal. Eep. Cit. 145, 649, § 2295. Supp. Cal. Eep. Cit. 140, 630. § 2299. Supp. Cal. Eep. Cit. 139, 594. § 2300. Supp. Cal. Eep. Cit. 139, 594; 143, 504; 144, 350. § 2307. Supp. Cal. Eep. Cit. 141, 311; 143, 504. § 2309. Supp. Cal. Eep. Cit. 141, 311; 142, 403; 143, 366. § 2310. Supp. Cal. Eep. Cit. 141, 311; 14^ 403; 143, 366. § 2311. Supp. Cal. Eep. Cit. 144, 112. § 2316. Supp. Cal. Eep. Cit. 141, 705. § 2317. Supp. Cal. Eep. Cit. 141, 705; 143, 504. § 2322. Supp. Cal. Eep. Cit. 145, 363. Subd. 3-142, 641. § 2330. Supp. Cal. Eep. Cit. 139, 594; 141, 705. § 2332. Supp. Cal. Eep. Cit. 141, 705. § 2334. Principal bound by acts of agent. A principal is bound by acts of his agent, under a merely ostensible authority, to those persons only who have in good faith, and without want of ordinary care, incurred a liability or parted with value, upon the faith thereof. En. March 21, 1872. Am'd. 1905, 616. S§ 2514-2839 SUPPLEMENT. 126 2334. The change consists in the substitution of the words "want of ordinary care" for "ordinary negligence." — Code Com- missioner's Note. Supp. Cal. Eep. Cit. 143, 504, § 2514. Supp. Cal. Eep. Cit. 144, 773. § 2541. Insurance of mortgaged property; effect of acts performed by mortgagee for mortgagor. Where a mortga- gor of property effects insurance in his own name, provid- ing that the loss shall be payable to the mortgagee, or as- signs a policy of insurance to the mortgagee, the insurance is deemed to be upon the interest of the mortgagor, who does not cease to be a party to the original contract, and any act of his which would otherwise avoid the insurance will have the same effect, although the property is in the hands of the mortgagee, but any act which, under the con- tract of insurance, is to be performed by the mortgagor, may be performed by the mortgagee, with the same effect as if it had been performed by the mortgagor. En. March 21, 1872. Am'd. 1905, 616. 2541. The change consists in the addition of the clause following "n^rtgagee," and is designed to authorize a mortgagee in whose favor insurance is effected, to perform for the mort- gagor any acts to be performed by him, with the same effect as if performed by the mortgagor.— Code Commission- er's Note. § 2611. Supp. Cal. Eep. Cit. 143, 291. § 2814. Supp. Cal. Eep. Cit. 138, 729; 141, 677. § 2815. Supp. Cal. Eep. Cit. 141, 676. § 2819. Supp. Cal. Eep. Cit. 139, 418; 145, 244. § 2822. Supp. Cal. Eep. Cit. 145, 499. § 2831. Supp. Cal. Eep. Cit. 139, 253; 139, 254; 139, 255; 145, 499. § 2832. Supp. Cal. Eep. Cit. 139, 418; 145, 498. § 2837. Supp. Cal. Eep. Cit. 138, 730, § 2839. Supp. Cal. Eep. Cit. 139, 418. 127 CIVIL CODE. §§ 2840 2913 § 2840. Snpp. fnl. Ecp. Cit. 139, 418; 145, 244. Subd. 2—144, 96. § 2844. Supp. Cal. Eep. Cit. 141, 677; 145, 244. § 2848. Supp. Cal. Eep. Cit. 139, 49; 145, 499. § 2849. Supp. Cal. Eep. Cit. 139, 49; 139, 50; 139, 52. § 2899. Supp. Cal. Eep. Cit. 139, 352; 139, 361; 141, 12; 142, 557. § 2903. Lien, right to redeem from. Every person, hav- ing an interest in property subject to a lien, has a right to redeem it from the lien, at any time after the claim is due, and before his right of redemption is foreclosed, and, by such redemption, becomes subrogated to all the benefits of the lien, as against all owners of other interests in the prop- erty, except in so far as he was bound to make such redemp- tion for their benefit. En. March 21, 1S72. Am'd. 1905, 617. 2903. The change consists in the addition of the clause after the word ''foreclosed.'' The de.sign of the amendment is to state and apply the rule of equity in such cases, it being feared that the declaration of a similar rule in section 2904, and its omission in this section might lead to doubt. Code Commissioner's Note. § 2910. Supp. Cal. Eep. Cit. 142, 542; 142, 543. § 2911. Supp. Cal. Eep. Cit. 140, 20; 140, 21; 142, 475; 142, 480; 144, 361; 144, 577; 144, 578. § 2913. Lien ■when restoration extinguishes. The volun- tary restoration of property to its owner by the holder of a lien thereon dependent upon possession extinguishes the lien as to such property, unless otherwise agreed by the parties, and extinguishes it, notwithstanding any such agreement, as to creditors of the owner and persons, subsequently acquiring a title to the property, or a lien thereon, in good faith, and for value. En. March 21, 1872. Amd. 1873-4, 260; 1905, 617. 2913. The change consists in the substitution of the word "value" for "a good consideration," after "for." — Code Commis- sioner's note. §§ 2922-2955 SUPPLEMENT. 128 § 2922. Siipp. Cal. Eep. Cit. 140, GS9; 144, 783. § 2924. Supp. Cal. Kep. Cit. 144, 783. § 2925. Supp. Cal. Eep. Cit. 144, 132. § 2930. Supp. Cal. Eep. Cit. 138, GS3; 144, 146. § 2931. Supp. Cal. Eep. Cit. 144, 333. § 2933. Supp. Cal. Eep. Cit. 144, 35. § 2950. Supp. Cal. Eep. Cit. 144, 132. § 2955. Chattel mortgages. Mortgages may be made upoa the following personal property and none other: 1. Locomotives, engines and other rolling stock of a rail- road. 2. Steamboat machinery, the machinery used by machin- ists, foundrymen, and mechanics. 3. Steam engines and boilers. 4. Mining machinery. 5. Printing presses and material. 6. Professional libraries. 7. Instruments of surveyors, physicians and dentists. 8. Upholstery, furniture and household goods. 9. Oil paintings, pictures and works of art. 10. All growing crops, including grapes and fruit. 11. Vessels of more than five tons burden. 12. Instruments, negatives, furniture and fixtures of a photograph gallery. 13. The machinery, casks, pipes, tubes and utensils used in the manufacture or storage of wine, fruit brandy, fruit syrup or sugar; also wines, fruit brandy, fruit syrup, or sugar, with, the cooperage in which the same are contained. 14. Pianos and organs. 15. Iron and steel safes. 16. Cattle, horses, mules, swine, sheep, goats and turkeys and the increase thereof. 17. Harvesters, threshing outfits, hay presses, wagons, farming implements, and the equipments of a livery stable, including buggies, carriages, harness, robes. 18. Abstract systems, books, maps, papers, and slips of searchers of records. 129 CIVIL CODE. §§ 2957 3061 19. Eaisins and dried fruits, cured or in process of being cured. Also all boxes, fruit graders, drying trays and fruit ladders. 20. Bees and bee-hives, apiaries and apiary stock, includ- ing frames, combs and extractors, also honey at apiaries. 21. Machinery, tanks, stills, agitators, leachers, and ap- paratus iTsed in producing and refining petroleum, asphal- tuni, fuel oils, lubricating oils and greases. 22. The bedroom furniture, carpets, tables, stoves, ranges, cooking utensils and all furniture and equipments usually found in a hotel. En. March 21, 1872. Am'd. 1875-6, 79; 1877-8, 88; 1887, 5; 1893, 84; 1895, 57; 1397. 95; 1903, 78; IS 05, 36. § 2957. Supp. Cal. Eep. Cit. Subd. 2—143, 6. § 2972. Supp. Cal. Eep. Cit. 142, 544. § 2973. Mortgages on personal property, validity of cer- tain. Mortgages of personal property, other than that men- tioned in section twenty-nine hundred and fifty-five, and mortgages not made in conformity with the provisions of this article, are nevertheless valid between the parties, their heirs, legatees, and personal representatives, and persons who, be- fore parting with value, have actual notice thereof. En. Stats. 1905, 617. 2973. This section merely declares the law already existing iipon the subject. It is deemed proper to have the same ex- pressed in the Code. — Code Commissioner's Note. § 2986. Supp. Cal. Eep. Cit. 144, 633. § 2987. Supp. Cal. Eep. Cit. 144, 633. § 3000. Supp. Cal. Eep. Cit. 144, 333. § 3049. Supp. Cal. Eep. Cit. 143, 438. § 3061. Lien of workmen on threshing machines, etc. Every person performing work or labor in, with, about, or upon any barley crusher, threshing machine or engine, horse- power, wagon, or other appliance thereof, while engaged iu •crushing or threshing, has a lien thereon to the extent of the ■value of his services. Such lien extends for ten days after §§ 3062, 3063 SUPPLEMENT. 130- any such person ceases such work or labor; provided, within that time, an action is brought to recover the amount of the claim. If judgment is given in favor of the plaintiff in any such action, and it is further found that he is entitled to a lien under the provisions of this section, property subject thereto, or so much thereof as may be necessary, may be sold to satisfy such judgment; but if several judgments have been recovered against the same property for the enforcement of such liens, the proceeds of the sale must be divided pro rata among the judgment creditors. En. Stats. 1905, 618. 3061. The statute of 1885, page 109, concerning liens in favor of persons working on threshing machines, is codified in this section. — Code Commissioner's Note. § 3062. Lien of person in charge of stallion, etc. Every owner or person having in charge any stallion, jack, or bull, used for propagating purposes, has a lien for the agreed price of its service upon any mare or cow and upon the offspring of such service, unless some willfully false representation concerning the breeding or pedigree of such stallion, jack,, or bull has been made or published by the owner or person in charge thereof, or by some other person, at the request or instigation of such owner or person in charge. En. Stats. 1905, 618. 3062, 3063, 3064. The statute of 1891, page 90, is codified in the above sections. — Code Commissioner's Note. § 3063. Claimant of lien must file verified claim; such claim a notice to subsequent purchasers. Every claimant of a, lien provided for in the preceding section must, within ninety days after the service on account of which the lien ig claimed, file in the office of the county recorder of the county where the mare or cow subject thereto is kept, a verified claim containing a particular description of the mare or cow, the date and place of service, the name of the owner or reputed owner of such mare or cow, a description by name, or otherwise, of the stallion, jack, or bull perform- ing the service, the name of the owner or person in charge thereof, and the amount of the lien claimed. Such claim, so filed, is notice to subsequent purchasers and incumbrancers of such mare or cow and of the offspring of such service for one year after such filing. En. Stats. 1905, 618. •See note to § 3062, ante. 131 CIVIL CODE. §§ 3064-3083 § 306i. Action to enforce lien. An action to enforce any lien created under section thirty hundred and sixty-two may be brought in any county wherein any of the property sub- ject thereto may be found, and the plaintiff is entitled to the remedies provided in sections thirty hundred and forty-four and thirty hundred and sixty-five upon complying with such sections, both of which are hereby made applicable to the proceedings in such action. En. Stats. 1905, 619. See note to § 3062, ante. § 3065, Lien of person who labors at cutting, etc., logs, lumber, etc. A person who labors at cutting, hauling, raft- ing or drawing logs, bolts, or other timber, has a lien there- on for the amount due for his personal services, which takes precedence of all other claims, to continue for thirty days after the logs, bolts, or other timber arrive at the place of <]estination for sale or manufacture, while such logs, bolts, or other timber are in the county in which such labor was performed. T.he lien hereby created ceases and determines unless the claimant thereof, within twenty days from the time such labor is completed, brings suit to foreclose the same. The plaintiff in any such suit, at the time of issuing the suminons or at any time afterwards, may have the logs, bolts, or other timber upon which such lien subsists attached, as provided in this code, upon delivering to the clerk an atfi- davit by or on behalf of the plaintiff, showing that defendant is indebted to the plaintiff upon a demand for labor per- formed, either in the cutting, hauling, rafting, or drawing such logs, bolts, or other timber, and that the sum for which the attachment is asked is an actual bona fide existing debt, due and owing from the defendant to the plaintiff, and that the attachment is not sought, and the action is not brought, tc hinder, delay, or defraud any creditor or creditors of the defendant. En. Stats. 1905, 6i9. 5065. So much of the statute of 1877-8, page 747, as amended in 1880, page 38, and 1887, page 53, relating to loggers' liens, as is deemed necessary to be preserved, is codified in the above section. — Code Commissioner's Note. § 3088. Negotiable instrument payable in money only- A negotiable instrument must be made payable in money only and without any condition not certain of fulfillment, except Ihat it may provide for the payment of attorney's fees and §§ 0094-3131 SUPPLEMENT. 132 costs of suit, in caso suit be brought thereon to compel th© payment thereof. En. March 21, 1872. Am'd. 1905, 96, § 3094. Supp. Cal. Eep. Cit. 145, 84. § 3104. Supp, Cal. Eep. Cit. 139, 667, § 3113. Supp. Cal. Eep. Cit. 139, 580, § 3115. Supp. Cal. Eep. Cit. 139, 580. § 3116, Supp. Cal. Eep. Cit. IS'9, 574; 139, 580; 139, 584. § 3131. Negotialjle instrument, presentment for payment, how made. Presentment of a negotiable instrument for pay- ment, when necessaryj must be made as follows, as nearly as by reasonable diligence it is practicable: 1. The instrument must be presented by the holder, or his agent ; 2. The instrument must be presented to the principal debtor, if he can be found at the place where presentment should be made; and if not, then it must be presented to some other person having charge thereof, or employed therein, if one can be found there; 3. An instrument which specifies a place for its payment must be presented there; and if the place specified includes more than one house, then at the place of residence, or busi- ness^ of the principal debtor, if it can be found therein; 4. An instrument which does not specify a place for its payment must be presented at the place of residence, or busi- ness, of the principal debtor, or wherever he may be found, at the option of the presentor; o. The instrument must be presented upon the day of its maturity, or, if it is payable on demand, it may be presented upon any day. It must be presented within reasonable hours; and if it is payable at a banking house, within the nsual banking hours of the vicinity, but, by the consent of the person to whom it should be presented, it may be pre- sented at any hour of the day; 6. If the principal debtor has no place of business, or if his place of business, or residence, cannot, with reasonable diligence, be ascertained, presentment for payment is ex- cused. En. March 21. 1872. Am'd, 1873-4. 263; 1905. 620, 133 CIVIL CODE. §§ 3176-3235 3131. The change consists in the insertion of the words "or his agent" after "holder." The design of the amendment is to conform the section in this respect to section 3186.^ Code Commissioner's Note. § 3176. Bills of exchange, where payaljle. A bill of ex- change is payable: 1. At the place where, by its terms, it is made payable. 2. Tf it specifies no place of payment, then at the place to which it is addressed. 3. If it is not addressed to any place, then at the place of residence or business of the drawee, or wherever he may be fovmd. If the drawee has no place of business, or if his place of business or residence cannot, with reasonable diligence, be ascertained, presentment for payment is excused, and the bill may be protested for nonpayment. En. March 21, 1872. Am'd. 1873-4, 264; 1905, 620. 3176. The change consists in the insertion of the word "cannot" after "residence," to correct a manifest error.— Code Com- missioner's Note. § 3197, Bills of exchange, promise to accept, effect of. An unconditional promise in writing, to accept a bill of ex- change, is a sufficient acceptance thereof, in favor of every person who upon the faith thereof has taken the bill for value. En. March 21, 1872. Am'd. 1905, 621. 3197. The change consists in the omission of the words "or other good consideration,'' as they occur after "value.'' The presence of these words implies that a consideration other than "for value" may support a promise in writing to ac- cept a bill. Such is not intended to be the law. — Code Commissioner's Note. § 3235. Foreign bills of exchange, rate of damages. Dam- ages are allowed under the last section upon bills drawn upon any person: 1. If drawn upon a person in this state, two dollars upon each one hundred dollars of the principal sum specified in the bill; 2. If drawn upon a person out of this state, five dollars upon each one hundred dollars of the principal sum specified in the bill; 3. If drawn upon a person in any pla&e in a foreign coun- try, fifteen dollars upon each one hundred dollars of the principal sum specified in the bill. En. March 21, 1872. Am'd. 1905, 621. Civil Code— 12 §§ 3287-3346a SUPPLEMENT. 134 3235. The change consists in the substitution of the word "a" for "any" before "person"; in the omission of the words "but in any of the other states west of the Kocl^y Moun- tains" after "state"; in the omission of tlie tliird sub- division; and in the renumbering of the fourtli subdivision rendered necessary thereby. As it now stands the section divides for its purposes that part of the United States not included witliin this state, into two parts, viz. : the states west, and the states east, of the Roclcy Mountains, thus apparently ignoring the states now existing situated partly on each side of those mountains. It has seemed best to abolish the distinction altogether and to provide a uni- form rate of damage for all the states, irrespective of their position with reference to those mouutaius. — Code Commis- sioner's Note. § 3287. Supp. Cal. Eep. Cit. 141, 697. § 3294. Exemplary damages, in what cases allowed. In an action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppres- sion, fraud, or malice, express or implied, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant. En. March 21, 1872. Am'd. 1905, 621. 3294. The change consists in the substitution of the words "ex- press or implied" for "actual or presumed," and in the substitution of the words "the plaintiff, in addition to the actual damages, may recover," in place of the words "the jurors, in addition to actual damages, may give." As the section now stands it appears to apply to jury trials only This, of course, was not the intention of the legislature. — Code Commissioner's Note. Supp. Cal. Kep. Cit. 139, 518; 139, 021; 140, 363; 140, 364; 142, 260; 142, 261. § 3300. Supp. Cal. Kep. Cit. 140, 342. § 3301. Supp. Cal. Kep. Cit. 140, 342. § 3311. Supp. Cal. Kep. Cit. Subd. 1—143, 438. Subd. 2—144, 84. § 3333. Supp. Cal. Rep. Cit. 139, 518; 139, 521; 141, 613. § 3346. Supp. Cal. Rep. Cit. 139, 560. § 3346(/. Damages for firing woods. Every person negli- gently setting fire to his own woods, or negligently suffering 135 CIVIL CODE. §§ 3353-3442 any fire to extend beyond his own land, is liable in treble damages to the party injured. En. Stats. 1905, 621. 3346a. The new section incorporates into this Code the principle now declared in section 3344 of the Political Code. — Code Commissioner's Note. § 3353. Supp. Cal. Eep. Cit. 140, 652. § 3360. Supp. Cal. Eep. Cit. 139, 520. § 3366. Specific relief, etc., when allowed. Specific or preventive relief may be given as provided by the laws of this state. En. March 21, 1872. Am'd. 1905, 622. 3366. The change consists in the substitution of the words "as provided by the laws of this state," in place of the words "in the cases siiecified in this title and in no others." The purpose is to enlarge the scope of the section.— Code Commissioner's Note. Supp. Cal. Eep. Cit. 139, 474. § 3367. Supp. Cal. Eep. Cit. Subd. 2—142, 46. S 3369. Supp. Cal. Eep. Cit. 138, 66'5. § 3386. Supp. Cal. Eep. Cit. 142, 346; 144, 533. § 3390. Supp. Cal, Eep. Cit. Subd. 1—140, 497. § 3391. Supp. Cal. Eep. Cit. Subd. 2—142, 467; 144, 535. § 3399. Supp. Cal. Eep. Cit. 144, 454. § 3406. Supp. Cal. Eep. Cit. 141, 63. Subd. 1—138, 672. § 3423. Supp. Cal. Eep. Cit. Subd. 2—139, 474; 139, 475; IS'9, 476; 139, 478. § 3432. Supp. Cal. Eep. Cit. 139, 366; 140, 399. § 3433. Supp. Cal. Eep. Cit. 159, 352; 139, 361; 141, 12. § 3440. Supp. Cal. Eep. Cit. 143, 283. § 3442. Supp. Cal. Eep. Cit. 140, 619; 140, 620; 140, 623; 141, 627; 144, 711; 145, 226. §§ 3449-3513 SUPPLEMENT. 136 § 3449. Supp. Cal. Eep. Cit. 139, 367; 141, 513; 144, 516. § 3451. Assignments for benefit of creditors, certain trans- fers not affected. The provisions of this title do not prevent a person residinor in another state or country from making there, in good faith, and without intent to evade the laws of this state, a transfer of property situated within it; but such person cannot make a general assignment of property situ- ated in this state for the satisfaction of all his creditors, ex- cept as in this title provided; nor do the provisions of this title affect the power of a person, although insolvent, and ■whether residing within or without this state, to transfer property in this state, in good faith to a particular creditor, or creditors, or to some other person or persons in trust for such particular creditor or creditors fOr the purpose of pay- ing or securing the whole or part of a debt owing to such creditor or creditors, whether in his or their own right or otherwise. En. March 21, 1S72. Am'd. 1SS9, 82; 1905, 622. 3451. The change consists in the insertion of the words "or credi- tors or to some other person or persons in trust for such particular creditor or creditors," after "creditor." The rule stated in the section as amended by the addition of the clause above quoted is the rule heretofore enforced in this state (Lawrence v. Neff, 41 Cal. 566; Hendlev v. Pfis- ter, 39 Cal. 283; Priest v. Brown, 100 Cal. 626); but some doubt has been cast upon the sub.iect by the later case of Sabaehi v. Chase, 108 Cal. 81. — Code Commission- er's Note. Supp. Cal. Eep. Cit. 139, 366. § 3458. Supp. Cal. Eep. Cit. 144, 515. § 3459. Supp. Cal. Eep. Cit. 144, 515. § 3468. Supp. Cal. Eep. Cit. 144, 517. § 3473. Supp. Cal. Eep. Cit. 139, 367. § 3479. Supp. Cal. Eep. Cit. 144, 136. § 3493. Supp. Cal. Eep. Cit. 141, 363; 144, 139. § 3510. Supp. Cal. Eep. Cit. 141, 123. § 3513. Supp. Cal. Eep. Cit. 144, 655. 137 CIVIL CODE. §§ 3515-3543 § 3515. Supp. Cal. Eep. Cit. 143, 004. § 3519. Supp. Cal. Eep. Cit. 143, 504; 145, 594. § 3521. Supp. Cal. Rep. Cit. 138, 622; 141, 227. § 3522. Supp. Cal. Eep. Cit. 142, 516; 145, 473. § 3532. Supp. Cal. Eep. Cit. 144, 669. § 3540. Supp. Cal. Eep. Cit. 142, 517. § 3541. Supp, Cal. Eep. Cit. 141, 102. § 3543. Supp. Cal. Eep. Cit. 143, 504. INDEX. ABDUCTION of persons in certain relations forbidden, § 49, ACCIDENT INSURANCE COMPANIES: See Insurance (Corporations; Mutual Insurance on Assessment Plan. ACKNOWLEDGMENTS: See Eegistration. Action to obtain proof of instrument, § 1203. Affiant to be known to officer, § 1185. Certificate, defective, action to correct, § 1202. Corporation, acknowledgment, affiant to be known to officer, § 1185. Corporation, acknowledgment of instrument by, § 1161. Corporation, form of, § 1190. What officers may take, § 1181, ACTIONS to obtain judgment proving instrument, § 1203. ADOPTION, proceedings for, §§ 226, 227. ADVANCEMENT, death of person receiving, effect on heirs, § 1399, Effect of on distributive share, §§ 1395, 1399. AGENCY. Ostensible authority, principal not liable, when, § 2334. ALIMONY: See Divorce. AMUSEMENTS: See Theaters. All citizens to have equal rights in public places, § 51. Denial of equal rights, punishment, § 52. Persons may be excluded from when, § 53. Eefusal of admission unlawful, § 53. ANIMALS, cruelty to: See Societies for Prevention of Cruelty to Children and Animals. Propagation, lien of owner of animal usod for, § 3062. Saver of, duty of, § 1865. Saver of, publication of list by, § 1871. (139) 140 ANIMALS-APPRENTICESHIP. Saver of, appraisement and preparation and filing of list, § 1S65. Saver of, not to charge compensation. § 1S65. Saver of, penalty for failure to comply with statute or surrender property, § 1S71. Savor of. title vests in after what time, § 1S71. ANNUITY INSURANCE: See Mutual Insurance on Asscss- niont Plan. APPRENTICESHIP. Act relating to masters and appren- tices, § '264, note. Age to which minor may be bound, § 264. Breach of covenants, action lies within what time, § 273. Breach of covenant, damages, how applied, § 273, Breach of covenant, master liable for, § 273. Death of master, effect of, § 266. Discharge of apprentice, power of superior court, § 272. Enticing apprentice, liability for, § 275. Fees, none to be charged where homeless minor ap- prenticed, § 268. Harboring runaway apprentice, liability for, § 275. Hearing of complaints of apprentices, § 271. Homeless minor, no fee to be charged, § 268. Homeless minor, provision in indenture as to educa- tion, clothing, etc., § 268. Homeless minors, superior court may bind, § 268. Homeless minors, who may institute proceedings, § 26S. Illegitimate child, mother alone can bind, § 265. Hlegitimate child, mother marrying, right to bind, § 265. Indenture, delivering and filing of, § 266. Indenture, effect of death of master, § 266. Indenture, how executed, § 266. Indenture not complying with statute is void, § 266. Indenture of homeless minor, provision as to educa- tion, clothing, etc., § 268. Indenture, what to contain, § 266. Jurv trial on incapacity of father where mother con- sents, § 267. Jury trial, who to pay costs of, § 267. Master to keep apprentice within state, § 269. Minor mav bind himself when, § 265. APPRENTICESHIP-AUTOMOBILES. 141 Minors who may be bound as, § 2G4. Miabehavior by apprentice, liability for, § 274. Misbehavior by a^jprenticc, proceedings against, § 274. Misbehavior by apjjrentice, proceedings against, costs of, § 274. Money, clothes, etc., delivery to apprentice, § 269. Money, clothes, etc., provision as to in indenture, § 268. Mother, consent of, jurv trial on incapacity of husband, § 267. Mother marrying, right of to bind, § 26.5. Protection of apprentice, duty as to, § 270, Kelease of master removing from state or quitting busi- ness, § 276. Superior court may bind homeless minors, § 268. Superior court, power to discharge apprentice, § 272. Suijerior court to defend apprentice from mistreatment, § 270. Superior court to hear complaints of apprentices, § 271. Treatment of apprentice, duty to inquire into, § 270. Who may be bound as, § 264. Who may Ijind minor, SS 265, 268. ARTICLES OF INCORPORATION: See Corporations; For- eign Cori)oralions. ASSESSMENT INSURANCE: See Mutual Insurance on As- sessment Plan. ASSIGNMENT, lease, of, rights of landlord against as- signee, § 822. ASSIGNMENT FOR BENEFIT OF CREDITORS. Non- residents, general assignment by to conform to our statute, § 3451. Nonresident, power to transfer property in state, § 3451. Preferences, right to make, § 3451. ASSOCIATIONS: See Co-operative Business Associations. ATTORNEY. Negotiable instrument may provide for at- torney's fee, § 3088. ATTORNEY GENERAL. Inquiry into right of co-operative business association to do business, § 653/i'. Proceedings where succession to estate not claimed, §§ 1405, 1406. AUTOMOBILES, franchises for roads for, § 524. 142 BAGGAGE— CARRIERS OF TERSOXS. BAGGAGE, nniount of, to be carried for each passenger, § 2180. BAILMENTS: See Warehousemen. Hiring: See Hiring. BANKS: See Savings and Loan Corporations. BENEFIT SOCIETIES: See Mutual Benefit and Life Asso- ciations; Mutual Insurance on Assessment Plan. Not governed by laws relating to mutual assessment corporations, § 453/). BENEVOLENT CORPORATIONS: See Eeligious, Social and Benevolent Corporations. BILLS AND NOTES: See Negotiable Instruments. Warehouse receipts: See Warehousemen. BILLS OF EXCHANGE: See Negotiable Instruments. BOARDS OF TRADE: See title "Chambers of Commerce, Boards of Trade and Mechanics' Institutes." BRIDGE, FERRY, WHARF, CHUTE AND PIER COR- PORATIONS. Franchise, when forfeited, § 529. Nonuser, ceasing to be corporation because of, § 529. Report, failure to make, penalty for, § 530. Report, failure to make, proceedings in case of, § 530. Tolls, not to be taken until authority granted, § 528. Report, publication of, § 530. Report to be made annually, § 530. Report, what to show, § 530. Report, who to make, § 530. BUILDING CORPORATIONS: See Land and Building Cor- porations. BUSINESS ASSOCIATIONS: See Co-operative Business As- sociations; Co-operative Business Corporations. BUSINESS CORPORATIONS: See Co-operative Business Corporations. BY-LAWS: See Corporations. CARRIERS: See Carriers of Goods; Carriers of Messages; Carriers of Passengers; Railroad Corporations; Telegraph Companies; Telephone Companies. CARRIERS OF GOODS, exemptions do not excuse if negli- gent, § 2195. CARRIERS OF MESSAGES. Duty to deliver, § 2161. CARRIERS OF PERSONS. Baggage, amount of to be car- ried, § 2180. CHAMBERS OP COMMERCE, ETC-CIIINEST!;. 143 CHAMBERS OF COMMERCE, BOARDS OF TRADE, AJSTD MECHANICS' INSTITUTES. Act for formation of, §§ 591, note. Articles of incorporation, execution and filing, § 591. Assessments, manner of levving and collecting §§ 592c, 592d. Assessments may be levied and collected, § 592d. Business, not to engage in, § 591. By-laws, force and effect of, § 592e. By-laws, penalty for violation of, § 592c. By-laws, what to prescribe, § 592c. Capital stock, may have, when, § 592. Directors, powers which may be conferred on, § 592fif. Executive committee, powers which may be conferred on, § 592«. Formation of, authorized, § 591. Formation of, manner of, § 591. Formation of, number of persons who may form, § 591. Formation of, when complete, § 591. Members, expulsion and admission of, § 592c. Meetings, how called and conducted, § 592c. Meetings, quorum, § 592c. Officers, agents and servants, appointment and tenure of office, § 592c. Organization of, § 591. Pre-existing corporations entitled to benefit of code, § 592c. Pre-existing corporations how become entitled to bene- fit of code, § 592c. Powers and liabilities of, § 591. Power to lease, acquire and sell property, § 5926. Stock, certificates of, right to issue, § 592. Stockholders, rights, privileges and obligations of. § 592. Trustees, powers which may be conferred on, § 592a. CHANGE OF NAME: See Names. CHATTEL MORTGAGES, made upon property not author- ized, effect of, § 2973. May be made upon what property, § 2955. Not conforming to statute, effect of, § 2973. CHILDREN: See Infancy; Parent and Child. Cruelty to. societies to prevent: See Societies for Pre- vention of Cruelty to Children and Animals. CHINESE, marriage between, and whites forbidden, § 60. 144 CHUTE CORPORATIONS-CONVEYANOES. CHUTE CORPORATIONS: See Bridge, Ferry, Wharf, Chute and Pier Corporations. CITIZENS. All to have equal rights in public places, § 51. CIVIL RIGHTS. All citizens to have equal rights in pub- lic places, § 51. Denial of equal riglits to all citizens, punishment, § 52. Refusal of admission to place of amusement unlawful, § 53. Refusal of admission to places of amusement, damages, § 54. CLERK OF COURT, acknowledgments, may take, § 1181. COMMERCE, chambers of: See title "Chambers of Com- merce, Board of Trade and Mechanics' Insti- tutes. ' ■' COMMON CARRIERS: See Carriers of Goods; Carriers of Persons; Carriers of Messages; Railroad Corpora- tions; Telegraph Companies; Telephone Com- panies. CONFLICT OF LAW. Law governing validity and inter- pretation of wills, § 1376. CONSOLIDATION, mining corporations, of, § 587«. CONSTRUCTION: See Words and Phrases. CONTRACTS, specific performance, when granted, § 3366. Statute of frauds: See Statute of Frauds. Writing supersedes prior negotiations and stipula- tions, § 1625. CONVEYANCES: See Deeds. CO-OPERATIVE BUSINESS ASSOCIATIONS: See Co-op- erative Business Corporations. Act providing for incorporation, operation and manage- ment of, § 6536, note. Articles of association to be prepared, § 653^/. Articles of association, what to state, § 653(/. Articles of association, subscribing and acknowledging, § 653d. Articles of association, where to be filed, § 653(7. Attorney eeneral may inquire into right to do business, § 653/w By-laws to be adopted within forty days, § 653e. By-laws, majority of members to adopt, § 653t'. By-laws, amendment of, § 653f. By-laws and amendments, to be recorded and kept iu office, § 653e. CO-OPERATIVE BUSINESS ASSOCIATIONS. 145 By-laws, certified copy to be filed with county clerk, § 653e. By-laws to be written in book and subscribed by mem- bers, § 653e. By-laws to provide amount of indebtedness that can be incurred, § 653e. By-laws, what may provide, §§ 653fl, 653e. Capital stock, to have none, § 653&. Certificate, when to be issued by Secretary of State, § 653d. Consolidation of authorized, § 653i. Consolidation of, agreement of, signing and acknowledg- ing, § 653i. Consolidation of, agreement of, what to state, § 653i. Consolidation of, agreement for, filing and recording of and fees for, § 653 i. Consolidation of, effect of, § 653!. Debts, property subject to seizure for, § 653f. Dissolution and winding up of, § 653/. Elections, each member entitled to one vote, § 653c. Formation, five or more persons may form, § 6536. Formation, purpose for which may be formed, § 653&. Indebtedness, by-laws to provide amount that can be incurred, § 653c. Indebtedness, liability of members, § 653c. Insolvency, compelling payment of unpaid dues and in- stallments, § 653c. Members, liability for indebtedness, § 653c. Members, payment of unpaid dues and installments on insolvency, § 653c. Members, rights of are equal, § 653c. Members, rights of association where interest sold un- der execution, § 653f. Members, rights of purchasers of interest of under exe- cution, § 653f. Membership certificates, assignment and transfer of, § 653J). Membership certificates to be issued to members, § 6536. Membership, who eligible to, § 653c. Powers of enumerated, § 6537;. Profits, adding to the funds, § 653c. Profits, division of, time and manner of, § 653e. Civil Code— 13 146 CO OPERATIVE BUSINESS ASSOCIATIONS. Purpose for which may be formed, § 653/^ Purpose of, how altered, modified or enlarged, § 653.7. Quo warranto to inquire into right to do business, § 653/r. Eeceiver when only can be appointed for, § 653y. Eights where interest of member sold under execution, § 653A What corporations not affected by provisions relating to, § 653/. CO-OPERATIVE BUSINESS CORPORATIONS: See Co-op- erative Business Associations. Profits, amount to be divided, by-laws may provide, § 653ff. Profits, manner of division, by-laws may provide, § 653o. Purposes for which may be formed, § 653a.. CORPORATIONS, benevolent: See Religious, Social, and Benevolent Corporations. Boards of trade: See title "Chambers of Commerce, Boards of Trade and Mechanics' Institutes." Bridge corporations: See Bridge, Perry, Wharf, Chute or Pier Corporations. Chambers of commerce: See title "Chambers of Com- merce, Boards of Trade and Mechanics' Insti- tutes." Chute corporations: See Bridge, Ferry, Wharf, Chute or Pier Corporations. Co-operative business corporations: See Co-operative Business Corporations. Cruelty to animals, societies to prevent: See Societies to Prevent Cruelty to Children and Animals. Cruelty to children, societies to prevent: See Societies for Prevention of Cruelty to Children and Ani- mals. Electric: See Lighting Corporations. Ferry corporations: See Bridge, Ferry, Wharf, Chute or Pier Corporations. Foreign corporations: See Foreign Corporations. Gas: See Lighting Corporations. Insurance: See Insurance Corporations. Land and building corporations: See Land and Build- ing Corporations. Land and water corporations: See Land and Water Cor- porations. CORPORATIONS. 147 Mechanics' institutes: See title "Chambers of Com- merce, Boards of Trade and Mechanics' Insti- tutes." Mining: See Mining Corporations. Mutual, benefit and life associations: See Mutual Bene- fit and Life Associations. Pier corporations: See Bridge, Ferry, Wharf, Chute or Pier Corporations. Eailroad corporations: See Eailroad Corporations. Keligious: See Eeligious, Social and Benevolent Cor- porations. Savings and loan corporations: See Savings and Loan Corporations. Social: See Eeligious, Social and Benevolent Corpora- tions. Telegraph corporations: See Telegraph and Telephone Corporations. Telephone corporations: See Telegraph and Telephone Corporations. Wagon road corporations: See Wagon Eoad Corpora- tions. Water corporations: See Water Corporations. Wharf corporations: See Bridge, Ferry, Wharf, Chute or Pier Corporations. Acknowledgment of instrument by, § 1161. Acknowledgment, affiant to be known to officer, § 1185. Acknowledgment, form of, § 1190. Amendment of law, effect on rights against, §§ 403, 404. Amendment of law, power of reserved, § 403, 404. Articles, amendment, defects not curable by, § 362. Articles, amendment, effect of, § 362. Articles, amendment, filing amendment, § 362. Articles, amendment, limitations on right of, § 362. Articles, amendment, mode of, § 362. Articles, amendment, notice of to be published if requi- site assent not obtained, § 362. Articles, amendment, right of, § 362. Articles, copies filed have same effect in evidence as or- iginals, § 299. Articles, copies to be filed in counties where property held, § 299. Articles, failure to file, effect of, § 299. Articles, majority of subscribers to be residents, § 292. Articles, subscribing and acknowledging, § 292. 148 CORPORATIONS. Articles, time of filing, § 299. Articles, what to set forth, § 290. By-laws, amendment of, § 304. By-laws, book of, keeping of and right to inspect, § 304. By-laws, certifying, § 304. By-laws, copying in book of by-laws, § 304. By-laws, delegating power over to directors, § 304. By-laws, repeal of, § 304. Capital stock, division of on dissolution or expiration, § 309. Capital stock, liability of directors reducing, withdraw- ing or paying out, § 309. Capital stock, not to be increased or reduced, § 309. Capital stock, not to be divided, withdrawn or paid to stockholders, § 309. Certificate of place where summons may be served, § 1163. Certificate of place where summons may be served, affi- davit on change of residence, § 1163. Control of where no capital stock, § 3'05. Corporators, majority must be residents, § 28'5. Debt, liability of director creating excessive, § 309. Debts, limitation on power to create, § 309. Directors, number of, § 305. Directors, number of, where formed to erect and main- tain halls, § 290. Directors, number and term of, in social corporations, § 290. Directors, increase and decrease in number of, § 290. Directors, not to be less than three, § 290. Directors, majority to be residents, § 305. Directors, election, notice of, § 302. Directors, election of new board, § 310. Directors, to be elected annually, § 302. Directors, election, time of where no provision in by- laws, § 302. Directors, amount of stock to be held by fixed by by- laws, § 305. Directors, liability for creating excessive debt, § 309. Directors, liability for reducing, paying out or with- drawing capital stock, § 309. Directors, limitation of action for creating excessive debt, § 309. CORPORATIONS. 149 Directors, no limitation of action for withdrawing or re- ducing capital stock, § S'09, Directors, meetings, quorum to be present, § 305. Directors, removal of, § 310. Directors to be members where no capital stock, § 305. Directors to be stockholders, § 305. Directors, to conduct and control business and property, § 305. Directors, vacancy, how filled, § 305. Dissolution, directors or managers are trustees, § 400. Dissolution, directors and managers, powers of, § 400. Dissolution of, legislature reserves right of, §§ 403, 404. Dissolution of, by legislative act, effect on rights against, §§ 403, 404. Dividends on stock in name of married woman, to whom paid, § 525. Dividends, to be from surplus profits only, § 309. Election, irregular, effect of, § 312. Elections, complaints against, hearing and notice of, | 315. Elections, complaints against, power of superior court, § 315. Elections, corporations not for profit, by-laws to pro- vide quorum, § 312. Election, majority of stock or members to bo repre- sented, § 312. Elections, postponement of, § 314. Elections, proceedings where not held or postponed, § 314. Elections, voter to be stockholder or member ten days before, § 312. Execution against, franchise may be sold, § 388. Execution, sale of franchise, duties and liabilities, § 391. Execution, sale of franchise, redemption, § 392. Execution, sale of franchise, where made, § 393. Extension of existence, filing certificate, § 401. Extension of existence, proceedings for, § 401. Extension of existence, right of, § 401. Franchise may be sold on execution against, § 388. Franchise, sale of under execution, duties and liabili- ties, § 391. Franchise, sale under execution, where made, § 393. Franchise, sold under execution, redemption of, § 392. 150 CORPORATIONS. Halls, to erect and manage, number of directors, §§ 290, 305. Lost, destroyed or withhold certificate, action for new, § 328. Lost, destroyed or withhold certificate, action for new, protection of company, § 328. Married woman, proxy by, § 325. Married woman, stock in name of, dividends to whom paid, § 325. Married woman, stock in name of, how transferred, § 325. Meeting, adjournment of, § 512. Meetings for removal of directors, how called, § 310. Meeting, justice may order if no method provided, § 311. Meeting, justice may order on what application, § 311. Meetings, quorum must be present, § 305. Members control where no capital stock, § 305. Members, liability of, actions against, § 322. Members, liability of, how enforced, § 322. Members, liability where no capital stock, § 322. Proxies, for what time valid, § 321b. Proxies, how executed, § 321&. Proxies, revocable, § 321?>. Proxies, time, by-law in corporation without stock may prescribe, § 321?). Proxies, who may act, by-laws of corporation without stock may prescribe, § 321&. Proxy by married woman, § 32'5. Eeal estate, power to hold, § 360. Real estate^ land and building in which business car- ried on, acquiring, § 360. - Eepeal of laws relating to, power of reserved, §§ 403, 404. Eepeal of laws relating to, effect of on rights against, §§ 403, 404. Stock, issuance of certificate before fully paid up, § 323. Stock, issuance of certificate when fully paid up, § 323. Stock in name of married woman, dividends to whom paid, § 325. Stock in name of married woman, proxy, § o25. Stock, in name of married woman, transfer, § 325. Stock, lost, destroyed or withheld certificate, action for new, § 328. Stock, lost, destroyed or withheld certificate, action for new, protection of company, § 328. CORPORATIONS. 151 Stockholder, guardian or trustee's liability as, § 322. Stockholders' personal liability, creditor may institute joint and several actions, § 322. Stockholders' personal liability does not extend to what persons, § 322. Stockholders' personal liability extends to what persons, § 322. Stockholders' personal liability, extent of how deter- mined, § 322. Stockholders' personal liability, foreign corporation, § 322. Stockholders' personal liability, funds in guardian's hands, liability of, § 322." Stockholders' personal liability, how enforced, § 322. Stockholders' personal liability^ in general, § 322. Stockholders' personal liability, measure of, § 322. Stockholders' personal liability not released by transfer of stock, § 322. Stockholders' personal liability released on payment of his proportion, § 322. Stockholders' personal liability released when, and when not, § 322. Stockholders' personal liability, several judgments against for debts, § 322. Stockholders' personal liability, stock held as collateral, § 322. Stockholders' personal liability, stock held by represen- tntive, § 322. Stockholders' personal liability, trust fund's liability for, § 322. Stockholders ' personal liabilit}^ when a guardian or trus- tee, § 322. Stockholders, who are, § 322. Stockholders, who are not, § 322. Summons, penalty for failure to designate person, upon whom may be served, § 406. Three or more persons may form, § 285. Transfer of shares does not release stockholders' liabil- ity, § S22. "Trust" or "trustee," when only can use as part of corporate name, § 290i^. Trusts, when only can accept and execute, § 290i^. Wills, when only can take under, § 1275. 152 COSTS-DIVIDENDS. COSTS, negotiable instrument may provide for, § 3088. COURT, clerk of, may take acknowledgments, § 1181. COURT COMMISSIONERS, acknowledgments, may take, § 1181. COVENANTS. Covenant with owner of another tract runs with both tracts when, § 1468. CREDITORS. See Assignments for the Benefit of Creditors. CRIMINAL LAW. Warehouseman, violation of law by, punishment, § 1858/. CRUELTY: See Divorce. CRUELTY TO CHILDREN AND ANIMALS, societies to prevent: See Societies for Prevention of Cruelty to Children and Animals. DAMAGES. Dishonor of bill of exchange, § 3235. Exemplary, in case of malice, fraud or oppression, § 3294. Fire, treble damages for setting, § 3346«. Eefusal of admission to places of amusement, § 54. Treble for setting fire, § 3o46«. DEATH. Beneficiary receiving advancements, effect on heirs, § 1399. Beneficiary under will, rights of children, § 1310. DEBTOR AND CREDITOR: See Assignments for Benefit of Creditors. DECLARATION, homestead, of, what to contain, § 1263. DEEDS: See Covenants. Change of name, act relating to conveyances in ease of, § 1096, note. Change of name, conveyance in case of, § 1096. Heir, conveyance by valid unless will proved within four years, § 1364. DEFINITIONS: See Words and Phrases. Contract of mutual insurance on assessment plan, § 453d. Extreme cruelty, § 94. DESCENT, rules of, where one dies intestate, § 1386. See Succession, DEVISEES: See Wills. DIRECTORS: See Corporations. DISTRIBUTION: Sec Succession. Rules of descent and distribution in case of intestacy, § 1386. Rules of where one dies intestate, § 1386. DIVIDENDS: See Corporations. DIVORCE— EXEMPLARY DAMAGES. 153 DIVORCE. Alimony, court may award pending suit, § 137. Children, custody, care and maintenance of, § 138. Children, order relating to, modification and vacation of, § 138. Extreme cruelty, definition of, § 94. Maintenance by husband, wife or children where divorce denied, § 136. Maintenance without divorce, action for, § 137. Maintenance without divorce, judgment how enforced, § 137. Maintenance without divorce, judgment, modification of, § 137. Nullity of marriage does not affect legitimacy of chil- dren, § 84. DOMESTIC RELATIONS. Divorce: See Guardian and Ward; Husband and Wife; Parent and Child. Abduction forbidden, § 49. Seduction forbidden, § 49. ELECTRIC CORPORATIONS: See Lighting Corporations. ELECTRICITY, statute authorizing steam roads to use, § 465rt, note. ELEVATED ROADS, franchise for, power to grant, § 493. ENDOWMENT INSURANCE: See Mutual Insurance on As- sessment Plan. ENTICEMENT, apprentice, of, a misdemeanor, § 275. Child from guardian, forbidden, § 49. Child from parent, forbidden, § 49, Of wife, forbidden, § 49. EQUAL RIGHTS: See Civil Rights. ESCHEAT. Proceedings where succession to estate not claimed, §§ 1405, 1406. ESTATES OF DECEASED PERSONS: See Succession; Wills. Conveyance by heir valid unless will proved within four vears, § 1364. EXCHANGE, BILLS OF: See Negotiable Instruments. EXECUTIONS. Franchise may be sold on execution against corporation, § 388. Franchise, sale of, duties and liabilities, § 391. Franchise, sale of, redemption of, § 392. Franchise, sale of, where made, § 393. EXECUTORS. Power to bind minor as apprentice, § 265. EXEMPLARY DAMAGES: See Damages. 154 EXEMPTIONS-FOREIGN CORPORATIONS. EXEMPTIONS. Monoys arising under mutual assessment contract, § 453fc. FEES for filing articles by foreifjn corporation, § 409. FELONY. W-r"hou=emnn, violation of law by, § 18.58f. FERRY CORPORATIONS: See Bridge, Ferry," Wharf, Chute, or Pier Corporations. FINDERS of lost property: See Lost Property. FIRE, treble damages for setting, § 3346ff. Warehousemen, when only liable for, § 1858e. Water companv to furnish water free in case of, § 549. FIRE INSURANCE COMPANIES: See Insurance Corpora- tions. FIRE PATROL, act giving underwriters power to equip, § 453rf, note. Assessment to maintain, how collected, § 453f. Assessment to sustain, how apportioned, § 453c. Duties and powers of, § 453f/.. Expenses of, limit upon, § 453r'. Fire insurance companies may maintain. 5 453'/. Injuries to animals or property of, punishment of, § 453&. Laws and ordinances protecting fire department, applv to, § 453&. Maintenance of, statement of premiums, corporations to file, § 453c. Maintenpnce of, statement of premiums, demand for, § 453c. Maintenance of, statement of premiums, failure to file, penalty and collection, § 453c. Meeting of corporations interested to be held yearly, § 453c. Meeting of corporations, majority to decide all ques- tions, § 453c. Meeting of corporations, notice of, § 453c. Meeting of corporations, right to vote, § 453c. Obstruction of on way to fire, punishment of, § 4531). Power to enter buildings and take property, § 45Sa. EiLdit of way while running to fires, § 453?). T^ndorwritors mny maintain, § 453»^/. FOREIGN CORPORATIONS, actions, cannot maintain or defend, when, § 406. Articles, act requiringr filing of, ^§ 408, note. Articles, failure to file, penalty for, § 410. FOTIEIGN CORPORATIONS— GUARDIAN AND WARD. 155 Articles, failure to file, proceedings against, § 410. Articles of incorporation, certified copies of to be filed, § 408. Articles of incorporation, fees for filing, § 409. Evidence of corporate existence, what admissible, § 406. Insurance corporations on assessment plan: See Mutual Insurance on Assessment Plan. Eailway corporations, rights, powers and liabilities, § 407. Statute of limitations operates in favor of, when and when not, § 406. Summons, act relating to designation of person upon whom may be served, § 405, note. Summons, designation of person on whom may be served, revocation and new designation, § 406. Summons, designation of person on whom may be served, § 405. ■Summons may be served on Secretary of State, when, § 405. FOREIGN WILLS, validity of in this state, § 1285. FORMS. Acknowledgment by corporation, § 1190. FRANCHISE. Corporation: See Corporations. FRATERNAL SOCIETY not governed by laws relating to mutual assessment corporations, § 453p. FRAUD, exemplary damages in case of, § 3294. See Statute of Frauds. GAS CORPORATIONS: See Lighting Corporations. GOODWILL is property, § 993. Is transferable, § 993. Name of business may be transferred with, § 993. GUARDIAN AND WARD. Apprentice, guardian may bind ward as, when, § 265. Custody of minor, preference between persons claimino-, § 246. Custody of minors, rules for awarding, § 246. Enticement of child from guardian. § 49. Marriage of ward, consent of guardian necessary when, § 69. Orphan asylum, managers have preferred right to guard- ianship, when, § 246. Parent failing to maintain child forfeits guardianship, § 246. 156 GUARDIAN AND WARD-INSANE PERSONS. Permitting cliild to remain in orphan asylum without notice forfeits guardianship, § 246. HEALTH INSURANCE: See Mutual Insurance on Assess- ment Plan. HEALTH INSURANCE CORPORATIONS: See Insurance Corporations. HIRING. Deteriorations or injuries, duty to repair, § 1929. Hirer may terminate hiring before end of term, when, § 1932. Hirer to use property only for purpose hired, § 1930. Hirer using for different purpose, rights of letter, § 1930. HOLIDAYS. Business days, what days are, § 9. HOMESTEAD, declaration of, what to contain, § 1263. Insane persons, of: See Insane Persons. HORSELESS VEHICLES, franchises for roads for, § 524. HOTELS. All citizens to have equal rights, § 51. Denial of equal rights in, punishment for, § 52. HUSBAND AND WIFE. Abduction of husband or wife, § 49. Enticement of wife, forbidden, § 49. Maintenance, action for by wife without divorce, § 137. See Divorce. Seduction of wife forbidden, § 49. Separate property of wife, liability of for debts, § 171. ILLEGITIMACY: See Legitimacy. INDENTURE: See Apprenticeship. INFANCY: See Adoption; Guardian and Ward; Parent and Child. Apprenticeship: See Apprenticeship. Cruelty to children, societies to prevent. See Societies for Prevention of Cruelty to Children and Ani- mals. Legitimacy: See Legitimacy. Marriage, consent of parent or guardian when necessary, § 69. INHERITANCE, rules of, where one dies intestate, § 1386. See Succession. INJUNCTION, when may be granted, § 3366. INNS. All citizens to have equal rights, § 51. Denial of equal rights, punishment, § 52. INSANE PERSONS'. Homesteads, act authorizing aliena- tion or incumbering, § 1269a. INSANE PERSONS— INSURANCE CORPORATIONS. 157 Homestead of, application for order to sell or mortgage, service and publication of, § 1269b. Homestead of, may be sold or mortgaged for what pur- poses, § 1269ff. Homestead of, petition to sell or mortgage, subscription and verification of, § 1269ffl. Homestead of, petition to sell or mortgage, what to state, § 1269rt. Homestead of, public administrator when to represent on petition to sell or mortgage, § 1269&. Homestead of, public administrator representing on pe- tition to sell or mortgage, fee of, § 1269&. Homestead of, sale or mortgage of, bond on, § 1269c. Homestead of, sale or mortgage, effect of, § 1269p. Homestead of, sale or mortgage, when ordered, § 1269e. Homestead of, sale or mortgage of, report and confirma- tion, § 1269c. Homestead of, sane spouse may petition to sell or mort- gage, § 1269a. HmSTRUMENTS. Action to obtain judgment proving in- strument, § 120S. INSURANCE, mortgaged property, on, § 2541, INSUEANCE COMMISSIONEES: See Mutual Insurance on Assessment Plan. INSUEANCE COEPOEATIONS. Assessment insurance: See Mutual Insurance on Assessment Plan. Capital and accumulations, how invested, § 421. Dividends when only to be declared, § 452. Fire and marine insurance corporations, limit on one risk, § 428. Fire insurance, fire patrol, rights and powers as to: See Fire Patrol. Fire, life, health, accident and marine insurance com- panies, approval of investment by two thirds of directors, § 421, sub. 6. Fire, life, health, accident and marine insurance com- panies, limit on investments, § 421, sub. 6. Fire, life, health, accident and marine insurance com- panies, report of investments, § 421, sub. 6. Fire, life, health, accident and marine insurance cor- porations, accumulations, how invested, § 421, sub. 5. Civil Code— 14 158 INTEfePRETATION-LAND AND BUILDING ASSOCIATION. Life insiiranoe comp;\nios, policy loans, provisions con- corning, § 421, sub. 7, Life insurance companies, power to loan on policies, § 421, sub. 7. Limit on risks of fire and marine insurance corpora- tions, § 428. Mutual benefit and life associations: See Mutual Bene- fit and Life Associations. Mutual insurance on assessment plan: See Mutual In- surance On Assessment Plan. Mutual life, health and accident companies, capital stock required, § 437. Mutual life, health and accident companies, distribution of stock, where oversubscribed, § 437. Mutual life, health and accident companies, guarantee fund, § 437. Mutual life, health and accident company, rejection of subscription, § 437. Eeal estate, power to acquire, § 415. Real estate, within what time to be disposed of, § 415. Title insurance corporations: See "Title Insurance Cor- porations." INTERPRETATION: See Words and Phrases. INTESTATE. Succession to and distribution of property, § 1386. IRRIGATION: See Waters. JAPANESE. Marriage between whites and mongolians for- bidden, § 60. JOINT OWNERS. Ditches, flumes, etc.: See Waters. JURY: See Apprenticeship. JUSTICES OF THE PEACE, acknowledgments, may take, § iisi. Meeting of corporation, justice may order when, § 311. LABORERS: See Liens. LAND AND BUILDING ASSOCIATION, withdrawal or sur- render, notice of, § 63Sr/. Withdrawal or surrender, right of, § 638fT. Withdrawal or surrender, stockholder to receive what amount, § 638fl. Withdrawals to be paid in succession, § 638a. LAND AND "WATER COUPORATION— LIENS. 159 LAND AND WATER CORPORATION. Division of lanrl and water rights among stockholders, right of, § 309. Division of land and water rights among stockholders, rights of creditors, § 309. LANDLORD AND TENANT. Action for possession without notice, where right of re-entr}^, § 793. Assignee of lessee, rights of landlord against, § 822. Re-entry, right of how exercised, § 793. LEASE: See Landlord and Tenant. LEGACIES: See Wills. LEGITIMACY. Mother alone can bind illegitimate child as apprentice, § 265. Mother marrying, right to bind child as apprentice, § 265. Nullity of marriage does not affect legitimacy of chil- dren, § 84. Succession to estate where child legitimated by mar- riage, § 1388. Succession to estate where child not legitimated, § 1388. LICENSE. Marriage: See Marriage. LIENS, loggers, act giving lien to laborers in logging camp, § 3065, note. Loggers', action on, attachment of logs, § 3065. Loggers, action to be brought within what time, § 3065. Loggers, duration of, § 3065. Loggers have, § 3065. Loggers, priority of, § 3065. Propagation, lien of owner of animal used for, act relat- ing to, § 3062, note. Propagation, lien by owner of animal used for, claim of, ^§ 3063. Propagation, lien by owner of animal used for, enforce- ment of, § 3064. Propagation, owner of animal used for has lien, § 3062. Restoration of property subject to, to owner, effect of, § 2913. Right of redemption of property subject to, § 2903. Subrogation of person redeeming proj^erty subject to, § 2903. Threshing-machines, act giving lien to laborers on, § 3061, note. Threshing-machine, laborer on has lien, § 3061. 160 LIENS-LOST PROPERTY. Threshing-machine, lien of laborer on, duration of, § 30G1. Threshing-machines, liens' of laborers on, enforcement of, § 3061. Threshing-machines, proceedings where several laborers have liens, § 30G1. LIFE INSURANCE: See Mutual Insurance on Assessment Plan. Mutual benefit and life associations: See Mutual Bene- fit and Life Associations. LIFE INSURANCE COMPANIES: See Insurance Corpora- tions. LIGHTING CORPORATIONS. Duty to furnish gas or elec- tricity on application, §§ 629, 630. Refusal to furnish gas or electricity, punishment of, § 629. Refusal to supply gas or electricity, when justified, §§ 630, 63Ga. Right to enter buildings for inspection, § 631. Right to enter building, prevention of, punishment of, § 631. Right to enter building to shut off light, § 632. Shutting off of light when justified, § 632. LIMITATION OF ACTIONS, apprentice, action by for breach of covenant, § 273. LIMITATIONS. Conveyance by heir valid unless will proved within four years, § 1364. Directors, action for creating excessive debt, § 309. Directors, action for reducing or withdrawing capital stock, § 309. LOGGERS: See Liens. LOST INSTRUMENT. Certificate of stock, action for ne-vf certificate, § 328. Certificate of stock, judgment for new certificate, pro- tection of company, § 328. LOST PROPERTY, appraisement of, § 1865. Finder, duty of where owner not known, § 1865. Finder of, title vests in after what time, § 1871. Finder not to charge compensation, § 1865. Finder, penalty for failure to comply with statute or to surrender property, § 1871. Finder, publication of list by, § 1871. Finder, title when vests in, § 1871. Finder to notify owner, § 1865. LOST PROPERTY— MECHANIC'S INSTITUTE. 161 Finder to restore property, § 1S65. Lists of, preparation and filing of, 1865. LUNATICS: See Insane Persons. MAINTENANCE, action for, by wife without divorce, § 137. See Divorce. MALICE, exemplary damages in case of, § 3294. MARINE INSURANCE COMPANY: See Insurance Corpora- tions. MARRIAGE. Declaration of marriage by persons of re- ligious sect, § 79a. Divorce: See Divorce. Infant, consent of parent or guardian when necessary, § 69. License, infant, consent of parent or guardian necessary, § 69. License, infant, examination of parties, § 69. License necessary, § 69. License not to issue to what persons, § 69. License, what to show, § 69. License, how obtained, § 69. Nullification of, legitimacy of children not affected, § 84. Religious sect, declaration of marriage bv members of, § 79a. Religious sect, marriage of, manner of, § 79a. Solemnization necessary, § 68. Solemnization, want of, effect of, § 68. Whites, marriage of with negroes, mongolians or mu- lattoes void, § 60. Will, effect of on, § 1300. MARRIED WOMEN, stock in name of, dividends to whom paid, § 325. Stock in name of, how transferred, § 325. ; Stock in name of, proxy, § 325. ''^ MASTER AND SERVANT, act giving lien to laborers in logging camps, § 3065, note. Act giving lien to laborers on threshing-machines, § 3061, note. Apprenticeship: vSee Apprenticeship. Injury to servant forbidden, § 49. Seduction of servant forbidden, § 49. MECHANIC'S INSTITUTE: See title "Chambers of Com- merce. Boards of Trade and Mechanic's Insti- tutes." 162 MERGER-MINING CORPORATIONS, MERGER. Writing supersedes prior negotiations, § 1625. MESSAGES, (hitv of carriers of to deliver, § 21G1. MINING CORPORATIONS, act for the better protection of stockholders in, § 588, note. Act requiring posting statements, keeping books, etc., § 588, nota. Act permitting inspection of property, § 588, note. Books, right of inspection of, § 588. Consolidation of, § 587'''. Examination of mine with expert, right of, §§ 588, 589. Examination of property and boolcs, right of, § 588. Examination, order for, duty of superintendent on re- ceiving, § 589. Examination, order for, liability of president failing to issue, § 590. Examination, order for, president to issue to stock- holder on application, § 589. Examination, order for, punishment of superintendent failing to obey, § 589. . Inspection of books, right of, § 588. Inspection of reports, accounts and correspondence of superintendent, right of, § 588. Receipts and expenditures, liability of directors failing to make and post, § 590. Receipts and expenditures, monthly report of by super- intendent, § 588. Receipts and expenditures, monthly statement to be published, § 588. Receipts and expenditures, statements of, verification and posting of, § 588. Receipts and expenditures, act relating to posting of statements, § 588, note. Receipts and expenditures, secretary to keep books of, § 588. Stock transfer agencies, establishment in other states authorized, § 586. Stock transfer agencies, governed by by-laws and direct- tors of corporation, § 586. Stock transfer agencies, stock, how transferred at, § 587. Stock transfer agencies, transfer at, validity of, § 586. Superintendent, accounts, correspondence and report open for inspection, § 588. MISDEMEANOTl. 163 Siipcrintenilent, duty of, ou receiving order for exam- ination, § 5S9. Superintendent failing to obey order of examination, punishment of, § 589. Superintendent, monthly report of, § 588. Superintendent, report as to ore and discoveries, § 588. MTP.DEMEANOR. Apprentice, enticing or harboring. § 275. MONGOLIANS, marriage between, and whites forbidden, § 60. MORTGAGES, chattel: See Chattel Mortgages. Insurance by mortgagor assigned to mortgagee, effect of, § 2541. Insurance by mortgagor in favor of mortgagee, effect of, § 2541. MITLATTOES, marriages between, and whites forbidden, § 60. MUNICIPAL CORPORATIONS, franchises for roads for horseless veliicles, § 324. MURDER. One convicted of murdering decedeat not to suc- ceed to estate, § 1409. MUTUAL BENEFIT AND LIFE ASSOCIATIONS. Act re- lating to mutual benefit and relief associations, § 453r7, note. Articles of incorporation, filing of, § 452fl. Articles of incorporation, signing and verification, § 452«. Articles of incorporation, what to contain, § 452a. Assessments, limit on power to levy, § 453. Assessments, power to levy, § 453. By-laws, § 453. Formation of, authorized, § 452a, Formation of, manner of, § 452a. Number of members, § 452a. Powers and liabilities, § 453. MUTUAL INSURANCE ON ASSESSMENT PLAN. Act relating to life, health, accident ^nd annuity or endowment insurance on assessment plan, § 453d, note. Application, contract to be founded on, § 453/. A'pplication, false statement in, punishment for, § 453y. Application, report of physician, § 453';. Articles of incorporation, filing, § 453e. Benefit societies exempt from provision of act, § 453/). Bonds or securities, held in trust for contract holders, § 453e. 164 MUTUAL INSURANCE ON ASSESSMENT PLAN. Bontls or securities, deposit with state treasurer, § 453c. Business, compliance with Political Code prerequisite to soliciting, § 453f. Business to be commenced within year, § 453A CONTRACT OP MARRIAGE. 86 §79. Persons who may be married without license. When unmarried persons, not minors, have been living together as man and wife, they may, without a license, be married by any clergyman. A certificate of such marriage must, by the clergyman, be made and delivered to the parties, and recorded upon the records of the church of which the clergyman is a representative. No other record need be made. En. Stats. 1877-8, 75. Cal.Rep.Cit. 104, 261. §791/^. IVIembers of particular religious denomination. The provisions of this chapter, so far as they relate to procuring licenses and the solemnizing of marriages, are not applicable to members of any particular religious denomination having, as such, any peculiar mode of enter- ing the marriage relation; but such marriages shall be declared, as provided in section seventy-six of the Civil Code of this state, and shall be acknowledged and re- corded, as provided in section seventy-seven of said Civil Code. Where a marriage is declared as is provided in said section seventy-six, the husband shall file said declaration with the county recorder within thirty days after said marriage, and upon receiving the same the county recorder shall record the same; and if the husband fail to make such declaration and file the same for record, as herein provided, he shall be liable to the same penalties as any person authorized to solemnize marriages, and who fails to make the return of such solemnization as provided by law. En. Stats. 1897, 186. Cal.Rep.Cit. 121, 629. 37 DIVORCE. S§ 80, 82 ARTICLE TIL JUDICIAL. DETERMINATION OF VOID MARRIAGES. § 80. Action to have marriage declared void. § 80. Action to have marriage declared void. Either party to an incestuous or void marriage may proceed by action in the superior court, to have the same so declared- En. Stats. 1875-6, 69. Am'd. 1880, 4. CHAPTER XL DIVORCE. Article I. Nullity, §§ 82-86. II. Dissolution, §§ 90-107. III. Causes for Denying Divorce, §§ 111-132. IV. General Provisions, §§ 136-148. ARTICLE L NULLITY. 5 82. Causes for annulling marriages. § 83. Actions therefor, when to be commenced. § 84. Children of annulled marriage. § 85. Custody of children. I 86. Effect of judgment of nullity. .§82. Causes for annulling marriages. A marriage may be annulled for any of the following causes, existing at the time of the marriage: 1. That the party in whose behalf it is sought to have the marriage annulled was under the age of legal consent, and such marriage was contracted without the consent of his or her parents or guardian, or person having charge of him or her; unless, after attaining the age of consent, such party for any time freely cohabited with the other as husband or wife. 2. That the former husband or wife of either party was living, and the marriage with such former husband or wife was then in force. 3. That either party was of unsound mind, unless such party, after coming to reason, freely cohabit with the other as -husband and wife. § 83 DIVORCE. 38 4. That the consent of either party was obtained by fraud, unless such party afterward, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband or wife. 5. That the consent of either party was obtained by force, unless such party afterwards freely cohabited with the other as husband or wife. 6. That either party was, at the time of marriage, physically incapable of entering into the marriage state, and such incapacity continues, and appears to be incurable. En. March 21, 1872. Am'd. 1873-4, 187. Cal.Rep.Cit. 88,565; 99,287. Subd. 2 — 94, 464. Subd. 5— 137, 27. Subd. 4. Consent obtained by fraud: See ante, sec. 58. Subd. 5. Consent obtained by force: See ante, sec. 58. Subd. 6. Physical incapacity: See aiite, sec. 58. § 83. Actions therefor, when to be commenced. An action to obtain a decree of nullity of marriage for causes mentioned in the preceding section, must be commenced within the periods and by the parties as follows: 1. For causes mentioned in subdivision one: by the party to the marriage who was married under the age of legal consent, within four years after arriving at the age of consent; or by a parent, guardian, or other person having charge of such nonaged male or female, at any time before such married minor has arrived at the age of legal consent. 2. For causes mentioned in subdivision two: by either party during the life of the other, or by such former hus- band or wife. 3. For causes mentioned in subdivision three: by the party injured, or relative or guardian of the party of un- sound mind, at any time before the death of either party. 4. For causes mentioned in subdivision four: by the party injured, within four years after the discovery of the facts constituting the fraud. 5. For causes mentioned in subdivision five: by the injured party, within four years after the marriage. 6. For causes mentioned in subdivision six: by the in- jured party, within four years after the marriage. En. March 21, 1872. Am'd. 1873-4, 188. S9 DIVORCE. §S S4-S6 §84. Children of annulled marriage. Where a marriage is annulled on the ground that a former husband or wife v/as living, or on the ground of insanity, children begotten before the judgment are legitimate, and succeed to the estate of both parents, En. March 21, 1872. Cal.Rep.Cit. 57, 491. Legitimate children, who are: See sees. 193-195. See, "''^o, when the question arises in divorce cases for adultery, sees. 144, 145. § 85. Custody of children. The court must award the custody of the children of a marriage annulled on the ground of fraud or force to the innocent parent, and may also provide for their education and maintenance out of the property of the guilty party. En. March 21, 1872. Custody of children In divorce causes: See post, sec. 138. §86. Effect of judgment of nullity. A judgment of nullity of marriage rendered is conclusive only as against the parties to the action and those claiming under them. En. March 21, 1872. Effect of decree for divorce: See post, sec. 91. ARTICLE IL DISSOLUTION OF MARRIAGE. § 90. Marriage, how dissolved. § 91. Effect of divorce. § 92. Causes for divorce. § 93. Adultery defined. § 94. Extreme cruelty, what. § 95. Desertion, what. § 96. Desertion, how manifested. § 97. In case of stratagem or fraud, who commits desertion. § 98. In case of cruelty, where one party leaves the other, who commits desertion. § 99. Separation by consent not desertion. §100. Absence becomes desertion, when. § 101. Consent to separate revocable. § 102. Desertion, how cured. Effect of refusing condonation. § 103. Wife must abide by husband's selection of home or it Is desertion on her part. § 104. If the place is unfit, and wife refuses to conform, it is desertion by the husband. § 105. Willful neglect, what. § 106. Habitual intemperance, what. § 107. Habitual intemperance, etc., for one year. §§ 90-04 DIVORCE. 40 § 90. Marriage, how dissolved. Marriage Is dissolved only: 1. By the death of one of the parties; or, 2. By the judgment of a court of competent jurisdiction decreeing a divorce of the parties. En. March 21, 1872. Am'd. 1873-4, 189. Cal.Rep.Cit. 137, 27; 137, 134; 137, 137; 137, 138; 137, 139; 137, 144. §91. Effect of divorce. The effect of a judgment decree- ing a divorce is to restore the parties to the state of un- married persons. En. March 21, 1872. Am'd. 1873-4, 189. Cal.Rep.Cit. 137. 133; 137. 134; 137. 137; 137. 138; 137, 139; 137. 144. § 92. Causes for divorce. Divorces may be granted for any of the following causes: 1. Adultery. 2. Extreme cruelty. 3. Willful desertion. 4. Willful neglect. 5. Habitual intemperance. 6. Conviction of felony. En. March 21, 1872. Am'd. 1873-4, 189. Cal.Rep.Cit. 51,544; 74,492; 85, 256 ; 126, 128. Subd. 3— 135, 397. Alimony: See post, sees. 136 et seq. Community property, and its disposition under proceed- ings for divorce: See post, sees. 141 et seq. § 93. Adultery defined. Adultery is the voluntary sexual intercourse of a married person with a person other than the offender's husband or wife. En. March 21, 1872. Cal.Rep.Cit. 51, 544. Open and notorious adultery is punished by act of May 15, 1872. See Stats. 1871-2, p. 380. § 94. Extreme cruelty, what. Extreme cruelty Is the infliction of grievous bodily injury or grievous mental suffering upon the other by one party to the marriage. En. March 21, 1872. Cal.Rep.Cit. 51,544; 85,256; 85,267; 85,269; 86,224; 95, 176: 124, 652. 41 DIVORCE. §§9C-1„0 § 95. Desertion, what. Wiliiul desertion is the volun- tary separation of one of the married parties from the other with intent to desert. En. March 21, 1872. Cal.Rep.Cit. 51, 544; 65, 632; 122. 255; 122, 256; 130, 577; 134, 89. § 96. Desertion, how manifested. Persistent refusal to have reasonable matrimonial intercourse as husband and wife, when health or physical condition does not make such refusal reasonably necessary, or the refusal of either party to dwell in the same house with the other party, when there is no Just cause for such refusal, is desertion. En. March 21, 1872. Cal.Rep.Cit. 51, 544; 136, 196; 137, 560. § 97. In case of stratagem or fraud, who commits deser- tion. When one party is induced, by the stratagem or fraud of the other party, to leave the family dwelling- place, or to be absent, and during such absence the offend- ing party departs with intent to desert the other, it is desertion by the party committing the stratagem or fraud, and not by the other. En. March 21, 1872. Cal.Rep.Cit. 51, 544; 74, 613. § 98. In case of cruelty, where one party leaves the other, who commits desertion. Departure or absence of one party from the family dwelling-place, caused by cruelty or by threats of bodily harm, from which danger would be reasonably apprehended from the other, is not desertion by the absent party, but it is desertion by the other party. En. March 21, 1872. Cal.Rep.Cit. 51, 544; 74, 613; 86, 224; 122, 397; 122, 398; ' 134, 207. § 99. Separation by consent not desertion. Separation by consent with or without the understanding that one of the parties will apply for a divorce, is not desertion. En. March 21, 1872. Cal.Rep.Cit. 74, 613; 106, 544. Consent revocable: See infra, sec. 101. § 100. Absence becomes desertion, when. Absence or separation, proper in itself, becomes desertion whenever the intent to desert is fixed during such absence or separa- tion. En. March 21, 1872. Am'd. 1873-4, 189. Cal.Rep.Cit. 106, 544. ' §§101-105 DIVORCE. 42 § 101. Consent to separate revocable. Consent to a separation is a revocable act, and if one of tiie parties afterward, in good faith, seelis a reconciliation and restora- tion, but the other refuses it, such refusal is desertion. En. March 21, 1872. Cal.Rep.Cit. 105, 543; 106, 544; 134, 347. § 102. Desertion, how cured. Effect of refusing con- donation. If one pai-ty deserts the other, and before the expiration of the statutory period required to make the desertion a cause of divorce, returns and offers in good faith to fulfill the marriage contract, and solicits con- donation, the desertion is cured. If the other party refuse such offer and condonation, the refusal shall be deemed and treated as desertion by such party from tlie time of refusal. En. March 21, 1872. Am'd. 1873-4, 190. Cal.Rep.Cit. 65, 632 ; 123, 654 ; 123, 656 ; 126, 128. § 103. Wife must abide by Inusband's selection of home or it is desertion on her part. The husband may chose any reasonable place or mode of living, and if the wife does not conform thereto, it is desertion. En. March 21, 1872. Cal.Rep.Cit. 136, 203. Same principle: Post, sec. 156. Separate domicile for purposes of divorce proceeding: See infra, sec. 129. § 104. If the place is unfit, and wife refuses to conform, it is desertion by the husband. If the place or mode of living selected by the husband is unreasonable and grossly unfit, and the wife does not conform thereto, it is desertion on the part of the husband from the time her reasonable objections are made known to him. En. March 21, 1872. Cal.Rep.Cit. 74, 613. § 105. Willful neglect, what. Willful neglect is the neglect of the husband to provide for his wife the common necessaries of life, he having the ability to do so; or it is the failure to do so by reason of idleness, profligacy, or dissipation. En. March 21, 1872. Cal.Rep.Cit. 51, 544; 104, 296; 130. 577. Duration of neglect: See infra, sec. 169. 43 DIVORCE. §§ 106-111 § 106. Habitual intemperance, what. Habitual intem- perance is that degree of intemperance from the use of intoxicating drinks which disqualifies the person a great portion of the time from properly attending to business, or which would reasonably inflict a course of great mental anguish upon the innocent party. En. March 21, 1872. Cal.Rep.Cit. 62, 178; 80, 529; 96, 7; 130, 577. Duration of intemperance: See next section. § 107. Habitual intemperance, etc., for one year. Willful desertion, v/illful neglect, or habitual intemperance must continue for one year before either is a ground for divorce. En. March 21, 1872. Cai.Rep.Cit. 74, 613; 122, 255; 123, 654; 135, 397. ARTICLE III. CAUSES FOR DENYING DIVORCE, § 111. Divorces denied, on showing wliat. § 112. Connivance, what. § 113. Corrupt consent, how manifested. § 114. Collusion, what. § 115. Condonation, what. § 116. Requisites to condonation. § 117. Condonation implies what. § 118. Evidence of condonation § 119. Condonation can only be made when. § 120. Concealment of facts in certain cases makes condonation void. § 121. Condonation, how revoked. § 122. Recrimination, what. § 123. Condonation, when to bar defense. § 124. Divorces denied, when. § 125. Lapse of time establishes certain presumptions. § 126. Presumptions may be rebutted. § 127. Limitation of time. § 128. Residence of plaintiff. § 129. Proof of actual residence required. Presumptions do not apply. § 130. Divorce not to be granted by default, etc. § iSl. Interlocutory judgment. § 132. Pinal judgment after one year. §111. Divorces denied, on showing what. Divorces must be denied upon showing: 1. Connivance; or, 2. Collusion; or, 3. Condonation; or, 4. Recrimination; or, ' 5. Limitation and lapse of time. En. March 21, 1872. Cal.Rep.Cit. 74, 613. 5§ 112-118 DIVORCE. 44 §112. Connivance, what. Connivance is the corrupt consent of one party to the commission of the acts of the other, constituting the cause of divorce. En. March 21, 1872. Cal.Rep.Clt. 121, 12. § 113. Corrupt consent, how manifested. Corrupt con- sent is manifested by passive permission, with intent to connive at or actively procure the commission of the acts complained of. En. March 21, 1872. §114. Collusion, what. Collusion is an agreement be- tween husband and wife that one of them shall commit, or appear to have committed, or to be represented in court as having committed, acts constituting a cause of divorce, for the purpose of enabling the other to obtain a divorce. En. March 21, 1872. Cal.Rep.Cit. 65, 355 ; 121, 12. §115. Condonation, what. Condonation is the con- ditional forgiveness of a matrimonial offense constituting a cause of divorce. En. March 21, 1872. Cal.Rep.Cit. 102, 438; 123, 656. Revoking condonation: Sec. 121, infra. Condonation of recriminatory defense: Post, sec. 123. § 116. Requisites to condonation. The following re- quirements are necessary to condonation: 1. A knowledge on the part of the condoner of the facts constituting the cause of divorce; 2. Reconciliation and remission of the offense by the injured party; 3. Restoration of the offending party to all marital rights. En. March 21, 1872. * Cal.Rep.Cit. 95, 446; 102, 438. § 117. Condonation implies what. Condonation implies a condition subsequent; that the forgiving party must be treated with conjugal kindness. En. March 21, 1872. Cal.Rep.Cit. 117, 446 ; 120, 189. § 118. Evidence of condonation. Where the cause of divorce consists of a course of offensive conduct, or arises, ' in cases of cruelty, from excessive acts of ill-treatment, 45 DIVORCE. §§ 119-123 which may, aggregately, constitute the offense, cohabita- tion, or passive endurance, or conjugal kindness shall not be evidence of condonation of any of the acts con- stituting such cause unless accompanied by an express agreement to condone. En. March 21, 1872. Am'd. 1873-4, 190. Cal.Rep.Cit. 117, 447; 119, 188; 119, 192; 132, 476. § 119. Condonation can only be made when. In cases mentioned in the last section, condonation can be made only after the cause of divorce has become complete, as to the acts complained of. En. March 21," 1872. Am'd. 1873-4, 190. § 120. Concealment of facts in certain cases makes con- donation void. A fraudulent concealment by the condonee of facts constituting a different cause of divorce from the one condoned, and existing at the time of condonation, avoids such condonation. En. March 21, 1872. § 121. Condonation, liow revoked. Condonation is re- voked and the original cause of divorce revived: 1. When the condonee commits acts constituting a like or other cause of divorce; or, 2. When the condonee is guilty of great conjugal un- kindness, not amounting to a cause of divorce, but suf- ficiently habitual and gross to show that the conditions of condonation had not been accepted in good faith, or not fulfilled. En. March 21, 1872. Cal.Rep.Cit. 120, 189; 121, 12. § 122. Recrimination, what. Recrimination is a showing by the defendant of any cause of divorce against the plain- tiff, in bar of the plaintiff's cause of divorce. En. March 21, 1872. Cal.Rep.Cit. 63, 353; 74, 492; 119, 189. § 123. Condonation, when to bar defense. Condonation of a cause of divorce, shown in the answer as a recrimina- tory defense, is a bar to such defense, unless the con- donation be revoked, as provided in section one hundred land twenty-one, or two years have elapsed after the con- donation, and before the accruing or completion of the 5§ 124-129 DIVORCE. 48 cause of divorce against which the recrimination is shown. En. March 21, 1872. Am'd. 1873-4, 190. § 124. Divorces denied, when. A divorce must be denied: 1. When the cause is adultery, and the action is not commenced witliin two years after the commission of the act of adultery, or after its discovery by the injured party; or, 2. When the cause is conviction of felony, and the action is not commenced before the expiration of two years after a pardon, or the termination of the period of sentence. 3. In all other cases when there is an unreasonable lapse of time before the commencement of the action. En. March 21, 1872. Am'd. 1873-4, 191. Cal.Rep.Cit. 74, 613; 104, 296. Subd. 3—121, 12. § 125. Lapse of time establishes certain presumptions. Unreasonable lapse of time is such a delay in commencing the action as establishes the presumption that there has been connivance, collusion or condonation of the offense, or full acquiescence in the same, with intent to continue the marriage relation, notwithstanding the commission of such offense. En. March 21, 1872. Cal.Rep.Cit. 121, 12. § 126. Presumptions may be rebutted. The presump- tions arising from lapse of time may be rebutted by show- ing reasonable •grounds for the delay in commencing the action. En. March 21, 1872. J § 127. Limitation of time. There are no limitations of time for commencing actions for divorce, except such as are contained in section 124. En. March 21, 1872. § 128. Residence of plaintiff. A divorce must not be granted unless the plaintiff has been a resident of the state for one year, and of the county in which the action is brought three months next preceding the commencement of the action. En. March 21, 1872. Am'd. 1891, 52. Cal.Rep.Cit. 74, 613; 100, 13; 100, 15; 100, 17; 128, 332. § 129. Proof of actual residence required. Presumptions do not apply. In actions for divorce the presumption of 47 DIVORCE. §§ 130-132 law, that the domicile of the husband is the domicile of the wife, does not apply. After separation, each may have a separate domicile, depending for proof upon actual resi- dence, and not upon legal presumptions. En. March 21, 1872. Cal.Rep.Cit. 66, 310 ; 128, 274 ; 132, 92. § 130. Divorce not to be granted by default, etc. No divorce can be granted upon the default of the defendant, or upon the uncorroborated statement, admission, or testi- mony of the parties, or upon any statement or finding of fact made by a referee; but the court must, in addition to any statement or finding of the referee, require proof of the facts alleged, and such proof, if not taken before the court, must be upon written questions and answers. En. March 21, 1872. Am'd. 1873-4, 191. Cal.Rep.Cit. 49, 94; 63,580; 65,355; 67, 24; 74,614; 86, 221; 88, 48; 94, 227; 120, 37; 120, 186; 124, 58. § 131. Interlocutory judgment. In actions for divorce the court must file its decision and conclusions of law as in other cases, and if it determines that no divorce shall be granted, final judgment must thereupon be entered accord- ingly. If it determines that the divorce ought to be granted an interlocutory judgment must be entered, declaring that the party in whose favor the court decides is entitled to a divorce, and from such interlocutory judgment an appeal may be taken within six months after its entry, in the same manner and with like effect as if the judgment were final. En. Stats. 1903, 75. § 132. Final judgment after one year. When one year has expired after the entry of such interlocutory judg- ment, the court on motion of either party, or upon its own motion, may enter the final judgment grant- ing the divorce, and such final judgment shall restore them to the status of single persons, and permit either to marry after the entry thereof; and such other and further relief as may be necessary to complete disposition of the action, but if any appeal is taken from the inter- locutory judgment or motion for a new trial made, final judgment shall not be entered until such motion or appeal has been finally disposed of, nor then, if the motion has been granted or judgment reversed. The death of either §§ 136, 137 DIVORCE. 48 party after the entry of the interlocutory judgment does not impair the power of the court to enter final judgment as hereinbefore provided; but such entry shall not validate any marriage contracted by either party before the entry of such final judgment, nor constitute any defense of any criminal prosecution made against either. En. Stats. 1903, 76. ARTICLE IV. GENERAL PROVISIONS. § 136. Relief may be adjudged in some cases, where separation is denied. § 137. Expense of action, alimony. 1 138. Orders respecting custody of children. § 139. Support of wife and children on divorce or separation granted to wife. § 140. Security for maintenance and alimony. § 141. Court shall resort to what, in executing certain sections. § 142. If wife has sufficient for her support, court may withhold allowance. § 143. Community and separate property may be subjected to sup- port and educate children. § 144. Legitimacy of issue. § 145. Same. § 146. Disposition of community property on divorce. § 147. Same. § 148. Such an action subject to revision on appeal. § 136. Relief may be adjudged in some cases, where separation is denied. Though judgment of divorce is denied, the court may, in an action for divorce, provide for the maintenance of the wife and her children, or any of them by the husband. En. March 21, 1872. Cal.Rep.Cit. 68,589; 68,590; 74,611; 74,612; 74,614; 79, 338; 79, 339; 124, 53; 124, 54; 124, 55; 126, 126; 126, 127 ; 126, 129. Alimony generally: See next section. § 137. Expense of action, alimony. When an action for divorce is pending, the court may, in its discretion, require the husband to pay as alimony any money neces- sary to enable the wife to support herself or her children, or to prosecute or defend the action. When the husband willfully deserts the wife, she may, without applying for a divorce, maintain in the superior court an action against him for permanent support and maintenance of herself or of herself and children. During the pendency of such 49 DIVORCE. §§ 138, 139 action the court may, in its discretion, require the husband to pay as alimony any money necessary for the prosecution of the action and for support and maintenance, and execu- tions may issue therefor in the discretion of the court. The final judgment in such action may be enforced by the court by such order or orders as in its discretion it may from time to time deem necessary, and cuch order or orders may be varied, altered or revoked at the dis- cretion of the court. En. March 21, 1872. Am'd. 1877-8, 76; 1880, 4. Cal.Rep.Cit 55, 320; 67, 177; 67, 201; 67, 203 75, 38 79, 339 80, 144; 83, 4G3; 91, 431; 95, 342 97, 126 97, 127 98, 321; 99, 621; 100, 494 ; 104, 47 104, 297 109, 545 109, 649,; 113, 271; 115, 273; 115, 275 117, 634 122, 397 123, 654; 124, 395; 124, 397; 126, 125 126, 126 126, 127 126, 128; 126, 129; 135, 125; 136, 304 137. 226. See sec. 1 39, infra. § 138. Orders respecting custody of children. In an action for divorce the court may, before or after judgment, give such direction for the custody, care, and education of the children of the marriage as may seem necessary or proper, and may at any time vacate or modify the same. En. March 21, 1872. Cal.Rep.Cit. 95, 377; 104, 48; 105, 261; 106, 380; 114, 545; 118, 21; 120. 146; 120, 147; 125, 68; 125, 69; 125, 70; 135, 193; 137, 495. Exclusive control of child without divorce: Sees. 199, 214. Awarding custody of child, considerations that should guide the court: See, post, sec. 246. § 139. Support of wife and children on divorce or sep- aration granted to wife. Where a divorce is granted for an offense of the husband, the court may compel him to pro- vide for the maintenance of the children of the marriage, and to make such suitable allowance to the wife for her support, during her life, or for a shorter period, as the court may deem just, having regard to the circumstances of the parties respectively; and the court may,' trom time to time, modify its orders in these respects. En. March 21, 1872. 52, 384; 59, 418 82, 112; 83. 463 104, 47; 105, 261 Cal.Rep.Cit. 79, 603; 102, 440; 125. 68. Compare with sec. 148. Civ. Code— 3 75, 46; 79. 515; 79. 602; 83, 465; 94. 255; 95. 377; 114, 545; 114, 547; 124, 588; §§ 140-145 DIVORCE. 50 § 140. Security for maintenance and alimony. The court may require the husband to give reasonable security for providing maintenance or malting any payments re- quired under the provisions of this chapter, and may enforce the same by the appointment of a receiver, or by any other remedy applicable to the case. En. March 21, 1872. Cal.Rep.Cit. 67, 202; 111, 495; 114, 546; 115, 274; 115, 275; 116, 51; 123, 200; 124, 55; 124, 589; 126, 129. § 141. Court shall resort to what, in executing certain sections. In executing the five preceding sections the court must resort: 1. To the community property; then, 2. To the separate property of the husband. En. March 21, 1872. Cal.Rep.Cit. 67, 202; 83, 466; 114, 547; 115, 275. § 142. If wife has sufficient for her support, court may withhold allowance. When the wife has either a separate estate, or there is community property sufficient to give her alimony or a proper support, the court, in its discretion, may withhold any allowance to her out of the separate property of the husband. En. March 21, 1872. § 143. Community and separate property may be sub- jected to support and educate children. The community property and the separate property may be subjected to the support and education of the children in such propor- tions as the court deems just. En. March 21, 1872. § 144. Legitimacy of issue. When a divorce is granted for the adultery of the husband, tlje legitimacy of children of the marriage begotten of the wife before the commence- ment of the action is not affected. En. March 21, 1872. Legitimacy of children: See generally, post, sec. 193. See, also, the next section. § 145. Same. When a divorce is granted for the adultery of the wife, the legitimacy of children begotten of her before the commission of the adultery is not affected; but the legitimacy of other children of the wife may be determined by the court, upon the evidence in the case. En. March 21, 1872. 61 DIVORCE. §§ 146-148 § 146. Disposition of community property on divorce- In case of the dissolution of the marriage by the decree of a court of competent jurisdiction, the community property and the homestead shall be assigned as follows: 1. If the decree be rendered on the ground of adultery or extreme cruelty, the community property shall be assigned to the respective parties in such proportions as the court, from all the facts of the case, and the condition of the parties may deem just. 2. If the decree be rendered on any other ground than that of adultery or extreme cruelty, the community prop- erty shall be equally divided between the parties. 3. If a homestead has been selected from the com- munity property, it may be assigned to the innocent party, either absolutely, or for a limiited period, subject, in the latter case, to the future disposition of the court, or it may, in the discretion of the court, be divided, or be sold and the proceeds divided, 4. If a homestead has been selected from the separate property of either, it shall be assigned to the former owner of such property, subject to the power of the court to assign it for a limited period to the innocent party. En. March 21, 1872. Am'd. 1873-4, 191. Cal.Rep.Cit. 47, 64; 63, 77; 75, 46; 75,439; 83,465; 97, 191; 102, 340; 106, 513; 106, 613; 106, 614; 114, 546. Subd. 1—112, 277; 134, 379; 134, 380. Subd. 3 — 73, 429; 80, 239; 124. 653. Subd. 4 — 78, 316; 117, 409; 121, 95; 124, 588; 129, 292. Discretion of court: See sec. 148. § 147. Same. The court, in rendering a decree of di- vorce, must make such order for the disposition of the community property, and of the homestead, as in this chapter provided, and whenever necessary for that pur- pose, may order a partition or sale of the property and a division or other disposition of the proceeds. En. March 21, 1872. Am'd. 1873-4, 192. Cal.Rep.Cit. 47, 64; 75, 414; 83, 465; 106, 513; 112, 278. § 148. Such an action subject to revision on appeal. The disposition of the community property, and of the home- stead, as above provided, is subject to revision on appeal in all particulars, including those which are stated to be §§ 155, 156 HUSBAND AND WIFE. S? in the discretion of the court. En. March 21, 1872. Am'd. 1873-4, 192. Cal.Rep.Cit. 60. 580; 67, 212; 75, 415; 97, 191; 97, 192; 111, S9; 112, 278; 134, 379. CHAPTER III. HUSBAND AND WIFE. § 155. Mutual obligations of husband and wife. § 156. Rights of husband, as head of family. § 157. In other respects their interest separate. § 158. Husband and wife may make contracts. § 159. How tar may alter their legal relations. § 160. Consideration for agreement of separation. § 161. May be joint tenants, etc. § 162. Separate property of the wife. § 163. Separate property of the husband. § 164. Community property. Conveyances by married woman. Limitations. § 165. Inventory of separate property of wife. § 166. Filing inventory notice of wife's title. § 167. Community property, contract by wife. § 168. Earnings of wife not liable for debts of husband. § 169. Earnings of wife when living separate, separate property. I 170. Liability for debts of wife contra( ted before marriage. 5 171. Wife's property not liable for debts of the husband, but liable for her own debts. § 172. Power of the husband over community property. § 173. Courtesy and dower not allowed. § 174. Support of wife. § 175. Husband not liable when abandoned by wife. § 176. When wife must support husband. I 177. Rights of husband and wife governed by what. § 178. Marriage settlement contracts, how executed. § 179. To be acknowledged and recorded. § 180. Effect of recording. § 181. Minors may make marriage settlements. § 155. MutuaJ obligations of iiusband and wife. Hus- band and wife contract toward each otlier obligations of mutual respect, fidelity, and support. En. March 21, 1872. Cal.Rep.Cit. 75, 36; 82, 417; 92, 655; 117, 635; 130, 286. Mother aiding in support of children: Post, sec. 196. Wife's support of husband: See infra, sec. 176. Husband's support of wife: See infra, sees. 174, 175, and ante, sec. 105, where the failure so to do gives ground for divorce. § 156. Rights of husband, as head of family. Ine hus- band is the head of the family. He may choose any reason- able place or mode of living, and the wife must conform thereto. En. March 21, 1872. Cal.Rep.Cit. 67, 391; 123, 655; 137, 275. 68 HUSBAND AND WIFB. 157-160 Head of family for homestead purposes: See post, sec. 1261. Parent changing residence of child: Post, sec. 213. Husband's selection of dwelling-place, desertion if wife does not conform thereto: Sec. 103. § 157. In other respects their interests separate. Nei- ther husband nor wife has any interest in the property of the other, but neither can be excluded from the other's dwelling. En. March 21, 1872. Cal.Rep.Cit. 115. 272; 135, 125. § 158. Husband and wife may make contracts. Either husband or wife may enter into any engagement or transac- tion with the other, or with any other person, respecting property, which either might if unmarried; subject, in transactions between themselves, to the general rules which control the actions of persons occupying confidential relations with each other, as defined by the title on Trusts. En. March 21, 1872. Cal.Rep.Cit 52. 335 53, 459 53, 460 54, 178; 54, 179 55, 58 59, 513 59, 516 64, 398 64, 399; 67, 294 67, 540 70, 252 70, 285 73, 585 74, 348 ; 74, 349 75, 528 78, 312 83, 278 87, 649 94, 461; 96, 439 96, 610 96, 611 97, 134 97, 262 98, 460; 100, 279 100, 280 103, 100 103, 101 106, 455 114, 568; 115, 672 120, 323, 120, 324 120, 326 121, 94 122, 366; 123, 496 126, 33 129. 289 130, 393 134, 172 134, 173; 134, 174 134, 175 134, 606 135, 317 137, 693 137, 695 ; 137, 697 § 159. How far may alter their legal relations. A hus- band and wife cannot, by any contract with each other, alter their legal relations, except as to property, and ex- cept that they may agree, in writing, to an immediate sepa- ration, and may make provision for the support of either of them and of their children during such separation. En. March 21, 1872. Am'd. 1873-4, 193. Cal.Rep.Cit. 53,459; 54,178; 64,399; 73,585; 96,439; 100, 279; 106, 455; 106, 545; 118, 501; 121, 94; 122, 366; 126, 33. Marriage settlements: Post, sees. 177-181. § 160. Consideration for agreement of separation. The mutual consent of the parties is a sufficient consideration for such an agreement as is mentioned in the last section. En. March 21, 1872. §J 161-164 HUSBAND AND WIFE. 54 § 161. May be joint tenants, etc. A husband and wife may hold property as joint tenants, tenants in common, or as community property. En. March 21, 1872. Cal.Rep.Cit. 53, 459; 53, 460; 70, 285; 116, 341; 116, 343; 131, 67. § 162. Separate property of the wife. All property of the wife, owned by her before marriage, and that acquired afterwards by gift, bequest, devise, or descent, with the rents, issues, and profits thereof, is her separate property. The wife may, without the consent pf her husband, convey her separate property. En. March 21, 1872. Cal.Rep.Cit. 49, 192 ; 53, 459 70, 426; 70, 284; 80, 67 105, 691; 106, 612; 109, 59 134, 606. 54, 178 87, 468 110. 425 55, 56; 55, 58 94, 429 ; 95, 352 132, 323; 134, 604 § 163. Separate property of the husband. All property owned by the husband before marriage, and that acquired afterwards by gift, bequest, devise, or descent, with the rents, issues, and profits thereof, is his separate property. En. March 21, 1872. Cal.Rep.Cit. 70,284; 79,310; 87,468; 94,429; 106,612; 109, 59; 132, 323; 134, 604. Community property: See the definition, sec. 687. Community property liable for what debts: Sec. 167. Husband's control over community property: Sec. 172. Descent of community property: Post, sees. 1401, 1402. § 164. Community property. Conveyances by married woman. Limitations. All other property acquired after marriage by either husband or wife, or both, is community property; but whenever any property is conveyed to a married woman by an instrument in writing, the presump- tion is that the title is thereby vested in her as her separate property. And in case the conveyance be to such married woman and to her husband, or to her and any other per- son, the presumption is that the married woman takes the part conveyed to her, as tenant in common, unless a dif- ferent intention is expressed in the instrument, and the presumption in this section mentioned is conclusive in favor of a purchaser or incumbrancer in good faith and for a valuable consideration. And in cases where married women have conveyed or shall hereafter convey, real proi>- 65 HUSBAND AND WIFE. §§ 165-167 erty which they acquired prior to May nineteenth, eighteen hundred and eighty-nine, the husbands, or their heirs or assigns, of such married women, shall be barred from com- mencing or maintaining any action to show that said real property was community property, or to recover said real property, as follows: As to conveyances heretofore made from and after one year from the date of the taking effect of this act; and as to conveyances hereafter made from and after one year from the filing for record in the recorder's office of such conveyances respectively. En. March 21, 1872. Am'd. 1889, 328; 1893, 71; 1897, 63. Cal.Rep.Cit. 70,284; 70,426; 80, 48; 83,529; 87,468; 94, 429; 98, 267; 101, 565; 105, 691; 106, 361; 106, 612; 109, 59; 109, 60; 122, 360; 122, 361; 124, 218; 125, 13; 126, 32; 132, 322; 132, 323; 134, 405; 134, 406; 134, 604; 134, 606; 136, 33; 138, 571. § 165. Inventory of separate property of wife. A full and complete inventory of the separate personal property of the wife may be made out and signed by her, acknowl- edged or proved in the manner required by law for the acknowledgment or proof of a grant of real property by an unmarried woman, and recorded in the office of the re- corder of the county in which the parties reside. En. March 21, 1872. Cal.Rep.Cit. 67,459; 81, 95; 81, 96; 83^ 278 ; 102, 551 ; 124, 202; 124, 203; 124, 204. § 166. Filing inventory notice of wife's title. The filing of the inventory in the recorder's office is notice and prima facie evidence of the title of the wife. En. March 21, 1872. Am'd. 1873-4, 193. Cal.Rep.Cit. 67, 459; 81, 95; 81, 96; 83, 278; 124, 202. § 167. Community property, contract by wife. The property of the community is not liable for the contracts of the wife, made after marriage, unless secured by a pledge or mortgage thereof executed by the husband. En. March 11, 1872. Am'd. 1873-4, 193. Cal.Rep.Cit. 53,459; 54,178; 54,623; 58,119; 62,639; 96, 611; 112, 398; 116, 342. Debts of wife: See sees. 170, 171, 174. Community property is liable for husband's debts: Sec. 172. Necessaries furnished wife: See sec. 174. §§ 168-172 HUSBAND AND WIFE. <|5U § 168. Earnings of wife not liable for debts of husband. The earnings of the wife are not liable for the debts of the husband. En. March 21, 1872. Cal.Rep.Cit. 53, 459; 63, 391; 70, 426; 116, 342; 121, 25. § 169. Earnings of wife when living separate, separate property. The earnings and accumulations of the wife, and of her minor children living with her or in her custody, while she is living separate from her husband, are the separate property of the wife. En. March 21, 1872. Cal.Rep.Cit. 53,459; 70,426; 71,426; 79,202; 8V, 468 ; 94, 429; 116, 342. Sole traders — As to married women becoming sole trad- ers, and their rights and liabilities as such, see Code Civ. Proc, sees. 1811-1821, inclusive. § 170. Liability for debts of wife contracted before nnarriage. The separate property of the husband is not li- able for the debts of the wife contracted before the mar- riage. En. March 21, 1872. Cal.Rep.Cit.' 119, 146; 53, 460; 70, 285; 71, 422; 121, 25; 137, 276. § 171. Wife's property not liable for debts of the hus- band, but liable for her own debts. The separate property of the wife is not liable for the debts of her husband, but is liable for her own debts, contracted before or after marriage. En.*March 21, 1872. Cal.Rep.Cit. 53, 460; 54, 178; 121, 25. § 172. Power of the husband over community property. The husband has the management and control of the community property, with the like absolute power of dispo- sition, other than testamentary, as he has of his separate estate; provided, however, that he cannot make a gift of such community property, or convey the same without a valuable consideration, unless the wife, in writing, consent thereto; and provided also, that no sale, conveyance or in- cumbrance of the furniture, furnishings and fittings of the home, or of the clothing and wearing apparel of the wife or minor children, which is community property shall be made without the written consent of the wife. En. March 21, 1872. Am'd. 1891, 425; 1900-01, 598. Cal.Rep.Cit. 58,119; 70,245; 81,242; 85,283; 87,46%; 112, 397; 116, 340; 116, 342; 116, 344; 116, 350; 135, 125; 137, 356. 57 HUSBAND AND WIFE. §§ 173-177 Testamentary control over community property: See post, sees. 1401, 1402, which prescribe the course of descent of common property, and limit the power of testamen- tary disposition over the same. Community property generally: See supra, sec. 164. Dissolution of the community by divorce: See sees. 147, 148. § 173. Courtesy and dower not allowed. No estate Is allowed the husband as tenant by courtesy upon the death of his wife, nor is any estate in dower allotted to the wife upon the death of her husband. En. March 21, 1872. Cal.Rep.Cit. 74, 103. § 174. Support of wife. If the husband neglect to make adequate provision for the support of his wife, except in the cases mentioned in the next section, any other person may, in good faith, supply her with articles necessary for her support, and recover the reasonable value thereof from the husba.id. En. March 21, 1872. Am'd. 1873-4, 193. Cal.Rep.Cit. 69, 522; 69, 523; 100, 346; 129, 20; 129, 23. § 175. Husband not liable when abandoned by wife. A husband abandoned by his wife is not liable for her support until she offers to return, unless she was justified, by his misconduct, in abandoning him; nor is he liable for her support when she is living separate from him, by agree- ment, unless such support is stipulated in the agreement. En. March 21, 1S72. Am'd. 1873-4, 193. Cal.Rep.Cit. 54, 397; 69, 522. § 176. When wife must support husband. The wife must support the husband, when he has not deserted her, out of her separate property, when he has no separate property, and there is no community property, and he is unable, from infirmity, to support himself. En. March 21, 1872. Am'd. 1873-4, 194. Cal.Rep.Cit. 117, 634; 117, 636. Mutual obligations of support: See ante, sec. 155. § 177. Rights of husband and wife governed by what. The property rights of husband and wife are governed by this chapter, unless there is a marriage settlement con- taining stipulations contrary thereto. En. March 21, 1872. Cal.Rep.Cit. 87, 647. SS 178-181 HUSBAND AND WIFE. 58 § 178. Marriage settlement contracts, how executed. All contracts for marriage settlements must be in writing, and executed and acknowledged or proved in like manner as a grant of land is required to be executed and acknowl- edged or proved. En. March 21, 1872. Cal.Rep.Cit. 75, 300. § 179. To be acknowledged and recorded. When such contract is acknowledged or proved, it must be recorded in the office of the recorder of every county in which any real estate may be situated which is granted or affected by such contract. En. March 21, 1872. § 180. Effect of recording. The recording or nonrecord- Ing of such contract has a like effect as the recording or nonrecording of a grant of real property. En. March 21, 1872. § 181. Minors may make marriage settlements. A minor capable of contracting marriage may make a valid marriage settlement. En. March 21, 1872. Cal.Rep.Cit. 87, 647. TITLE II. PARENT AND CHILD. Chapter I. By Birth, §§ 193-215. II. By Adoption, §§ 221-230. CHAPTER I. CHILDREN BY BIRTH. § 193. Legitimacy of children born in wedlock. § 194. Ciiildren after dissolution of marriage. § 195. Who may dispute the legitimacy of a child. I 196. Obligation of parents for the support and education of their children. § 197. Custody of legitimate child. § 198. Husband and wife living separate, neither to have superior right to custody of children. § 199. "When husband or wife may bring action for the exclusive control of children. Decree in such cases. § 200. Custody of an illegitimate child. § 201. Allowance to parent. § 202. Parent cannot control the property of child. § 203. Remedy for parental abuse. § 204. "When parental authority ceases. § 205. Remedy when a parent dies without providing for the sup- port of his child. § 206. Reciprocal duties of parents and children in maintaining each other. § 207. When a parent is liable for necessaries supplied to a child. § 208. When a parent is not liable for support furnished his child. § 209. Husband not bound for the support of his wife's children by a former marriage. § 210. Compensation and support of adult child. § 211. Parent may relinquish services and custody of child. § 212. Wages of minors. § 213. Right of parent to determine the residence of child. § 214. Wife in certain cases may obtain custody of miuor children. § 215. Child legitimized by marriage of parents. § 193. Legitimacy of children born in wedlock. All chil- dren l)orn in "wediocls; are presumed to be legitimate. En. March 21, 1872. Cal.Rep.Cit. 75, 381; 137, 300. Legitimacy of children of nullified marriage: See ante, sec. 84. Legitimacy in cases of adultery: See ante, sees. 144, 145. Rebutting presumption of legitimacy: Sec. 195, infra. Legitimating children by marriage of parents: See post, sec. 215. §§ 194-iy7 CHILDREN BY BIRTH. 60 Father legitimating child by acknowledging it: Sec. 230; and compare post, sec. 1387. Mother entitled to custody of illegitimate unmarried minor: See post, sec. 200. Illegitimate's earnings: See sec. 200. Illegitimates, heirs to whom: Post, sec. 1387. Mother succeeds to estate of illegitimate: Post, sec. 1388. § 194. Children after dissolution of marriage. All chil- dren of a woman who has been married, born within ten months after the dissolution of the marriage, are presumed to be legitimate children of that marriage. En. March 21, 1872. Am'd. 1873-4, 194. Cal.Rep.Cit. 75, 381; 137, 134. § 195. Who may dispute the legitimacy of a child. The presumption of legitimacy can be disputed only by the husband or wife, or the descendant of one or both of them. Illegitimacy, in such case, may be proved like any other fact. En. March 21, 1872. Cal.Rep.Cit. 75, 381; 137, 303. § 196. Obligation of parents for the support and educa- tion of their children. The parent entitled to the custody of a child must give him support and education suitable to his circumstances. If the support and education which the father of a legitimate child is able to give are inade- quate, the mother must assist him to the extent of her ability. En. March 21, 1872. Cal.Rep.Cit. 71, 497; 95, 378; 109, 648; 130, 382; 134, 116. Action to enforce parental duty: Sec. 203, infra. Third person supplying necessaries: Sees. 207, 208, infra. Willful failure to support child is a misdemeanor: Pen. Code, sec. 270. Deserting child is a felony: Pen. Code, sec. 271. Disposing of child for mendicant purposes: See Pen. Code, sec. 272. Supporting poor relatives: See sec. 206, infra. Injury to child, action for: See Code Civ. Proc, sec. 376. § 197. Custody of legitimate child. The father of a legitimate unmarried minor child is entitled to its cus- 61 CHILDREN BY BIRTH. §§ 198, 199 tody, services, and earnings; but he cannot transfer such custody or services to any other person, except the mother, without her written consent, unless she has deserted him, or is living separate from him by agreement. If the father be dead, or be unable, or refuse to take the custody, or has abandoned his family, the mother is entitled thereto. En. March 21, 1872. Am'd. 1873-4, 194. Cal.Rep.Cit. 95, 378; 130, 3S2 ; 134, 116; 137, 276. Relinquishing right to child's earnings: Sec. 211, infra. Property of child, parent, as such, has no control of: Sec. 202, infra. Guardian, appointment of: See post, sees. 241 et seq. § 198. Husband and wife living separate, neither to have superior right to custody of children. The husband and father, as such, has no rights superior to those of the wife and mother, in regard to the care, custody, education, and control of the children of the marriage, while such hus- band and wife live separate and apart from each other. En. March 21, 1872. Cal.Rep.Cit. 137, 276. Custody of child in divorce causes: See ante, sec. 138. § 199. When husband or wife may bring action for the exclusive control of children. Decree in such cases. With- out application for a divorce, the husband or the wife may bring an action for the exclusive control of the children of the marriage; and the court may, during the pendency of such action, or at the final hearing thereof, or afterwards, make such order or decree in regard to the support, care, custody, education, and control of the children of the mar- riage, as may be just, and in accordance with the natural rights of the parents and the best interests of the children, and may at any time thereafter amend, vary, or modify such order or decree, as the natural rights and the inter- ests of the parties, including the children, may require. En. March 21, 1872. Cal.Rep.Cit. 109, 649. Compare with sec. 214, infra. Control of children pending divorce proceedings: See ante, sec. 138. Awarding custody of child — Considerations that should govern the court: Post, sec. 246. S§ 200-205 CHILDREN BY BIRTH. 62 §200. Custody of an illegitimate child. The mother of an illegitimate unmarried minor is entitled to its custody, services, and earnings. En. March 21, 1872. Mother the heir of illegitimate child: Post, sec. 1388. §201. Allowance to parent. The proper court may di- rect an allowance to be made to the parent of a child, out of its property, for its past or future support and educa- tion, on such conditions as may be proper, whenever such direction is for its benefit. En. March 21, 1872. §202. Parent cannot control the property of child. The parent, as such, has no control over the property of the child. En. March 21, 1872. Same principle: Post, sec; 242. Guardian of minor's estate: See post, sees. 241 et seq. § 203. Remedy for parental abuse. The abuse of paren- tal authority is the subject of judicial cognizance in a civil action brought by the child, or by its relative within the third degree, or by the supervisors of the county where the child resides; and when the abuse is established, the child may be freed from the dominion of the parent, and the duty of support and education enforced. En. March 21, 1872. Cal.Rep.Cit. 103, 356; 103, 357; 109, 647; 109, 648; 109, 649; 109, 650; 109, 651; 109, 653; 109, 654; 109, 655; 109, 657; 109, 659; 109, 660; 109, 661; 124, 678. Parental duty: See ante, sec. 196. Omission to supply a child with necessaries is a misde- meanor, and desertion is punished by imprisonment: Pen. Code, sees. 270, 271. § 204. When parental authority ceases. The authority of a parent ceases: 1. Upon the appointment, by a court, of a guardian of the person of a child; 2. Upon the marriage of the child; or, 3. Upon its attaining majority. En. March 21, 1872. Cal.Rep.Cit. 109, 649 ; 119, 601. Subd. 3—119, 601. § 205. Remedy when a parent dies without providing for the support of his child. If a parent chargeable with the support of a child dies, leaving it chargeable to the county. 63 CHILDREN BY BIRTH. §§ 206-209 and leaving an estate sufficient for its support, the super- visors of the county may claim provision for its suppor-t from the parent's estate by civil action, and for this pur- pose may have the same remedies as any creditors against that estate, and against the heirs, devisees, and next of kin of the parent. En. March 21, 1872. Cal.Rep.Cit. 109, 649. § 206. Reciprocal duties of parents and children in main- taining each other. It is the duty of the father, the mother, and the children of any poor person vv^ho is unable to main- tain himself by work, to maintain such person lo the ex- tent of their ability. The promise of an adult child to pay for necessaries previously furnished to such parent is bind- ing. En. March 21, 1872. Cal.Rep.Cit. 124, 54. Mother supporting children: Ante, sec. 196. Wife supporting husband: Ante, sec. 176. §207. When a parent is liable for necessaries supplied to a child. If a parent neglects tQ provide articles neces- sary for his child who is under his charge, according to his circumstances, a third person may in good faith supply such necessaries, and recover the reasonable value thereof from the parent. En. March 21, 1872. Cal.Rep.Cit. 109, 649. Infant liable on contract for necessaries: See ante, sec. 36. § 208. When a parent is not liable for support furnished his child. A parent is not bound to compensate the other parent, or a relative, for the voluntary support of his child, without an agreement for compensation, nor to compen- sate a stranger for the support of a child who has aban- doned the parent without just cause. En. March 21, 1872. Cal.Rep.Cit. 125, 72. §209. Husband not bound for the support of his wife's children by a former marriage. A husband is not bound to maintain his wife's children by a former husband; but If he receives them into his family and supports them, it is presumed that he does so as a parent, and, where such §§210-214 CHILDKEN BY BIRTH. 64 is the case, they are not liable to him for their support, nor he to them for their services. En. March 21, 1872. Cal.Rep.Cit. 74, 321; 124, 70; 125. 70. §210. Compensation and support of adult child. Where a child, after attaining majority, continues to serve and to be supported by the parent, neither party is entitled to compensation, in the absence of an agreement therefor. En. March 21, 1872. §211. Parent may relinquish services and custody of child. The parent, whether solvent or insolvent, may re- linquish to the child the right of controlling him and re- ceiving his earnings. Abandonment by the parent is pre- sumptive evidence of such relinquishment. En. March 21, 1872. Cal.Rep.Cit. 115, 151. §212. Wages of minors. The wages of a minor em- ployed in service may be paid to him until the parent or guardian entitled thereto gives the employer notice that he claims such wages. En. March 21, 1872. Am'd. 1873-4, 194. §213. Right of parent to determine the residence of child. A parent entitled to the custody of a child has a right to change his residence, subject to the power of the proper court to restrain a removal which would prejudice the rights or welfare of the child. En. March 21, 1872. Residence, husband's right to change: See ante, sec. 156. § 214. Wife in certain cases may obtain custody of mi- nor children. When a husband and wife live in a state of separation, without being divorced, any court of competent jurisdiction, upon application of either, if an inhabitant of this state, may inquire into the custody of any unmarried minor child of the marriage, and may award the custody of such child to either, for such time and under such regulations as the case may require. The decision of the court must be guided by the rules prescribed in section 246. En. March 21, 1872. See act of March 7. 1874, relative to orphans and aban- doned children: Stats. 1873-4, p. 297. Am'd. 1877-8, p. 82. Custody of child without divorce of parents: See ante, sec. 199. 65 ADOPTION. §§215-224 Custody of child pending divorce proceedings: See sec. 138. §215. Child legitimized by marriage of parents. A child born before wedlock becomes legitimate by the subsequent marriage of its parents. En. Stats. 1873-4, 195. Cal.Rep.Cit. 57, 491; 96, 563; 96, 570; 96, 572. CHAPTER II. ADOPTION. § 221. Child may be adopted. § 222. Who may adopt. § 223. Consent of wife necessary. I 224. Consent of child's parents. Children in orphan asylums. § 225. Consent of child. § 226. Proceedings on adoption. § 227. Judge's order. • ' I 228. Effect of adoption. § 229. Effect on former relations of child. § 230. Adoption of illegitimate child. § 221. Child may be adopted. Any minor child may be adopted by any adult person, in the cases and subject to the rules prescribed in this chapter. En. March 21, 1872. Cal.Rep.Cit. 75, 381; 81, 441; 81, 446; 102, 79. § 222. Who may adopt. The person adopting a child must be at least ten years older than the person adopted. En. March 21. 1872. Am'd. 1873-4, 195. Cal.Rep.Cit. 9S, 537. § 223. Consent of wife necessary. A married man, not lawfully separated from his wife, cannot adopt a child without the consent of his wife, nor can a married woman, not thus separated from her husband, without his consent, provided the husband or wife, not consenting, is capable of giving such consent. En. March 21, 1872. Am'd. 1873-4, 195. Cal.Rep.Cit. 98, 537 ; 102, 79. § 224. Consent of child's parents. Children in orphan asylums. A legitimate child can not be adopted without the consent of its parents, if living; nor an illegitimate child without the consent of its mother, if living; except that consent is not necessary from a father or mother de- prived of civil rights, or adjudged guilty of adultery or §§ 225, 226 ADOPTION. ~ 66 cruelty, and for either cause divorced, or adjudged to be habitually intemperate in the use of intoxicants, or who has been judicially deprived of the custody of the child on account of cruelty or neglect; neither is the consent of any one necessary in the case of any abandoned child; provided, however, that any such child, being a half or- phan, and kept and maintained in any orphan asylum in this state for more than two years, may be adopted with the consent of the managers of such orphans' home with- out the consent of the parent unless such parent has paid toward the expenses of maintenance of such half orphan at least a reasonable sum during the said time, if able to do so. Any child deserted by both parents, or left in the care and custody of another by its parent or parents, without any agreement or provision for its support, for the period of one year, is deemed to be an abandoned child within the meaning of this section, and where the parent is a non-resident of this state such child may without the consent of either parent be adopted with the consent of the managers of such home whenever it has been left in such home for more than one year. En. March 21, 1872. Am'd. 1891, 24; 1893, 112; 1895, 39; 1903, 114. Cal.Rep.Cit. 57, 491; 98, 537; 102, 81; 106, 379; 106, 381. §225. Consent of child. The consent of a child, if over the age of twelve years, is necessary to its adoption. En. March 21, 1872. Cal.Rep.Cit. 98, 537. §226. Proceedings on adoption. The person adopting a child, and the child adopted, and the other persons, if within or residents of this state, whose consent is neces- sary, must appear before the judge of the superior court of the county where the person adopting resides, and the necessary consent must thereupon be signed and an agree- ment be executed by the person adopting, to the effect that the child shall be adopted and treated in all respects as his own lawful child should be treated. If the persons whose consent is necessary are not within or are not resi- dents of this state, then their written consent, duly proved or acknowledged, according to sections eleven hundred and eighty-two and eleven hundred and eighty-three of this 67 ' ADOPTION. §§ 227-230 code, shall be filed in said superior court at the time of the application for adoption. En. March 21, 1872. Am'd. 1875-6, 69; 1880, 4. Cal.Rep.Cit. 87,640; 96,567; 98,537; 98,547; 98,552; 102, 77. § 227. Judge's order. The judge must examine all persons appearing before him pursuant to the last section, each separately, and if satisfied that the interests of the child will be promoted by the adoption, he must make an order declaring that the child shall thencc^'orth be re- garded and treated in all respects as the child of the person adopting. En. March 21, 1872. Cal.Rep.Cit. 57,491; 75.218; 75,219; 98,536; 98,537; 98, 538; 98, 547; 102, 77; 102. 80; 106, 565; 106, 566; 131, 470. § 228. Effect of adoption. A child, when adopted, may take the family name of the person adopting. After adop- tion, the two shall sustain towards each other the legal relation of parent and child, and have all the rights and be subject to all the duties of that relation. En. March 21, 1872. Am'd. 1873-4, 195. Cal.Rep.Cit. 57, 491; 75, 219; 106, 379; 131, 182. §229. Effect on former relations of child. The parents of an adopted child are, from the time of the adoption, relieved of all parental duties towards, and all responsi- bility for, the child so adopted, and have no right over it. En. March 21, 1872. Cal.Rep.Cit. 106, 379. §230. Adoption of illegitimate child. The father of an illegitimate child, by publicly acknowledging it as his own, receiving it as such, with the consent of his wife, if he is married, into his family, and otherwise treating it as if it were a legitimate child, thereby adopts it as such; and such child is thereupon deemed for all purposes legitimate from the time of its birth. The foregoing provisions of this chapter do not apply to such an adoption. En. March 21, 1872. Cal.Rep.Cit 75. 382 81, 446 96. 560 96. 592 135. 388 52, 86; 52, 87; 56,419; 57.491; 75.381; 81, 421; 81, 441; 81, 442; 81, 444; 81, 445; 81,447; 81,457; 96,557; 96,558; 96,559; 96,572; 96,573; 96,576; 96,582; 96,591; 96, 594; 96, 595; 102, 262; 127, 434; 135, 386; 136, 395; 136, 396; 137, 299; 137, 300. §§ 236 240 GUARDIAN AND WARD, 68 TITLE III. GUARDIAN AND WARD. § 236. Guardian, what. § 237. Ward, what. § 238. Kinds of guardians. § 239. General guardian, what. § 240. Special guardian, what. § 241. Appointment by parent. § 242. No person guardian of estate without appointment. § 243. Appointment by court. § 244. Same. § 245. Jurisdiction. § 246. Rules for awarding custody of minor. § 247. Powers of guardian appointed by court. § 248. Duties of guardian of the person. § 249. Duties of guardian of estate. § 250. Relation confidential. § 251. Guardian under direction of court. § 252. Death of a joint guardian. § 253. Removal of guardian. § 254. Guardian appointed by parent, how superseded. § 255. Suspension of power of guardian. § 256. Release by ward. § 257. Guardian's discharge. § 258. Insane persons. §236. Guardian, what. A guardian is a person ap- pointed to take care of the person or property of another. En. March 21, 1872. Cal.Rep.Cit. 117. 644. § 237. Ward, what. The person over whom or over whose property a guardian is appointed, is called his ward. En. March 21, 1872. §238. Kinds of guardians. Guardians are either: 1. General; or, 2. Special. En. March 21, 1872. Testamentary guardians: See sec. 241. Guardians ad litem: See Code Civ. Proc, sees. 372, 373. § 239. General guardian, what. A general guardian is a guardian of the person or of all the property of the ward within this state, or of both. En. March 21, 1872. § 240. Special guardian, what. Every other is a special guardian. En. March 21, 1872. 69 GUARDIAN AND WARD. §§ 241-244 § 241. Appointment by parent. A guardian of the per- son or estate, or of both, of a child born, or likely to be born, may be appointed by will or by deed, to take effect upon the death of the parent appointing: 1. If the child be legitimate, by the father, with the written consent of the mother; or by either parent, if the other be dead or incapable of consent; 2. If the child be illegitimate, by the mother. En. March 21, 1S72. Am'd. 1873-4, 195. Cal.Rep.Cit. 84, 596; 84, 597; 109. 646; 109, 647; 128, 218; 130, 3'S3. Bond of testamentary guardian: Code Civ. Proc, sec. 1758. § 242. No person guardian of estate without appoint- ment. No person, whether a parent or otherwise, has any power as guardian of property, except by appointment as hereinafter provided. En. March 21, 1872. Same principle as expressed in sec. 202, ante. And as to power of guardian appointed by the court, see sec. 247, infra. § 243. Appointment by court. A guardian of the person or property, or both, of a person residing in this state, who is a minor, or of unsound mind, may be appointed in all cases, other than those named in section two hundred and forty-one, by the superior court, as provided in the Code of Civil Procedure. En. March 21, 1872. Am'd. 1873-4, 196; 1880, 4. Cal.Rep.Cit. 84, 596; 109, 646; 109, 647; 109, 649; 128, 218; 130, 383. Judicial appointment of guardian of minor: See Code Civ. Proc, sec. 1747. Judicial appointment of guardian of insane or incom- petent persons: See Code Civ Proc, sec. 1763. Act providing for appointment of guardian of orphans: See post. Appendix, title Infancy. § 244. Same. A guardian of the property within this state of a person not residing therein, who is a minor, or of unsound mind, may be appointed by the superior court. En. March 21, 1872. Am'd. 1880, 4. 5§ 245-247 GUARDIAN AND WARD. 70 Nonresident wards, appointment of guardian: See Code Civ. Proc, sees. 1793 et seq. § 245. Jurisdiction. In all cases the court making the appointment of a guardian has exclusive jurisdiction to control him. En. March 21, 1872. Control over guardian: See Code Civ. Proc, sec. 1771. §246. Rules for awarding custody of minor. In award- ing the custody of a minor, or in appointing a general guardian, the court or officer is to be guided by the fol- lowing considerations: 1. By what appears to be for the best interest of the child in respect to its temporal and its mental and moral welfare; and if the child be of a sufficient age to form an intelligent preference, the court may consider that pref- erence in determining the question. 2. As between parents adversely claiming the custody or guardianship, neither parent is entitled to it as of right, but other things being equal, if the child be of ten- der years, it should be given to the mother; if it be of an age to require education and preparation for labor or business, then to the father. 3. Of two persons equally entitled to the custody in other respects, preference is to be given as follows: 1. To a parent. 2. To one who was indicated by the wishes of a deceased parent. 3. To one who already stands in the position of a trustee of a fund to be applied to the child's support. 4. To a relative. En. March 21, 1872. Am'd. 1873-4, 196. Cal.Rep.Cit. Subd. 1—130, 381. Subd. 3—109, 661. Custody of children generally, pending divorce: See sec. 138; without divorce: See sees. 199, 214. Custody of child where parents separated: See ante, sec. 214. §247. Powers of guardian appointed by court. A guardian appointed by a court has power over the person and property of the ward, unless otherwise ordered: En. March 21, 1872. Cal.Rep.Cit. 117, 644. Property of ward, control over: See sec. 242. 71 GUARDIAN AND WARD. §§ 218 252 §248. Duties of guardian of the person. A guardian of the person is charged with the custody of the ward, and must look to his support, health, and education. He may fix the residence of the ward at any place within the state, but not elsewhere, without permission of the court. En. March 21, 1872. Cal.Rep.Cit. 123, 218; 128, 218. Compare sec. 251. § 249. Duties of guardian of estate. A guardian of the property must keep safely the property of his ward. He must Hot permit any unnecessary waste or destruction of the real property, nor make any sale of such property, without the order of the superior court, but must, so far as it is in his power, maintain the same, with its build- ings and appurtenances, out of the income or other prop- erty of the estate, and deliver it to the ward, at the close of his guardianship, in as good condition as he received it. En. March 21, 1872. Am'd. 1873-4, 197; 1880, 5. Cal.Rep.Cit. 117, 644; 121, 472; 124, 157; 134, 116. Sale of ward's estate: See Code Civ. Proc, sees. 1777 et seq. Guardian using principal as well as income: See Code Civ. Proc, sec. 1770. § 250. Relation confidential. The relation of guardian and ward is confidential, and is subject to the provisions of the title on Trust. En. March 21, 1872. Cal.Rep.Cit. 116, 391. Trusts: See post, sees. 2215 et seq. §251. Guardian under direction of court. In the man- agement and disposition of the person or property com- mitted to him, a guardian may be regulated and controlled by the court. En. March 21, 1872. Residence of ward: See sec. 248, ante. § 252. Death of a joint guardian. On the death of one of two or more joint guardians, the power continues to the survivor until a further appointment is made by the court. En. March 21, 1872. Survival of trust: See sec. 2288, post. IJ253-2L.6 GUARDIAN AND WARD. 72 § 253. Removal of guardian. A guardian may be re- moved by the superior court for any of the following causes : 1. For abuse of his trust; 2. For continued failure to perform its duties; 3. For incapacity to perform its duties; 4. For gross immorality; 5. For having an interest adverse to the faithful per- formance of his duties; 6. For removal from the state; 7. In the case of a g.uardian of the property, for in- solvency; or, 8. When it is no longer proper that the ward should be under guardianship. En. March 21, 1872. Am'd. 1880, 5. Removal of guardian: See Code Civ. Proc, sec. 1801. § 254. Guardian appointed by parent, how superseded. The power of a guardian appointed by a parent is super- seded: 1. By his removal, as provided by section 253; 2. By the solemnized marriage of the ward; or, 3. By the ward's attaining majority. En. March 21, 1872. Cal.Rep.Cit. Subd. 3—121, 474. Marriage of ward terminates guardianship: Code Civ. Proc, sec. 1802. § 255. Suspension of power of guardian. The power of a guardian appointed by a court is suspended only: 1. By order of the court; or, 2. If the appointment was made solely because of the ward's minority, by his attaining majority; or, 3. The guardianship over the person of the ward, by the marriage of the ward. En. March 21, 1872. Am'd. 1873-4, 197. Marriage of ward terminates guardianship: Code Civ. Proc, sec. 1802. § 256. Release by ward. After a w^ard has come to his majority, he may settle accounts w-ith his guardian, and give him a release, which is valid if obtained fairly and without undue influence. En. March 21, 1872. 73 MASTER AND SERVANT. §§ 257-2G4 § 257. Guardian's discharge. A guardian appointed by a court is not entitled to his discharge until one year after the ward's majority. En. March 21, 1872. Resignation of guardian: See Code Civ. Proc, sec. 1801. §258. Insane persons. A person of unsound mind may be placed in an asylum for such persons, upon the order of the superior court of the county in which he resides, as follows: 1. The court must be satisfied, upon examination in open court and in the presence of such person, from the testimony of two reputable physicians, that such person is of unsound mind, and unfit to be at- large; 2. After the order is granted, the person alleged to be of unsound mind, his or her husband or wife, or relative to the third degree, or any citizen, may demand an inves- tigation before a jury, which must be conducted in all respects as under an inquisition of lunacy. En. March 21, 1872. Am'd. 1880, 5. • Guardianship of lunatic: See Code Civ. Proc, sec. 1763. TITLE IV. MASTER AND SERVANT. § 264. Minors may apprentice thiemselves. § 265. Consent of parents. § 266. V^ritten consent. § 267. Executors may bind. I 268. Supervisors may bind out. § 269. Town officers. § 270. Age of apprentice to be inserted in Indentures. § 271. Indentures, conditions in. § 272. Same. § 273. Deposit Of indentures with county clerk. § 274. Alien minors. § 275. Contract under preceding section to be acknowledged. I 276. Causes for annulling indentures. § 264. Minors may apprentice themselves. Every minor, with the consent of the persons or oflicers hereinafter mentioned, may, of his own free will, bind himself, in writing, to serve as clerk, apprentice, or servant, in any profession, trade, or employment, during his minority; and such binding shall be as valid and effectual as if such Civ. Code— 4 §§ 265-2G7 MASTER AND SERVANT. 74 minor was of full age at the time of making the engage- ment. En. March 21, 1872. Aiding apprentice to ifun away a misdemeanor: Pen. Code, sec. 646. See Act of April 3, 1876, relative to apprentices: Post, Appendix, title Apprentices. Master and servant generally: See post, sees. 200ft et seq. § 265. Consent of parents. Such consent shall be given: 1. By the fathey of the minor. If he be dead, or be not of legal capacity to give his consent, or if he shall have abandoned or neglected to provide for his family, and such fact be certified by a justice of the peace of the township or county, or sworn to by a credible Witness, and such certificate or affidavit be indorsed on the indenture; then, 2. By the mother. If the mother, be dead, or be not of legal capacity to give such consent or refusal; then, 3. By the guardian of such infant. If such infant have no parent living, or none in a legal capacity to give con- sent, and there be no guardian; then, 4. By the .supervisors of the county, or any two jus- tices of the peace, or the judge of the superior court of the county; 5. If such minor be an orphan, under the care and con- trol of "any orphan asylum in this state, then by the board of managers thereof. En. March 21, 1872. Am'd. 1880, 5. § 266. Written consent. Such consent shall be signified in writing by the person entitled to give the same, by certificate at the end of, or indorsed upon the indentures. En. March 21, 1872. § 267. Executors may bind. The executors of any last will of a parent who shall be directed in such will to bring up his or her child to some trade or calling, may bind such child to service as a clerk, or apprentice, in like manner as the father might have done if living. If there is a surviving mother, her consent also is necessary. En. March 21, 1872. 75 MASTER AND SERVANT. §§ 2G8-274 § 268. Supervisors may bind out. The supervisors of the county may bind out minors who are or shall become chargeable to such county, to be clerks, apprentices, or servants, which binding shall be as effectual as if such minors had bound themselves with the consent of their father. En. March 21, 1872. § 269. Town officers. In every town or city, the pre- siding ofScer of the first council or legislative board thereof, if there be more than one, or any public officer or officers appointed to provide for the poor, may in like manner bind out any child who, or whose parents are, chargeable to any such town or city. En. March 21, 1872. §270. Age of apprentice to be inserted in indentures. The age of every infant so bound shall be inserted in the indentures, and shall be taken to be the true age; and whenever public officers are authorized to execute any indentures, or their consent is required to the validity of the same, it shall be their duty to inform themselves fully of the infant's age. En. March 21, 1872. §271. Indentures, conditions in. Every sum of money paid or agreed for, with or in relation to the binding out of any clerk, apprentice, or servant shall be inserted in the indentures. En. March 21, 1872, § 272. Same. The indenture shall also contain an agree- ment, on the part of the person to whom such child shall be bound, that he will cause such child to be instructed to read and write, and to be taught the general rules of arithmetic, or, in lieu thereof, that he will send such child to school three months of each year of the period of indenture. En. March^21, 1872. § 273. Deposit of indentures with county clerk. The counterpart of any indenture executed by any county, or city, or town officers, must be by them deposited in the office of the county clerk. En. March 21, 1872. Am'd. 1880, 6. § 274. Alien minors. Any minor, capable of becoming a citizen of this state, coming from any other country, state. §§ 275, 276 MASTER AND SERVANT. 76 or territory, may bind himself to service until his ma- jority, or for any shorter term. Such contract, if made for the purpose of raising money to pay his passage, or for the payment of such passage, may be for the term of one year, although such term may extend beyond the time when such person will be of full age, but it shall in no case be for a longer term. En. March 21, 1872. § 275. Contract under preceding section to be acknowl- edged. No contract made under the preceding section shall bind the servant, unless duly acknowledged by the minor, before some public magistrate or other officer authorized to administer oaths, nor unless a certificate, showing that the same was made freely, on private exam- ination, be indorsed upon the contract. En. March 21, 1872. § 276. Causes for annulling indentures. Such indentures of apprenticeship may be annulled for: 1. Fraud in the contract of indenture; 2. When such contract is not made or executed in accordance with the provisions of this title; 3. For willful nonfulfillment, by such master, of the provisions of such indenture; 4. Cruelty or maltreatment of such apprentice by the master. In such case, the apprentice may recover for his services. En. March 21, 1872. PAKT IV. CORPORATIONS. Title I. General Provisions Applicable to all Corpora- tions, §§ 283-403. II. Insurance Corporations, §§ 414-452. III. Railroad Corporations, §§ 454-494. IV. Street Railroad Corporations, §§ 497-511. V. Wagon Road Corporations, §§ 512-523. VI. Bridge, Ferry, Wharf, Chute, and Pier Corpora- tions, §§ 528-531. VII. Telegraph Corporations, §§536-541. VIII. Water and Canal Corporations, §§ 548-552. IX. Homestead Corporations, §§ 557-566. X. Savings and Loan Corporations, §§ 571-583a. XI. Mining Corporations, §§ 584-587. XII. Religious, Social, and Benevolent Corporations, §§ 593-605. XIII. Cemetery Corporations, §§ 608-616. XIV. Agricultural Fair Corporations, §§ 620-622. XV. Gas Corporations, §§ 628-632. XVI. Land and Building Corporations, §§ 639-648%. XVII. Colleges and Seminaries of Learning, §§ 649-651. XVIII. Consolidation of Colleges and Institutions of Higher Education, §§ 652-653. • TITLE I. GENERAL PROVISIONS APPLICABLE TO ALL COR- PORATIONS. Chapter I. Formation of Corporations, §§ 283-321a. II. Corporate Stock, §§ 322-349. III. Corporate Powers, §§ 35-1-393. IV. Extension and Dissolution of Corporations, §§ 39S-403. 55 283, 284 FORMATION OF CORPORATIONS. 78 CHAPTER I. FORMATION OF CORPORATIONS. Article I. Corporations Defined and how Organized, §§ 283-300a. II. By-laws, Directors, Elections, and Meetings, §§ 301-321a. ARTICLE I. CORPORATIONS DEFINED AND HOW ORGANIZED. S 283. Corporation defined. § 284. Kinds of. § 285. Private, how formed. I 286. For what purpose private corporations are formed. I 287. How corporations may continue their existence under this code. § 288. Existing corporations not affected. § 289. Name of instrument creating corporation. § 290. Articles of incorporation, what to contain. § 291. Certain corporations to state further facts in articles. § 292. Five corporators, three to be citizens of the state, to sign articles and acknowledge the same. § 293. Prerequisite to filing articles. Amounts to be subscribed to be fixed. § 294. Prerequisite to filing articles of corporations for profit. § 295. Oath of offlLcr to subscription of stock and payment of ten per cent. 5 296. To file articles with county clerk and secretary of state, and receive certificate. Term of existence. § 297. Copy of articles prima facie evidence. § 298. Who are members and who stockholders of a corporation. 5 299. Filing articles of incorporation. § 300. Banking corporations may elect to have capital stock. I 300a. Change of name ; filing copy of decree. § 283. Corporation defined. A corporation is a creature of the law, having certain powers and duties of a natural person. Being created by the law, it may continue for any length of time which the law prescribes. En. March 21, 1872. Cal.Rep.Cit. 51, 410 ; 117, 177. Powers of corporations: See post, sees. 354 et seq. Existence of corporations limited to fifty years: Sees. 290, 401, post. § 284. Kinds of. Corporations are either public or private. Public corporations are formed or organized for the government of a portion of the state; all other corpora- tions are private. En. March 21, 1872. Am'd. 1873-4, 197. Cal.Rep.Cit. 51, 409; 117, 121; 134 i78. 79 FORMATION OF CORPORATIONS. §§ 2S5-2S7 § 285. Private, how formed. Private corporations may be formed by the voluntary association of any five or more persons in the manner prescribed in tliis article. A ma- jority of such persons must be residents of this state. En- March 21, 1872. Am'd. 1873-4, 197. Cal.Rep.Cit. 12S, 260. See stats. 185S, p. 264, sec. 2; id. 57; 1850, 347; 1851, 523; 1861, 567, 607; 1853, 87, 169; 1857, 75; 1859, 2S1; 1862, 199; 1866, 743, 752; 1863, 624. Formation of corporation to be under general laws: Const. Cal. 1879, art.-12, sec. 1. §286. For what purpose private corporations are formed. Private corporations may be formed for any pur- pose for which individuals may lawfully associate them- selves. En. March 21, 1872. Am'd. 1873-4, 198. Cal.Rep.Cit. 52, 60; 53, 279; 109, 590; 113, 531. Corporations to give bonds required by law: See post, Appendix, title Bonds. Act for formation of chambers of commerce, boards of trade, mechanics' institutes and other kindred protective associations: See post, Appendix, title Chambers of Com- merce. Co-operative associations: See post, Appendix, title Co- operative Associations. § 287. How corporations may continue their existence under this code. Any corporation existing on the first day of January, one thousand eight hundred and seventy-three, formed under the laws of this state, and still existing, which has not already elected to continue its existence, un- der the provisions of this code applicable thereto, may, at any time hereafter, make such election by the unanimous vote of all its directors, or such election may be made at any annual meeting of the stockholders, or members, or at any meeting called by the directors expressly for consider- ing the subject, if voted by stockholders representing a majority of the capital stock, or by a majority of the mem- bers, or may be made by the directors upon the written consent of that number of such stockholders or members. A certificate of the action of the directors, signed by them and their secretary, when the election is made by their unanimous vote, or upon the written consent of the stock- 5S 2S8-290 FORMATION OF CORPORATIONS. *iO holders or members, or a certificate of the proceedings of the meeting of the stockholders or members, when such election is made at any such meeting, signed 1)y the chair- man and secretary of the meeting, and » majority of the directors, must be filed in the office of Ihe clerk of the county where the original articles of corporation are filed, and a certified copy thereof must be filed in the office of the secretary of state; and thereafter the corporation shall continue its existence under the provisions of this code which are applicable thereto, and shall possess all the rights and powers, and be subject to all the obligations, restrictions, and limitations prescribed thereby. Eu. March 21, 1872. Am'd. 1873-4, 198. Cal.Rep.Cit. 57, 533; 105, 552; 109, 579; 109, 586; 111, 65; 119, 342; 122, 336; "122, 337; 122, 339. § 288. Existing corporations not affected. No corpora- tion formed or existing before twelve o'clock noon, of the day upon which this code takes effect, is affected by the provisions of part IV, of division first of this code, unless such corporation elects to continue its existence under it as provided in section 287; but the laws under which such, corporations were formed and exist are applicable to all such corporations, and are repealed, subject to the pro- visions of this section. En. March 21, 1872. Cal.Rep.Cit. 52, 141; 60, 310; 105, 550; 105, 552; 105, 553; 109, 579; 109, 580; 109, 581; 109, 582; 109, 583; 111, 65; 119, 341; 119, 342; 122, 337. §289. Name of instrument creating corporation. The instrument by which a private corporation is formed is called "Articles of Incorporation." En. March 21, 1872. Cal.Rep.Cit. 128, 260. § 290. Articles of incorporation, what to contain. Ar- ticles of incorporation must be prepared, setting forth: 1. The name of the incorporation. 2. The purpose for which it is formed. 3. The place where its principal business is to be trans- acted. 4. The term for which it is to exist, not exceeding fifty years. 5. The number of its directors or trustees, which shall not be less than five, and the names and residence of those 81 FORMATION OP CORPORATIONS. § 290 who are appointed for the first year; provided, that the corporate powers, business, and property of corporations formed or to be formed for the purpose of erecting and managing halls and buildings for the meetings and accom- modation of several lodges or societies of any benevolent or charitable order or organization, and in connection therewith the leasing of stores and offices in such building or buildings for other purposes, may be conducted, exer- cised, and controlled by a board of not less -than five or more than fifty directors, to be chosen from among the stockholders of such corporation, or from among the mem- bers of such order or organization; and provided, also, that at any time during the existence of corporations for profit, other than those of the character last hereinabove provided for, the number of the directors may be increased or diminished, by a majority of the stockholders of the corporation, to any number not less than five, who must be members of the corporation; whereupon, a certificate stating the number of directors must be filed, as provided tor in section two hundred and ninety-six for the filing of the original articles of incorporation; and provided, also, that the corporate powers, business, and property of cor- porations formed or to be formed for social purposes, and not directly for profit, may be exercised, conducted, and controlled by a board, consisting of such number of di- rectors as may be in the constitution or by-laws provided; and corporations so formed may, in their constitution or by-laws, provide for the length of time that the directors, or any number thereof, shall act, and may, in like manner, provide that certain directors, or a certain number of the board of directors', to be selected by the corporation or the board of directors, in the mode and manner provided in the constitution or by-laws, shall act for any specified length of time, or otherwise, as shall be in the constitution or by- laws set forth. 6. The amount of its capital stock, and the number of shares into which it is divided. 7. If there is a capital stock, the amount actually sub- scribed, and by whom. En. March 21, 1872. Am'd. 1873-4. 199; 1875-6, 70; 1880, 11; 1891, 285; 1900-01, 322. Cal.Rep.Cit. 53, 128; 64, 52; 65, 601; 89, 54; 102, 64; 106, 309; 127, 267; 127, 268; 127, 269; 128, 261; 128, 262; 130, 39. Subd. 7—106. 309. §5 291-294 FORMATION OF CORPORATIONS. 82 Requisites, particular kinds of corporation: See post, sees. 291, 594. Limit of corporate existence: See sec. 354. § 291. Certain corporations to state further facts in ar- ticles. The articles of incorporation of any railroad, wagon road, or telegraph organization must also state: 1. The kind of road or telegraph intended to be con- structed; 2. The place from and to which it is intended to be run, and all the intermediate branches; 3. The estimated length of the road or telegraph line; 4. That at least ten per cent, of the capital stock sub- scribed has been paid in to the treasurer of the intended corporation. En. March 21, 1872. §292. Five corporators, three to be citizens of the state, to sign articles and acknowledge the same. The articles of incorporation must be subscribed by five or more per- sons, a majority of whom must be residents of this state, and acknowledged by each before some officer authorized to take and certify acknowledgments of conveyances of real property. En. March 21, 1872. Am'd. 1873-4, 199. Cal.Rep.Cit. 80, 353; 97, 278; 97, 280; 128, 260; 128, 261; 128, 263; 130, 39. §293. Prerequisite to filing articles. Amounts to be subscribed to be fixed. Each intended corporation named in section 291, before filing articles of incorporation, must have actually subscribed to its capital stock, for each mile of the contemplated work, the following amounts, to-wit: 1. One thousand dollars per mile of railroads; 2. One hundred dollars per mile of telegraph lines; 3. Three hundred dollars per mile of wagon roads. En. March 21, 1872. Cal.Rep.Cit. 53, 128. §294. Prerequisite to filing articles of corporations for profit. Before the articles of incorporation of any corpora- tion referred to in the preceding section are filed, there must be paid for the benefit of the corporation, to a treas- urer elected by the subscribers, ten per cent, of the amount subscribed. En. March 21, 1872. 83 FORMATION OF CUUrUKATlONS. §§ 295-297 § 295. Oath of officer to subscription of stock and pay- ment of ten per cent. Before the secretary of state issues to any such corporation a certificate of the filing of articles of incorporation, there must be filed in his oflace an affida- vit of the president, secretary, or treasurer named in the articles, that the required amount of the capital stock thereof has been actually subscribed, and ten per cent thereof actually paid to a treasurer tor the benefit of the corporation. En. March 21, 1872. Signing fictitious name: Pen. Code, sec. 557. §296. To file articles with county clerk and secretary of state, and receive certificate. Term of existence. Upon filing the articles of incorporation in the office of the county clerk of the county in which the principal business of the company is to be transacted, and a copy thereof certified by the county clerk with the secretary of state, and the affidavit mentioned in the last section where such affidavit is required, the secretary of state must issue to the corporation, over the great seal of the state, a certifi- cate that a copy of the articles containing the required statement of facts has been filed in his office, and there- upon the persons signing the articles and their associates and successors shall be a body politic and corporate by the name stated in the certificate, and tor the term of fifty years, unless it is, in the articles of incorporation, other- wise stated, or in this code otherwise specially provided; provided, however, that the secretary of state shall not tile any copy of the copy of any articles, or issue any cer- tificate of incorporation to any corporation, which articles set forth the corporate name of any corporation heretofore organized in this state, or file any copy of any articles, or issue any certificate of incorpoi-ation to any corporation ex- isting at the time of filing said articles, which articles set forth a name so closely resembling the name of such cor- poration as will tend to deceive. En. March 21, 1872. Am'd. 1873-4, 199; 1900-01, 629. Cal.Rep.Cit. 72,382; 93, 39; 102, 62; 111,135; 128,262; 130, 38. § 297. Copy of articles prima facie evidence. A copy of any articles of incorporation filed in pursuance of this chapter, and certified by the secretary of state, or by the 8§ 29S, 299 FORMATION OF CORPORATIONS. 84 county clerk of the coxmty where the original articles shall have been filed, must be received in all the courts of this state, and other places, as prima facie evidence of the facts therein stated. En. March 21, 1872. Am'd. 1873-4, 200; 1895, 30. Cal.Rep.Cit. 67, 488; 72, 382. §298. Who are members and who stockholders of a corporation. The owners of shares in a corporation which has a capital stock are called stockholders. If a corpora- tion has no capital stock, the corporators and their suc- cessors are called members. En. March 21, 1872. Cal.Rep.Cit. 109, 588; 115. 593. §299. Filing articles of incorporation. No corporktion hereafter formed shall purchase, locate, or hold property in any county in this state, without filing a copy of the copy of its articles of incorporation filed in the office of the secretary of state, duly certified by such secretary of state, in the office of the county clerk of the county in which such property is situated, within sixty days after such purchase or location is made. Every corporation now in existence, whether formed under the provisions of this code or not, must, within ninety days after the passage of this section, file such certified copy of the copy of its articles of incorporation in the office of the county clerk of every county in this state in which it holds any prop- erty (except the county where the original articles of in- corporation are filed); and if any corporation hereafter acquire any property in any county other than that in which it now holds property, it must, within ninety days thereafter, file with the clerk of such county such certified copy of the copy of its articles of incorporation. The copies so filed with the several county clerks and certified copies thereof shall have the same force and effect in evi- dence as would the originals. Any corporation failing to comply with the provisions of this section shall not main- tain or defend any action or proceeding in relation to such property, its rents, issues, or profits, until such articles of incorporation, and such certified copy of its articles of incorporation, and such certified copy of the copy of its articles of incorporation shall be filed at the places di- 85 FORMATION OP CORPORATIONS. §300 rected by the general law and this section; provided, that all corporations shall be liable in damages for any and all loss that may arise by the failure of such corporation to perform any of the foregoing duties within the time mentioned in this section; and provided further, that the said damages may be recovered in an action brought in any court of this state of competent jurisdiction, by any party or parties suffering the same. En. March 21, 1872. Rep. 1873-4, 200. En. Stats. 1875-6, 71. Am'd. 1877-8, 76; 1880, 13. Cal.Rep.Cit. 67,487; 73,601; 73,602; 77, 72; 80, 69; SO, '.1; 80,335; 80,336; 83, IV; 97,274; luS, 90; lOS, 91; 111 ,135; 111, 137; 111, 13S ; 120, 178; 120. 179; 120, 180; 120, 181. Right to purchase estate: See post, sec. 354. §300. Banking corporations may elect to Iiave capital stock. Every corporation that has been or may be created under the general laws of this state, doing a banking business therein, and which has no capital stock, may elect to have a capital stock, and may issue certificates of stock therefor in the same manner as corporations formed under the provisions of chapter I, article I, of the Civil Code, relating to the formation of corporations: provided, that no such corporation shall use or convert any moneys or funds theretofore belonging to it or under its control into capital stock; but such funds or moneys must be held and managed only for the purposes and in the manner for which they were created. Before such change is made, a majority of the members of such corporation present at a meeting called for the purpose of considering the proposition whether it is best to have a capital stock, its amount, and the number of shares into which it shall be divided, must vote in favor of having a capital stock, fix the amount thereof, and the number of shares into which it shall be divided. Notice of the time and place of hold- ing such meeting and its object must be given by the president of such corporation by publication in some news- paper printed and published in the county, or city and county, in which the principal place of business of the corporation is situated, at least once a week for three successive weeks prior to the holding of the meeting. A copy of the proceedings of this meeting, giving the number of persons present, the votes taken, the notice § 300a FORMATION OF CORPORATIONS. 86 calling the meeting, the proof of its publication, the amount of capital actually subscribed, and by whom, ail duly certi- fied by the president and secretary of the corporation, must be filed in the oflices of the secretary of state and clerk of the county where the articles of incorporation are filed. Thereafter such corporation is possessed of all the rights and powers, and is subject to all the obligations, restrictions, and limitations, as if it had been originally created with a capital stock; and provided, further, that no bank in this state shall ever pay any dividend, upon so-called guaranty notes nor upon any stock except upon the amount actually paid in money into said capital upon such stock, and any payment made in violation of this provision shall render all officers and directors con- senting to the same jointly and severally liable to the depositors, to the extent thereof. En. Stats. 1877-8, 77. Cal.Rep.Cit. 56, 349; 74, 600; 74, 602. § 300a. Change of name; filing copy of decree. Every corporation which has changed its name under the pro- visions of sections 1275, 1276, 1277, 1278 and 1279, of the Code of Civil Procedure, must file in the office of the secre- tary of state a certified copy of the decree of the court, changing such name. En. Stats. 1903, 256. 87, FORMATION OF CORPORATIONS. §301 ARTICLE II. BY-LAWS, DIRECTORS, ELECTIONS, AND MEETINGS. § 301. Adoption of by-laws, when, how, and by whom. § 302. Directors, election of, etc. § 303. By-laws may provide lor what. I 304. By-laws to be copied and open to public inspection. Amend- ment of. § 305. Powers of directors of corporations. § 306. Directors must be elected and by-laws adopted at first meet- ing. (Repealed.) § 307. Elections, how conducted. § 308. Organization of board of directors, etc. S ciu9. Dividends to be made from surplus profits. Increase and reduction of capital stock. § 310. Removal from oihce of directors, etc. § 811. Justice of the peace may order meeting when. § 312. Majority of stock must be represented. § 313. Stock, how represented. § 314. Election may be postponed. t § 315. Complaints and proceedings regarding elections. § 316. False certificate, report, or notice to make officers liable. § 317. Meeting by consent to be valid. § 318. Proceedings at meeting to be binding. § 319. Meetings, where held. § 320. Special meetings, how called. § 321. Certain books to be open for inspection. § 321a. Corporation may change its principal place of business. § 301. Adoption of by-laws, when, how, and by whom. Every corporation formed under this title must, within one month after filing articles of incorporation, adopt a code of by-laws for its government not inconsistent with the constitution and laws of this state. The assent of stockholders representing a majority of all the subscribed capital stock, or of a majority of the members, if there be no capital stock, is necessary to adopt by-laws, if they are adopted at a meeting called for that purpose; and in the event of such meeting being called, two weeks' notice of the same by advertisement in some newspaper pub- lished in the coimty in which the principal place of busi- ness of the corporation is located, or if none is published therein, then in a paper published in an adjoining county, must be given by order of the acting president. The writ- ten assent of the holders of two thirds of the stock, or of two thirds of the members, if there be no capital stock, shall be effectual to adopt a code of by-laws without a meeting for that purpose. En. March 21, 1872. Am'd. 1873-4, 200. Cal.Rep.Cit. 74, 574; 109, 588; 116, 414; 116, 415: 117, 162. Repeal and amendment of by-laws: Post, sec. 304. §§ 302, 303 FORMATION OF CORPORATIONS. 88 § 302. Directors, election of, etc. The directors of a corporation must bo elected annually by the stockholders or members, and if no provision is made in the by-laws for the time of election, the election must be held on the first Tuesday in June. Notice of such election must be given, and the right to vote determined as prescibed in section 301. En. March 21, 1872. Cal.Rep.Cit. 93, 36. Postponing election: Post, sec. 314. § 303. By-laws may provide for what. A corporation may, by its by-laws, where no other provision is specially made, provide for: 1. The time, place, and manner of calling and conduct- ing its' meetings, and may dispense with notice of all regular meetings of stockholders or directors. 2. The number of stockholders or members constituting a quorum. 3. The mode of voting by proxy. 4. The qualifications and duties of directors, and also the time of their annual election, and the mode and man- ner of giving notice thereof. 5. The compensation and duties of officers. 6. The manner of election .and tenure of office of all officers other than the directors; and 7. Suitable penalties for violations of by-laws, mt ex- ceeding, in any case, one hundred dollars for an;- one offense. 8. The newspaper in which all notices of the meetings of stockholders or board of directors, notice of which is required, shall be published, which must be some news- paper published in the 'County where the principal place of business of the corporation is located, or if rone is published therein, then in a newspaper published in an adjoining county; provided, that when the by-laws pre- scribe the newspaper in which said publication shall be made, if from any cause, at the time any publication is desired to be made, the publication of such newspaper shall have ceased, the board of directors may, by an order entered on the records of the corporation, direct the publication to be made in some other newspaper publisLied 89 FORMATION OF CORPORATIONS. §§ 304, 305 in the county, or if none is published therein, then in an adjoining county. En. March 21, 1872. Am'd. 1873-4, 201; 18S9, 3C5. Cal.Rep.Cit. 93, 38; 93, 39; 96, 82; 104, 653; 109,599. Subd. 1—130, 347. Subd. 4—121, 208. Subd. 5—121, 2uS, By-laws of; Post, sees. 305, 308, 323, 344, 599. §304. By-laws to be copied and open to public inspec- tion. Amendment cf. All by-laws adopted must be certi- fied by a majority of the directors and secretary of the corporation, and copied in a legible hand, in some book kept in the oifice of the corporation, to be known as the "Book of By-Laws," and no by-law shall take effect until so copied, and the book shall then be opened to the in- spection of the public during office hours of each day ex- cept holidays. The by-laws may be repealed or amended, or new by-laws may be adopted, at the annual meeting, or at any other meeting of the stockholders or members, called for that purpose by the directors, by a vote repre- senting two thirds of the subscribed stock, or by two thirds of the members. The written assent of the holders of two thirds of the stock, or two thirds of the members li there be no capital stock, shall be effectual to repeal or amend any by-law, or to adopt additional by-laws. The power to repeal and amend the by-laws, and adopt new by-laws, may, by a similar vote at any such meeting, or similar written assent, be delegated to the board of directors. The power, when delegated, may be revoked by a similar vote, at any regular meeting of the stockholders or mem- bers. Whenever any amendment or new by-law is adopted, it shall be copied in the book of by-laws with the original by-laws, and immediately after them, and shall not take effect until so copied. If any by-law be repealed, the fact of repeal, with the date of the meeting at which the repeal was enacted, or written assent was filed, shall be stated in said book, and until so stated the repeal shall not take effect. En. March 21, 1872. Am'd. 1873-4, 201; 1885, 130. Cal.Rep.Cit. 89, 54. § 305. Powers of directors of corporations. The cor- porate powers, business, and property of all corporations formed under this title must be exercised, conducted, and controlled by a board of not less than five directors, §§ 306, 307 FORMATION OF CORPORATIONS. 90 to be elected from among the holders of stock; or where there is no capital stock, then from the members of such corporations; except that corporations formed or to be formed for the purpose of erecting and managing halls and buildings for the meetings and accommodation of sev- eral lodges or societies of any benevolent or charitable order or organization, and in connection therewith the leasing of stores and oflBces in such building or buildings for other purposes, the corporate powers, business, and property thereof may be conducted, exercised, and con- trolled by a board of not less than five or more than fifty directors, to be chosen fi'om among the stockholders of such corporation or from among the members of such order or organization. A majority of the directors must be in all cases citizens of this state. Directors of corpora- tions for profit must be holders of stock therein to an amount to be fixed by the by-laws of the corporation. Di- rectors of all other corporations must be members thereof. Unless a quorum is present and acting no business per- formed or act done is valid as against the corporation. Whenever a vacancy occurs in the olfice of director, unless the by-laws of the corporation otherwise provide, such vacancy must be filled by an appointee of the board. En. March 21, 1872. Am'd. 1875-6, 71; 1900-01, 308. Cal.Rep.Cit. 78, 632; 81, 234; 93, 36; 93, 39; 94, 549; 111, 116; 118. 138; 121, 208; 126, 417; 127, 267; 127, 269; 130, 349; 130, 351; 132, 652. § 306. Directors must be elected and by-laws adopted at first meeting. (Repealed.) En. March 21, 1872. Am'd. 1873-4, 202. Rep. 1889, 365. § 307. Elections, hov7 conducted. All elections must be by ballot, and every stockholder shall have the right to vote in person or by proxy the number cf shares standing in his name, as provided in section three hundred and twelve of this code, for as many persons as there are directors to be elected, or to cumulate said shares and give one candidate as many votes as the number of di- rectors multiplied by the number of his shares of stock shall equal, or to distribute them on the same principle among as many candidates as he shall think fit. The provisions of this section, so far as it relates to 91 FORMATION OF CORPORATIONS. §§ 308, 309 cumulative voting, shall apply to all corporations and associations doing business in this state, having a capital stock or shares of stock, and electing directors by a 'meet- ing of stockholders held in this state, whether such cor- porations or associations are organized under the laws of this state or not and no election for directors of any cor- poration or association, doing business in this state, and electing directors in this state, shall be valid, if the right of a stockholder to cumulate his shares as herein provided shall be denied. In corporations having no capital stock, each member of the corporation may cast as many votes for one director as there are directors to be elected, or may distribute the same among any or all the candidates. In any case the director receiving the highest number of votes shall be declared elected. The provisions of this section, so far as it relates to cumulative voting, shall not apply to literary, religious, scientific, social or benevolent societies, having no capital stock or shares unless it shall be so provided in their by- laws or rules. En. March 21, 1872. Am'd. 1873-4, 202; 1S77-8, 78; 1887, 95; 1903, 253. Cal.Rep.Cit. 93, 36; 103, 363; 109, 589; 109, 597; 115, 590; 115, 609; 127, 683. § 308. Organization of board of directors, etc. Imme- diately after their election, the directors must organize by the election of a president, who must be one of their number, a secretary, and treasurer. They must perform the duties enjoined on them by law and the by-laws of the corporation. A majority of the directors is a sufficient number to form a board for the transaction of business, and every decision of a majority of the directors forming such board, made when duly assembled, is valid as a corporate act. En. March 21, 1872. Cal.Rep.Cit. 78, 292; 78, 632; 93, 38; 93, 39; 94, 549; 96, 82; 103, 363; 121, 308; 127, 267; 130, 348; 130, 349; 131, 659. § 309. Dividends to be made from surplus profits. In- crease and reduction of capital stock. The directors of corporations must not make dividends, except from the surplus profits arising from the business thereof; nor must they divide, withdraw, or pay to the stockholders, 8 309 FORMATION OF CORPORATIONS. 92 or any of them, any part of the capital stock; nor must they freate debts beyond their subscribed capital stock; nor must they divide, withdraw, or pay to the stockholders, or any of them, any part of the capital stock, except as hereinafter provided, nor reduce or increase the capital stock, except as herein specially provided. For a violation >of the provisions of this section, the directors under whose administration the same may have happened (except those who may have caused their dissent therefrom to be entered at large on the minutes of the directors at the time, or were not present when the same did happen) are, in their individual and private capacity, jointly and severally liable to the corporation, and to the creditors thereof, in the event of its dissolution, to the full amount of the capital stock so divided, withdrawn, paid out, or reduced, or debt contracted; and no statute of limitations is a bar to any suit against such directors for any sums for which they are liable by this section; provided, however, that where a corporation has been heretofore or may hereafter be formed for the purpose, among other things, of acquiring, holding, and selling real estate, water, and water rights, the directors of such corporation may, with the consent of stockholders representing two thirds of the capital stock tliereof, given at a meeting called for that purpose, divide among the stockholders the land, water, or water rights so by such corporation held, in the proportions to which their holdings of such stock at the time of such division would entitle them. All conveyances made by the corpora- tion in pursuance of this section shall be made and re- ceived subject to the debts of such corporation existing at the date of the conveyance thereof. Nothing herein shall prohibit a division and distribution of the capital stock of any corporation which remains after the pay- ment of all its debts, upon its dissolution, or the expiration of its term of existence. En. March 21, 1872. Am'd. 1891, 468. Cal.Rep.Cit. 57,602; 81,384; 81,387; 81,389; 81,390 81,396; 81,397; 90,135; 90,136; 9(5,139; 90,140 90, 141; 90, 142; 93, 309; 93. 310; 93. 311; 109, 596 116, 415; 124, 149; 125, 412; 127, 674; 135, 482. Increasing and diminishing capital stock: See post, sec 359. Penaltifes: See Pen. Code, sees. 560. 563, 564. 569, 570. 93 FORMATION OF CORPORATIONS. §§ 310-312 § 310. Removal from office of directors, etc. No di- rector shall be removed from office, unless by a vote of two thirds of the members, or of stockholders holding two thirds of the capital stock, at a general meeting held after previous notice of the time and place, and of the intention to propose such removal. Meetings of stockholders for this purpose may be called by the president, or by a majority of the directors, or by members or stockholders holding at least one half of the votes. Such calls must be in writing, and addressed to the secretary, who must thereupon give notice of the time, place, and object of the meeting, and by whose order it is called. If the secretary refuse to give the notice, or if there is none, the call may be addressed directly to the members or stockholders, and be served as a notice, in which case it must specify the time and place of meeting. The notice must be given in the man- ner provided in section 301 of this title, unless other ex- press provision has been made therefor in the by-laws. In case of removal, the vacancy may be filled by election at the same meeting. En. March 21, 1872. Cal.Rep.Cit. 97, 630. Act to protect stockholders and persons dealing with corporations from misrepresentations of officers: See post, Appendix, title Corporations. § 311. Justice of the peace may order meeting when. Whenever, from any cause, there is no person authorized to call or to preside at a meeting of a corporation, any justice of the peace of the county where such corporation is established may, on written application of three or more of the stockholders or of the members thereoi, issue a warrant to one of the stockholders or members, directing him to call a meeting of the corporation, by giving the notice required, and the justice may in the same warrant direct such person to preside at such meeting until a clerk is Qhosen and qualified, if there is no other officer present legally authorized to preside thereat. En. March 21, 1872. § 312. Majority of stock must be represented. At all elections or votes had for any purpose there must be a majority of the subscribed capital stock, or of the members, represented, either in person or by proxy in writing. §§ 313-315 FORMATION OF CORPORATIONS. 94 Every person acting therein (in person or by proxy or representative) must be a member thereof or a bona fide stockholder, having stock in his own name on the stock books of the corporation at least ten days prior to the election. Any vote or election had other than in accord- ance with the provisions of this article is voidable at the instance of absent (or any) stockholders or members, and may be set aside by petition to the district court of the county where the same was held. Any regular or called meeting of the stockholders or members may adjourn from day to day, or from time to time, if for any reason there is not present a majority of the subscribed stock or mem- bers, or no election had, such adjournment and the reasons therefor being recorded in the journal of proceedings of the board of directors. En. March 21, 1872. Amd. 1877-8, 7-9. Cal.Rep.Cit. 67, 533; 93, 36; 93, 39; 103, 363; 104, 652; 109, 5S8; 109, 589; 109, 599; 112, 63; 115, 589; 115, 590; 115, 594; 115, 609; 127, 683; 133, 47. Notice of meeting: See ante, sec. 302. § 313. Stock, how represented. The shares of stock of an estate of a minor, or insane person, may be repre- sented by his guardian, and of a deceased person by his executor or administrator. En. March 21, 1872. Am'd. 1873-4, 203. Cal.Rep.Cit. 109, 590 ; 115, 590. § 314. Election may be postponed. If from any cause an election does not take place on the day appointed in the by-laws, it may be held on any day thereafter as is provided for in such by-laws, or to which such election may be adjourned or ordered by the directors. If an elec- tion has not been held at the appointed time, and no ad- journed or other meeting for the pui-pose has been ordered by the directors, a meetii\g may be called by the stock- 'holders as provided in section 310 of this article. En. March 21, 1S72. § 315. Complaints and proceedings regarding elections. Upon the application of any person or body corporate ag- grieved by any election held by any corporate body, the district court of the district in which such election is held 95 FOR.MATION OF CORPORATIONS. §§ 310-319 must proceed forthwith to hear the allegations and proofs of the parties, or otherwise inquire into the matters of complaint, and thereupon confirm the election, order a new one, or direct such other relief in the premises as accords with right and justice. Upon filing the petition, and before any further proceedings are had under this section, five days' notice of the hearing must be given, under the direc- tion of the court or the judge thereof, to the adverse party or those to be affected thereby. En. March 21, 1872. Am'd. 1877-8, 79. Cal.Rep.Cit. 93, 35; 93, 36; 93, 39; 93, 42; 98,305; 103, 364; 115, 281; 115, 587; 115, 594; 115, 609; 126, 72. § 316. False certificate, report, or notice to make officers liable. Any officer of a corporation who willfully gives a certificate, or willfully makes an official report, public notice, or entry in any of the records or books of the cor- poration, concerning the corporation or its business, which is false in any material representation, shall be liable for all the damages resulting therefrom to any person injured thereby, and if two or more officers unite or participate in the commission of any of the acts herein designated, they shall be jointly and severally liable. En. March 21, 1872. Am'd. 1873-4, 203. Liability of officer: Pen. Code, sees. 558, 564. §317. IVIeeting by consent to be valid. When all the stockholders or members of a corporation are present at any meeting, however called or notified, and sign a written consent thereto on the record of such meeting, the doings of such meeting are as valid as if had at a meeting legally called and noticed. En. March 21, 1872, § 318. Proceedings at meeting to be binding. The stock- holders or members of such corporation, when so assem- bled, may elect officers to fill all vacancies then existing, and may act upon such other business as might lawfully be transacted at regular meetings of the corporation. En. March 21, 1872. § 319. Meetings, where held. The meetings of the stock- holders and board of directors of a corporation must be J§ 320-321a FORMATION OF CORPORATIONS. 96 held at its oflice or principal place of business. En. March 21, 1872. Changing place of business: See sec. 321. § 320. Special meetings, how called. When no provision is made in the by-laws for regular meetings of the directors and the mode of calling special meetings, all meetings must be called by special notice in writing, to be given to each director by the secretary, on the order of the presi- dent, or if. there be none, on the order of two directors. En. March 21, 1872. Cal.Rep.Cit. 59, 681; 59, 682; 76, 154; 96, 79; 96, 82; 109, 9; 109, 10; 130, 347; 134, 177. § 321. Certain books to be open for Inspection. Every corporation doing a banking business in this state must keep in its office, in a place accessible to the stockholders, depositors, and creditors thereof, and for their use, a book, containing a list of all stockholders in such corporation, and the number of shares of stock held by each, and every such corporation must keep posted in its office, in a con- spicuous place, accessible to the public generally, a notice, signed by the president or secretary, showing: First, The names of the directors of such corporation, becond. The number and value of shares of stock held by each director. The entries on such book, and such notice, shall be made and posted within twenty-four hours after any transfer of stock, and shall be conclusive evidence against each di- rector and stockholder of the number of shares of stock held by each. The provisions of this section shall apply to all banking corporations, formed or existing before twelve o'clock, noon, of the day on which this code took effect, as well as to those formed after such time. En. Stats. 1875-6, 72. Cal.Rep.Cit. 89, 54. §321a. Corporation may change its principal place of business. Every corporation that has been or may be cre- ated under the general laws of this state may change its principal place of business from one place to another in the same county, or from one city or county to another city or county within this state. Before such change is made, the consent in writing, of the holders of two thirds of the capital stock of the corporation must be obtained 97 CORPORATE STOCK. § 322 and filed in its office. When such consent is obtained and filed, notice of the intended removal or change must be published, at least once a week, for three successive weeks, in some newspaper published in the county, wherein said principal place of business is situated, if there is one pub- lished therein; if not, in a newspaper of an adjoining county, giving the name of the county or city where it is situated and that to which it is intended to remove it. Whenever any such change is made, a copy of the resolu- tion or action of the board of directors authorizing the same together with a copy of an affidavit of tne publica- tion above required, all duly certified by the president and secretary of the corporation with the corporate seal afiixed shall be filed in each office where the original articles of incorporation are, or any copy thereof is required to be filed. This section shall not be construed to require such consent, notice or publication in the case of any such re- moval from one location to another in the same city, town or village. En. Stats. 1875-6, 73. Am'd. 1903, 254. CHAPTER II. CORPORATE STOCK, n Article I. Stock and Stockholders, §§ 322-327. II. Assessment of Stock, §§ 331-349, ARTICLE I. STOCK AND STOCKHOLDERS. § 322. Liabilities of stockholders. § 323. Certificates, how and when issued. § 324. Shares personal property. Transfer of stock. Irrigation stock. § 325. Transfer of shares held by married women, etc. Dividends payable to married women. § 326. Affidavit or bond may be required before transfer. § 327. Contract to relieve directors void. §322. Liabilities of stockholders. Each stockholder of a corporation is individually and personally liable for such proportion of its debts and liabilities as the amount of stock or shares owned by him bears to the whole of the subscribed capital stock or shares of the corporation, and for a like proportion only of each debt or claim against the Civ. Code— 5 5 322 CORPORATE STOCK. 9R corporation. Any creditor of tlie corporation may Insti- iLUte joint or several actions against any of its stockholders, for the proportion of his claim payable by each, and in such action the court must ascertain the proportion of the claim or debt for which each defendant is liable, and a sev- eral judgment must be rendered against each, in conform- ity therewith. If any stockholder pays his proportion of any debt due from the corporation, incurred while he was such stockholder, he is relieved from any further personal liability for such debt; and if an action has been brought against him upon such debt, it shall be dismissed, as to him, upon his paying the costs, or such proportion thereof as may be properly chargeable against him. The liability of each stockholder is determined by the amount of stock or shares owned by him at the time the debt or liability was incurred; and such liability is not released by any subsequent transfer of stock. The term stockholder, as used in this section, shall apply not only to such persons as appear by the books of the corporation to be such, but also to every equitable owner of stock, although the same appear on the books in the name of another, and also to every person who has advanced the installments or pur- chase money of stock in the name of a minor, so long as the latter remains a minor; and also to every guardian, or other trustee, v/ho voluntarily Invests any trust funds in the stock. Trust funds in the hands of a guardian, or trustee, shall not be liable under the provisions of this section, by reason of any such investment, nor shall the person for whose benefit the investment is made be re- sponsible in respect to the stock until he becomes compe- tent and able to control the same; but the responsibility of the guardian or trustee making the investment shall con- tinue until that period. Stock held as collateral security, or by a trustee, or in any other representative capacity, does not make the holder thereof a stockholder within the meaning of this section, except in the cases above men- tioned, so as to charge him with any proportion of the debts or liabilities of the corporation; but the pledgor, or person or estate represented, is to be deemed the stock- holder, as respects such liability. In corporations having no capital stock, each member is individually and person- ally liable for his proportion of its debts and liabilities. 99 CORPORATE STOCK. §s 3: 59, 109 59, 110 59, 286 62, 461; 64, 121; 64, 2S9 65, 210 87, 29 87, 31; 87, 32; 95, 5S9 97, 95 99. 92 107, 381; 107, 446; 108, 5 109, 588 111, 63 111, 66; 113, 25; 115, 594 116, 384 118, 276 122, 672; 122. 673; 124, 150 125, 8 125, 412 127, 82; 127, 675; 133, 507 136, 513. and similar actions may be brought against him, either alone or jointly with other members, to enforce such lia- bility, as by this section may be brought against one or more stockholders, and similar judgments may be ren- dered. The liability of each stockholder of a corporation formed under the laws of any other state or territory of the United States, or of any foreign country, and doing business within this state, shall be the same as the liabil- ity of a stockholder of a corporation created under the constitution and laws of this state. En. March 2i, 1872. Am'd. 1873-4, 203; 1875-6, 73. Cal.Rep.Cit. 64, 288; 95, 580; 108, 4; 115, 380; 122, 674; 130, 274; Act to protect stockholders from fraudulent representa- tions of officers: See post, Appendix, title Corporations. Liability of stockholders for debts of the corporation is declared in Const. Cal. 1879, art. XII, sec. 3. § 323. Certificates, how and when issued. All corpora- tions for profit must issue certificates for stock when fully paid up, signed by the president and secretary, and may provide, in their by-laws, for issuing certificates prior to the full payment, under such restrictions and for such pur- poses as their by-laws may provide. En. March 21, 1S72. Cal.Rep.Cit. 82, 603; 96, 329; 101, 79; 135, 583. §324. Shares personal property. Transfer of stock. Ir- rigation stock. Whenever the capital stock of any cor- poration is divided into shares, and certificates therefor are issued, such shares of stock, except as hereinafter pro- vided, are personal property, and may be transferred by indorsement by the signature of the proprietor, his agent, attorney, or legal representative, and the delivery of the certificate; but such transfer is not valid, except as to the parties thereto, until the same is so entered upon the books of the corporation as to show the names of the parties by whom and to whom transferred, the number of the certifi- cate, the number or designation of the shares, and the date of transfer; provided, however, that any corporation organized for, or engaged in the business of selling, dis- §§ 325, 326 CORPORATE STOCK. 100 tributing, supplying, or delivering water for irrigation pur- poses or for domestic use, may in its by-laws provide that water shall only be so sold, distributed, supplied, or de- livered to owners of its capital stock, and that such stock shall be appurtenant to certain lands when the same are described in the certificate issued therefor; and when such certificate shall be so issued, and a certified copy of such by-law recorded in the ofiice of the county recorder in the county where such lands are situated, the shares of stock so located on any land shall only be transferred with said lands, and shall pass as an appurtenance thereto. En. March 21, 1872. Am'd. 1895, 118. Cal.Rep.Cit. 53,431; 58,428; 63,364; 72, 9; 79,331; 82, 603; ■ S4, 137; 108, 493; 109, 632; 113, 276; 113, 277; 113, 27S; 126, 534; 134, 410; 136, 513. § 325. Transfer of shares held by married women, etc. Dividends payable to married women. Shares of stock in corporations held , or owned by a married woman may be transferred by her, her. agent, or attorney, without the signature of her husband, in the same manner as if such married woman were a feme sole. All dividends payable upon any shares of stock of a corporation held by a mar- ried woman may be paid to such married woman, her agent or attorney, in the same manner as if she were unmar- ried, and it is not necessary for her husband to join in a receipt therefor; and any proxy or power given by a mar- ried woman, touching any shares of stock of any corpora- tion owned by her, is valid and binding without the signature of her husband, the same as if she were unmar- ried. En. March 21, 1872. § 326. Affidavit or bond may be required before trans- fer. When the shares of stock in a corporation are owned by parties residing out of the state, the president, secre- tary, or directors of the corporation, before entering any transfer of the shares on its books, or issuing a certificate therefor to the transferee, may require from the attorney or agent of the nonresident owner, or from the person claiming under the transfer, an affidavit or other evidence that the nonresident owner was alive at the date of the transfer, and if such affidavit or other satisfactory evi- dence be not furnished, may require from the attorney. 101 CORPORATE STOCK. §§ 327, 331 agent, or claimant, a bond of indemnity, with two sureties, satisfactory to the officers of the corporation; or, if not so satisfactory, then one approved by a judge of the supei'ior court of the county in which the principal office of the cor- poration is situated, conditioned to protect the corporation against any liability to the legal representatives of the owner of the shares, in case of his or her death before the transfer; and if such affidavit or othej: evidence or bond be not furnished when required, as herein provided, neither the corporation, nor any officer thereof, shall be liable for refusing to enter the transfer on the books of the corpora- tion. En. March 21, 1872. Am'd. 1873-4, 205; 1883, 4. Cal.Rep.Cit. 58, 428. §327. Contract to relieve directors void. Any contract or contracts, verbal or written, hereafter made, whereby it is sought directly or indirectly to relieve any director or trustee of any corporation or joint stock association from any liability imposed by section three of article twelve of the constitution of California, are hereby declared to be and shall be null and void. En. Stats. 1880, 9. Cal.Rep.Cit. 84. 422. ARTICLE II.. ASSESSMENTS OF STOCK. I 331. Directors may levy assessments. I 332. Limitation. How levied. § 333. Levy of assessment. Old assessment remaining unpaid. § 334. What order shall contain. § 335. Notice of assessment. Form. § 336. Publication and service of notice. § 337. Delinquent notice. Form. § 338. Contents of notice. § 339. How published. § 340. Jurisdiction acquired, how. § 341. Sale to be by public auction. I 342. Highest bidder to be the purchaser. § 343. In default of bidders, corporation may purchase. § 344. Disposition of stock purchased by corporation. § 345. Extension of time of delinquent sale. § 346. Assessments shall not be invalidated. § 34t. Action for recovery of stock, and limitation thereof. § 348. Affidavits of publication. Affidavits of sale. To be filed. § 349. Waiver of sale. Action to recover assessment. § 331. Directors may levy assessments. The directors of any corporation formed or existing under the laws of this state, after one fourth of its capital stock has been §§ 332-334 CORPORATE STOCK. 102 subscribed, may, for the purpose of paying expenses, con- ducting business, or paying debts, levy and collect assess- ments upon the subscribed capital stock thereof, in the manner and form, and to trie extent provided herein. En. March 21, 1872. Am'd. 1873-4, 206. Cal.Rep.Cit. 65,194; C5, 200 ; 65,209; 65,210; 80,377; S2, 603; 92, 50; 101, 80; 108, 492; 109, 588; llti, 263; 126, 586; 127, 82; 129, 296; 133, 66; 135, 632. § 332. Limitation. How levied. No one assessment must exceed ten per cent of the amount of the capital stock named in the articles of incorporation, except in the cases in this section otherwise provided for, as follows: 1. If the whole capital of a corporation has not been paid up, and the corporation is unable to meet its liabilities or to satisfy the claims of its creditors, the assessment may be for the full amount unpaid upon the capital stock; or if a less amount is sufficient, then it may be for such a percentage as will raise that amount; 2. The directors of railroad corporations may assess the capital stock in installments of not more than ten per cent per month, unless in the articles of incorporation it is otherwise provided; 3. The directors of fire or marine insurance corporations may assess such a percentage of the capital stock as they deem proper. En. March 21, 1872. Cal.Rep.Cit. 65,194; 65.199; 65,200; 65,202; 65,201; 65,209; 65,210; 93,549; 93,550; 99, 14; 107,450. § 333. Levy of assessment. Old assessment remaining unpaid. No assessment must be levied while any portion of a previous one remains unpaid, unless: 1. The power of the corporation has been exercised in accordance with the provisions of this article for the purpose of collecting such previous assessment; 2. The collection of the previous assessment has been enjoined; or 3. The assessment falls within the provisions of either the first, second, or third subdivision of section 332. En. March 21, 1872. Cal.Rep.Cit. 65, 195 ; 65, 201. § 334. What order shall contain. Every order levying an assessment must specify the amount thereof, when, to 103 CORPORATE STOCK. §§ 335, 336 whom, and vfhere payable; fix a day subsequent to the full term of publication of the assessment notice, on which the unpaid assessments shall be delinquent, not less than thirty nor more than sixty days from the time of making the order levying the assessment; 'and a day for the sale of delinquent stock, not less than fifteen nor more than sixty days from the day the stock is declared delinquent. En. March 21, 1872. § 335. Notice of assessment. Form. Upon the making of the order, the secretary shall cause to be published a notice thereof, in the following form: (Name of corporation in full. Location of principal place of business). Notice is hereby given, that at a meeting of the directors, held on the (date), an assessment of (amount) per share was levied upon the capital stock of the corporation, payable (when, to whom, and where). Any stock upon which this assessment shall remain unpaid on the (day fixed) will be delinquent and advertised for sale at public auction, and, unless payment is made before, will be sold on the (day appointed), to pay the delinquent assessment, together with costs of advertising and ex- penses of sale. (Signature of secretary, with location of office). En. March 21, 1872. Cal.Rep.Cit. 101, 81. §336. Publication and service of notice. The notice must be personally served upon each stockholder, or, in lieu of personal service, must be sent through the mail, addressed to each stockholder at his place of residence, if known, and if not known, at the place where the principal office of the corporation is situated, and be published once a week, for four successive weeks, in some newspaper of general circulation and devoted to the publication of general news, published at the place designated in the articles of incorporation as the principal place of business, and also in some newspaper published in the county in which the works of the corporation are situated, if a paper be published therein. If the works of the corporation are not within a state or territory of the United States, pub- lication in a paper of the place where they are situated is not necessary. If there be no newspaper published at the iS 337-339 CORPORATE STOCK. 104 place designated as the principal place of business of the corporation, then the publication must be made in some other newspaper of the county, if there be one, and if there be none, then in a newspaper published in an adjoining county. En. March 21, 1872. Am'd. 1873-4, 206. § 337. Delinquent notice. Form. If any portion of the assessment mentioned in the notice remains unpaid on the day specified therein for declaring the stock delinquent, the secretary must, unless otherwise ordered by the board of directors, cause to be published in the same papers in which the notice hereinbefore provided for shall have been published, a notice substantially in the following form: (Name in full. Location of principal place of business). NOTICE. — There is delinquent upon the following de- scribed stock, on account of assessment levied on the (date), (and assessments levied previous thereto, if any), the several amounts set opposite the names of the respec- tive shareholders as follows: (Names, number of certificate, number of shares, amount). And in accordance with law (and an order of the board of directors, made on the [date], if any such order shall have been made), so many shares of each parcel of such stock as may be necessary will be sold, at the (particular place), on the (date), at (the hour) of such day, to pay delinquent assessments thereon, together with costs of advertising and expenses of the sale. (Name of secretary, with location of office). En. March 21, 1872. Cal.Rep.Cit. 101, 76; 108, 493; 108, 568; 109, 8. § 338. Contents of notice. The notice must specify every certificate of stock, the number of shares it repre- sents, and the amount due thereon, except where certifi- cates may not have been issued to parties entitled thereto, in which case the number of shares and amount due thereon, together with the fact that the certificates for such shares have not been issued, must be stated. En. March 21, 1872. Cal.Rep.Cit. 101, 76; 108, 568. §339. How published. The notice, when published in a daily paper, must be published for ten days, excluding 105 CORPORATE STOCK. §§ 340-343 Sundays and holidays, previous to the day oi sale. When published in a weekly paper, it must be published in each issue for two weeks previous to the day of sale. The first publication of all delinquent sales must be at least fifteen days prior to the day of sale. En. March 21, 1S72. Cal.Rep.Cit. 101, 76; 108, 493; 108, 568; 108, 569; 129, 296. § 340. Jurisdiction acquired, hov^. By the publication of the notice, the corporation acquires jurisdiction to sell and convey a perfect title to all of the stock described in the notice of sale upon which any portion of the assess- i.ient or costs of advertising remains unpaid at the hour appointed for the sale, but must sell no more of such stock than is necessary to pay the assessments due and costs of Kale. En. March 21, 1872. § 341. Sale to be by public auction. On the day, at the place, and at the time appointed in the notice of sale, the secretary must, unless otherwise ordered by the directors, sell or cause to be sold at public auction, to the highest bidder for cash, so many shares of each parcel of tne described stock as may be necessary to pay the assessment and charges thereon, according to the terms of sale; if payment is made before the time fixed for sale, the party paying is only required to pay the actual cost of advertis- ing, in addition to the assessment. En. March 21, 1872. §342. Highest bidder to be the purchaser. The person offering at such sale to pay the assessment and costs for the smallest number of shares or fraction of a share is the highest bidder, and the stock purchased must be trans- ferred to him on the stock books of the corporation, on pay- ment of the assessment and costs. En. March 21, 1872. §343, In default of bidders, corporation may purchase. If, at the sale of stock, no bidder offers the amount of the assessments and costs and charges due, the same may be bid in and purchased by the corporation, through the secretary, president, or any director thereof, at the amount of the assessments, costs, and charges due; and the amount of the assessments, costs, and charges must be credited as paid in full on the books of the corporation, and entry of the transfer of the stock to the corporation must be made on the books thereof. While the stock remains the prop- §§ 344-347 CORPORATE STOCK. 106 erty of the corporation it is not assessable, nor must any dividends be declared thereon; but all assessments and dividend* must be apportioned upon the stock held by the stockholders of the corporation. En. March 21, 1872. Cal.Rep.Cit. 57, 398. § 344. Disposition of stock purchased by corporation. All purchases of its own stock made by any corporation vest the legal title to the same in the corporation; and the stock so purchased is held subject to the control of the stockholders, who may make such disposition of the same as they deem fit, in accordance with the by-laws of the corporation or vote of a majority of all the remaining shares. Whenever any portion of the capital stock of a corporation is held by the corporation by purchase, a majority of the remaining shares is a majority of the stock for all purposes of election or voting on any question at a stockholders' meeting. En. March 21, 1872. Cal.Rep.Cit. 57, 398; 72, 33; 109, 588. § 345. Extension of time of delinquent sale. The dates fixed in any notice of assessment or notice of delinquent sale, published according to the provisions hereof, may be extended from time to time for not more than thirty days, by order of the directors, entered on the records of the corporation; but no order extending the time for the per- formance of any act specified in any notice is effectual unless notice of such e^ctension or postponement is ap- pended to and published with the notice to which the order relates. En. March 21, 1872. §346. Assessments shall not be invalidated. No assess- ment is invalidated by a failure to make publication of the notices hereinbefoi'e provided for, nor by the nonperform- ance of any act required in order to enforce the payment of the same; but in case of any substantial error or omission in the course of proceedings for collection, all previous proceedings, except the levying of the assessment, are void, and publication must be begun anew. En. March 21, 1872. Cal.Rep.Cit. 76, 28 ; 108, 495 ; 109, 8. § 347. Action for recovery of stock, and limitation thereof. No action must be sustained to recover stock 107 CORPORATE STOCK. §§ 348, 349 sold for delinquent assessments, upon ihe ground of iri-egularity in the assessment, irregularity or detect of the notice of sale, or defect or irregularity in the sale, unless the party seeking to maintain such action first pays or tenders to the corporation, or the party hold- ing the stock sold, the sum for which the same was sold, together with all subsequent assessments which may have been paid thereon and interest on such sums from the time they were paid; and no such action must be sus- tained unless the same is commenced by the filing of a complaint and the issuing of a summons thereon within six months after such sale was made. En. March 21, 1872. Cal.Rep.Cit. 76, 28; 133, 66. §348. Affidavits of publication. Affidavits of sale. To be filed. The publication of notice required by this article may be proved by the affidavit of the printer, foreman, or principal clerk of the newspaper in which the same was published; and the affidavit of the secretary or auctioneer is prima facie evidence of the time and place of sale, of the quantity and particular description of the stock sold, and to whom, and for what price, and of the fact of the purchase money being paid. The affidavits must be filed in the ofiice of the corporation, and copies of the same, certified by the secretary thereof, are prima facie evidence of the facts therein stated. Certificates, signed by the secretary, and under the seal of the corporation, are prima facie evidence of the contents thereof. En. March 21, 1872. Am'd. 1873-4, 207. § 349. Waiver of sale. Action to recover assessment. On the day specified for declaring the stock delinquent, or at any time subsequent thereto and before the sale of the delinquent stock, the board of directors may elect to waive further proceedings under this chapter for the col- lection of delinquent assessments, or any part or portion thereof, and may elect to proceed by action to recover the amount of the assessment and the costs and expenses already incurred, or any part or portion thereof. En. March 21, 1872. Cal.Rep.Cit. 101, 76; 101. 77; 108, 493; 108, 495; 109, 5; 110, 635 ; 129, 296. § 354 CORPORATE POWERS. 108 CHAPTER III. CORPORATE POWERS. Article I. General Powers, §§ 354-364. II. Records, §§ 377, 378. III. Examination of Corporation, §§ 382-384. IV. Judgment Against and Sale o£ Corporate Property, i§ 388-393. ARTICLE I. GENERAL POWERS. § 354. Powers of corporations. § 355. Limitation of powers. § 356. Banking expressly prohibited. S 357. Misnomer does not invalidate instrument. § 358. Corporation to organize within one year. § 359. Increasing and diminishing capital stock, how. § 360. Corporations may acquire read property, and how much. § 361. Consolidation of mining corporations ow,ning adjoining claims. S 361a. Transfer of franchise not valid without consent of stock- holders. § 362. Amendment of articles or certificate of incorporation. § 363. Corporations may own their lots and buildings. § 363. Correction of erroneous filing of articles of incorporation, § 364. Corporations may transfer foreign concessions. § 354. Powers of corporations. Every corporation, as such, has power: 1. Of succession by its corporate name, for the period limited; and when no period is limited, perpetually; 2. To sue and be sued in any court; 3. To make and use a common seal, and alter the same at pleasure; 4. To purchase, hold, and convey such real and personal estate as the purposes of the corporation may require, not exceeding the amount limited in this part; 5. To appoint such subordinate oflBcers or agents as the business of the corporation may require, and to allow them suitable compensation; 6. To make by-laws, not inconsistent with any existing law, for the management of its property, the regulation of its affairs, and for the transfer of its stock; 7. To admit stockholders or members, and to sell their stock or shares for the payment of assessments or install- ments; 109 CORPORATE POWERS. §§ 355, 356 8. To enter into any obligations or contracts essential to the transaction of its ordinary affairs, or for the purposes of the corporation. En. March 21, 1872. Cal.Rep.Cit. 52, 59; 56, 63; 62. 104; 63, 363; 93. 309; 109, 163; 118, 138; 126, 417. Subd. 4—117, 177; 118. 138; 126. 416. Subd. 6—116. 414. The code, in defining a corporation, says it has "certain powers and duties of a natural person": Sec. 283. Section 354 proceeds to enumerate these powers, and section 355 limits its powers to those enumerated and to those neces- sarily incidental. Succession for period limited: See, Code limit of fifty years, sec. 290. Limit for homestead corporations ten years: Sec. 557. Where action against corporation may be brought: See Const. Cal., 1879, art. XII, sec. 16; see Code Civ. Proc, sec. 395. Acquiring property by eminent domain: See Code Civ. Proc, sees. 1237 et seq. Power to make by-laws: See ante, sec. 301. Selling delinquent shares: See ante, sees. 331 et seq. § 355. Limitation of powers. In addition to the powers enumerated in the preceding section, and to those expressly given in that title of this part under which it is incor- porated, no corporation shall possess or exercise any cor- porate powers, except such as are necessary to the exercise of the powers so enumerated and given. En. March 21, 1872. Cal.Rep.Cit. 62, 104. Incidental powers. — This section is a negative grant of incidental powers, with respect to which, see sec. 354. § 356. Banking expressly prohibited. No corporation shall create or issue bills, notes, or other evidences of debt, upon loans or otherwise, for circulation as money. En. March 21, 1872. Issuing or circulating paper money, except as authorized by the United States, pimished by Penal Code, sec. 648. Constitutional provisions to the same purpose: Const. Cal., 1879, art. XII, sec. 5. That this limitation upon cor- porate powers does not prevent the execution of negotiable instruments, see sec. 354, subd. 8. 5§ 357-309 CORPORATE POWERS. IIC §357. Misnomer does not invalidate instrument. The misnomer of a corporation in any written instrument does not invalidate the instrument, if it can be reasonably ascertained from it what corporation is intended. En. March 21, 1872. Cal.Rep.Cit. 93, 314; 138, 194. § 358. Corporation to organize witiiin one year. If a corporation does not organize and commence tne transac- tion of its business, or the construction of its works within one year from the date of its incorporation, or if, after its organization and commencement of its business, it shall lose or dispose of all of its property, and shall fail for a period of two years to elect officers and transact, in regular order, the business of said corporation, its corporate pow- ers shall cease, and the said corporation may be dissolved at the instance of any creditor of the said corporation, at the suit of the state, on the information of the attorney- general, but the resumption of its business in good faith by such corporation prior to the commencement thereof shall be a bar to such suit. The due incorporation of any com- pany claiming in good faith to be a corporation under this part, and doing business as such, or its right to exercise corporate powers, shall not be inquired into collaterally in any private suit to which such de facto corporation may be a party; but such inquiry may be had at the suit of the state on information of the attorney-general; provided, however, as to any company claiming in good faith to be, and which has been doing business for ten consecutive years as a corporation, no such inquiry shall be made either by the state or by any person whatsoever. En. March 21, 1872. Am'd. 1900-01, 632. Cal.Rep.Cit. 64, 72; 77.372; 80,186; 82,186; 97,277; 102, 64; 102, 66; 102, 67; 106, 310; 109, 601; U7, 177; 126, 545; 131, 154; 137, 445. Same respecting street railroads: See post, sec. 502. Provision respecting railroad companies, two years: See post, sec. 468. § 359. Increasing and diminishing capital stock, how. No corporation shall issue stocks or bonds except for money paid, labor done or property actually received, and all fictitious increase of stock or indebtedness is void. Hi CORPORATE POWERS. § 359 Every corporation may increase or diminish its capital stock, and every corporation or two or more corporations, may create or increase its or their bonded indebtedness, subject to the following provisions: First — The capital stock of a corporation may be in- creased or diminished at a meeting of the stockholders by a vote representing at least two thirds of the subscribed or issued capital stock, or in the manner otherwise in this section provided; when by meeting as aforesaid, then such meeting must be called by the board of directors or trustees and notice must be given by publication in a newspaper published in the county or city and county where the prin- cipal place of business of such corporation is located, or if there be none published in said county or city and county, then in a newspaper published in an adjoining county, or city and county, such paper to be designated by the board of directors or trustees in the order calling for the meeting. Second — The notice must specify the object of the meet- ing and the amount to which it is proposed to increase or diminish the capital stock, the time and place of holding the meeting, which latter must be at the principal place of business of the corporation and at the building where the board of directors or trustees usually meet. The notice herein provided must be published once a week for at least sixty days. The capital stock can not be diminished to an amount less than the indebtedness of the corporation. Third — The bonded indebtedness of a corporation may be created or increased by a vote of the stockholders representing at least two thirds of the subscribed or issued capital stock at a meeting called by the board of directors or trustees, and after notice of the time and place of the meeting published in the same manner and for the time prescribed, which notice shall state the amount of the bonded indebtedness which it is proposed to create, or the amount to which it is proposed to increase such indebted- ness, and shall in all other respects contain the same matters as are above provided and set forth in the notice of meeting to increase or diminish the capital stock; or such original creation of bonded indebtedness may be made as otherwise in this section provided. . § 359 CORPORATE POWERS. 112 Fourth — In addition to the notice by publication, when proceedings are to be had hereunder at a meeting of stock- holders, the secretary of the corporation shall also address a notice to each of the stockholders whose names appear on the company's books as sufficiently addressed or iden- tified, at his place of residence, if known, and if not known, then at the place in which the principal place of business of the corporation is situate, which notice shall be so mailed to such stockholders at least thirty days before the day appointed for such meeting. Fifth — In lieu of such call for meeting of stockholders and of such notice and publication of the same and of a stockholders' meeting held in pursuance thereof and of said vote thereat representing at least two thirds of the subscribed capital stock, any corporation may diminish its capital stock and also originally create its bonded indebted- ness by a resolution adopted by the unanimous vote of its board of directors or trustees at a regular meeting or at a special meeting called for that purpose and approved by the written assent or assents of the stockholders holding two thirds of the subscribed or issued capital stock, which assent or assents must be filed with the secretary of the corporation; but the secretary of the coi'poration must ad- dress by mail, postage fully prepaid, a copy of such resolu- tion to each of the stockholders whose names appear upon the company's books as sufficiently addressed or identified, at his place of residence, if known, and if not known, then at the place in which the principal place of business of the corporation is situate, which notice shall be so mailed to such stockholders at least thirty days before the certificate hereinafter provided is made and signed or file [d] as here- inafter provided, and within that time any stockholder may file with such secretary his dissent in writing; but it is further provided that if at any time within said thirty days such written assent or assents of the stockholders holding all of the subscribed or issued capital stock be so filed with said secretary, then and at once and without further delay the certificate hereinafter provided for may be so made, signed and filed as hereinafter provided and with the same effect, but such capital stock cannot be dimin- ished to an amount less than the indebtedness of the corporation, and no increase of capital stock or bonded 113 CORPORATE POWERS. § 359 indebtedness can be made, except at a meeting of stock- holders as iu tliis section provided. Sixth. — Any two or more corporations may by a separate compliance by each corporation with the provisions of this section applicable in the premises in respect to creating or increasing bonded indebtedness, create or increase a con- solidated bonded indebtedness of such corporations, to be binding jointly and severally on such corporations, and v.'hich may be secured by a consolidated mortgage or deed of trust executed by all such corporations, mortgaging or conveying in trust all or any of the properties of all such corporations, acquired or to be acquired. Seventh — Upon such increase or diminution of the capital stock or creation or increase of the bonded indebtedness Iseing made in accordance with the provisions of this sec- tion there shall be made, if proceedings are had under subdivisions first, second, third and fourth above, a certifi- cate under the corporate seal and signed by the president and secretary of the corporation or of each corporation acting in the premises and a majority of the directors or trustees of such corporation, or each corporation so acting, showing a compliance by such corporation, or each cor- poration so acting, with the requirements of said last named subdivisions and the amount to which the capital stock has been increased or diminished or the amount of the bonded indebtedness created, or to which the bonded indebtedness may have been increased, and the amount o£ stock represented at the meeting and the total vote in the affirmative by which the same was accomplished and the total vote in the negative; or if such proceedings be had and taken under subdivision fifth of this section as to diminution of capital stock or original creation of bonded indebtedness a like certificate shall be made and sealed and signed, as aforesaid, showing a compliance by such corporation, and by each corporation acting in the premises, with the requirements of said subdivision fifth, and the amount to which the capital stock has been diiiiinished or the amount of bonded indebtedness so originally created, and the total amount of the stock represented by the said written assent or assents so filed with the secretary and the total amount of stock represented by the said written dissent or dissents so filed. In case of a consolidated bonded § 3G0 CORPORATE POWERS. 114 indebtedness each corporation which is a party thereto shall cause to be made and sealed and signed and veritied and filed, as in this section provided, a separate certificate. Eighth — In all cases the certificate shall state the total number of subscribed or issued shares of the capital stock of the corporatiou, gr of each corporation respectively acting in the premises, and shall be verified by the oath of the said president and secretary, or of the said respec- tive presidents and secretaries. Such consolidated bonded indebtedness may be created or increased to an amount equal to the par or face value of the aggregate amount of the subscribed or issued capital stocks of said two or more corporations, but shall not exceed such aggregate amount. In each and every case the certificate must be filed in the ofiice of the clerk in the county or city and county where the original articles of incorporation of the corporation or corporations acting hereunder are filed and a certified copy thereof, certified by such clerk, shall be filed in the oflB.ce of the secretary of state: and thereupon the capital stock shall be so increased or diminished, or the bonded indebted- ness or consolidated bonded indebtedness shall be created or increased accordingly, and such certificate or certificates so filed shall be, when said certified copy or copies are so filed, conclusive proof of such increase or diminution of capital stock or such creation or increase of bonded or consolidated bonded indebtedness and the validity of each thereof. When the by-laws of a corporation prescribe the paper in which notices of meetings of directors or trustees or stockholders are to be published the notices of publica- tion herein provided for shall be published in such paper, unless publication thereof shall have ceased. En. March 21, 1872. Am'd. 1873-4, 207; 1883, 31; 1885, 141; 1889, 364; 1893, 191; 1903, 347. Cal.Rep.Cit. 56, 651; 56, 653; 65, 617; 96, 161; 103, 630; 109, 594; 109, 597; 109, 600; 112, 213; 116, 424; 125, 454; 135, 583. § 360. Corporations may acquire real property, and how much. No corporation shall acquire or hold any more real property than may be reasonably necessary for the tran- saction of its business, or the construction of its wofks, except as otherwise specially provided. A corporation may acquire real property, as provided in title VII, part 115 CORPORATE POWERS. § 361 III, Code of Civil Procedure, when needed for any of the uses and purposes mentioned in said title. En. March 21, 1872. Am'd. 1873-4, 208. Power of insurance corporations to acquire land: See post, sec. 415. Power of railroad corporation to acquire land: See post, sec. 465. §361. Consolidation of mining corporations owning ad- joining claims. It shall he lawful for two or more corpora- tions formed, or that may hereafter be formed, under the laws of this state, for mining purposes, which own or possess mining claims or lands adjoining each other, or lying in the same vicinity, to consolidate their capital stock, debts, property, assets and franchises, in such manner and upon such terms as may be agreed upon by the respective boards of directors or trustees of such com- panies so desiring to consolidate their interests; but no such consolidation shall take place without the written consent of the stockholders representing two thirds of the capital stock of each company; and no such consolidation shall, in any way, relieve such companies, or the stock- holders thereof, from any and all just liabilities; and in case of such consolidation, due notice of the same shall be given, by advertising, for one month, in at least one news- paper in the county and state where the said mining prop- erty is situated, if there be one published therein and also in one newspaper published in the county, or city and county, where the principal place of business of any of said companies shall be. And when the said consolidation is completed, a certificate thereof, containing the manner and terms of said consolidation, shall be filed in the office of the county clerk of the county in which the original cer- tificate of incorporation of any of said companies shall be filed, and a copy thereof shall be filed in the office of the secretary of state. Such certificate shall be signed by a majority of each board of trustees or directors of the original companies; and it shall be their duty to call, within thirty days after the filing of such certificate, and after at least ten days' public notice, a meeting of the stockholders of all of said companies so consolidated, tcr elect a board of trustees or directors for the consolidated company, for §§ 361a, 362 CORPORATE POWERS. 116 the year thence next ensuing. The said certificate shall also contain all the requirements prescribed by section two hundred and ninety of said Civil Code. This act shall apply to all corporations formed under the laws of this state, whether formed under the said Civil Code or prior thereto. En. Stats. 1875-6, 75. § 361a. Transfer of franchise not valid without consent of stockholders. No sale, lease, assignment, transfer or con- veyance of the business, franchise and property, as a whole, of any corporation now existing, or hereafter to be formed in this state, shall be valid without the consent of stock- holders thereof, holding of record at least two thirds of the issued capital stock of such corporation; such consent to be either expressed in writing, executed and acknowl- edged by such stockholders, and attached to such sals, lease, assignment, transfer or conveyance, or by vote at a stockholders' meeting of such corporation called for that purpose, but with such assent, so expressed, such sale, lease, assignment, transfer or conveyance shall be valid; provided, however, that nothing herein contained shall be construed to limit the power of the directors of such cor- poration to make sales, leases, assignments, transfers or conveyances of corporate property other than those herein- above set forth. En. Stats. 1903, 396. § 362. Amendment of articles or certificate of incorpora- tion. Any corporation may amend its articles of incor- poraton by a majority vote of its board of directors or trustees, and by a vote or written assent of the stock- holders representing at least two thirds of the subscribed capital stock of such corporation; and a copy of the said articles of incorporation, as thus amended, duly certified to be correct by the president and secretary of the board of directors or trustees of such corporation, shall be filed in each ofiice where the original articles of incorporation are, or any copy thereof is, required by this code to be filed; and from the time of so filing such copy of the amended articles of incorporation, such corporation shall have the same powers, and it and the stockholders thereof shall thereafter be subject to the same liabilities, as if such amendment had been embraced in the original articles of incorporation; provided, that the time of the existence of 117 CORPORATE POWERS. §§ 3G3, 363 Eucli corporation shall not be by such amendment extended beyond the time fixed in the original articles of incorpora- tion; provided further, that such original and amended articles of incorporation shall together contain all the matters and things required by the laws under which the original articles of incorporation were executed and filed; and, also provided, that if the assent of two thirds of the said stockholders to such amendment has not been ob- tained, a notice of the intention to make the amendment shall first be advertised for thirty (30) days in some news- paper published in the town, city, or county, or city and county, in which the principal place of business of the corporation is located before the filing of the proposed amendment; and provided also, that nothing in this section shall be construed to authorize any corporation to diminish its capital stock. En. Stats. 1885, 91. Am'd. 1893, 131; 1903, 411. Cal.Rep.Cit. 99, 396; 124, 115. § 363. Corporations may own their lots and buildings. By a unanimous vote of all the directors at any regular meeting, any corporation existing or hereafter to be formed under the laws of this state may acquire and hold the lots and building on and in which its business is carried on, and may improve the same to any extent required for the con- venient transaction of its business. En. Stats. 1889, 67. This section superseded an act authorizing owning of lots and building whei'e business carried on: Stats. 1875-6, p. 653. § 363. Correction of erroneous filing of articles of in- corporation. When articles of incorporation have been prepared, subscribed, and executed in accordance with the provisions of sections two hundred and ninety and two hundred and ninety-two of the Civil Code, and such ori- ginal articles filed by error or inadvertence with the clerk of a county other than that named in the articles of incorporation as the county in which the principal place of business is to be transacted, and the secretary of state shall have issued a certificate of incorporation based on a certified copy of such original articles of incor- poration, any stockholder or director of siich corporation may petition the superior court of the county in which § S64 CORPORATE POWERS. 118 said original articles of incorporation were filed for an order to withdraw sucli original articles of incorporation, and file in place thereof a certified copy of the copy thereof on file in the ofiTice of the secretary of state. Such petition must be verified, and must state clearly the facts, showing that such articles of incorporation were filed by inadvertence and mistake; and notice of the hearing of said petition must be given for at least ten days before the day of hearing, by publication in a newspaper published in the county where such petition is filed. Upon the day set for hearing the petition the superior court may grant an order allowing such original articles of incorporation to be withdrawn, and a certified copy of the copy in the ofl^ce of the secretary of state in the place thereof filed; and the original articles of incorporation must be filed within ten days thereafter in the county in which the principal place of business is to be transacted, as stated in such articles of incorporation, and a certified copy of the order allowing such action must be filed with the certified copy in the office of the secretary of state, after which said corporation shall be entitled to all rights and privileges of a private corporation, and the title to any property it may have pre- viously acquired shall not be aftected by reason of the failure to file the original articles of incorporation in the first instance. En. Stats. 1889, 332, § 364. Corporations may transfer foreign concessions. Any corporation of this state owning grants, concessions, franchises, and properties, or any thereof, in any foreign country, may sell and convey the same to the government of such foreign country, or to any person or persons, or any corporation or corporations, or association or associations, created by or existing under the laws of this or any other state or the United States, or any foreign government; provided, however, that the powers hereby granted shall only be exercised by a majority of the entire board of directors of such corporation of this state, with the con- currence in writing of the holders of two thirds in amount of the capital stock thereof. En, Stats. 1899, 95. 119 CORPORATE POWERS. §§ 377, 378 ARTICLE II. RECORDS. § 377. Records — of what, and how kept. § 378. Other records to be kept by corporations for profit, and others. § 377. Records — of what, and how kept. All corpora- tions for profit are required to keep a record of all their business transactions; a journal of all meetings of their directors, members or stockholders, with the time and place of holding the same, whether regular or special, and if special, its object, how authorized, and the notice thereof given. The record must embrace every act done or ordered to be done; who were present, and who absent; and, if requested by, any director, member, or stockholder, the time shall be noted when he entered the meeting or ob- tained leave of absence therefrom. On a similar request the ayes and noes must be taken on any proposition, and a record thereof made. On similar request, the protest of any director, member or stockholder, to any action or proposed action, must be entered in full — all such records to be open to the inspection of any director, member, stock- holder, or creditor of the corporation. En. March 21, 1872. Cal.Rep.Cit. 63. 484; 76, 26; 78, 633; 94, 549; 107, 636; 135, 625. Refusal to permit inspection: See Pen. Code, sec. 565. § 378. Other records to be kept by corporations for profit, and others. In addition to the records required to be kept by the preceding section, corporations for profit must keep a book, to be known as the "Stock and Transfer Book," in which must be kept a record of all stock; the names of the stockholders or members, alphabetically arranged; installments paid or unpaid; assessments levied and paid or unpaid; a statement of every alienation, sale, or transfer of stock made, the date thereof, and by and to whom; and all such other records as the by-laws prescribe. Corporations for religious and benevolent purposes must provide in their by-laws for such records to be kept as may be necessary. Such stock and transfer book must be J§ 3S2. 383 CORPORATE POWERS. 120 kept open to the inspection of any stockholder, member, or creditor. En. March 21, 1872. Cal.Rep.Cit. 101, 148; 107, 453; 107, 63G. See acts concerning statements by banks and bankers. Appendix, title Banks and Banking. ARTICLE III. EXAMINATION OF CORPORATIONS, ETC. § 382. Examination into affairs of corporation, how made by officers of state. § 383. Examination made by the legislature. § 384. Chapter and article may be repealed. § 382. Examination into affairs of corporation, how made by officers of state. The attorney-general or district attorney, whenever and as often as required by the gov- ernor, must examine into the affairs and condition of any corporation in this state, and report such examination, in writing, together with a detailed statement of facts, to the governor, who must lay the same before the legislature; and for that purpose the attorney-general or district attorney may administer all necessary oaths to the di- rectors and officers of any corporation, and may examine them on oath in relation to the affairs and condition thereof, and may examine the books, papers and docuraents belonging to such corporation, or appertaining to its affairs qnd condition. En. March 21, 1872. Cal.Rep.Cit. 72, 23; 110, 460. Permitting inspection of books: See Pen. Code, sec. 565. §383. Examination made by the legislature. The legis- lature, or either branch thereof, may examine into the affairs and condition of any corporation in this state at all times; and, for that purpose, any committee appointed by the legislature, or either branch thereof, may administer all necessary oaths to the directors, officers, and stock- holders of such corporation, and may examine them on oath in relation to the affairs and condition thereof; and may examine the safes, books, papers, and documents belong- ing to such corporation, or pertaining to its affairs and con- dition, and compel the production of all keys, books, papers, and documents by summary process, to be issued on appli- 121 CORPORATE POWERS. § 384 cation to any court of record or any judge thereof, under such rules and regulations as the court may prescribe. En. March 21, 1872. Permitting inspection of books: See Pen. Code, sec. 565. § 384. Chapter and article may be repealed. The legis- lature may at any time amend or repeal this part, or any title, chapter, article, or section thereof, and dissolve all corporations created thereunder; but such amendment or repeal does not, nor does the dissolution of any such corporation, take away or impair any remedy given against any such corporation, its stockholders, or officers, for any liability which has been previously incurred. En. March 21, 1872. Note — In the constitution of California, in force when this code was adopted, was the following section: "Cor- porations may be formed under general laws, but shall hot be created by special act except for municipal pui-poses. All general laws and special acts passed pursuant to this section may be altered from time to time or repealed": Art. IV, sec. 31. The constitution of 1879, art. XII, sec. 1, preserves this section in the following language: "Cor- porations may be formed under general laws, but shall not be created by special act. All laws now in force in this state concerning corporations, and all laws that may be hereafter passed pursuant to this section may be altered from time to time or repealed." The code commissioners quote the section from the former constitution and say: "Section 384 was inserted in this code out of an abund- ance of caution, and not because it was deemed necessary, for there can. be but little doubt that the constitutional provision quoted at the head of this note enters into and becomes a part of the contract, thereby reserving to the legislature the right to repeal, impair, or alter any law relative to the formation of corporations, even though the result reached would be the dissolution of every cor- poration organized within the state." Civ. Code— 6 §§388-391 CORPORATE POWERS. 122 ARTICLE IV. JUDGMENT AGAINST AND SALE OP CORPORATE PROPERTY. § 388. Franchise may be treated as property, and sold under execution. § 389. Purctiaser to transact business of corporation. § 390. Purchaser may lecover penalties, etc. § 391. Corporation to retain powers after sale. § 392. Redemption of franchise. § 393. Sale where made. § 388. Franchise may be treated as property, and sold under execution. For the satisfaction of any judgment against any person, company, or corporation auttiorized to receive tolls, the franchise, and all the rights and privileges thereof, may be levied upon and sold under execution, in the same manner, and with the same effect, as any other property. En. March 21, 1872. Am'd. 1873-4, 208; 1897, 16. Cal.Rep.Cit. 69, 458; 80, 341; 86, 2S3 ; 98, 313. Seizure on execution: See Code Civ. Proc, sec. 688. § 389. Purchaser to transact business of corporation. The purchaser at the sale must receive a ceruficate of purchase of the franchise, and be immediately let into the possession of all property necessary for the exercise of the powers and the receipt of the proceeds thereof, and must threafter conduct the business of such corporation, with all its powers and privileges, and subject to all its liabilities until the redemption of the same, as hereinafter provided. En. March 21, 1872. § 390. Purchaser may recover penalties, etc. The pur- chaser or his assignee is entitled to recover any penalties imposed by law and i-ecoverable by the corporation for an injury to the franchise or property thereof, or for any dam- ages or other cause, occurring during the time he holds the same, and may use the name of the corporation for the purpose of any action necessary to recover the same. A recovery for damages or any penalties thus had is a bar to any subsequent action by or on behalf of the corpora- tion for the same. En. March 21, 1872. § 391. Corporation to retain powers after sale. The corporation whose franchise is sold, as in this article pro- 123 EXTENSION, ETC., OF CORPORATIONS. §§ 392-399 vided, in all other respects retains the same powers, is bound to the discharge of the same duties, ana is liable to the same penalties and forfeitures, as before such sale. En. March 21, 1872. §392. Redemption of franchise. The corporation may, at any time within one year after such sale, redeem the franchise, by paying or tendering to the purchaser thereof the sum paid therefor, with ten per cent interest tnereon, but without any allowance for the toll which he may in the mean time have received; and upon such payment or tender the franchise and all the rights and privileges thereof revert and belong to the corporation, as if no such sale had been made. En. March 21, 1872. Cal.Rep.Cit. 132, 535. § 393. Sale where made. The sale of any franchise un- der execution must be made in the county in which the corporation has its principal place of business, or in which the property, or some portion thereof, upon which the tax;es are paid, is situated. En. March 21, 1872. Am'd. 1873-4, 209. CHAPTER IV. EXTENSION AND DISSOLUTION OF CORPORATIONS. § 399. Proceedings to disincorporate. § 400. On dissolution, directors to be trustees for creditors. § 401. Extension of term. § 402. How corporations may continue their existence. (Re- pealed.) § 403. Title I to apply to all corporations, with certain exceptions. § 399. Proceedings to disincorporate. The dissolution of corporations is provided for: 1. If involuntary — in chapter V of title X, part II, of the Code of Civil Procedure; 2. If voluntary— In title VI, part III, of the Code of Civil Procedure. En. March 21, 1872. Cal.Rep.Cit. 84, 365; 84, 366; 84, 367; 108, 436. Involuntary dissolution: See Code Civ. Proc, sees. 227, 802. Voluntary dissolution: See Code Civ. Proc, sees. 1227- 1233. 85 400-403 EXTENSION, ETC., OF CORPORATIONS. 124 Act providing for dissolution of savings banks, trust companies and banlis of deposit: See post, Appendix, title Banks and Banking. §400. On dissolution, directors to be trustees for cred- itors. Unless other persons are appointed by the court, the directors or managers of the affairs of such corpora- tion at the time of its dissolution are trustees ol the cred- itors and stockholders or members of the corporation dissolved, and have full povi'er to settle the affairs of the corporation. En. March 21, 1872. Cal.Rep.Cit. 84, 358 ; 84, 3G5 ; 84, 366 ; 84, 367 ; 84, 369 ; 84, 370; 84, 374; 84, 380; 100, 119; 101, 147; 101, 148; 101, 149. §401. Extension of term. Every corporation formed for a period less than fifty years may, at any time prior to the expiration of the term of its corporate existence, extend such term to a period not exceeding fifty years from its formation. Such extension may be made at any meeting of the stockholders or members, called by the di- rectors expressly for considering the subject if voted by stockholders representing two thirds of the capital stock; or by two thirds of the members, or may be made upon the written assent of that number of stockholders or mem- bers. A certificate of the proceedings of the meeting upon such vote, or upon such assent, shall be signed by the chairman and secretary of the meeting and a majority of the directors, and be filed in the office of the county clerk, where the original articles of incorporation were filed, and a certified copy thereof in the office of the secretary of state, and thereupon the term of the corporation shall be extended for the specified period. En. March 21, 1872. Am'd. 1873-4, 209. Cal.Rep.Cit. 109, 582; 122, 339. § 402. How corporations may continue their existence. (Repealed.) En. March 21, 1872. Rep. 1873-4, 209. Cal.Rep.Cit. 122, 336 ; 122, 339. §403. Title I to apply to all corporations, with certain exceptions. The provisions of this title are applicable to every corporation, unless such corporation is excepted from its operation, or unless a special provision is made in rela- 125 GENERAL PROVISIONS. §§ 414, 415 tion thereto inconsistent with some provision in this title, in which case the special provision prevails. En. March 21, 1872. Cal.Rep.Cit. 109, 582; 122, 339. TITLE 11. INSURANCE CORPORATIONS. Chapter I. General Provisions, §§ 414-420. II. Fire, Marine and Title Insurance Corporations, §§ 424-432. III. Mutual Life, Health, and Accident Insurance Corporations, §§ 437-452. CHAPTER I. GENERAL PROVISIONS. S 414. Subscriptions to capital stock opened, and how collected. § 415. Purchase and conveyance of real estate. § 416. Policies, how issued and by whom signed. § 417. Dividends, of what and wlien declared. § 418. Directors liable for loss on insurance in certain" cases. § 419. Capital to be at least two hundred thousand dollars. § 420. Exception, capital of one hundred thousand dollars. § 414. Subscriptions to capital stock opened, and how collected. After the secretary of state issues the certifi- cate of incorporation, as provided in article I, chapter I, title I, of this part, the directors named in the articles, of incorporation must proceed in the manner specified, or in their by-laws, or if none, then in such manner as they may by order adopt, to open books of subscription to the cap- ital stock then unsubscribed, and to secure subscriptions to the full amount of the fixed capital; to levy assessments and installments thereon, and to collect the same, as in chapter II of title I provided. En. March 21, 1872. Insurance in general: See post, sees. 2527-2766. § 415. Purchase and conveyance of real estate. No in- surance corporation must purchase, hold, or convey real estate, except as hereinafter set forth, to-wit: 1. Such as is requisite for its accommodation in the convenient transaction of its business, not exceediiig in value one hundred and fifty thousand dollars; §§ 416, 417 GENERAL PROVISIONS. 128 2. Such as is conveyed to it, or to any person tor it, by way of mortgage or in trust, or otherwise, to secure or provide for the payment of loans previously contracted, or for moneys due; 3. Such as is purchased at sales upon deeds of trust or judgments obtained or made for such loans or debts; 4. Such as is conveyed to it in satisfaction of debts previously contracted in the course of its dealings. All such real estate so acquired, which is not requisite for the accommodation of such corporation in the trans- action of its business, must be sold and disposed of within five years after such corporation acquired title to the same. No such real estate must be held for a longer period than five years, unless the corporation first pro- cures a certificate from the insurance commissioner tliat the interest of the corporation will suffer materially by a forced sale of such real estate, in which event the time for the sale may be extended to such time as the insurance commissioner directs in the certificate. En, March 21, 1872. §416. Policies, how issued and by whom signed. All policies made by insurance corporations must be sub- scribed by the president or vice-president, or in case of the death, absence, or disability of those officers, by any two of the directors, and countersigned by the secretary of the corporation. All such policies are as binding and obligatory upon the corporation as if executed over the corporate seal. En. March 21, 1872. § 417. Dividends, of what and when declared. The di- rectors of every insurance corporation, at such times as their by-laws provide, must make, declare, and pay to the stockholders dividends of so much of the net profits of the corporate business and interest on capital invested as to them appears advisable; but the moneys received and notes taken for premium on risks which are undeter- mined and outstanding at the time of making the dividend must not be treated as profits, nor divided, except as pro- vided in chapter II of this title. En. March 21, 1872. Declaring dividends: See ante, sec. 309. 127 GENERAL PROVISIONS. §§ 418-420 §418. Directors liable for loss on insurance in certain cases. If any insurance corporation is under liabilities for losses to an amount equal to its capital stock, and the president or directors, after knowing the same, make any new or further insurance, the estates of all who make such insurance, or assent thereto, are severally and jointly liable for the amount of any loss which takes place under such insurance. En. March 21, 1872. §419. Capital to be at least two hundred thousand dol- lars. Every company, corporation, or association hereafter formed or organized under the laws of this state for the transaction of business in fire, marine, inland navigation, or life Insurance, must have a subscribed capital stock equal to at least two hundred thousand dollars, twenty-five per cent of which must be paid in previous to the issuance of any policy, and the residue T>'ithin twelve months from the day of filing the certificate of incorporation. No per- son, corporation, or association organized or formed under the laws of any other state or country, as a stock company, must transact any such insurance business in this state, unless such person, corporation, or association has a paid- up capital stock equal to at least two hundred thousand dollars in available cash assets, over and above all liabili- ties for losses reported, expenses, taxes, and reinsurance of all outstanding risks, as provided in section six hundred and two of the Political Code of this state. Nor must any person, corporation, or association, organized or formed under the laws of any other state or country as a mutual insurance company, transact any such insurance business in this state, unless such person, corporation, or associa- tion possesses available cash assets equal to at least two hundred thousand dollars, over and above all liabilities for losses reported, expenses, taxes, and reinsurance of all outstanding risks, as provided in said section six hundred and two of the Political Code of this state. En. March 21, 1872. Am'd. 1873-4, 269; 1877-8, 80. Cal.Rep.Cit. 64, 52. § 420. Exception, capital of one hundred thousand dol- lars. Every company, corporation, or association, here- after formed or organized under the laws of this state for the transaction of business in any kind of insurance not j424 FIRE, ETC., INSURANCE CORPORATIONS. 128 enumerated in section four hundred and nineteen of the Civil Code must have a subscribed capital stock equal to at least one hundred thousand dollars, which must be paid in at the times and in the manner prescribed for the payment of the capital stock of a corporation organized under section four hundred and nineteen of said Civil Code. No company, corporation, or association, formed or or- ganized under the laws of any other state or country as a stock company, must transact any such insurance busi- ness in this state without a paid-up capital stock of. not less than one hundred thousand dollars in available cash assets, over and above all liabilities for losses reported, expenses, taxes, and reinsurance of all outstanding risks, as provided in section six hundred and two of the Political Code of this state. Nor must any company, corporation, or association, formed or organized under the laws of any other state or country as a mutual insurance company, transact any such insurance business in this state unless such company, corporation, or association possesses avail- able cash assets equal to at least one hundred thousand dollars over and above all liabilities for losses reported, expenses, taxes, and reinsurance of all outstanding risks, as provided in said section six hundred and two of the Political Code of this state. En. Stats. 1877-8, 80. CHAPTER 11. . FIRE, MARINE, AND TITLE INSURANCE CORPORATIONS. § 424. Payment of subscriptions. Capital to be all paid in twelv* months. § 425. Certificate of capital stock paid up to be filed, and when. § 426. Property which may be insured. I 427. Funds may be invested, how. I 428. Limit of one rislv. § 429. Amounts to be reserved before making dividends. § 430. Reservation by companies with less than $200,000 capital. § 431. Amounts to be reserved by life insurance companies. § 432. Corporations for insuring titles to real estate. § 424. Payment of subscriptions. Capital to be all paid in twelve montlns. The entire capital stock of every fire or marine insurance corporation must be paid up in cash within twelve months from the filing of the articles of in- corporation, and no policy of insurance must be issued or 129 FIRE, ETC., INSURANCE CORPORATIONS. §§ 425-427 risk taken until twenty-five per cent of the whole capital stock is paid up. En. March 21, 1872. Fire insurance: See post, sees. 2752 et seq. Marine insurance: See post, sees. 2655 et seq. County fire insurance companies, act providing for: See post, Appendix, title Insurance. § 425. Certificate of capital stock paid up to be filed, and when. The president and a majority of the directors must within thirty days after the payment of the twenty-five per cent of the capital stock, and also within thirty days after the payment of the last installment or assessment of the capital stock limited and fixed, prepare, subscribe, and swear to a certificate setting forth the amount of the fixed capital and the amount thereof paid up at the times re- spectively in this section named, and file the same in the office of the county clerk of the county where the principal place of business of the corporation is located, and a dupli- cate thereof, similarly executed, with the insurance com- missioner. En. March 21, 1872. §426. Property which may be insured. Every corpora- tion formed for fire or marine insurance, or both, may make insurance on all insurable interests within the scope of its articles of incorporation, and may cause itself to be reinsured. En. March 21, 1872. Insurable interest defined: See post, sec. 2546. § 427. Funds may be invested, how. Corporations or- ganized subsequent to April first, eighteen hundred and seventy-eight, under the laws of this state, for the trans- action of business in any kind of insurance, may invest their capital and accumulations in the following named securities: 1. In the purchase of or loans upon interest-bearing bonds of the United States government. 2. In the purchase of or loans upon interest-bearing bonds of any of the states of the United States, not iu default for interest on such bonds. 3. In the purchase of or loans upon interest-bearing bonds of any of the counties and incorporated cities and towns of the states of California and Oregon, not in default for interest on such bonds. 1427 PIRE, ETC., INSURANCE CORPORATIONS. 130 4. In loans upon unincumbered real property, worth at least one hundred per cent more than the amount loaned; or upon merchandise or cereals in warehouse, but in no instance shall such loan be made in excess of seventy-five per cent of the security taken. 5. Corporations engaged in the business of insuring titles to real estate may, after the investment of one hun- dred thousand dollars in the manner provided for in sub- divisions one, two, three, and four of this section, ipvest an amount not exceeding fifty per cent of their subscribed capital stock in the preparation or purchase of the ma- terials or plant necessary to enable them to engage in such business; and such material or plant shall be deemed an asset, valued at the actual cost thereof, in all statements and proceedings required by law for the ascertainment and' determination of the condition of such corporations. 6. Corporations organized for and engaged in the busi- ness of fire and marine insurance may, after the invest- ment of two hundred thousand dollars, and corporations formed or organized for the transaction of business in any kind of insurance not enumerated in section four nundred and nineteen of the Civil Code may, after the investment of one hundred thousand dollars in the manner provided in subdivisions one, two, three, and four of this section, in- vest the balance of their capital, and any accumulations, in interest-bearing first mortgage bonds of any corpora- tions (except mining companies), not in default of interest, organized and carrying on business under the laws of any state of the United States; provided, that a two-thirds vote of all the directors of such corporations shall approve such investment. It shall be the duty of the officers of such corporation to report quarterly, on the first days of January, April, July, and October of each year, to the insurance commissioner, a list of such investments so made by them; and the insurance commissioner may, if such investments, or any of them, seem injudicious to him, require the sale of the same. But no investment in the securities named in subdivisions one, two, three, and six of this section, must be made in an amount exceeding the market value of such securities at the date of such invest- ment. En. March 21, 1872. Am'd. 1873-4, 210; 1877-8, 81; 1887, 22; 1899, 66. Cal.Rep.Cit. 123. 203. 131 FIRE, ETC., INSURANCE CORPORATIONS. §§ 428-430 §428. Limit of one risk. Fire and marine insurance corporations must never take, on any one risk, wliether it is a marine insurance or an insurance against fire, a sum exceeding one-tenth part of their capital actually paid in, and intact at the time of taking such risk, without reinsuring the excess above one-tenth. En. March 21, 1872. Am'd. 1873-4, 210. § 429. Amounts to be reserved before making dividends. No corporation formed subsequent to April first, eighteen hundred and seventy-eight, under the laws of this state, and transacting fire, marine, inland navigation insurance business, or insurance provided for by section four hun- dred and twenty (420) of this code, except insurance of the title to real property, must make any dividends except from profits remaining on hand after retaining unim- paired: 1. The entire subscribed capital stock. 2. All the premiums received or receivable on outstand- ing marine or inland risks, except marine time risks. 3. A fund equa^ to one half of the amount of all pre- miums on all other risks not terminated at the time of making such dividend. 4. A sum suflacient to pay all losses reported or in course of settlement, and all liabilities for expenses and taxes. En. March 21, 1872. Am'd. 1877-8, 81; 1887, 23. Declaring dividends generally: See ante, sec. 309; see also ante, sec. 417, as to declaring dividends by insurance companies generally. § 430. Reservation by companies with less than $200,000 capital. No fire or marine insurance corporation, with a subscribed capital of less than two hundred thousand dol- lars, must declare any dividends, except from profits remaining on hand after reserving: 1. A sum necessary to form, with the subscribed capital stock, the aggregate sum of two hundred thousand dollars; 2. All the premiums received or receivable on outstand- ing marine or inland risks, except marine time risks; 3. A fund equal to one half the amount of all premiums on fire risks and marine time risks not terminated at the time of making such dividend; §§ -131. 432 FIRE, ETC., INSURANCE CORPORATIOXa. 132 4. A sum sufficient to pay all losses reported or in course of settlement, and all liabilities for expenses and taxes. En. March 21, 1872. Cal.Rep.Cit. 110, 460. Act conferring power to establish, fire patrol: See post, Appendix, title Fire Patrol. § 431. Amounts to be reserved by life insurance com- psnies. No corporation formed under the laws of this state, and transacting life insurance business, must make any dividends, except from profits remaining on hand after retaining unimpaired — 1. The entire capital stock. 2. A sum sufficient to pay all losses reported or in course of settlement, and all liabilities for expenses and taxes. 3. A sum sufficient to reinsure all outstanding policies as ascertained and determined upon the basis of the American experience table of mortality, and interest at the rate of four and one half per cent per annum. En. 1877-8, 81. Life and health Insurance: See post, sees. 2762 et seq. § 432. Corporations for insuring titles to real estate. Corporations transacting business in insuring titles to real estate shall annually set apart a sum equal to twenty-five per cent of their premiums collected during the year, which sum shall be allowed to accumulate until a fund shall have been created amounting to ten per cent of the subscribed capital stock. Such fund shall be maintained as a further security to policy holders, and shall be known as the surplus fund; and if at any time such fund shall be impaired by reason of a loss, the am.ount by which it may be impaired shall be restored in the manner herein- above provided for its accumulation. The reporting of a less shall be deemed an impairment of such fund for the purposes of this section. Such corporation must not make any dividends except from profits remaining on hand after retaining unimpaired: 1. The entire subscribed capital stock. 2. The amount owing to the surplus fund, under the provisions of this section. 133 LIFE, ETC., INSURANCE CORPORATIONS. § 437 3. A sum sufficient to pay all losses reported, or in course of settlement, which shall be in excess of the sur- plus fund, and all liabilities for expenses and taxes. En.. 1887, 23. CHAPTER III. MUTUAL LIFE, HEALTH, AND ACCIDENT INSURANCE COR- PORATIONS. § 437. Capital stock. Guarantee fund. § 438. Of what guarantee fund shall consist. § 439. What constitutes, and deficiency in fixed capital. § 440. Declaration of fixed capital to be filed. § 441. Guarantee notes and interest, how disposed of. § 442. Insured to be entitled to vote, when. § 443. Number of directors may be altered, how. § 444. Investment of capital stock. § 445. Limitations to the holding of stock and in other particulars may be provided for in by-laws. § 446. Premiums, how payable. § 447. Insurance corporations to furnish data to insurance com- missioner. Employment of actuary. § 448. No stamp required on accident insurance contract. § 449. Valuation of policies, retaliatory provisions. § 450. Policy to contain what provisions. § 451. Fraternal societies exempt from insurance laws. § 452. Policies continued in force. (Repealed.) § 437. Capital stock. Guarantee fund. Every corpora- tion formed for the purpose of mutual insurance on the lives or health of persons, or against accidents to persons for life or any fixed period of time, or to purchase and sell annuities, must have a capital stock of not less than one hundred thousand dollars. It must not make any insurance upon any risk or transact any other business as a corpora- tion until its capital stock is fully paid up in cash, nor until it has also obtained a fund, to be known as a "guar- antee fund," of not less than two hundred and fifty thou- sand dollars, as is hereinafter provided. If more than the requisite amount is subscribed, the stock must be dis- tributed pro rata among the subscribers. Any subscrip- tion may be rejected by the board of directors or the com- mittee thereof, either as to the whole or any part thereof, and must be, so far as rejected, without effect. En. March 21, 1872. Cal.Rep.Cit. 121, 320; 121. 321; 121, 324. Act relating to life, health, accident and annuity or en- dowment insurance: See post, Appendix, title Insurance. §§438,439 LIFE. ETC., INSURANCE CORPORATIONS. 134 Incorporation of mutual insurance companies: See post, Appendix, title Insurance. § 438. Of what guarantee fund shall consist. The guar- antee fund raeutioned in the preceding section must con- sist of the promissory notes of solvent parties, approved by the board of directors and by each other, payable to the corporation or its order, and at such times, in such modes, and in such sums, with or without interest, and conform- able in all other respects to such requirements as the board of directors prescribe; but the amount of the notes given by any one person must not exceed in the whole the slim of five thousand dollars, exclusive of interest. Such notes must be payable absolutely and at the option of the corporation; they must be negotiable, and may be indorsed and transferred, or converted into cash, or otherwise dealt with by the corporation, at its discretion, without refer- ence to any contingency of losses or expenses. Such notes, or the proceeds thereof, must remain with the corporation as a fund for the better security of persons dealing with it, and constitute the assets of the corporation, liable for all its debts, obligations, and indebtedness next after its assets from premiums and other sources, exclusive of capital stock, until the net earnings, over and above its expenses, losses, and liabilities, shall have accumulated in cash, or securities in which the net earnings have been invested, to a sum which, with the capital stock, is equal to the ag- gregate of the original amounts of the guarantee fund and of the capital stock. En. March 21, 1872, § 439. What constitutes, and deficiency in fixed capital. The sum accumulated as provided in the preceding sec- tion, together with the capital stock, shall become and remain the fixed capital of the corporation, not subject to division among the stockholders or parties dealing with it, or to be expended in any manner otherwise than may be required in payment of the corporation's aebts and actual expenses, until the business of the corporation is closed, its debts paid, and its outstanding policies and obligations of every kind canceled or provided for; and if from any cause a deficiency at any time occurs in such fixed capital, no further division of profits must take place 135 LIFE, ETC., INSURANCE COMPANIES. §§ 440-442 until such deficiency has been made up. En. March 21, 1872. §440. Declaration of fixed capital to be filed. When- ever the tixed capital of the corporation is obtained as hereinbefore provided, the president of the corporation and its actuary, or its secretary, if there is no actuary, must make a declaration in writing, sworn to before some notary public, of the amount of such fixed capital and of the par- ticular kinds of property composing the same, with the nature and amount of each kind, which must be filed with the original articles of incorporation, and a copy, certified by the county clerk, must be published for at least four successive weeks, in a newspaper published in the county where the principal business of the corporation is situated. Upon the filing of such declaration the guarantee fund is discharged of its obligations, and all notes of the fund re- maining in the control of the corporation, and not affected by any lien thereon, or claim of that nature, must be sur- rendered by it to the makers thereof, respectively, or other parties entitled to receive the same. En. March 21, 1872. §441. Guarantee notes and interest, how disposed of. Until the guarantee fund is discharged from its obliga- tions, as provided in the preceding section, no note must be withdrawn from the fund, unless another note of equal solvency is substituted therefor, with the approval of the board of directors. The corporation must allow a com- mission, not exceeding five per cent, per annum, on all such guarantee notes while outstanding, and also interest on all moneys paid on such notes by the parties liable thereon, at the rate of twelve per cent per annum, payable half yearly until repaid by the corporation, unless the current rate of interest is different from this amount, in which case the rate payable may, from time to time, at intervals of not less than one year, be increased or reduced by the board of directors, so as to conform to the current rate. En. March 21, 1872. Am'd. 1873-4, 210. §442. Insured to be entitled to vote, when. After the filing of the declaration of the fixed capital, as in this article provided, the holders of policies of life insurance for the term of life, on which the premiums are not in §§443- 4 i3 LIFE, ETC., INSURANCE COMPANIES. 136 default, may vote at the election of directors, and have one vote for each one thousand dollars insured by their policies, respectively. En. March 21, 1872. Cal.Rep.Cit. 74, 492. § 443. Number of directors may be altered, how. The number of directors specified in the articles of incorpora- tion may be altered from time to time dui'ing the existence of the corporation by resolution, at the annual meeting of a majority of those entitled to vote at the election of di- rectors, but the number must never be reduced below five. En. March 21, 1872. § 444. Investment of capital stock. Life, health and accident insurance corporations may invest their capital stock as follows: 1. In loans upon unincumbered and improved real prop- erty within the state of Califoi-nia, which shall be worth at the time of the investment at least forty per cent more than the sum loaned. 2. In the purchase of or loans upon interest-bearing bonds, and other securities of the United States and of the state of California. 3. In the purchase of or loans upon interest-bearing bends of any of the other states of the union, or of any county, or incorporated city, or city and county in the state of California. 4. In the purchase of or loans upon any stocks of corporations formed under the laws of this state, except of mining corporations, which shall have, at the time of the investment, a value, in the city and county of San Francisco, of not less than sixty per cent of their par value, and shall be rated as first-class securities; but no loans shall be made on any securities ■ specified in sub- divisions three and four of this section, in any amount beyond sixty per cent of the market value of the securi- ties, nor shall any loan be made on the stock of the corporation, or notes or other obligations of its corporators. Kn. March 21, 1872. Am'd. 1873-4, 211. § 445. Limitations to the holding of stock and in other particulars may be provided for in by-laws. The corpora- 137 , LIFE, ETC., INSURANCE COMPANIES. §§ 446, 447 tion may, by its by-laws, limit the number of shares which may be held by any one person, and make such other provisions for the protection of the stockholders and the better security of those dealing with it as to a majority of the stockholders may seem proper, not inconsistent with the provisions of this title or part. En. March 21, 1872. § 446. Premiums, how payable. All premiums must be payable wholly in cash, or one half s)r a greater propor- tion in cash, and the remainder in promissory notes bearing interest, as may be provided for by the by-laws. Agreements and policies of insurance made by the cor- poration may be upon the basis of full or partial partici- pation in the profits, or without any participation therein, as may be provided by the by-laws and agreed between the parties. En. March 21, 1872. § 447. Insurance corporations to furnish data to insur- ance commissioner. Employment of actuary. Every life insurance corporation organized under the laws of this state must, on or before the first day of February of each year, furnish the insurance commissioner the necessary data for determining the valuation of all its policies out- standing on the thirty-first day of December then next preceding. And every life insurance company organized under the laws of any other state or countiy, and doing business in this state, must, upon the written requisition of the commissioner, furnish him, at such time as he may designate, the requisite data for determining the valuation of all of its policies then outstanding; such valuations must be based upon the rate of mortality estab- lished by the American experience life-table and interest at four and one half per cent per annum; provided, that from and after the thirty-first day of December, A. D. one thousand eight hundred and ninety-one, such valuations must be based upon the rate of mortality established by the combined experience or actuaries' table of mortality, with interest at the rate of four per cent per annum. When the laws of any other state or territory require of a life in- surance company organized under the laws of this state a valuation of its outstanding policies by any standard orf valuation different from that named in this section, the 8§ 448-450 LIFE, ETC., INSURANCE COMPANIES. « 138 Insurance commissioner is hereby authorized to make 8uch valuation for use in such other state or territory, and to issue his certificate in accordance therewith. For the purpose of making the valuations, the insurance com- missioner is authorized to employ a competent actuary, whose compensation for such valuations shall be three cents for each thousand dollars of insurance, to be paid by the respective companies whose policies are thus valued. En. March 21, 1872. Am'd. 1873-4, 211; 1889, 35. § 448. No stamp required on accident insurance contract. No stamp is required nor stamp duty exacted on any contract of insurance, when such contract insures against accident which may result in injury or death. En. March 21, 1872. See act of March 28, 1874, relative to Mutual Beneficial and Relief Associations, Appendix, title Benefit Societies. §449. Valuation of policies, retaliatory provisions. When the certificate of the insurance commissioner of this state, of the valuation of the policies of a life insur- ance company, as provided in section four hundred and forty-seven of the Civil Code of this state, issued to any company organized under the laws of this state, shall not be accepted by the insurance authorities of any other state, in lieu of a valuation of the same, by the iniiurance ofiicer of such other state, then every company organized under the laws of such other state doing business in this state, shall be required to have a separate valuation of its policies made under the authority of the insurance commissioner of this state, as provided in section four hundred and forty-seven of the Civil Code. En. Stats. 1873-4, 270. §450. Policy to contain what previsions. Every con- tract or policy of insurance hereafter made by any person or corporation organized under the laws of this state, or under those of any other state or country, with and upon the life of a resident of this state, and delivered within this state, shall contain, unless specifically contracted between the insurer and the insured for tontine insurance. Of for other term or paid-up insurance, a stipulation that when, after three full annual premiums shall have been 139 LIFE, ETC., INSURANCE COMPANIESv § -150 paid on such policy, it shall cease or become void solely by the nonpayment of any premium when due, its entire net reserve, by the American experience mortality, and interest at four and one half per cent yearly, less any indebtedness to the company on such policy, shall be applied by such company as a single premium, at such company's published rates in force at the date of original policy, but at the age of the insured at time of lapse, either to the purchase of nonparticipating term insurance for the full amount insured by such policy, or upon the written application by the owner of such policy, and the surrender thereof to such company within three months from such nonpayment of premium, to the purchase of a nonpartici- pating paid-up policy, payable at the time the original policy would be payable if continued in force; both kinds of insurance to be subject to the same conditions, except as to payment of premiums, as those of the original policy. It may be provided, however, in such stipulation, that no part of such term insurance shall be due or payable, unless, satisfactory proofs of death be furnished to the insuring company within one year after death, and that if death shall occur within three years after such nonpayment of premium, and during such term of insurance, there shall be deducted from the amount payable the sum of all the premiums that would have become due on the original policy if it had continued in force. If the reserve on endowment policies be more than enough to purchase temporary insurance, as aforesaid, to the end of the en- dowment term, the excess shall be applied to the purchase of pure endowment insurance, payable at the end of the term, if the insured be then living. If any life insurance corporation or company shall deliver to any person in this state a policy of insurance upon the life of any person residing in this state, not in conformity with the pro- visions of this section, the right of such corporation or company to transact business in this state shall thereupon and thereby cease and terminate, and the insurance com- missioner shall immediately revoke the certificate of such corporation or company authorizing it to do business in this state, and publish such revocation, daily, for the period of two weeks, in two daily newspapers, one pub- lished In the city of San Francisco and the other in the §§ 451-454 OFFICER? AND CORPOrwVTE STOCK. 140 city of Sacramento. En. Stats. 1873-4, 271. Am'd. 1877-8, 82; 1880, 91. Cal.Rep.Cit. 123, 679; 123, 6S0 ; 129, 458; 129, 459; 129, 460. §451. Fraternal societies exempt from insurance laws. All associations or secret orders, and ottier benevolent or fraternal co-operative societies, incorporated or organ- ized for the purpose of mutual protection and relief of its members, and for the payment of stipulated sums of money to its members, or to the family of deceased members, and not for profit, are declared not to be insurance com- panies in the sense and meaning of the insurance laws of this state, and are exempt from the provisions of all existing insurance laws of this state. En. Stats. 1873-4, 271. Am'd. 1877-8, 82. Rep. 1880, 92. En. Stats. 1885, 221. Cal.Rep.Cit. 121, 321 ; 133, 691. §452. Policies continued in force. (Repealed.) En. 1877-8, 83. Rep. 1880, 92. TITLE III. RAILROAD CORPORATIONS. Chapter I. Officers and Corporate Stock, §§ 454-459. II. Enumeration of Powers, §§ 465-478. III. Business, how Conducted, §§ 479-494.- CHAPTER I. OFFICERS AND CORPORATE STOCK. § 454. Directors to be elected, ■when. § 455. Additional provisions in assessment and transfer of stock. § 456. Corporations may borrow money and issue bonds. Limita- tion of amount. § 457. To provide a sinking fund to pay bonds. § 458. Capital stock to be fixed. § 459. Certificate of payment of fixed capital stock. §454. Directors to be elected, when. Directors of rail- road corporations may be elected at a meeting of the stockholders other than the annual meeting as a majority of the fixed capital stock may determine, or as the by-laws 141 OFFICERS AND CORPORATE STOCK. §§ 455, 456 may provide; notice thereof to be given as provided for notices of meetings to adopt by-laws in article II, chapter I, title I, of this part. En. March 21, 1S72. Cal.Rep.Cit. 110, 692; 132, 67S. § 455. Additional provisions in assessment and transfer of stock. No stock in any railroad corporation is trans- ferable until all the previous calls or installments thereon have been fully paid in; nor is any such transfer valid, except as between the parties thereto, unless at least twenty per cent has been paid thereon and certificates issued therefor, and the transfer approved by the board of directors. En. March 21, 1872. § 456. Corporations may borrow money and issue bonds. Limitation of amount. Railroad corporations may borrow, on the credit of the corporation, and under such regulations and restrictions as the board of directors thereof, by unani- mous concurrence, may impose, such sums of money as may be necessary for constructing and completing their railroad, with its equipments, and for the purchase of all necessary rolling stock and all else relative thereto, and may issue promissory notes therefor, or may issue and dispose of bonds to raise moneys necessary to pay therefor, at a rate of interest not exceeding ten per cent per annum; and may also issue bonds, or promissoi-y notes, at the same rate of interest in payment of any debts or con- tracts for constructing and completing their road, with its equipments and rolling stock, and all else relative thereto, and for the purchase of railroads and other property within the purpose of the corporation. The amount of bonds, or promissory notes, issued for such purposes must not exceed in all the amount of their capital stock; and to secure the payment of such bonds, or notes, they may mortgage their corporate property and franchises, or may secure the payments of such bonds, or notes, by deed of trust of their corporate property and franchises. Any person or corporation formed under the laws of this state, or of any other state within the United States, that the directors of the railroad corporation may, by unanimous concurrence, select, may be trustees in such deed of trust. En. March 21, 1872. Am'd. 1880, 10; 1897, 73; 1899, 57. Cal.Rep.Cit. 109, 595; 124, 328; 124, 329; 125, 409; 125, 454. H 457-459 OFFICERS AND CORPORATE STOCK. 112 Debt exceeding available means, penalty: See Pen. Code, sec. 566. § 457. To provide a sinking fund to pay bonds. The directors must provide a sinking fund, to be specially applied to the redemption of such bonds on or before their maturity, and may also confer on any holder of any bond or note so issued, for money borrowed or in payment of any debt or contract for the construction and equipment of such road, the right to convert the principal due or owing thereon into stock of such corporation, at any time within eight years from the date of such bonds, under such regulations as the directors may adopt. En. March 21. 1872. k Cal.Rep.Cit. 125, 454. § 458. Capital stocl< to be fixed. When, at any time after filing the articles of incorporation, it is ascertained that the capital stock therein set out is either more or less than actually required for constructing, equipping, operat- ing, and maintaining the road, by a two-third vote of thy stockholders the capital stock must be fixed, and a cer- tificate thereof, and of the proceedings had to fix the same, must be made out and filed in the oflice of the secretary of state. En. March 21, 1872. Cal.Rep.Cit. 65, 209. § 459. Certificate of payment of fixed capital stock. Within thirty days after the payment of the last install- ment of the fixed capital stock of any railroad corporation organized under this title and part, the president and secretary, and a majority of the directors thereof, must make, subscribe, and file in the office of the secretary of state a certificate stating the amount of the fixed capital stock, and that the whole thereof has been paid in. The certificate must be verified by the affidavit of the president and secretary. En. March 21, 1872. 143 ENUMERATION OF POWERS. § 465 CHAPTER II. ENUMERATION OF POWERS. S 465. Enumeration of powers : 1. To survey road. 2. May accept real estate. 3. May acquire real estate. 4. Lay out road, how wide. 5. Where may construct road. 6. May cross or connect roads. 7. May purchase land, timber, stone, gravel, etc. 8. Carry persons and freight. 9. Erect necessary buildings. 10. Regulate time and freights, subject to legislation. 11. Regulate force and speed. 12. Purchasing or acquiring franchises of other railroads. § 466. Map and profile to be filed. § 467. May change line of road. § 468. Forfeiture of franchise. § 469. Crossings and intersections. Condemnation. § 470. Not to use streets, alleys, or water in cities or towns, except by a two-third vote of the city or town authorities. § 471. Railroads through cities not to charge fare to and from points therein. (Repealed.) § 472. When crossing railroads or highways, how other lands are acquired. S 473. Corporations may consolidate. Publication of notice. Copy to be filed. § 474. State lands granted for use of corporations. § 475. Grant not to embrace town lots. § 476. Wood, stone, and earth may be taken from state lands. § 477. Lands to revert to state, when. S 478. Selections made, how proved and certified to. § 465. Enumeration of powers. Every railroad cor- poration lias power: 1. To survey road. To cause such examination and surveys to be made as may be necessary to the selection of the most advantageous route for the railroad; and for such purposes their officers, agents and employees may enter upon the lands or waters of any person, subject to liability for all damages which they may do thereto; 2. May accept real estate. To receive, hold, take and convey, by deed or otherwise, as a natural person, such voluntary grants and donations of real estate and other property which may be made to it to aid and encourage the construction, maintenance and accommodation of such railroad ; 3. May acquire real estate. To purchase, or by volun- tary grants or donations to receive, enter, take possession 5 465 ENUMERATION OF POWERS. ^44 of, hold and use all such real estate and other property as may be absolutely necessary for the construction and maintenance of such railroad, and for all stations, depots and other purposes necessary to successfully work and conduct the business of the road; 4. Lay out road, how wide. To lay out its road, not exceeding nine rods wide, and to construct and maintain the same, with a single or double track, and with such appendages and adjuncts as may be necessary for the convenient use of the same; 5. Where may construct road. To construct their roads across, along or upon any stream of water, watercourse, roadstead, bay, navigable stream, street, avenue or high- way, or across any railway, canal, ditch or fiume which the route of its road intersects, crosses or runs along, in such manner as to afford security for life and property; but the corporation shall restore the stream or watercourse, road, street, avenue, highway, railroad, canal, ditch or flume thus intersected to its former state of usefulness as near as may be, or so that the railroad shall not unneces- sarily impair its usefulness or injure its franchise; 6. May cross or connect roads. To cross, intersect, join, or unite its railroad with any other railroad, either before or after construction, at any point upon its route, and upon the grounds of such other railroad corporation, with the necessary turnouts, sidings and switches, and other conveniences in furtherance of the objects of its connections; and every corporation whose railroad is, or shall be hereafter intersected by any new railroad, shall unite with the owners of such new railroad in forming such intersections and connections, and grant facilities therefor; and if the two corporations cannot agree upon the amount of compensation to be made therefor, or the points or the manner of such crossings, intersections and connections, the same shall be ascertained and determined as is pro- vided in title VII, part III, Code of Civil Procedure (sees. 1237-1263); 7. May purchase land, timber, stone, gravel, etc. To purchase lands, timber, stone, gravel or other materials to be used in the construction and maintenance of its road, and all necessary appendages and adjuncts, or 145 ENUMERATION CP POWERS. § 465 •.ac(|nii-e them in the manner provided in title VII, part III, Codfj of Civil Procedure, for the condemnation of lands; uud to change the line of its road, in whole or in part "Whenever a majority of the directors so determine, as is provided hereinafter; but no such change must vary the general route of such road, as contemplated in its articles of incorporation; 8. Carry persons and freight. To carry persons and property on their railroad, and to receive tolls or com- pensation therefor; 9. Erect necessary buildings. To erect and maintain all necessary and convenient buildings, stations, depots, fixtures and machinery for the accommodation and use of their passengers, freight and business; 10. Regulate time and ireights, subject to legislation. To regulate the time and manner in which passengers and property shall be transported, and the tolls and com- pensation to be paid therefor within the limits prescribed by law and subject to alteration, change or amendment by the legislature at any time; 11. Regulate force and speed. To regulate the force and speed of their locomotives, cars, trains or other machinery used and employed on their road, and to estab- lish, execute and enforce all needful and proper rules and regulations for the management of its business transac- tions usual and proper for railroad corporations; 12. Purchasing or acquiring franchises of other rail- roads. To purchase, lease or acquire the franchises, rights and property, or any part thereof, of any railroad cor- poration, leasing or owning any railroad outside of the state of California, and to operate the same, and lo use the franchises of any such road, and to build and operate extensions thereof; provided that nothing herein shall authorize any corporation to purchase the franchises, rights and property of any railroad operated in competition with it; and to purchase, acquire and hold the stocks, bonds or other securities of any railroad corporation organized under the laws of this state or of any other state or territory, with full power to sell the same; provided that nothing herein will authorize any corporation to purchase the stock of any railroad corporation operated Civ. Code— 7 5§ 466, 467 ENUMERATION OF POWERS. 146 in competition witli it. En. Marcli 21, 1872. Am'd. 1903, 245. Cal.Rep.Cit. G7, 432; 92, 045; 111, 227. Subd. 1 — 67, 431; 129, 10; 134, 415. Subd. 2—129, 10. Subd. 3 — 53, 227; 129, 10. Subd. 4 — 53, 227; 67, 431; 134, 415. Subd. 5— 69, 206; 92, 645; 93, 265. Subd. 6 — 91, 452. Subd. 7— 53, 228; 67, 431; 134, 414. Exceeding limit upon power to acquire realty: See ante, sec. 360. Eminent domain: See Code Civ. Proc, sees. 1237-1263. Subd. 8. Rates of charges: See post, sec. 489. Estab- lishment of rates by railroad commissioners: See Const. Cal., art. XII, sec. 22. Subd. 10. Regulating time and manner of transporta- tion, time tables of starting: See post sec. 481. §466. Map and profile to be filed. Every railroad cor- poration in this state must, within a reasonable time after its road is finally located, cause to be made a map and profile thereof, and of the land acquired for the use thereof, and the boundaries of the several counties through which the road may run, and file the same in the office of the secretary of state; and also like maps of the parts thereof located in different counties, and file the same in the ofiice of the clerk of the county in which such parts of the road are, there to remain of record forever. The maps and profiles must be certified by the chief engineer, the acting president and secretary of such company, and copies of the same, so certified and filed, be kept in the office of the secretary of the corporation, subject to examination by all parties interested. En. March 21, 1872. Cal.Rep.Cit. 67, 432. § 467. May change line of road. If, at any time after the location of the line of the railroad and the filing of the maps and profiles thereof, as provided in the preceding section, it appears that the location- can be improved, the directors may, as provided in subdivision 7, section 465, alter or change the same, and cause new maps and profiles to be filed, showing such changes, in the same offices where the originals are of [on] file, and may proceed in the same manner as the original location was acquired, to acquire and take possession of such new line, and must sell or relinquish the lands owned by them for the original 147 ENUMERATION OF POWERS. §§ 468-470 location, within five years after such change. No new location as herein provided must be so run as to avoid any points named in their articles of incorporation. En. March 21, 1872. Changing location: See, ante, sec. 465, subd. 7. §468. Forfeiture of franchise. Every railroad corpora- tion must v^^ithin two years after filing its original articles of incorporation, begin the construction of its road, and must every year thereafter complete and put in full opera- tion at least five miles of its road, until the same is fully completed; and upon its failure so to do, for the period of one year, its right to extend its road beyond the point then completed is forfeited. En. March 21, 1872. Cal.Rep.Cit. 92, 646. Organizing and commencing work: See general pro- vision, ante, sec. 358. Act enabling railroad companies to complete railroads: See post. Appendix, title Railroads. § 469. Crossings and intersections. Condemnation. Whenever the track of one railroad intersects or crosses the track of another railroad, whether the same be a street railroad, wholly within the limits of a city or town, or other railroad, the rails of either or each road must be so cut and adjusted as to permit the passage of the cars on each road with as little obstruction as possible; and, in case the persons or corporations owning the railroads cannot agree as to the compensation to be made for cutting and adjusting the rails, the condemnation of the right of way over the one for the use of the other road, may be had in proceedings under title VII, part III, Code of Civil Procedure, and the damages assessed and the right of way granted as in other cases. En. March 21, 1872. Right of 'eminent domain: Code Civ. Proc, sees, 1237- 1263. Crossings and Intersection: See ante, sec. 465, subd. 6. §470. Not to use streets, alleys, or water in cities or towns, except by a two-third vote of the city or town authorities. No railroad corporation must use any street, alley, or highway, or any of the land or water, within any §§471-473 i:.nu;.:~::ation of powers. 148 incorpciated city or town, unless the right to so use the same is granted by a two-third vote of the town or city authority from which the right must emanate. En. March 21, 1S72. Cal.Rep.Cit. 69, 206; 92, 645; 105, 94; 109, 319. § 471. Railroads through cities not to charge fare to and from paints therein. (Repealed.) En. March 21, 1872. Am^d. 1875-6, 76. Rep. 1877-8, 84. §472. When crossing railroads or highways, how other lands are acquired. Whenever the traclv of such railroad crosses a railroad or highway, such railroad or highway may be carried under, over, or on a level with the track, as may be most expedient; and in cases where an em- bankment or cutting necessitates a change in the line of such railroad or highway, the corporation may take such additional lands and material as are necessary for the construction of such road or highway on such new line. If such other necessary lands cannot be had otherwise, they may be condemned as provided in title VII, part III, Code of Civil Procedure; and when compensation is made therefor, the same becomes the psoperty of the corporation. En. March 21, 1872. § 473. Corporations may consolidate. Publication of notice. Copy to be filed. Any railroad corporation incor- porated under the laws of this state may consolidate with one or more railroad corporations Incorporated under the laws of this state, or under the laws of any other state or territory of the United States, its capital stock, prop- erties, roads, equipments, adjuncts, franchises, claims, demands, contracts, agreements, obligations, debts, lia- bilities and assets of every kind and description, upon such terms and in such manner as may be agreed upon by their respective boards or directors; provided, no such consolidation shall take effect until the same shall have been ratified and coniirmed in writing by stockholders of the respective corporations representing three fourths of the subscribed capital stock of their respective corpora- tions. In case of such consolidation "articles of incor- poration and consolidation" must be prepared, setting forth: First, the name of the new corporation; second, the 149 ENUMERATION OF POWERS. § 473 purpose for which it is formed; third, the place where its principal business is to be transacted; fourth, the term for which it is to exist, which shall not exceed fifty years; fifth, the number of its directors (which shall not be less than five nor more than thirteen) and the names and residences of the persons appointed to act as such until their suc- cessors are elected and qualified; sixth, the amount of its capital stock (which shall not exceed the amount actually required for the purposes of the new corporation, as esti- mated by competent engineers), and the number of shares into which it is divided; seventh, the amount of stock actually subscribed, and by whom; eighth, the termini of its road or roads and branches; ninth, the estimated length of its road or roads and branches; tenth, the names of the constituent corporations, and the terms and con- ditions of consolidation in full. Said articles of incor- poration and consolidation must be signed and counter- signed by the presidents and secretaries of the several constituent corporations and sealed with their corporate seals. There must be annexed thereto memoranda of the ratification and confirmation thereof by the stock- holders of each constituent corporation, which must be respectively signed by stockholders representing at least three fourths of the capital stock of their respective cor- porations. When completed as aforesaid said articles must be filed in the olfice of the county clerk of the county in which the original articles of incorporation of either of the consolidating corporations are filed, and a copy of the articles of incorporation and consolidation certified by such county clerk must be filed in the oflice of the secretary of state, and thereupon the constituent corpora- tions named therein must be deemed and held to have become extinct in all courts and places, and said new corporation must be deemed and held in all courts and places to have succeeded to all their several capital stocks, properties, roads, equipments, adjuncts, franchises, claims, demands, contracts, agreements, assets, choses and rights in action of every kind and description, both at law and in equity, and to be entitled to possess, enjoy, and enforce the same and every thereof, as fully and completely as either and every of its constituents might have done had no consolidation taken place. Said consolidated or new J§ 474-476 ENUMERATION OF POWERS. 150 corporation must also, in all courts and places, be deemed and held to have become subrogated to its several con- stituents and each thereof, in respect to all their contracts and agreements with other parties, and all their debts, obligations, and liabilities, of every kind and nature, to any persons, corporations, or bodies politic, whomsoever, or whatsoever, and said new corporation must sue and be sued in its own name in any and every case in which any or either of its constituents might have sued or might have been sued at law or in equity had no such consolida- tion been made. Nothing in this section contained shall be construed to impair the obligation of any contract to which any of such constituents were parties at the date of such consolidation. All such contracts may be enforced by action or suit, as the case may be, against the con- solidated corporation, and satisfaction obtained out of the property which, at the date of the consolidation, belonged to the constituent which was a party to the contract in action or suit, as well as out of any other property belong- ing to the consolidated corporation. En. March 21, 1872. Am'd. 1900-01, 327. Cal.Rep.Cit. 67, 61; 76,405; 76,407; 98, 216 ; 109, 577 ; 109, 583; 109, 584; 109, 586; 109, 593; 109, 601; 110, 504; 119, 343. § 474. State lands granted for use of corporations. There is granted to every railroad corporation the right of way for the location, construction and maintenance of their necessary works, and for every necessary adjunct thereto, over any swamp, overflowed, or other public lands of the state not otherwise disposed of or in use, not in any case exceeding in length or width that which is necessary for the construction of such works and adjuncts, or for the protection thereof, not in any case to exceed two hundred feet in width. En. March 21, 1872. § 475. Grant not to embrace town lots. The grants mentioned in the preceding section do not apply to public lands of the state within the corporate limits of towns and cities, or within three miles thereof. En. March 21, 1872. § 476. Wood, stone, and earth may be taken from state lands. The right to take from any of the lands belonging to the state, adjacent to the works of the corporation, all 151 ENUMERATION OF POWERS. §§ 477, 478 materials, such as wood, stone, and earth, naturally appurtenant thereto, which may be necessary and con- venient for the original construction of its works and adjuncts, is granted to such corporations. En. March 21, 1872. § 477. Lands to revert to state, when. If any corpora- tion receiving state lands or appurtenances thereunder is dissolved, ceases to exist, is discontinued, or the route or line of its works is so changed as not to cover or cross the lands selected, or the use of the lands selected is abandoned, such selected lands revert, and the title thereto is reinvested in the state or its grantees, free from all such uses. En. March 21, 1872. § 478. Selections made, how proved and certified to. When any selection of the right of way, or land for an adjunct to the works of a railroad corporation, is made by any corporation, the secretary thereof must transmit to the surveyor-general, comptroller of state, and recorder of the county in which the selected lands are situate, a plat of the lands so selected giving the extent thereof and uses for which the same is claimed or desired, duly verified to be correct; and, if approved, the surveyor- general must so indorse the plat, and issue to the corpora- tion a permit to use the same, unless on petition properly presented to the court, a review is had and such use prohibited. En. March 21, 1872. Cal.Rep.Cit. 101, 336. §§ 479, 480 BUSINESS, HOW CONDUCTED. 152 CHAPTER III. BUSINESS, HOW CONDUCTED. § 479. Checks to be affixed to all baggage. Damages, § 4S0. Annual report to be verified. Form of report. § 481. Duties of corporation. I 482. Corporation to pay damages for refusal. § 483. Furnish room inside passenger cars, and be responsible for damages occurring on freight and other cars. S 484. Corporations to post printed regulations, and not responsible for damages in violation of rules. S 485. Fences. To pay damages. Not liable in certain cases. Cor- poration may recover damages, when. § 486. Regulations of trains. Penalty. § 487. Passenger refusing to pay fare. § 488. Officers to wear badge. § 489. Rates of charges. § 490. Passenger tickets, how issued, and to be good for six months. § 491. Character of rails to be used. § 492. Elevated or underground railways. § 493. To apply to all railroad companies. § 494. Sale of property to another railroad. §479. Checks to be affixed to all baggage. Damages. A check must be affixed to every package or parcel of baggage when taken for transportation by any agent or employee of such railroad corporation, and a duplicate thereof given to the passenger or person delivering the same in his behalf; and if such check is refused on demand, the railroad corporation must pay to such passenger the sum of twenty dollars, to be recovered in an action for damages; and no fare or toll must be collected or received from such passenger, and if such passenger has paid his fare, the same must be returned by the conductor in charge of the train; and on producing the check, if his baggage is not delivered to him by the agent or employee of the rail- road corporation, he may recover the value thereof from the corporation. En. March 21, 1872. Cal.Rep.Cit. 120, 317. § 480. Annual report to be verified. Form of report. Every railroad corporation must make an annual report to the secretary of state, or other officer designated by law, of its operations for each year, ending on the thirty-first day of December, verified by the oaths of the president or acting superintendent of operations, the secretary and treasurer of such corporation, and file it in the office of the 153 BUSINESS, HOW CONDUCTED. 5 481 secretary of state, or such other designated officer, by the twentieth day of February, which must state: 1. The capital stock, and the amount thereof actually paid in; 2. The amount expended for the purchase of lands for the construction of the road, for buildings, and for engines and cars, respectively; 3. The amount and nature of its indebtedness, and the amount due the corporation; 4. The amount received from the transportation of pas- .sengers, property, mails, and express matter, and from other sources; 5. The amount of freight, specifying the quantity in tons; 6. The amount paid for repairs of engines, cars, build- ings, and other expenses, in gross, showing the current expenses of running such road; 7. The number and amount of dividends, and when paid; 8. The number of engine-houses and shops, of engines and cars, and their character. En. March 21, 1872. § 481. Duties of corporation. Every such corporation must start and run their cars, for the transportation of persons and property, at such regular times as they shall fix by public notice, and must furnish sufficient accommoda- tions for the transportation of all such passengers and property as, within a reasonable time previous thereto, offer or is offered for transportation, at the place of starting, at the junction of other railroads, and at siding and stopping-places established for receiving and discharg- ing way passengers and freight; and must take, transport, and discharge such passengers and property at, from, and to such places, on the due payment of tolls, freight, or fare therefor. En. March 21, 1872. Cal.Rep.Cit. 134, 414. Rules and regulations: See post, sec. 484. Act compelling railroads to operate roads: See post. Appendix, title Railroads. Act exempting railroad constructed at elevation of five thousand feet from operating roads at certain times: See post. Appendix, title Railroads. §§482-485 BUSINESS. HOW CONDUCTED. 154 Act organizing railroad commissioners and defining powers: See post. Appendix, title Railroads. § 482. Corporation to pay damages for refusal. In case of refusal by such corporation or their agents so to take and transport any passengers or property or to deliver the same, at the regular appointed places, such corporation must pay to the party aggrieved all damages which are sustained thereby, with costs of suit. En. March 21, 1872. § 483. Furnish room inside passenger cars, and be re- sponsible for damages occurring on freight and other cars. Every railroad corporation must furnish, on the intide of .its passenger cars, sufficient room and accommodations for all passengers to whom tickets are sold for any one trip, and for all persons presenting tickets entitling them to travel thereon; and when fare is taken for transporting passengers on any baggage, wood, gravel, or freight car, the same care must be taken and the same responsibility is assumed by the corporation as for passengers on pas- senger cars. En. March 21, 1872. Cal.Rep.Cit. 70, 173. Accommodations to be furnished: See ante, see. 481. § 484. Corporations to post printed regulations, and not responsible for damages in violation of rules. Every railroad corporation must have printed and conspicuously posted on the inside of its passenger cars its rules and regulations regarding fare and conduct of its passengers; and in case any passenger is injured on or from the plat- form of a car, or on any baggage, wood, gravel, or freight car, in violation of such printed regulations, or in violation of positive verbal instructions or injunctions given to such passenger in person by any olficer of the train, the corporation is not responsible for damages for such injuries, unless the corporation failed to comply with the provisions of the preceding section. En. March 21, 1872. Cal.Rep.Cit. 78. 364 ; 87, 73. Rules and regulations by carriers of passengers, gener- ally: See, post, sec. 2186. §485. Fences. To pay damages. Not liable in certain cases. Corporation may recover damages, when. Railroad corporations must make and maintain a good and suflacient 155 BUSINESS, HOW CONDUCTED. 5 486 fence on either or both sides of their track and property In case they do not make and maintain such fence, if their engine or cars- shall kill or maim any cattle or other domestic animals upon their line of road which passes through or along the property of the owner thereof, they must pay to the owner of such cattle or other domestic animals a fair market price for the same, unless it occurred through the neglect or fault of the owner of the animal so killed or maimed. Railroad corporations paying to the owner of the land through or along which their road is located an agreed price for making and maintaining such fence, or paying the cost of such fence, with the award of damages allowed for the right of way for such railroad, are relieved and exonerated from all claims for damages arising out of the killing or maiming any animals of persons who thus fail to construct and maintain such fence; and the owners of such animals are responsible for any damages or loss which may accrue to such corporation from such animals being upon their railroad track, resulting from the nonconstruction of such fence, unless it is shown that such loss or damage occurred through the negligence or fault of the corporation, its officers, agents, or employees. En. March 21, 1872. Cal.Rep.Cit. 64,113; 65,318; 86,284; 94, 570 ; 104, 28; 110, 456; 114, 508; 126, 518; 126, 573. § 485. Regulations of trains. Penalty. A bell, of at least twenty pounds' weight, must be placed on each locomotive engine, and be rung at a distance of at least eighty rods from the place where the railroad crosses any street, road, or highway, and be kept ringing until it has crossed such street, road, or highway; or a steam-whistle must be attached, and be sounded, except in cities, at the like distance, and be kept sounding at intervals until it has crossed the same, under a penalty of one hundred dollars for every neglect, to be paid by the corporation operating the railroad.which may be recovered in an action prosecuted by the district attorney of the proper county, for the use of the state. The corporation, is also liable for all damages sustained by any person, and caused by its locomotives, train, or cars, when the provisions of this section are not complied with. En. March 21, 1872. Cal.Rep.Cit. 52, 604; 61, 328; S5, 296; 86, 3TS : 9S, 311; 122. 567 ; 132, 256. §§487-489 BUSINESS. HOW CONDUCTED. 166 Omitting to ring the bell, a misdemeanor: Pen, Code, sec. 390. § 487. Passenger refusing to pay fare. If any passenger refuses to pay his fare, or to exhibit or surrender his ticket, when reasonably requested so to dp, the conductor and employees of the corporation may put him and his baggage out of the cars, using no unnecessary force, at any usual stopping-place, or near any dwelling-house, on stop- ping the train. En. March 21, 1872. Cal.Rep.Cit. 65, 628; 97, 5. Refusing to pay fare: See, generally, post, sees. 2187 et seq. § 488. Officers to wear badge. Every conductor, bag- gage-master, engineer, brakeman, or other employee of any railroad corporation, employed on a passenger train or at stations for passengers, must wear upon his hat or cap, or in some conspicuous place on the breast of his coat, a badge, indicating his office or station, and the initial letters of the name of the corporation by which he is employed. No collector or conductor, without such badge, is au- thorized to demand or to receive from any passenger any fare, toll, or ticket, or exercise any of the powers of his office or station; and no other officer or employee, without such badge, has any authority to meddle or interfere with any passenger or property. En. March 21, 1872. Cal.Rep.Cit. 109, 104. § 489. Rates of charges. All railroad corporations must fix and publish their rates of charges for freightage and fares from one depot to another, on their various lines of road in this state, graduated as follows: 1. One rate of charges per mile for a distance of one hundred miles or over; 2. One rate for a distance of seventy-five and less than one hundred miles, charging not exceeding ten per cent per mile more than the first rate; 3. One rate for a distance of fifty and less than seventy- five miles, charging not exceeding fifteen per cent per mile more than the first rate; 4. One rate for a distance of twenty-five and less than fifty miles, charging not exceeding twenty per cent per mile more than the first rate; 157 BUSINESS, HOW CONDUCTED. § 490 5. One rate for a distance not exceeding twenty-five miles, charging not exceeding twenty-five per cent per mile more than the first rate. But in no case, nor in any class of charges hereinbefore named, shall any railroad corporation charge or receive more than ten cents per mile for each passenger, nor fifteen cents per mile for each ton of freight transported on its road. For every transgression of these limita- tions the corporation is liable, to the party suffering thereby, treble the entire amount of fare or freightage so charged to such party. In no case is the corporation required to receive less than twenty-five cents for any one lot of freight for any distance. En. March 21, 1872. Cal.Rep.Cit. 105, 545; 105, 546; 105, 547; 105, 548; 105, 549; 105, 555. Asking or receiving illegal fare a misdemeanor: Pen. Code, sec. 525. Rates of charges on street railroads: Post, sec. 501. Power of railroad corporations to charge tolls or com- pensation: Sec. 465. subd. 8. § 490. Passenger tickets, how issued, and to be good for six months. Every railroad corporation must provide, and on being tendered the fare therefor fixed, as provided in the preceding section, furnish to every person desiring a passage on their passenger cars a ticket, which entitles the purchaser to a ride, and to the accommodations pro- vided on their cars, from the depot or station where the same is purchased to any other depot or station on the line of their road. Every such ticket entitles the holder thereof to ride on their passenger cars to the station or depot of destination, or any intermediate station, and from any intermediate station to the depot of destination desig- nated in the ticket, at any time within six months there- after. Any corporation failing so to provide and furnish tickets, or refusing the passage which the same calls for when sold, must pay to the person so refused all actual damages caused thereby, with reasonable counsel fees ex- pended in recovering same. En. March 21, 1872. Am'd. 1900-01. 600. Cal.Rep.Cit. 105, 537; 105, 540; 105, 542; 105, 543; 105, 544; 105, 545; 105, 546; 105, 547; 105. 548; 105, 549; 105, 550; 105, 551; 105, 552; 105, 553; 105, 554; 105, 555; 105, 556; 132. 411; 132, 413; 132. 416; 132, 418; 132, 420. §5 491-404 BUSINESS, HOW CONDUCTED. 158 §491. Character of rails to be used. All railroads, other than street railroads and those used exclusively tor carry- ing freight or for mining purposes, built by corporations organized under this chapter, must |pe constructed of the best quality of iron or steel rail, known as T or H rail, or other pattern of equal utility. En. March 21, 1872. Am'd. 1873-4, 212. Cal.Rep.Cit. 132, 678. § 492. Elevated or underground railways. The legis- lative or other body to whom is intrusted the government of the county, city and county, city, or town, under such regulations, restrictions, and limitations, and upon such terms and payment of license tax as the county, city and county, city, or town authority may provide, may grant franchises for the construction of elevated or underground railroad tracks over, across, or under the streets and pub- lic highways of any such county, city and county, city, or town, for the term not exceeding fifty years; provided, that before granting such franchise there shall be pre- sented to such legislative or other body a petition signed by the owners of a majority of the landed property, other than public property, on the line of said elevated portion applied for. En. Stats. 1895, 242. §493. To apply to all railroad companies. This act shall apply to all railroad companies heretofore and here- after incorporated. En. Stats. 1895, 242. § 494. Sale of property to another railroad. Any rail- road corporation, person or persons, firm or corporation, owning any railroad in this state, may sell, convey, and transfer its property and franchises, or any part thereof, to any other railroad corporation, whether organized under the laws of this state or of any other state or territory, or under any act of congress; and any other such railroad corporation receiving such conveyance may hold and ope- rate such railroad franchises and property within this state, build and operate extensions and branches thereof, and thereunto exercise the right of eminent domain, and do any other business in connection therewith, as fully and effectually to all intents and purposes as if such corpora- 159 BUSINESS, HOW CONDUCTED. § 494 tion were organized under the laws of this state; provided, that before such sale, conveyance, or transfer shall be- come operative, an agreement In writing must be executed by the parties thereto, containing the terms and conditions of the purchase and sale, and its execution must be author- ized by the board of directors and ratified by three fourths of the stockholders of each of the railroad companies that are parties to such conveyance and transfer, and said agreement or conveyance shall be recorded in each county through which said road or roads pass in this state; and provided further, that no sale, conveyance, or transfer under this act shall relieve the franchise or property sold, conveyed, or transferred, from the liability of the grantor contracted or incurred in the operation, use, or enjoyment of such franchise or any of its privileges; provided, that thifs section shall not authorize any corporation to pur- chase any railroad property operated in competition with it; and provided further, that any o^ all established rates for fares and tolls for carrying passengers or freight be- tv/een any points upon any railroad purchased under the provisions of this act, shall not be increased v.ithout the consent of the governmental authority in which is vested by law the power to regulate fares and freights; and pro- vided further, that whenever a railroad corporation, which has purchased any line of road under this act, shall for the purposes of competing with any other common carrier lower its rates for transportation of passengers or freight from one point to another upon such line purchased, such reduced rates shall not be again raised or increased from such standard without the consent of the governmental authority in which shall be vested the power to regulate tares and freights; and provided further, that for every violation of the provisions of this act on the part of di- rectors or governing officers of said corporation, the state shall be entitled to recover from such offending railroad company the sum of ten thousand dollars. It is hereby declared to be the duty of the attorney-general of the state, in the event of any such violation, to demand and collect from such company the said penalty; and he is hereby authorized and empowered to prosecute all the necessary actions in the name of the people of the state of Califor- nia against such company in the courts of the state. All §494 BUSINESS, HOW CONDUCTED. 160 money so collected shall be paid into the general fund of this state. En. Stats. 1903, 50. This was a new section adopted in 1903. There was an- other section 494 adopted in 1899 covering the same ground. It is probably superseded by the above section, but as the section adopted in 1903 makes no mention of it, and as the question as to whether it is in force or not can only be de- termined by judicial decision, it is here appended: Any railroad corporation owning any railroad in this state may sell, convey, and transfer its property and franchises, or any part thereof, to any other railroad corporation, whether organized under the laws of this state or of any other state or territory, or under any act of congress; and any other such railroad corporation receiving such conveyance may hold and operate such railroad franchises and property within this state, build and operate extensions and branches thereof, and thereunto exercise the right of emi- nent domain, and do sCny other business in connection therewith, as fully and effectually to all intents and pur- poses as if such corporation were organized under the laws of this state; provided, that such sale, conveyance and transfer shall be made within three years from the date this act shall take effect; and provided further, that before such sale, conveyance or transfer shall become operative, an agreement in writing must be executed by the parties thereto, containing the terms and conditions of the pur- chase and sale, and its execution must be authorized by the board of directors and ratified by three fourths of the stockholders of each of the railroad companies that are parties to such conveyance and transfer, and said agree- ment or conveyance shall be recorded in each county through which said road or roads pass in this state; and provided further, that no sale, conveyance or transfer under this act shall relieve the franchise or property sold, conveyed or transferred from the liability of the grantor contracted or incurred in the operation, use or enjoyment of such franchise or any of its privileges; provided, that this section shall not authorize any corporation to pur- chase any railroad property operated in competition with it; and provided, however, corporations operating any railroad or part of a railroad under lease shall be entitled to purchase such leased property (whether competitive or 161 BUSINESS, HOW CONDUCTED. § 494 otherwise) under the provisions and subject to the condi- tions of this act; and provided further, that any or all established rates for fares and tolls for carrying passen- gers or freight between any points upon any railroad pur- chased under the provisions of this act, shall not be in- creased without the consent of the governmental authority in which is vested by law the power to regulate fares and freights; and provided further, that whenever a rail- road corporation, which has purchased any line of road under this act, shall for the purpose of competing with any other common carrier lower its rates for transportation of passengers or freight from one point to another upon such line purchased, such reduced rates shall not be again raised or increased from such standard without the consent of the governmental authority in which shall be vested the power to regulate fares and freights; and provided further, that for every violation of the provisions of this act on the part of directors, or other governing officers of said corporation, the state shall be entitled to recover from such offending railroad company the sum of ten thousand dollars. It is hereby declared to be the duty of the attorney-general of the state, in the event of any such violation, to demand and collect from such company the said penalty; and he is hereby authorized and em- powered to prosecute all the necessary actions in the name of the people of the state of California against such com- pany in the courts of the state. All money so collected shall be paid into the general fund of this state. En. Stats. 1899, 178. § 497 STREET RAILROAD CORPORATIONS. 162 TITLE IV. STREET RAILROAD CORPORATIONS. S 497. Authority to lay street railroad track, how obtained. Limi- tations and restrictions. § 498 Restrictions and limitations. Manner of constructing tracks. § 499. Two corporations may use the same track. § 500. Crossing tracks. Obstructions. § 501. Rates of fare, speed, etc. § 502. Time allowed for commencing and completing work. Penalty. Extension of time. S 503. May make further regulations and rules. g 504. Penalty for overcharging. § 505. To provide and furnish passenger tickets. Penalty. § 506. Proof of agency. S 507. Preserved rights. § 508. License to be paid to city or town. § 509. Track for grading purposes. § 510. Provisions of title III applicable to street railroads. § 511. Title applicable to natural persons alike with corporations. §497. Authority to lay street railroad track, how ob- tained. Limitations and restrictions. Authority to lay railroad tracks through the streets and public highways of any incorporated city, city and county, or town, may be obtained for a term of years not exceeding fifty, from the trustees, council, or other body to whom is intrusted the government of the city, city and county or town, under such restrictions and limitations, and upon such terms and payment of license tax, as the city, city and county, or town authority may provide. In no case must permission be granted to propel cars upon such tracks otherwise than by electricity, horses, mules, or by wire ropes running under the streets and moved by stationary engines, unless for special reasons in this title hereinafter mentioned; provided, however, that such board or body in granting the right, or at any time after the same is granted, to use electricity or any other of said modes, shall have power to impose such terms, restrictions, and limitations as to the use of streets and the construction and mode of operating such electric and other roads as may, by such board or body, be deemed for the public safety or welfare. En. March 21, 1872. Am'd. 1875-6, 76; 1891, 12. Cal.Rep.Cit. 57,167; 57,175; 57,176; 90, 38; 90, 3» ; 91, 340; 91, 454; 105, 92; 105, 93; 105, 94; 117, 611; 117, 616. Act limiting time within which franchise may be grant- ed : See post, Appendix, title Railroads. 163 STREET RAILROAD CORPORATIONS. §§ 498-500 Act validating ordinance granting franchise: See post, Appendix, title Railroads. Act empowering railroad to use electricity or steam: See post, Appendix, title Railroads. § 498. Restrictions and limitations. Manner of con- structing tractcs. The city or town authorities, in grant- ing the right of way to street railroad corporations, in addi- tion to the restrictions which they are authorized to im- pose, must require a strict compliance with the following conditions, except in the cases of prismoidal or other elevated railways. In such cases, said railway shall be required to be constructed in such a manner as will present the least obstruction to the freedom of the streets on which it may be erected when allowed by the granting power: First, to construct their tracks on those portions of streets designated in the ordinance granting the right, which must be, as nearly as possible, in the middle thereof. Second, to plank, pave, or macadamize the entire length of the street used by their track, between the rails, and for two feet on each side thereof, and between the tracks, if there be more than one, and to keep the same constantly in repair, flush with the street, and with good crossings. Third, that the tracks must not be more than five feet wide within the rails, and must have a space between them sufficient to allow the cars to pass each other freely. En. March 21, 1872. Am'd. 1873-4, 212; 1875-6, 77. Cal.Rep.Cit. 57, 518; 87, 599; 89, 309; 91, 454. § 499. Two corporations may use the same track. Two lines of street railway, operated under different manage- ments, may be permitted to use the same street, each pay- ing an equal portion for the construction of the tracks and appurtenances used by said railways jointly; but in no case must two lines of street railway, operated under different managements, occupy and use the same street or tracks for a distance of more than five blocks consecutively. En. March 21, 1872. Am'd. 1891, 13. Cal.Rep.Cit. 54, 74; 54, 75; 57,168; 57.170; 57,177; 91, 452; 91, 454; 115, 297; 129, 182; 135, 659. § 500. Crossing tracks. Obstructions. ,Any proposed railroad track may be permitted to cross any track already §§ 501, 502 STREET RAILROAD CORPORATIONS. 164 constructed, the crossing being made as provided in chap- ter II, title III, of this part. In laying down the track and preparing therefor, not more than one block must be ob- structed at any one time, nor for a longer period than ten working days. En. March 21, 1872. Crossing other railroads: See ante, sees. 465 et seq. § 501. Rates of fare, speed, etc. The rates of fare on the cars must not exceed ten cents for one fare for any distance under three miles, and in municipal corporations of the first class must not exceed five cents for each pas- senger per trip of any distance in one direction, either going or coming, along any part of the whole length of the road or its connections. The cars must be of the most approved construction for the comfort and convenience of passengers, and provided with brakes to stop the same, when required. A violation of the provisions of this sec- tion subjects the corporation to a fine of one hundred dollars for each offense. En. March 21, 1872. Am'd. 1903, 172. Cal.Rep.Cit. 97, 563; 134, 4S5. Rates of fare for railroad corporations: See sec. 489. Act limiting and fixing rates of fares: See post, Appen- dix, title Railroads. Act permitting letter carriers to ride free: See post. Appendix, title Railroads. § 502. Time allowed for commencing and completing work. Penalty. Extension of time. Work to construct the railroad must be commenced in good faith within not more than one year from the date of the taking effect of the ordinance granting the right of way, and said work must be completed within not more than three years after the taking effect of such ordinance; provided, that the govern- ing body of such municipal corporation at the time of grant- ing said right of way shall have the power to fix the time for either the commencing or completion, or both, of said ■work; not, however, to a time less than six months for commencing, and not less than eighteen months for com- pleting the same. A failure to comply with either of the foregoing provisions of this section, or with either of the provisions of the ordinance granting said right of way, works a forfeitlire of the right of way, and also of the 165 STREET RAILROAD CORPORATIONS. §§ 503-505 franchise, unless the uncompleted portion is abandoned by the person or corporation to whom said right of way is granted, with the consent of the authorities granting the right of way, such abandonment and consent to be in writing. The authority granting the right of way shall have the power to grant an extension of time for the com- pletion of said work, if it appear that the work has been commenced within the time fixed, and prose<;uted in good faith; but no extension of time shall be granted for the commencement of said work, and shall not be granted for more than one year for the completion of the same. All extensions of time shall be in writing, and made a matter of record in the municipality. Provided further, that this act shall not in any way affect any franchise or right of way granted before its passage. En. March 21, 1872. Am'd. 1895, 17. Cal.Rep.Cit. 57, 178; 91, 341; 101, 337; 117, 611; 117, 612; 117, 616. Forfeiture for failure to commence work, of railroad cor- porations: See sec. 468; generally, see sec. 358. § 503. May make further regulations and rules. Cities and towns in or through which street railroads run may make such further regulations for the government of such street railroads as may be necessary to a full enjoyment of the franchise and the enforcement of the conditions pro- vided herein. En. March 21, 1872. Cal.Rep.Cit. 128, 436. § 504. Penalty for overcharging. Any corporation, or agent or employee thereof, demanding or charging a greater sum of money for fare on the cars of such street railroad than that fixed, as provided in this title, forfeits to the person from whom such sum is received, or who is thus overcharged, the sum of two hundred dollars, to be recovered in a civil action, in any justice's court having jurisdiction thereof, against the corporation. En, March 21, 1872. § 505. To provide and furnish passenger tickets. Pen- alty. Every street railroad corporation must provide, and, on request, furnish to all persons desiring a passage on its cars, any required quantity of passenger tickets or checks, 5§ 506-508 STREET RAILROAD CORPORATIONS. 1C6 each to be good for one ride. Any corporation failing to provide and furnish ticliets or checks to any person desir- ing to purchase the same at not exceeding the rate herein- before described, shall forfeit to such person the sum of two hundred dollars, to be recovered as provided in the preceding section; provided, that the provisions of this section shall not apply to such street railroad corpora- tions as charge but five cents fare. En. March 21, 1872. Am'd. 1873-4, 213; 1883, 84. § 506. Proof of agency. Upon the trial of an action for any of the sums foi'feited, as provided in the two preced- ing sections, proof that the person demanding or receiv- ing the money as fare, or for the sale of the ticket or check, was at the time of making the demand or receiving the money, engaged in an office of the corporation, or vehicle belonging to the corporation, shall be prima facie evidence that such person was the agent, servant, or em- ployee of the corporation, to receive the money and give the ticket or check mentioned. En. March 21, 1872. Am'd. 1873-4, 213. § 507. Reserved rights. In every grant to construct street railroads, the right to grade, sewer, pave, macadamize, or otherwise improve, alter, or repair the streets or highways, is reserved to the corporation, and cannot be alienated or impaired; such work to be done so as to obstruct the rail- road as little as possible, and, if required, the corporation must shift its rails so as to avoid the obstructions made thereby. En. March 21, 1872. Am'd. 1873-4, 214. § 508. License to be paid to city or town. Each street railroad corporation must pay to the authorities of the city, town, county, or city and county, as a license upon each car, such sum as the authorities may fix, not exceeding fifty dollars per annum in the city of San Francisco, nor more than twenty-five dollars per annum in other cities or towns. Where any street railroad connects or runs through two or more cities or towns, a proportionate or equal share of such license tax must be paid to each of the cities or towns; and no such license tax is due the county authorities where the same is paid to any city or town authority. En. March 21, 1872. Licenses: See Pol. Code, sees. 2356 et seq. 167 STREET RAILROAD CORPORATIONS. §§ 509-511 § 509. Track for grading purposes. The right to lay down a track for grading purposes, and maintain the same for a period not to exceed three years, may be granted by the corporate authorities of any city or town, or city and county, or supervisors of any city or county, but no such track must remain more than three years upon any one street; and it must be laid level with the street, and must be operated under such restrictions as not to interfere with the use of the street by the public. The corporate author- ities of any city or town, or city and county, may grant the right to use steam or any other motive power in propelling the cars used on such grading track, when public conveni- ence or utility demands it, but the reasons therefor must be set forth in the ordinance, and the right to rescind the ordinance at any time reserved. En. March 21, 1872. §510. Provisions of title III applicable to street rail- roads. Street railroads are governed by the provisions of title III of this part, so far as they are applicable, unless such railroads are therein specially excepted. En. March 21, 1872. Am'd. 1873-4, 214. Cal.Rep.Cit. 109, 577; 109, 583; 109, 584; 125, 454. Title III: See sees. 454 et seq. §511. Title applicable to natural persons alike with cor- porations. When a street railroad is constructed, owned, or operated by any natural person, this title is applicable to such person in like manner as it is applicable to cor- porations. En. March 21, 1872. Cal.Rep.Cit. 98, 314; 132, 678. §§512, 5ia WAGON ROAD CORPORATIONS. 168 TITLE V. WAGON ROAD CORPORATIONS. § 512. Three commissioners to act with surveyor. § 513. Survey and map to be filed and approved by supervisors. § 514. Tolls, etc., to be collected. Penalty for taking unlawful tolls. § 515. No tolls to be charged on highways or public roads. § 516. Rates of toll to be posted at gate. § 517. Toll gatherer may detain persons until they pay toll. § 518. Toll gatherer not to detain any person unnecessarily. § 519. Persons avoiding tolls to pay five dollars. § 520. Penalties for trespasses on property of corporation. § 521. Revenue, how appropriated. Tolls to be reduced, etc. § 522. May mortgage and hypothecate corporate property. § 523. This title applies to natural persons as well as corporations. § 512. Three commissioners to act with surveyor. Where a corporation is formed for the construction and mainten- ance of a wagon road, the road must be laid out as follows: Three commissioners must act in conjunction with the sur- veyor of the corporation, two to be appointed by the board of supervisors of the county through which the road is to run, and one by the corporation, who must lay out the proposed road and report their proceedings, together with the map of the road, to the supervisors, as provided in the succeeding section. En. March 21, 1872. Am'd. 1873-4, 214. Cal.Rep.Cit. 95. 86. Wagon road corporation: See ante, sees. 291-294. § 513. Survey and map to be filed and approved by su- pervisors. When the route is surveyed, a map thereof must be submitted to and filed with the board of supervisors of each county through or into which the road runs, giving its general course and the principal points to or by which it runs, and its width, which must in no case exceed one hundred feet, and the supervisors must either approve or reject the survey. If approved, it must be entered of rec- ord on the journal of the board and such approval author- izes the use of all public lands and highways over which the survey runs; but the board of supervisors must require the corporation, at its own expense, and the corporation must so change and open the highway so taken and used as to make the same as good as they were before the ap- propriation thereof; and must so construct all crossings of public highways over and by its road, and its toll gates, 169 WAGON ROAD CORPORATIONS. §§ 514-516 as not to hinder or obstruct the use of the same. En. March 21, 1872. § 514. Tolls, etc., to be collected. Penalty for taking un- lawful tolls. All wagon road corporations may bridge or keep ferries on streams on the line of their road, and must do all things necessary to keep the same in repair. They may take such tolls only on their roads, feri-ies, or bridges, as are fixed by the board of supervisors of the proper county through which the road passes, or in which the ferry or bridge is situate, except that in the counties of Klamath, Butte, Del Norte, Plumas, Humboldt, and Sierra, the di- rectors may fix their own tolls, but in no case must the tolls be more than suflicient to pay fifteen per cent, nor less than ten per cent per annum on the cost of construc- tion, after paying for repairs Snd other expenses for attend- ing to the roads, bridges, or ferries. If tolls, other than as herein provided, are charged or demanded, the corpora- tion forfeits its franchise, and must pay to the party so charged one hundred dollars as liquidated damages. En. March 21, 1872. Am'd. 1873-4, 214; 1873-4, 272. Cal.Rep.Cit. 88, 633. This section was also amended by act of March 30, 1874. Amendments 1873-4, p. 214; but by section 287 of that act, p. 269, other laws passed at that session superseded the provisions of that act, leaving the preceding act of March 28, 1874, in force sixty days after its passage. Sale of franchise under execution: See ante, sec. 388. Toll roads: Pol. Code, sees. 2779 et seq. §515. No tolls to be charged on highways or public roads. When any highway or public road is taken and used by any wagon road corporation as a part of its road, the corporation must not place a toll gate on or take tolls for the use of such highway or public road by teamsters, travelers, drovers, or any one transporting property over the same. En March 21, 1872. §516. Rates of toll to be posted at gate. The corpora- tion must afiix and keep up, at or over each gate, or in some conspicuous place, so as to be conveniently read, a Civ. Code-^ §§ 517-520 WAGON ROAD CORPORATIONS. 170 printed list showinf:',, first, the date when the franchise or privilege under which the right to collect tolls is claimed, was granted and the term of duration of said franchise; second, the dale upon which rates of tolls were last fixed by the board of supervisors; and, third, the rates of tolls levied and demanded. Failure to comply with the provi- sions of this act shall work an immediate forfeiture of franchise. En. March 21, 1872. Am'd. 1900-01, 5. §517. Toll gatherer may detain persons until they pay toll. Each toll gatherer may prevent from passing through his gate persons leading or driving animals or vehicles sub- ject to toll, until they shall have paid, respectively, the tolls authorized to be collected. En. March 21, 1872. Cal.Rep.Cit. 57, 602. § 518. Toll gatherer not to*detain any person unneces- sarily. Every toll gatherer who, at any gate, unreasonably hinders or delays any traveler or passenger liable to the pay- ment of toll, or demands or receives from any person more than he is authorized to collect, for each offense forfeits the sum of twenty-five dollars to the person aggrieved. En. March 21, 1872. § 519. Persons avoiding tolls to pay five dollars. Every person who, to avoid the payment of the legal toll, with his team, vehicle, or horse, turns out of a wagon, turnpike, or plank road, or passes any gate thereon or ground adja- cent thereto, and again enters upon such road for each of- fense forfeits the sum of five dollars to the corporation injured. En. March 21, 1872. § 520. Penalties for trespasses on property of corpora- tion. Every person who: 1. Willfully breaks, cuts down, defaces, or injures any milestone or post on any wagon, turnpike, or plank road; or, . 2. Willfully breaks or throws down any gate on such road; or, 3. Digs up or injures any part of such road, or anything thereunto belonging; or, 4. Forcibly or fraudulently passes any gate thereon without having paid the legal toll; ^ 171 WAGON ROAD CORPORATIONS. §§ 521-523 For each offense forfeits to the corporation injured the sum of twenty-five dollars, in addition to the damages re- sulting from his wrongful act. En. March 21, 1872. § 521. Revenue, how appropriated. Tolls to be reduced, etc. The entire revenue derived from the road shall be appropriated: first, to repayment to the corporation of the costs of its construction, together with the incidental ex- penses incurred in collecting tolls and keeping the read in repair; and, second, to the payment of the dividend among its stockholders, as provided in section five hundred and fourteen. When the repayment of the cost of construction is completed, the tolls must he so reduced as to raise no more than an amount sufficient to pay said dividend, and incidental expenses, and to keep the road in good repair. En. March 21, 1872. Am'd. 1873-4, 215. § 522. May mortgage and hypothecate corporate prop- erty. The corporation may mortgage or hypothecate its road and other property for funds with which to construct or repair their road, but no mortgage or hypothecation is valid or binding unless at least twenty-five per cent of the capital stock subscribed has been paid in and invested in the construction of the road and appurtenances, and then only after an affirmative vote of two thirds of the capital stock subscribed. En. March 21, 1872. Cal.Rep.Cit. 80, 341. § 523. This title applies to natural persons as well as corporations. When a wagon, turnpike, or planii road is constructed, owned, or operated by any natural person, this title is applicable to such person in like manner as it is applicable to corporations. En. March 21, lSv2. Cal.Rep.Cit. 79. 168; 80, 341; 98, 313. Toll roads: See Pol. Code, sees. 2779-2832. §§ 528-530 BRIDGE, FERRY, ETC., CORPORATIONS. 172 TITLE VI. BRIDGE, FERRY, WHARF, CHUTE, AND PIER CORPORATIONS. § 528. Corporation to obtain license from supervisors. § 529. In what contingencies corporate existence ceases. § 530. President and secretary to make annual report, and what to contain. Damages for failing to report. § 531. This title to apply to natural persons alike with corpora- tions. § 528. Corporation to obtain license from supervisors. No corporation must construct or take tolls on a bridge, ferry, wharf, chute, or pier until authority is granted there- for by the supervisors. En. March 21, 1872. Cal.Rep.Cit. 136, 49. Public ferries and toll bridges: See Pol. Code, sees. 2843 et seq. § 529. In what contingencies corporate existence ceases. Every such corporation ceases to be a body corporate: 1. If, within six months from filing its articles of incor- poration, it has not obtained such authority from the board of supervisors; and if, within one year thereafter, it has not commenced the construction of the bridge, wharf, chute, or pier, and actually expended thereon at least ten per cent of the capital stock of the corporation; 2. If, within three years from filing the articles of in- corporation, the bridge, wharf, chute, or pier is not com- pleted; 3. If, when the bridge, wharf, chute, or pier of the cor- poration is destroyed, it is not reconstructed and ready for use within three years thereafter; 4. If the ferry of any such corporation is not in running order within three months after authority is obtained to establish it, or if at any time thereafter it ceases, for a like term consecutively, to perform the duties imposed by law. En. March 21, 1872. § 530. President and secretary to malce annual report, and what to contain. Damages for failing to report. The president and secretary of every bridge, ferry, wharf, chute, or pier corporation must annually, under oath, re- port to the board of supervisors of the county in which the articles of incorporation are filed: 173 BRIDGE, FERRY, ETC.. CORPORATIONS. § 531 1. The cost of constructing and providing all necessary appendages and appurtenances for their bridge, ferry, wharf, chute, or pier; 2. The amount of all moneys expended thereon, since Its construction for repairs and incidental expenses; 3. The amount of their capital stock, how much paid in, and how much actually expended thereof; 4. The amount received during the year for tolls and from all other sources, stating each separately; 5. The amount of dividends made, and the indebtedness of the corporation, specifying for what it was incurred; 6. Such other facts and particulars respecting the busi- ness of the corporation as the board of supervisors may require. This report the president and secretary must cause to be published for four weeks in a daily newspaper published nearest the bridge, ferry, wharf, pier, or chute, if required by order of the board of supervisors. A failure to make such report subject.^ the corporation to a penalty of two hundred dollars; and for every week permitted to elapse after such failure, an additional penalty of fifty dollars; payable in each case to the county from which the author- ity of the corporation was derived. All such cases must be reported by the board of supervisors to the district at- torney, who must commence an action therefor. En. March 21, 1872. §531. This title to apply to natural persons alike with corporations. When a bridge, ferry, wharf, chute, or pier is constructed, operated, or owned by a natural person, this title is applicable to such persons in like manner as it is ap'plicable to corporations. En. March 21, 1872. Cal.Rep.Cit. 98, 314. General provisions: Public ferries and toll bridges, Pol. Code, sees. 2843-2895; wharves, chutes, and piers, Pol. Code, sees. 2906-2921. §5 536-538 TELEGRAPH CORPORATIONS. 174 TITLE VII. TELEGRAPH CORPORATIONS. 5 536. May use right of way along waters, roads, and highways. § 537. Persons liable for damages for injuring telegraph property. § 538. Party guilty of willful and malicious injury liable to one hundred times actual damages. § 539. Conditions on which damage to subaqueous cable may bo recovered. § 540. May dispose of certain rights. § 541. Rates of charges to be fixed, and how published. (Repealed.) § 536. May use right of way along waters, roads, and highways. Telegraph corporations may construct lines of telegraph along and upon any public road or highway, along or across any of the waters or lands within this state, and may erect poles, posts, piers, or abutments for supporting the insulators, wires, and other necessary fix- tures of their lines, in such manner and at such points as not to incommode the public use of the road or highway, or interrupt the navigation of the waters. En. March 21, 1872. For an act to facilitate telegraphic communication be- tween America and Asia, approved February 13, 1872, see Stats. 1871-2, 97. Telegraph companies are common carriers: See sees. 2207 et seq. § 537. Persons liable for damages for injuring telegraph property. Any person who injures or destroys, through want of proper care, any necessary or useful fixture of any telegraph corporation, is liable to the corporation for all damages sustained thereby. Any vessel which, by dragging its anchor or otherwise, breaks, injures, or destroys the subaqueous cable of a telegraph corporation, subjects its owner to the damages hereinbefore specified. En. March 21, 1872. Cal.Rep.Cit. 82, 602. § 538. Party guilty of willful and malicious injury liable to one hundred times actual damages. And person who willfully and maliciously does any injury to any telegraph property mentioned in the preceding section, is liable to the corporation for one hundred times the amount of actual 175 WATER AND CANAL CORPORATIONS. §§ 539-548 damages sustained thereby, to be recovered in any court of competent jurisdiction. En. March 21, 1872. § 539. Conditions on which damage to subaqueous cable may be recovered. No telegraph corporation can recover damages for the breaking or injury of any subaqueous telegraph cable, unless such corporation has previously erected on either bank of the waters under which the cable is placed, a monument, indicating the place where the cable lies, and publishes for one month in some newspaper most likely to give notice to navigators, a notice giving a description and the purpose of the monuments, and the general course, landings, and termini of the cable. En. March 21, 1872. § 540. May dispose of certain rights. Any telegraph corporation may at any time, with the consent of the per- sons holding two thirds of the issued stock of the corpora- tion, sell, lease, assign, transfer, or convey any rights, privileges, franchises, or property of the corporation, ex- cept its corporate franchise. En. March 21, 1872. § 541. Rates of charges to be fixed, and how published. (Repealed.) En. March 21, 1872. Rep. 1873-4, 216. TITLE VIII. WATER AND CANAL CORPORATIONS. § 548. Corporation may obtain contract to supply city or town. § 549. Water corporations, duties, etc. Rates. § 550. Right to use streets, ways, alleys, and roads. I 551. To build and keep bridges in repair. § 552. Right of purchaser to use water for irrigating. § 548. Corporation may obtain contract to supply city or town. No corporation formed to supply any city, city and county, or town with water must do so unless pre- viously authorized by an ordinance of the authorities thereof, or unless it is done in conformity with a contract entered into between the city, city and county, or town and the corporation. Contracts so made are valid and bind- ing in law, but do not take from the city, city and county, or town the right to regulate the rates for water, nor must 51549-551 WATER AND CANAL CORPORATIONS. 176 any exclusive right be granted. No contract or grant must be made for a term exceeding fifty years. En. March 21, 1872. Water rights: See sees. 1410 et seq. § 549. Water corporations, duties, etc. Rates. All cor- porations formed to supply water to cities or towns must furnish pure fresh water to the inhabitants thereof, for family uses, so long as the supply permits, at reasonable rates and without distinction of persons, upon proper de- mand therefor; and must furnish water to the extent of their means, in case of fire or other great necessity, free of charge. The rates to be charged for water must be de- termined by commissioners, to be selected as follows: two by the city and county or city or town authorities, or, when there are no city or town authorities, by the board of supervisors of the county, and two by the water com- pany; and in case a majority cannot agree to the valuation, the four commissioners must choose a fifth commissioner; if they cannot agree upon a fifth, then the county judge of the county must appoint such fifth person. The decision of the majority of the commissioners shall determine the rates to be charged for water for one year, and until new rates are established. The board of supervisors, or the proper city or town authorities, may prescribe proper rules relating to the delivery of water, not inconsistent with the laws of the state. En. March 21, 1872. Am'd. 1873-4, 216. Cal.Rep.Cit. 52, 134; 52, 141. § 550. Right to use streets, ways, alleys, and roads. Any corporation created under the provisions of this part, for the purposes named in this title, subject to the reason- able direction of the board of supervisors, or city or town authorities, as to the mode and manner of using such right of way, may use so much of the streets, ways, and alleys in any town, city, or city and county, or any public road therein, as may be necessary for laying pipes for conducting water into any such town, city, or city and county, or through or into any part thereof. En. March 21, 1872. § 551. To build and keep bridges in repair. Every water or canal corporation must construct and keep in 177 WATER AND CANAL CORPORATIONS. § 552 good repair, at all times, for public use, across their canal, flume, or water pipe, all of the bridges that the board of supervisors of the county in which such canal is situated may require, the bridges being on the lines of public high- ways and necessary for public uses in connection with such highways; and all water-works must be so laid and con- structed as not to obstruct public highways. En. March 21, 1S72. Cal.Rep.C'it. 68, 359 ; 98, 183. See the earlier acts upon canal and ditch corporations: Act May 14, 1862, Stats. 1862, 541; and the subsequent act, April 2, 1870, Stats. 1870, 660. See, also, Statutes in force, title Water Commissioners. Act of March 30, 1872, relative to formation of canal and ditch corporations. Stats. 1871-2, p. 733. § 552. Right of purchaser to use water for irrigating. Whenever any corporation, organized under the laws of this state, furnishes water to irrigate lands which said corporation has sold, the right to the flow and use of said water is and shall remain a perpetual easement to the land scr sold, at such rates and terms as may be established by said corporation in pursuance of law. And whenever any person who is cultivating land, on the line and within the flow of any ditch owned by such corporation, has been furnished water by it, with which to irrigate his land, such person shall be entitled to the continued use of caid water, upon the same terms as those who have purchased their land of the corporation. En. Stats. 1875-6, 77. Cal.Rep.Cit. 56, 440; 56, 441; 90, 286; 112, 434; 112, 435; 129, 448; 130, 313. Act regulating sale, rental, and distribution of appro- priated water: See post. Appendix, title Water Companies. Irrigation, statutes relating to: See General Laws, title Irrigation. §§557-559 HOMESTEAD CORPORATIONS. 178 TITLE IX. HOMESTEAD CORPORATIONS. { 557. Time of corporate existence. § 558. By-laws must specify time for and amount of payment of installments, and penalty for failure to pay. By-lawa to be furnished to any member on demand. § 559. Advertisement and sale of delinquent and forfeited shares. § 560. May borrow and loan funds — how, and for what time. 5 561. Minor children, wards, and married women may own sto k. § 562. Forfeiture for speculating in or owning lands exceeding two hundred thousand dollars. § 563. When corporation is terminated, and how. I 564. Payment of premiums. I 565. Annual report to be published. I 566. Publication in certain cases. § 557. Time of corporate existence. Corporations or- ganized for the purpose of acquiring lands in large tracts, paying off incumbrances thereon, improving and subdivid- ing them into homestead lots or parcels, and distributing them among the shareholders, and for the accumulation of a fund for such purposes, are Ivnown as homestead cor- porations, and must not have a corporate existence for a longer period than ten years. En. March 21, 1872. Time of corporate existence: See post, Appendix, title Homesteads. § 558. By-laws must specify time for and amount of pay- ment of installments, and penalty for failure to pay. By- laws to be furnished to any member on demand. Such corporations must specify in their by-laws the times when the installments of the capital stock are payable, the amount thereof, and the fines, penalties, or forfeitures in- curred in case of default. A printed copy of the articles of incorporation and by-laws must be furnished to any shareholder on demand. En. March 21, 1872. §559. Advertisement and sale of delinquent and for- feited shares. Whenever any shares of stock are declared forfeited, by resolution of the board of directors, the di- rectors may advertise the same for sale, giving the name of the subscriber and the number of shares, by notice of not less than three weeks, published at least once a week in a newspaper of general circulation in the city, town, or county where the principal place of business of such cor- 179 HOMESTEAD CORPORATIONS. §§ 560, 561 poration is located. Such sale must be made at auction, under the direction of the secretary of the company. The corporation may be a bidder, and the shares must be dis- posed of to the highest bidder for cash. No defect, in- formality, or irregularity in the proceedings respecting the sale invalidates it, if notice is given as herein provided. After the sale is made the secretary must, on receipt of the purchase money, transfer to the purchaser the shares sold, and after deducting from the proceeds of such sale all installments then due, and all expenses and charges of sale, must hold the residue subject to the order of the delinquent subscriber. En. March 21, 1872. § 560. May borrow and loan funds — how, and for what time. Homestead corporations may borrow money for the purposes of the corporation, not exceeding at any one time one fourth of the aggregate amount of the shares or parts of shares actually paid in, and the income thereof; no greater rate of interest must be paid therefor than twelve per cent per annum. For the purpose of completing the purchase of lands intended to be divided and distributed, they may borrow on the security of their shares on the land thus purchased, or that owned by the corporation at the time of procuring the loan, any sum of money which, together with the interest contracted to become due thereon, will not exceed ninety per cent of the unpaid amount subscribed by the shareholders; but no loan must be made to the corporation for a term extending 'beyond that of its existence. En. March 21, 1872. § 561. Minor children, wards, and married women may own stock. Such shares of stock in homestead corpora- tions as may be acquired by children, the cost of which, and the deposits and assessments on which are paid from the personal earnings of the children, or with gifts from persons other than their male parents, may be taken and held for them by their parents or guardians. Married women may hold such shares as they acquire with their personal earnings, or those of their children, voluntarily bestowed therefor, or from property bequeathed or given to them by persons other than their husbands. En. March 21, 1872. 5§ 5C2-564 HOMESTEAD CORPORATIONS. 180 § 562. Forfeiture for speculating in or owning lands ex- ceeding two hundred thousand dollars. Homestead cor- porations must not purchase and sell, or otherwise acquire and dispose of real property, or any interest therein, or any personal property, for the sole purpose of speculation or profit. Nor must any such corporation at any one time own or hold, in trust or otherwise, for its purposes, real prop- erty, or any interest therein, which in the aggregate ex- ceeds in cash value the sum of two hundred thousand dol- lars. For any violation of the provisions of this section corporations forfeit their corporate rights and powers. On the application of any citizen to a court of competent jurisdiction such forfeiture may be adjudged, and the judgment carries with it costs of the proceedings. En. March 21, 1872. § 563. When corporation is terminated, and how. Ex- cept for the purpose of winding up and settling its affairs, every homestead corporation must terminate at the expi- ration of the time fixed for its existence in the articles of incorporation, or when dissolved as provided in this part. No dividend of funds must be made on termination of its corporate existence, until its debts and liabilities are paid; and upon the final settlement of the affairs of the corpora- tion, or upon the termination of its corporate existence, the directors, in such manner as they may determine, must divide its property among its shareholders in proportion to tlieir respective interests, or, upon the application of a majority in interest of the stockholders, must sell and dis- pose of any or all of the real estate of the corporation upon such terms as may be most conducive to the inter- ests of all the stockholders, and must convey the same to the purchaser, and distribute the proceeds among the shareholders, or may at any time, when best for the inter- ests of all the shareholders, cause the lands of the cor- poration to be subdivided into lots and distributed, by sale for premiums, at auction or otherwise, among the share- holders. En. March 21, 1872. § 564. Payment of premiums. Such premiums on lots may be made payable at the time they are bid off. and. if not so paid on any lot of land, the directors may imme- ISl HOMESTEAD CORPORATIONS. §§ 565, 566 diately offer the same for sale again. If made payable at a future day, and any shareholder fails to pay his bid on the day the same is made due and payable, the directors may advertise and sell the shares of stock representing the lots of land on which the premiums remain unpaid, in the manner provided in the by-laws for the sale of shares on account of delinquent installments and premiums. En. March 21, 1872. § 565. Annual report to be published. The actual finan- cial condition of all homestead corporations must, by the directors thereof, be published annually in the [a] news- paper published at the principal place of business of the corporation, for four weeks, if published in a weekly, and two weeks, if published in a daily. The statement must be made up to the end of each year, and must be verified by the oath of the president and secretary, showing the items of property and liabilities. En. March 21, 1872. §566. Publication in certain cases. In any case in which a publication is required, and no newspaper is pub- lished at the principal place of business, the publication may be made in a paper published in an adjoining county. En. March 21, 1872. See act of March 23, 1874, relative to homestead cor- porations. Appendix, title Homesteads. 55 D71, 572 SAVINGS AXD LOAN CORPORATIONS. 182 TITLE X. SAVINGS AND LOAN CORPORATIONS. S 571. May loau money — on what terms, bow, and to whom, and bow long. § 572. Capital stock, and rights- and privileges thereof. § 573. No dividends, except from surplus profits. To contract no liability, except for deposits. § 574. Property which may be owned by corporations. Restrictions m purchases as provided above. § 575. Married women and minors may own stock in their own right. § 576. M:n issue transferable certificates of deposit. Special cer- tificates. § 577. To provide reserve fund for the payment of losses. § 57S. Prohibition on director and ofRcer, and what vacates oCace. § 579. Definition of phrase "create debts." § 580. Banks, amount of capital stock required. ij 581. Restrictions on savings banks. J 5S2. True names of persons engaged in banking must be shown. § 583. Dividends— Surplus funds. S 583a. Capital actually paid up must be published. § 571. May loan money — on what terms, how, and to whom, and how long. Corporations organized for the pur- pose of accumulating and loaning the funds of their mem- bers, stockholders, and depositors, may loan and invest the funds thereof, receive deposits of money, loan, invest, and collect the same, with interest, and may repay depositors with or without interest. No such corporation must loan money, except on adequate security on real or personal property, and such loan must not be for a longer period than ten years. En. March 21, 1872. Am'd. 1900-01, 295. Cal.Rep.Cit. 64, 123; 97, 222; 126, 415; 136, 442. Banks cannot be created except under general laws: Const. Cal., art. XII, sec. 5. Act relating to banking corporations repealed: See post. Appendix, title Banks and Banking. Act compelling bank to publish statement of unclaimed deposits: See post. Appendix, title Banks and Banking. Act providing for dissolution and winding up of savings banks and trust companies: See post, Appendix, title Banks and Banking. §572. Capital stock, and rights and privileges thereof. When savings and loan corporations have a capital stock specified in their articles of incorporation, certificates of the ownership of shares may be issued; and the rights 183 SAVINGS AND LOAN CORPOP.ATIONS. §S 573, 574 and privileges to be accorded to, and the obligations to be imposed upon, such capital stock, as distinct from those of depositors, must be fixed and defined, either in the articles of incorporation or in the by-laws. En. March 21, 1872. Cal.Rep.Cit. 64, 123; 109, 401; 117, 160. Increase of capital stock: See post. Appendix, title Banks and Banking. § 573. No dividends, except from surplus profits. To contract no liability, except for deposits. The directors of savings and loan corporations may, at such times and in such manner as the by-laws prescribe, declare and pay dividends of so much of the profits of the corporation, and of the interest arising from the capital stock and deposits, as may be appropriated for that purpose under the by- laws or under their agreements with depositors. The di- rectors must not contract any debt or liability against the corporation for any purpose whatever, except for deposits. The capital stock and the assets of the corporation are a security to depositors and stockholders, depositors having the priority of security over the stockholders, but the by- laws may provide th^t the same security shall extend to deposits made by stockholders. En. March 21, 1872. Cal.Rep.Cit. 64, 123; 109, 401; 117, 160; 119, 343. Act prohibiting dividing or withdrawing of capital stock: See post, Appendix, title Banks and Banking, § 574. Property which may be owned by corporations. Restrictions in purchases as provided above. Savings and loan corporations may purchase, hold and convey real and personal property as follows: 1. The lot and building in which the business of the cor- poration is carried on, the cost of which must not exceed one hundred thousand dollars; except, on a vote of two thirds of the stockholders the corporation may increase the sum to an amount not exceeding two hundred and fifty thousand dollars; 2. Such as may have been mortgaged, pledged or con- veyed to it in trust, for its benefit in good faith, for money loaned in pursuance of the regular business of the corpora- tion; 3. Such as may have been purchased at sales under §§ 575, 576 SAVINGS AND LOAN CORPORATIONS. 184 pledges, mortgages or deeds of trust made for its benefit, for money so loaned, and such as may be conveyed to it by borrowers in satisfaction and discbarge of loans made thereon; 4. No such corporation must purchase, hold or convey real estate in any other case or for any other purpose; and all real estate described in subdivision three of this sec- tion must be sold by the corporation within ten years after the title thereto is vested in it by purchase or otherwise; 5. No such corporation must purchase, own, or sell per- sonal property, except such as may be requisite for its immediate accommodation for the convenient transaction of its business, mortgages on real estate, bonds, securities or evidences of indebtedness, public or private, gold and silver bullion and United States mint certificates of ascer- tained value and evidences of debt issued by the United States; 6. No such corporation must purchase, hold or convey bonds, securities or evidences of indebtedness, public or private, except bonds of the United States, of the state of California, and of the counties, cities, or cities and counties, or towns, or school districts of the state of California, or bonds of railroad or street railroad cor- porations owning property and having their principal place of business in the state of California, unless such corpora- tion has a capital stock or reserve fund paid in of not less than one hundred thousand dollars. En. March 21, 1872. Am'd. 1873-4, 273; 1900-01, 659. Cal.Rep.Cit. 64, 123; 109, 401; 117, 160; 126. 416; 133, 613. Subd. 6—136, 442. § 575. Married women and minors may own stock in their own right. Married women and minors may, in their own right, make and draw deposits and draw dividends, and give valid receipts therefor. En. March 21, 1872. Cal.Rep.Cit. 64. 123; 117, 160; 119, 343; 134, 405. § 576. iVlay issue transferable certificates of deposit. Special certificates. Savings and loan corporations may issue general certificates of deposit, which are transferable, as in other cases, by indorsement and delivery; may issue, when requested by the depositor, special certificates, acknowledging the deposit by the person therein named of 185 SAVINGS AND LOAN CORPORATIONS. §§ 577, 578 a specified sum of money, and expressly providing on the face of sucli certificate tliat tiie sum so deposited and therein named may be transferred only on the books of the corporation; payment thereafter made by the cor- poration to the depositor named in such certificate, or to his assignee named upon the books of the corporation, or, in case of death, to the legal representative of such person, of the sum for which such special certificate was issued, discharges the corporation from all further liability on account of the money so paid. En. March 21, 1872. Cal.Rep.Cit. 64, 123; 109. 403; 117. 160; 119, 341; 136, 512. § 577. To provide reserve fund for the payment of losses. Savings and loan corporations may prescribe by their by- laws the time and conditions on which repayment is to be made to depositors; but whenever there is any call by depositors for repayment of a greater amount than the corporation may have disposable for that purpose, the directors or officers thereof must not make any new loans or investments of the funds of the depositors, or of the earnings thereof, until such excess of call has ceased. The directors of any such corporation having no capital stock must retain, on each dividend day, at least five per cent of the net profits of the corporation, to constitute a reserve fund, which must be invested in the same manner as other funds of the corporation, and must be used toward paying any losses which the corporation may sustain in pursuing its lawful business. The corporation may provide by its by-laws for the disposal of any excess in the reserve fund over one hundred thousatid dollars, and the final disposal, upon the dissolution of the corporation, of the reserve fund, or of the remainder thereof, after payment of losses. En. March 21, 1872. Cal.Rep.Cit. 57, 602 ; 64, 123 ; 109, 401 ; 117, 160. §578. Prohibition on director and officer, and what vacates office. No director or officer of any savings and loan corporation must, directly or indirectly, for himself or as the partner or agent of others, borrow any of the deposits or other funds of such corporation, nor must he become an indorser or surety for loans to others, nor in any manner be an obligor for moneys borrowed of or loaned by such corporation. The office of any director 5§579, 5S0 SAVINGS AND LOAN CORPORATIONS. 186 or officer who acts in contravention of the provisions of this section immediately thereupon becomes vacant. En. March 21, 1872. Cal.Rep.Cit. 64, 128; 104, 476; 104, 4S0 ; 117, 160; 124, 291; 130, 257; 136, 442. Overdrawing of his account by officer, a misdemeanor: Pen. Code, sec. 561. §579. Definition of phrase "create debts." Receiving deposits, issuing ceniiicates of deposit, checlvs and bills of exchange, and the like, in the transaction of the business of savings and loan corporations, must not be construed to be the creation of debts within the meaning of the phrase "create debts," in section 309. En. March 21, 1872. Cal.Rep.Cit. 57, 602; 64, 123; 117, 160. See act of February 21, 1872, relative to corporations for the accumulation and investment of funds and savings, Appendix, title Banks and Banking. § 580. Banks, amount of capital stock required. No sav- ings bank, or bank, or banking corporation, shall be incorporated in this state and conduct such banking busi- ness in a city or town of five thousand inhabitants or imder with a capital stock of less than twenty-five thousand dollars, or in a city or town of over five thousand and not exceeding ten thousand inhabitants with a capital stock of less than fifty thousand dollars, or in a city or town of over ten thousand and not exceeding twenty-five thousand inhabitants with a capital stock of less than one hundred thousand dollars, or in a city or town of over twenty-five thousand inhabitants with a capital stock of less than tvv'o hundred thousand dollars. Before the secretary of state issues to any corporation that proposes to do a banking business his certificate of the filing of the articles of incorporation, there must be filed in his office the afiidavit of the persons named in said articles as the first directors of the corporation, that all the capital stock has been actually and in good faith subscribed, and at least fifty per centum thereof paid, in lawful money of the United States, to a person in such affidavit named, for the benefit of the corporation. The remainder of the capital stock must be paid in within two years after said 187 SAVINGS AND LOAN CORPORATIONS. §§ 5S1-583 banking corporation receives its certificate of fncorpora- tion, and if not so paid said banking corporation shall not be authorized to do business; provided, however, that the provisions of this section shall not apply to corporations now in existence. En. Stats. 1903, 87. § 581. Restrictions on savings bani^ LAND AND BUILDING CORPORATIONS. 212 similar notice shall be mailed to each stockholder at his postoffice address. Within thirty days after the holders of a majority of the stock at any such meeting have voted to continue the existence of the corporation under the provisions of this title, the secretary of the corporation shall, under oath, make and subscribe, as such secretary, a certificate, in writing, stating the calling of such meet- ing, the fact that the holders of a majority of the stock voted to continue the existence of the corporation under this title, which shall be filed in the office of the county clerk in which its original articles of incorporation have been filed, and shall file in the office of the secretary of state a certified copy thereof, according to the provisions of section two hundred and ninety-six; and the secretary of state shall issue his usual certificate, as provided in said section. Thereupon, such corporation shall be subject to all the provisions of this title, as though originally incor- porated under the provisions hereof, except that no change in its name or amount of capital stock shall be made; but the name shall be the same as contained in the orisinal articles. En. March 21, 1872. Rep. 1873-4, 217. En. Stats. 1891, 257. Cal.Rep.Cit. 131, 339; 131, 341; 131, 342. § 647. Subject to provisions relating to bank commis- sioners. All corporations doing the business of building and loan associations in this state shall be subject to the provisions of this title relating to the bank commis- sioners. En. March 21, 1872. Rep. 1891, 252. En. Stats. 1891, 257. Cal.Rep.Cit. 93, 306; 116, 414; 131, 341; 131, 342. § 648. Definition of. The name "building and loan as- sociation," as used in this act, shall include all corpora- tions, societies, or organizations or associations doing a savings and loan or investment business on the building- society plan, viz.: loaning its funds to its members or its shareholders, and whether issuing certificates of stock which mature at a time fixed in advance or not. En. March 21, 1872. Rep. 1873-4, 217. En. Stats. 1891, 257. Cal.Rep.Cit. 127, 39; 131, 342. § 648i/^. Taxation of. The provisions of an act entitled "An act imposing a tax on the issue of certificates of stock corporations," approved April first, eighteen hundred and 213 COLLEGES AND SEMINARIES OP LEARNING. §§ 649, 650 seventy-eight, shall not be deemed and held to be applica- ble to any certificates issued to and transferred by the members or stockholders of any association organized un- der or governed by this act. En. Stats. 1891, 257. Cal.Rep.Cit. 136, 525. TITLE XVII. COLLEGES AND SEMINARIES OF LEARNING. § 649. Articles of incorporation. § 650. Board of trustees, powers of. § 651. Existing institutions may reincorporate under this act. § 649. Articles of incorporation. Any number of per- sons who may desire to establish a college or seminary of learning may incorporate themselves as provided in this part, except that in lieu of the requirements of section two hundred and ninety, the articles of incorporation, shall contain: 1. The name of the corporation. 2. The purpose for which it is organized. 3. The place where the college or seminary is to be conducted. 4. The number of its trustees, which shall not be less than five nor more than fifteen, and the names and resi- dences of the trustees. The term for which the trustees named and their successors are to hold office may also be stated. If it is desired that the trustees, or any portion of them, shall belong to any organization, society, or church, such limitation shall be stated. 5. The names of those who have subscribed money or property to assist in founding the seminary or college, together with the amount of money and description of prop- erty subscribed. En. Stats. 1885, 133. § 650. Board of trustees, powers of. Unless otherwise provided in the articles of incorporation the board of trus- tees shall, as soon as organized, so classify themselves that one-fifth of their number shall go out of office every year, and thereafter the trustees shall hold office for five years. A majority of the trustees shall constitute a quorum for the transaction of business, and the office of the corpora- tion shall be at the college or seminary. § 650 COLLEGES AND SEiMINARIES OF LEARNING. 21-i The trustees shall have power: 1. To elect, by ballot, annually one of their number as president of the board. 2. Upon the death, removal out of the state, or other vacancy in the office, or expiration of the term of any trustee, to elect another in his place; provided, that where there are graduates of the institution, such graduates may, under such rules as the board shall prescribe, nominate persons to fill vacancies in the board of trustees. Such nominations shall be considered by the board, but it may reject any or all such nominations, and of its own motion appoint others. 3. To elect additional trustees; provided, the whole number elected shall never exceed fifteen at any one time. 4. To declare vacant the seat of any trustee who shall absent himself from eight succeeding meetings of the board. 5. To receive and hold, by purchase, gift, devise, be- quest, or grant, real or personal property for educational purposes connected with the corporation, or for the benefit of the institution. 6. To sell, mortgage, lease, and otherwise use and dis- pose of the property of the corporation in such manner as they shall deem most conducive to the prosperity of the corporation. 7. To direct and prescribe the course of study and dis- cipline to be observed in the college or seminary. 8. To appoint a president of the college or seminary, who shall hold his office during the pleasure of the trus- tees. 9. To appoint such professors, tutors, and other officers as they shall deem necessary, who shall hold their offices during the pleasure of the trustees. 10. To grant such literary honors as are usually granted by any university, college, or seminary of learning in the United States, and in testimony thereof to give suitable diplomas under their seal, and the signature of such of- ficers of the corporation and the institution as they shall deem expedient. 11. To fix salaries of the president, professors, and other officers and employees of the college or seminary. 215 CONSOLIDATION OF COLLEGES, ETC. §§ 651, 652 12. To make all by-laws and ordinances necessary and proper to carry into effect the preceding powers and neces- sary to advance the interests of the college or seminary; provided, that no by-laws or ordinance shall conflict with the constitution or laws of the United States, or of this state. En. Stats. 1885, 133. § 651. Existing institutions may reincorporate under this act. Any educational corporation, or body claiming to be such, now existing, may, by a unanimous vote of those of its trustees present at a special meeting called for that purpose, and of which due notice shall be given to each trustee, convey all its property, rights, and franchises to a corporation organized under this title. The fact that due notice of the meeting was given to each trustee shall be conclusivelj' proven by the entries in the minutes of the corporation or body making the conveyance. Said minutes shall be certified to be correct by the president and secre- tary. En. Stats. 1885, 134. TITLE XVIII. CONSOLIDATION OF COLLEGES AND INSTITUTIONS OF HIGHER EDUCATION. § 652. Societies and organizations authorized to consolidate. Trus- tees. Annual reports. S 653. Tran'jfer of property. Indebtedness. Specific grants. Dis- solution. § 652. Societies and organizations authorized to con- solidate. Trustees. Annual reports. Whenever any be- nevolent, religious, or fraternal organization or society, having a grand lodge, assembly, conference, or other legis- lative or representative head in the state of California, having two or more colleges or institutions of higher edu- cation under its patronage, shall, for the purpose of greater efficiency and simplicity in the administration of its educa- tional interests, desire to consolidate such institutions under one management, such organization or* society shall be and is authorized to consolidate such institutions undei- one management by complying with the following provi- sions: S 653 CONSOLIDATION OF COLLEGES, ETC. 216 First. Such grand lodge, assembly, conferente, or other legislative or representative head having authorized a con- solidation of its institutions, a new corporation shall be formed. The ^board of trustees of the new corporation shall at first consist of the persons constituting the boards of trustees of the several institutions, respectively, thus consolidated, and others; provided, the number of trustees shall not exceed forty-five. The board of trustees shall be so classified that the term of office of one third of its number shall expire each year; the successors of such trustees, as their terms expire, shall be elected by such grand lodge, assembly, conference, or other legislative or representative head at its annual meeting. Second. The said board of trustees shall report annually to the grand lodge, assembly, conference, or other legisla- tive or representative head controlling it, the condition of affairs of such corporation and the amount and manner of its receipts and expenditures. En. Stats. 1893, 4. § 653. Transfer of property. Indebtedness. Specific grants. Dissolution. The several boards of trustees of the institutions thus consolidated shall be and are hereby authorized and directed to transfer all property, real and personal, held by them, to the new corporation, as herein constituted, together with all powers, privileges, and au- thority conferred upon or enjoyed by them under their respective charters or acts of incorporation. The new corporation receiving such property shall assume all in- debtedness and liabilities of such institutions as are thus consolidated, but shall not transfer such property from one location to another, except by an aflirmative vote of not less than three fourths of the said board of trustees of the new'corporation, nor divert specific grants, donations, or bequests from the purposes for which such grants, dona- tions, or bequests were made. That after the boards of trustees have conveyed the property, real and personal, of the various institutions to the new corporation, as here- inabove provided, and the same has been accepted by the said new cosporation, then the franchises held by the cor- porations thus consolidating shall cease, and the said cor- porations shall be thereby dissolved. En. Stats. 1893, 4. Am'd. 1895, 40. DIVISION SECOND. Part I. Property in General, §§ 654-749. II. Real or Immovable Property, §§ 755-940. III. Personal or Movable Property, §§ 946-994. lY. Acquisition of Property, §§ 1000- 1425. ClT. Code— 10 PART I. PROPERTY IN GENERAIi. Title I. Nature of Property, §§ 654-663. II. Ownership, §§ 669-742. III. General Definitions, §§ 748-749. TITLE I. NATURE OP PROPERTY. § 654. Property, what. § 655. In what property may exist. § 656. Wild animals. § 657. Real and personal. § 658. Real property. § 659. Land. § 660. Fixtures. § 661. Fixtures attached to mines. § 662. Appurtenances. § 663. Personal property. § 654. Property, what. The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this code, the thing of which there may be ownership is called property. En. March 21, 1872. Cal.Rep.Cit. 109, 37; 116, 343; 126, 119; 131, 307. As to the meaning of "property" for the purposes of taxa- tion: See Pol. Code, sec. 3617. Real property: See sec. 658. Personal property: See sees. 663, 953 et seq. Franchises as property: See ante, sec. 388. § 655. In what property may exist. There may be own- ership of all inanimate things which are capable of appro- priation or of manual delivery; of all domestic animals; of all obligations; of such products of labor or skill as the composition of an author, the goodwill of a business, trademarks and signs, and of rights created or granted by statute. En. March 21, 1872. Cal.Rep.Cit. 126, 119 ; IS.'^, 71. S§ 656-660 NATURE OF PROPERTY. 220 Counterfeiting a trademark, a misdemeanor: Pen. Code, sec. 350. Products of the mind: See post, sees. 980 at seq. Trademarlts: See post, sec. 991. Goodwill: See post, sec. 993. Title deeds: See post, sec. 994. Domestic animals, larceny of: See Pen. Code, sec. 491. § 656. Wild animals. Animals wild by nature are the subjects of ownership, while living, only when on the land of the person claiming them, or when tamed, or taken and held in the possession, or disabled and immediately pur- sued. En. March 21, 1872. Cal.Rep.Cit. 108, 244; 114, 388; 119, 321; 136, 531. § 657. Real and personal. Property is either: 1. Real or immovable; or, 2. Personal or movable. En. March 21, 181A. Cal.Rep.Cit. 101, 120 ; 113, 353. § 658. Real property. Real or immovable property con- sists of: 1. Land; 2. That which is affixed to land; 3. That which is incidental or appurtenant to land; 4. That which is immovable by law. En. March 21, 1872. Cal.Rep.Cit. 60,410; 62,184; 77,402; 80,250; 86,338; 109, 36; lis, 636; 126, 605; 138, 586. Land defined: See sec. 659, infra. Fixtures: See sees. 660 et seq., infra. Appurtenances: See sec. 662. § 659. Land. Land is the solid material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance. En. March 21, 1872. Cal.Rep.Cit. 118, 636. § 660. Fixtures. A thing is deemed to be affixed to land when it is attached to it by roots as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanently resting upon it, as in the case of buildings; or permanently attached to what is thus permanent, as by Cal.Rep.Cit. 52. 395 77, 402; 79, 590 93, 368; 109, 36 221 OWNER. §§ 661-669 means of cement, plaster, nails, bolts, or screws. En. March 21, 1872. Cal.Rep.Cit. 51, 596; 52, 394; 52, 396; 70. 6; 77, 191; 80, 250; 86, 338; 91, 379; 118, 636; 126, 605; 138, 586. §661. Fixtures attached to mines. Sluice-boxes, flumes, hose, pipes, railway tracks, cars, blacksmith shops, mills, and all other machinery or tools used in working or de- veloping a mine, are to be deemed affixed to the mine. En. March 21, 1872. Cal.Rep.Cit. 76, 583; 76, 585; 80, 512; 102, 142; 118, 153; 118, 636. § 662, Appurtenances. A thing is deemed to be inci- dental or appurtenant to land when it is by right used with the land for its benefit, as in the case of a way, or watercourse, or of a passage for light, air, or heat from or across the land of another. En. March 21, 1872. 52, 396; 56, 13; 62, 184; 67, 497; 80,315; 86,338; 91.155; 91,190; 110, 585; 120, 490; 120, 493. Easements and servitudes: See post, sees. 801 et seq. § 663. Personal property. Every kind of property that is not real is personal. En. March 21, 1872. Cal.Rep.Cit. 113, 353. Personal property: See ante, sec. 14, subd. 3; and Pol. Code, sec. 3617. TITLE II. OWNERSHIP. Chapter I. Owners, §§ 669-672. II. Modifications of Ownership, §§ 678-726. III. Rights of Owners, §§ 732, 733. IV. Termination of Ownership, §§ 739-742. CHAPTER I. OWNERS. § 669. Owner. § 670. Property of the state. § 671. Who may own property. § 672. Aliens Inheriting must claim within five years, § 669. Owner. All property has an owner, whether that owner is the state, and the property public, or the owner J§ 6T0-G72 OWNERS. 222 an Individual, and the property private. The state may also hold property, as a private proprietor. En. March 21, 1872. Cal.Rep.Cit. 73, 102. § 670. Property of the state. The state Is the owner of all land below tidewater, and below ordinary nign-water mark, bordering upon tide-water within the state; of all land below the water of a navigable lake or stream; of all property lawfully appropriated by it to its own use; of all property dedicated to the state; and all property of which there is no other owner. En. March 21, 1872. Am'd. 1873-4, 217. Cal.Rep.Cit. 62, 259 ; 69, 127 : 70, 209 ; 138, 558. Property of the state: Pol. Code, sees. 40-44. Public lands: See Pol. Code, sees. 3395 et seq. Escheat: See post, sees. 1405, 1406. § 671. Who may own property. Any person, whether citizen or alien, may take, hold, and dispose of property, real or personal, within this state. En. March 21, 1872. Am'd. 1873-4, 218. Cal.Rep.Cit. 65,594; 65,595; 67,382; 67,386; 70.155; 76, 296; 127, 434; 127, 435; 127. 436; 127, 437. Alien's right to inherit property: See post, sees. 1404 et seq. § 672. Aliens inheriting must claim within five years. If a nonresident alien takes by succession, he must appear and claim the property within five years trom the time of succession, or be barred. The property in such case is dis- posed of as provided in title VIII, part III, Code o£ Civil Procedure. En. March 21, 1872. Cal.Rep.Cit. 65, 594 ; 67, 383 ; 67. 386 ; 70, 156 ; 70, 157, Escheated estates: See Code Civ. Proc, sees. 1269-1272. 223 MODIFICATIONS OP OWNERSHIP. §§ 678-680 CHAPTER n. MODIFICATIONS OF OWNERSHIP, Article I. Interests in Property, §§ 678-703. II. Conditions of Ownersliip, §§ 707-711, III. Restraints upon Alienation, §§ 715-718. IV. Accumulations, §§ 722-726. ARTICLE L INTERESTS IN PROPERTY. i 678. Ownership, absolute or qualified. § 679. When absolute. § 680. When qualified. § 681. Several ownership, what. § 682. Ownership of several persona. § 683. Joint interest, what. § 684. Partnership interest, what, § 685. Interest in common, what. § 686. What interests are in common. § 687. Community property. § 688. Interests as to time. § 689. Present interest, what- S 690. Future interest, what. S 691. Perpetual interest, what. S 692. Limited Interest, what. !) 693. Kinds of future interests. § 694. Vested interests. ? 695. Contingent interests. § 696. Two or more future interests. i 697. Certain future interests not to be void. § 698. Posthumous children. § 699. Qualities of expectant estates. § 700. Same. § 701. Interests In real property* § 702. Same. § 703. What future interests are recognized. §678. Ownership, absolute or qualified. The ownership of property is either: 1. Absolute; or, 2. Qualified. En. March 21, 1872, Cal.Rep.Cit. 107, 420 ; 116, 345 ; 131, 307. § 679. Wiien absolute. The ownership of property Is absolute when a single person has the absolute dominion over it, and may use it or dispose of it according to his pleasure, subject only to general laws. En. March 21, 1872. Cal.Rep.Cit. 105, 470; 106, 680; 109, 555; 112, 399; 116, 345. § 680. When qualified. The ownership of property is qualified: S5 681-686 MODIFICATIONS OP OWNERSHIP. 224 1. When it is shared with one or more persons; 2. When the time of enjoyment is deferred or limited; 3. When the use is restricted. En. March 21, 1872. Cal.Rep.Cit. 107, 420; 112, 399; 116. 345; 133, 422. § 681. Several ownership, what. The ownership of property by a single person is designated as a sole or sev- eral ownership. En. March 21, 1872. §682. Ownership of several persons. The ownership of property by several persons is either: 1. Of joint interests; 2. Of partnership interests; 3. Of interests in common; 4. Of community interest of husband and wife. En. March 21, 1872. Cal.Rep.Cit. 112, 399; 116, 342. Subd. 3—136, 463, § 683. Joint interest, what. A joint interest is one owned by several persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy, or when granted or devised to executors or trustees as joint tenants. En. March 21, 1872. Cal.Rep.Cit. 127, 149. See sees. 685, 686, infra. §684. Partnership interest, what. A partnership in- terest is one owned by several persons in partnership, for partnership purposes. En. March 21, 1872. Cal.Rep.Cit. 65. 48 ; 102, 386. Partnership: See post, sees. 2395 et seq. § 685. Interest in common, what. An interest In com- mon is one owned by several persons, not in joint owner- ship or partnership. En. March 21, 1872. Tenancy in common: See ante, sec. 683; post, sec. 686. Partition: See Code Civ. Proc, sees. 752 et seq. Husband and wife as tenants in common; See ante, sec. 161. Devise or legacy to two or more makes them owners in common: See post, sec. 1350. § 686. What interests are in common. Every interest created in favor of several persons in their own right is 225 MODIFICATIONS OF OWNERSHIP. §§ 687-692 an interest in common, unless acquired by them in partner- ship, for partnership purposes or unless declared in its creation to be a joint interest, as provided in section 683, or unless acquired as community property. En. March 21, 1872. Interests in common: See ante, sees. 683, 685. §687. Community property. Community property is property acquired by husband and wife, or either, during marriage, when not acquired as the separate property of either. En. March 21, 1872. Cal.Rep.Cit. 70, 284 ; 116, 342. Community property: See ante, sec. 164. § 688. Interests as to time. In respect to the time Of enjoyment, an interest in property is either: 1. Present or future; and, 2. Perpetual or limited. En, March 21, 1872. Cal.Rep.Cit. 107, 420. § 689. Present interest, what. A present interest en- titles the owner to the immediate possession of the prop- erty. En. March 21, 1872. Cal.Rep.Cit. 107, 420. § 690. Future interest, what. A future interest entitles the owner to the possession of the property only at a future period. En. March 21, 1872. Cal.Rep.Cit. 79, 622 ; 104, 301 ; 107, 420 ; 122, 627 ; 133, 422. Accumulations as future interests: See sees. 722 et seq., and 733. Conditions upon the enjoyment of estates: See sees. 707 et seq. Terminating future interests: See sees. 739 et seq. § 691. Perpetual interest, what. A perpetual interest has a duration equal to that of the property. En. March 21, 1872. § 692. Limited interest, what. A limited interest has a duration less than that of the property. En. March 21, 1872. J§ 693-700 MODIFICATIONS OF OWNERSHIP. 226 § 693. Kinds of future interests. A future interest is either: 1. Vested; or, 2. Contingent. En. March 21, 1872. § 694. Vested interests. A future interest Is vested when there is a person in being who would have a right, defeasible or indefeasible, to the immediate possession of the property, upon the ceasing of the Intermediate or precedent interest. En. March 21, 1872. Cal.Rep.Cit. 73, 102; 122, 627; 132, 574; 132, 578; 133, 422; 136, 106. § 695. Contingent interests. A future interest is con- tingent, whilst the person in whom or the event upon which, it is limited to take effect remains uncertain. En. March 21, 1872. Cal.Rep.Cit. 120, 84; 120, 85. § 696. Two or more future interests. Two or more future interests may be created to take effect in the alter- native, so that if the first in order fails to vest, the next in succession shall be substituted for it, and take effect ac- cordingly. En. March 21, 1872. § 697. Certain future interests not to be void. A future interest is not void merely because of the improbability of the contingency on which it is limited to take effect. En. March 21, 1872. § 698. Postliumous children. When a future interest is limited to successors, heirs, issue, or children, posthu- mous children are entitled to take in the same manner as if living at the death of their parent. En. March 21, 1872. Future interests defeated by birth of posthumous child: See post, sec. 739. § 699. Qualities of expectant estates. Future interests pass by succession, will, and transfer, in the same manner as present interests. En. March 21, 1872. Cal.Rep.Cit. 104, 301; 107, 420; 108, 649; 122, 627; 133, 422. § 700. Same. A mere possibility, such as the expect- ancy of an heir apparent, is not to be deemed an interest of any kind. En. March 21, 1872. Cal.Rep.Cit. 70, 286 ; 104, 584 ; 112, 393 ; 124, 44 ; 138, 361. 227 MODIFICATIONS OF OWNERSHIP. §§ 701-709 §701. Interests in real property. In respect to real or immovable property, the interests mentioned in this chap- ter are denominated estates and are specially named and classified in part II of this division. En. March 21, 1872. § 702. Same. The names and classification of interests in real property have only such application to interests in personal property as is in this division of the code ex- pressly provided. En. March 21, 1872. §703. What future interests are recognized. No luture interest in property is recognized by the law, except such as is defined in this division of the code. En. March 21, 1872. ARTICLE II. CONDITIONS OF OWNERSHIP. § 707. Fixing the time of enjoyment. § 708. Conditions. § 709. Certain conditions precedent void. § 710. Conditions restraining marriage void. • § 711. Conditions restraining alienation void. § 707. Fixing the time of enjoyment. The time when the enjoyment of property is to begin or end may be de- termined by computation, or be made to depend on events. In the latter case, the enjoyment is said to be upon con- dition. En. March 21, 1872. Cal.Rep.Cit. 109, 330. Conditional legacies: See post, sees. 1345 et seq. §708. Conditions. Conditions are precedent or subse- quent. The former fix the beginning, the latter the ending, of the right. En. March 21, 1872. Conditional obligations: See post, sees. 1434-1442. Conditional limitation. — Remainder operating to abridge precedent estate: Post, sec. 778. §709. Certain conditions precedent void. If a condition precedent requires the performance of an act wrong of it- self, the instrument containing it is so far void, and the right cannot exist. If it requires the performance of an act not wrong of itself, but otherwise unlawful, the instru- §§ 710-716 MODIFICATIONS OF OWNERSHIP. 228 ment takes effect and the condition is void. En. March 21, 1872. Cal.Rep.Cit. 55, 566. § 710. Conditions restraining marriage void. Conditiona imposing restraints upon marriage, except upon the mar- riage of a minor are void; but this does not affect limita- tions where the intent was not to forbid marriage, but only to give the use until marriage. En. March 21, 1872. Am'd. 1873-4, 218. Contracts in restraint of marriage: See post, sec. 1676. §711. Conditions restraining alienation void. Condi- tions restraining alienation, when repugnant to the interest created, are void. En. March 21, 1872. Cal.Rep.Cit. 64, 366; 74, 143; 110, 426; 110, 427. See also post, sees. 715, 772, and the title on Uses and Trusts, post, sees. 847 et seq. ARTICLE III. RESTRAINTS UPON ALIENATION. § 715. How long it may be suspended. § 716. Future interests void, which suspend power of alienation. § 717. Leases of agricultural land, for over ten years, void. § 718. Leases of city lots, for over fifty years, void. § 715. How long it may be suspended. The absolute power of alienation cannot be suspended, by any limita- tion or condition whatever, for a longer period tnan during the continuance of the lives of persons in being at the creation of the limitation or condition, except in the single case mentioned in section 772. En. March 21, 1872. Cal.Rep.Cit. 58,473; 58,481; 58,482; 73,103; 74,143; 79, 622; 105, 197; 108, 646; 108, 647; 108, 656; 108. 657: 108, 658; 109, 330; 118, 657; 118, 658; 119, 146; 121, 382: 123, 142; 124, 536; 133, 620; 136, 141; 136, 142. See also post, sec. 771. § 716. Future interests void, which suspend power of alienation. Every future interest is void in its creation which, by any possibility, may suspend the absolute power of alienation for a longer period than is prescribed in this chapter. Such power of alienation is suspended when 229 MODIFICATIONS OF OWNERSHIP. §§717-724 there are no persons in being by whom an absolute interest in possession can be conveyed. En. March 21, 18^2. Cal.Rep.Cit. 73, 103; 79, 622; 108, 647; 108, 648; 119, 146; 121, 382; 123, 143; 124, 537; 136, 141; 136, 142. §717. Leases of agricultural land, for over ten years, void. No lease or grant of laud for agricultural purposes for a longer period than ten years, in which shall be re- served any rent or service of any kind, shall be valid. En. March 21, 1872. Am'd. 1895, 76. § 718. Leases of city lots, for over fifty years, void. No lease or grant of any town or city lot, for a longer period than fifty years, in which shall be reserved any rent or service of any kind, shall be valid; provided, that the property of any municipality, or any minor or incom- petent person shall not be leased for a longer period than ten years. En. March 21, 1872. Am'd. 1903, 247. Cal.Rep.Cit. 136. 142. ARTICLE rV. ACCUMULATIONS. § 722. Dispositions of income. § 723. Accumulations, when void. § 724. Accumulation of income. § 725. Other directions, when void in part. § 726. Application of income to support, etc., of minor. § 722. Dispositions of income. Dispositions of the In- come of property to accrue and to be received at any time subsequent to the execution of the instrument creating such disposition, are governed by the rules prescribed in this title in relation to future interests. En. March 21, 1872.- Cal.Rep.Cit. 58, 481; 79. 623, § 723. Accumulations, when void. All directions for the accumulation of the income of property, except such as are allowed by this title, are void. En. March 21, 1872. Cal.Rep.Cit. 136, 103;. 136, 142. § 724. Accumulation of income. An accumulation of the income of property, for the benefit of one or more persons, may be directed by any will or transfer in writing §§ 725, 726 MODIFICATIONS OP OWNERSHIP. 230 sufficient to pass the property out of which the fund is to arise, as»follows: 1. If such accumulation is directed to commence on the creation of the interest out of which the income is to arise, it must be made for the benefit of one or more minors then in being, and terminate at the expiration of their minor- ity; or, 2. If such accumulation is directed to commence at any time subsequent to the creation of the interest out of which the income is to arise, it must commence within the time in this title permitted for the vesting of future interests, and during the minority of the beneficiaries, and terminate at the expiration of such minority. En. March 21, 1872. Cal.Rep.Cit. 58, 4S0 ; 58, 482 ; 79, 623 ; 136, 142. Ownership of undisposed accumulations: See sec. 733, post. Accumulations liable for debts: See sec. 859. Restraint upon disposition of beneficiary's interest: See sec. 867. Bequests of income: See post, sees. 1357, subd. 3, 1366. Annuities: See same sections. § 725. Other directions, when void in part. If in either of the cases mentioned in the last section the direction for an accumulation is for a longer term than during the mi- nority of the beneficiaries, the direction only, whether separable or not from other provisions of the instrument, is void as respects the time beyond such minority. En. March 21, 1872. § 726. Application of income to support, etc., of minor. When a minor for whose benefit an accumulation has been directed is destitute of other sufficient means of support and education, the proper court, upon application, may direct a suitable sum to be applied thereto out of the fund. En. March 21, 1872. Cal.Rep.Cit. 58, 481. Maintenance of ward out of his estate; See Code Civ. Proc, sees. 1770, 1771. 231 TERMINATION OF OWNERSHIP. §5 732-740 CHAPTER III. RIGHTS OF OWNERS. § 732. Increase of property. § 733. In certain cases who entitled to income of property. §732. Increase of property. The owner of a thing also owns all its products and accessions. En. March 21, 1872. Accessions to real property: See post, sees, 1013 et seq. Accessions to personal property: See post, sees. 1025 et seq. § 733. In certain cases who entitled to income of prop- erty. When, in consequence of a valid limitation of a future interest, there is a suspension of the power of aliena- tion or of the ownership during the continuation of which the income is undisposed of, and no valid direction for its accumulation is given, such income belongs to the persons presumptively entitled to the next eventual interest. En. March 21, 1872. CHAPTER IV. TERMINATION OF OWNERSHIP. § 739. Future interests, when defeated. § 740. Same. § 741. Future interests, when not defeated. § 742. Same. §739. Future interests, when defeated. A future inter- est, depending on the contingency of the death of any person without successors, heirs, issue, or children, is de- feated by the birth of a posthumous child of such person, capable of taking by succession. En. March 21, 1872. Posthumous children: See ante, sec. 698. § 740. Same. A future interest may be defeated in any manner or by any act or means which the party creating such interest provided for or authorized in the creation thereof; nor is a future interest, thus liable to be defeated, to be on that ground adjudged void in its creation. En. March 21, 1872. fS 741-749 GENERAL DEFINITIONS. 232 §741. Future interests, when not defeated. No future interest can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent interest, nor by any destruction of such precedent interest by forfeiture, surrender, merger, or otherwise, except as provided by the next section, or where a forfeiture is im- posed by statute as a penalty for the violation thereof. En. March 21, 1872. Future interests: See post, sec. 767. § 742. Same. No future interest, valid in its creation, is defeated by the determination of the precedent interest before the happening of the contingency o'a which the fu- ture interest is limited to take effect; but should such con- tingency afterwards happen, the future interest takes effect in the same manner, and to the same extent, as if the pre- cedent interest had continued to the same period. En. March 21, 1872. TITLE III. GENERAL DEFINITIONS. § 748. Income, what. § 749. Time of creation, what. § 748. Income, what. The income of property, as the term is used in this part of the code, includes the rents and profits of real property, the interest of money, dividends upon stock, and other produce of personal property. En. March 21, 1872. § 749. Time of creation, what. The delivery of the grant, where a limitation, condition, or future interest is created by grant, and the death of the testator, where it is created by will, is to be deemed the time of the creation of the limitation, condition, or interest, within the mean- ing of this part of the code. En. March 21, 1872. Gal.Rep.Cit. 79, 622; 108, 647; 123, 142; 124, 537. PART II. REAL OR IMMOVABLE PROPERTY. Title I. General Provisions, § 755. II. Estates in Real Property, §§761-811. III. Rights and Obligations of Owners, §§ 818-841. IV. Uses and Trusts, §§ 847-871. V. Powers, §§ 878-940. [Repealed.] TITLE I. GENERAL PROVISIONS. § 755. Real property, how governed. § 755. Real property, how governed. Real property within this state is governed by the law of this state, ex- cept where the title is in the United States. En. March 21, 1872. Am'd. 1873-4, 218. Cal.Rep.Cit. 85, 282. Territorial jurisdiction of the state: See Pol. Code, sees. 33, 34. TITLE II. ESTATES IN REAL PROPERTY. Chapter I. Estates in General, §§761-781. . II. Termination of Estates, §§ 789-793. III. Servitudes, §§801-811. CHAPTER I. ESTATES IN GENERAL. 5 761. Enumeration of estates. § 762. "What estate a fee simple. § 763. Conditional fees and estates tall abolished. § 764. Certain remainders valid. § 765. Freeholds. Chattels real. Chattel interests. S 766. Estates for life of a third person, when a freehold, etc. 55 7G1-765 ESTATES IN GENERAL. 234 § 767. Future estates, limitations of. § 768. Reversions. § 769. Remainders. § 770. Suspended ownership. § 771. Suspension by trust. § 772. Contingent remainder In fee. § 773. Remainders, future and contingent estates* how created. § 774. Limitation of successive estates for life. § 775. Remainders. § 776. Contingent remainder on a term of years. § 777. Remainder of estates for life. § 778. Remainder upon a contingency. § 779. Heirs of a tenant for life, when to take as purchasers. § 780. Construction of certain remainders. § 781. Effect of power of appointment. § 761. Enumeration of estates. Estates in real property, in respect to the duration of their enjoyment, are either: 1. Estates of inheritance or perpetual estates; 2. Estates for life; 3. Estates for years; or, 4. Estates at will. En. March 21, 1872 Cal.Rep.Cit. 79, 443. See sec. 765. § 762. What estate a fee simple. Every estate of inheri- tance is a fee, and every such estate, when not defeasible or conditional, is a fee simple, or an absolute fee. En. March 21, 1872. Am'd. 1873-4, 218. Transferring fee, words of inheritance not essential: See sec. 1072, post. Devising fee, "heirs" not essential: Sec. 1329. § 763. Conditional fees and estates tail abolished. Es- tates tail are abolished, and every estate which would be at common law adjudged to be a fee tail is a fee simple; and if no valid remainder is limited thereon, is a fee simple absolute. En. March 21, 1872. Cal.Rep.Cit. 104, 302. §764. Certain remainders valid. Where a remainder in fee is limited upon any estate, which would by the com- mon law be adjudged a fee tail, such remainder Is valid as a contingent limitation upon a fee, and vests in possession on the death of the first taker, without issue living at the time of his death. En. March 21, 1872. § 765. Freeholds. Chattels real. Chattel interests. Es- tates of inheritance and for life are called estates ot free- 235 ESTATES IN GENERAL. §§ 766-771 hold; estates for years are chattels real; and estates at will are chattel interests, but are not liable as such to sale on execution. En. March 21, 1872. Cal.Rep.Cit. 113, 353. § 766. Estates for life of a third person, when a freehold, etc. An estate, during the life of a third person, whether limited to heirs or otherwise, is a freehold. En. March 21, 1872. Am'd. 1873-4, 218. §767. Future estates, limitations of. A future estate may be limited by the act of the party to commence in possession at a future day, either without the intervention of a precedent estate, or on the termination, by lapse of time or otherwise, of a precedent estate created at the same time. En. March 21, 1872. Cal.Rep.Cit. 49, 374; 98, 451; 136, 141. Future interests: See post, sec. 739 et seq. § 768. Reversions. A reversion is the residue of an es- tate left by operation of law in the grantor or his succes- sors, or in the successors of a testator, commencing in possession on the determination of a particular estate granted or devised. En. March 21, 1872. Cal.Rep.Cit. 134, 322. § 769. Remainders. When a future estate, other than a reversion, is dependent on a precedent estate, it may be called a remainder, and may be created and transferred by that name. En. March 21, 1872. Cal.Rep.Cit. 120, 84. §770. Suspended ownership. The absolute ownership of a term of years cannot be suspended for a longer period than the absolute power of alienation can be suspended in respect to a fee. En. March 21, 1872. Am'd. 1873-4, 218. § 771. Suspension by trust. The suspension of all power to alienate the subject of a trust, other than a power to exchange it for other property to be held upon the same trust, or to sell it and reinvest the proceeds to be held upon the same trust, is a suspension of the power of alien- ation, within the meaning of section 715. En. March 21, 1872. Cal.Rep.Cit. 58, 481; 108, 647; 108, 648; 108, 656; 121, 382; 124, 537. §§772-'?76 ESTATES IN GENERAL. 236 § 772. Contingent remainder in fee. A contingent re- mainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons ^o whom the first remainder is limited die under the age of twenty- one years, or upon any other contingency by which the estate of such persons may be determined before they at- tain majority. En. March 21, 1872. Cal.Rep.Cit. 58, 474; 58, 476; 58, 480; 79, 622; 119, 146; 124, 537; 128, 9. § 773. Remainders, future and contingent estates, how created. Subject to the rules of this title, and of part I of this division, a freehold estate, as well as a chattel real, may be created to commence at a future day; an estate for life may be created in a term of years, and a remainder limited thereon; a remainder of a freehold or chattel real, either contingent or vested, may be created, expectant on the determination of a term of years; and a fee may be limited on a fee upon a contingency, which, if it should occur, must happen within the period prescribed in this title. En. March 21, 1872. Cal.Rep.Cit. 120, 84; 128, 9; 136, 141. § 774. Limitation of successive estates for life. Suc- cessive estates for life cannot be limited, except to per- sons in being at the creation thereof, and all life estates subsequent to those of persons in being are void; and upon the death of those persons the remainder, if valid in its creation, takes effect in the same manner as if no other life estate had been created. En. March 21, 1872. Am'd. 1873-4, 219. § 775. Remainders. No remainder can be created upon successive estates for life, provided for in the preceding section, unless such remainder is in fee; nor can a re- mainder be created upon such estate in a term for years, unless it is for the whole residue of such term. En. March. 21, 1872. Am'd. 1873-4, 219. § 776. Contingent remainder on a term of years. A con- tingent remainder cannot be created on a term of years, un- less the nature of the contingency on which it is limited is such that the remainder must vest in interest during the 237 ESTATES IN GENERAL. §§ 777-781 continuance or at the termination of lives in being at the creation of such remainder. En. March 21, 1872. Cal.Rep.Cit. 136, 141. §777. Remainder of estates for life. No estate for life can be limited as a remainder on a term of years, except to a person in being at the creation of such estate. En. March 21, 1872. § 778. Remainder upon a contingency. A remainder may be limited on a contingency which, in case it should happen, will operate to abridge or determine the precedent estate; and every such remainder is to be deemed a con- ditional limitation. En. March 21, 1872. Cal.Rep.Cit. 120, 84. See sec. 780, infra. §779. Heirs of a tenant for life, when to take as pur- chasers. When a remainder, is limited to the heirs, or heirs of the body, of a person to whom a life estate in the same property is given, the persons who, on the termina- tion of the life estate, are the successors or heirs of the body of the owner for life, are entitled to take by virtue of the remainder so limited to them, and not as mere succes- sors of the owner for life. En. March 21, 1872. Cal.Rep.Cit. 70, 559 ; 104, 299 ; 104, 301. §780. Construction of certain remainders. When a re- mainder on an estate for life or for years is not limited on a contingency defeating or avoiding such precedent estate, it is to be deemed intended to take effect only on the death of the first taker, or the expiration, by lapse of time, of such term of years. En. March 21, 1872. § 781. Effect of power of appointment. A general or special power of appointment does not prevent the vesting of a future estate limited to take effect in case such power is not executed. En. March 21, 1872. Cal.Rep.Cit. 132, 558. S5 789-793 TERMINATION OF ESTATES. 238 CHAPTER II. TERMINATION OF ESTATES. 8 789. Tenancy at will may be terminated by notice. S 790. Effect of notice. S 791. Re-entry, when and how to be made. § 792. Summary proceedings in certain cases provided for. i 793. Notice not necessary before action. § 789. Tenancy at will may be terminated by notice. A tenancy or other estate at will, however created, may be terminated by the landlord's giving notice in writing to the tenant, in the manner prescribed by section 1162 of the Code of Civil Procedure, to remove from the premises within a period of not less than one month to be specified in the notice. En. March 21, 1872. Cal.Rep.Cit. 56,129; 66,447; 67,471; 69, 320 ; 101, 428 ; 105, 19; 113, 19; 113, 540. Changing terms of tenancy: See sec. 827, post. § 790. Effect of notice. After such notice has been served, and the period specified by such notice has ex- • pired, but not before, the landlord may re-enter, or pro- ceed according to law to recover possession. En. March 21, 1872. Cal.Rep.Cit. 66, 447. §791. Re-entry, when and how to be made. Whenever the right of re-entry is given to a grantor or lessor in any grant or lease, or otherwise, such re-entry may be made at any time after the right has accrued upon three days' notice, as provided in sections 1161 and 1162, Code of Civil Procedure. En. March 21, 1872. Cal.Rep.Cit. 56, 129; 56, 130; 63, 52; 6G, 447; 138, 79. • §792. Summary proceedings in certain cases provided for. Summary proceedings for obtaining possession of real property forcibly entered, or forcibly and unlawfully de- tained, are provided for in sections 1159 to 1175, both in- clusive, of the Code of Civil Procedure. En. March 21, 1872. § 793. Notice not necessary before action. An action for the possession of real property leased or granted, with 239 SEKViTUDES. §801 a right of re-entry, may be maintained at any time, in the district court, after the right to re-enter has accrued, with- out the notice prescribed in section 791. En. March Zl, 1872. Cal.Rep.Cit. 88, 425. CHAPTER III. SERVITUDES. 5 801. Servitudes attached to land. § 802. Servitudes not attached to land. § 803. Designation of estates. § 804. By whom grantable. § 805. By whom held. § 806. Extent of servitudes. § 807. Apportioning easements. § 808. Rights of owner of future estate. § 809. Actions by owner and occupant of dominant tenement. § 810. Actions by owner of servient tenement. § 811. How extinguished. § 801. Servitudes attached to land. Th© following land burdens, or servitudes upon land, may be attached to other land as incidents or appurtenances, and are then called easements: 1. The right of pasture; 2. The right of fishing; 3. The right of taking game; 4. The right of way; 5. The right of taking water, wood, minerals, and other things; 6. The right of transacting business upon land; 7. The right of conducting lawful sports upon land; 8. The right of receiving air, light, or heat from or over, or discharging the same upon or over land; 9. The right of receiving water from or discharging the same upon land; 10. The right of flooding land; 11. The right of having water flow without diminution or disturbance of any kind; 12. The right of using a wall as a party wall; 13. The right of receiving more than natural support from adjacent land or things affixed thereto; 14. The right of having the whole of a division fence maintained by a coterminous owner; S§ 802-806 SERVITUDES. 240 15. The right of having public conveyances stopped, or of stopping the same on land; 16. The right of a seat in church; 17. The right of burial. En. March 21, 1872. Cal.Kep.Cit. 56, 13; 69,293; 83,517; 83,518; 90,286; 91, 84; 120, 493; 136. 48. Subd. 4—132. 236. Subd. 8— 120, 490. Coterminous owners, rights, and duties: See post, seca. 832, 841. Easements passing with property: See post, sec. 1104. Flow of water: See ante, sec. 552. § 8C2. Servitudes not attached to land. The following land burdens or servitudes upon land, may be granted and held, though not attached to land: 1. The right to pasture, and of fishing and taking game. 2. The right of a seat in church. 3. The right of burial. 4. The right of taking rents and tolls. 5. The right of way. 6. The right of taking water, wood, minerals, or other things. En. March 21, 1872. Am'd. 1873-4, 219. Cal.Rep.Cit. 65, 48; 69,323; 91, 84; 99,212; 109, 37. Subd. 5—110. 585. § 803. Designation of estates. The land to which an easement is attached is called the dominant tenement; the land upon which a burden or servitude is laid is called the servient tenement. En. March 21, 1872. §804. By whom grantable. A servitude can be created only by one who has a vested estate in the servient tene- ment. En. March 21, 1872. § 805. By whom held. A servitude thereon cannot be held by the owner of the servient tenement. En. March 21, 1872. Cal.Rep.Cit. 110, 585. Servitude extinguished by merger of estates: See post, sec. 811. § 806. Extent of servitudes. The extent of a servitude is determined by the terms of the grant, or the nature of the enjoyment by which if was acquired. En. March 21, 1872. Cal.Rep.Cit. 65, 48; 81, 125; 92, 141; 108. 596. 241 SERVITUDES. §§ 807-811 § 807. Apportioning easements. In case of partition of the dominant tenement, the burden must be apportioned according to the division of the dominant tenement, but not in such a way as to increase the burden upon the ser- vient tenement. En. March 21, 1872. § 808. Rights of owner of future estate. The owner of a future estate in a dominant tenement may use ease- ments attached thereto for the purpose of viewing waste, demanding rent, or removing an obstruction to the enjoy- ment of such easements, although such tenement is occu- pied by a tenant. En. March 21, 1872. § 809. Actions by owner and occupant of dominant tene- ment. The owner of any estate in a dominant tenement, or the occupant of such tenement, may maintain an action for the enforcement of an easement attached thereto. En. March 21, 1872. § 810. Actions by owner of servient tenement. The owner in fee of a servient tenement may maintain an action for the possession of the land, against any one un- lawfully possessed thereof, though a servitude exists thereon in favor of the public. En. March 21, 1872. Cal.Rep.Cit. 69, 221. §811. How extinguished. A servitude is extinguished: 1. By the vesting of the right to the servitude and the right to the servient tenement in the same person; 2. By the destruction of the servient tenement; 3. By the performance of any act upon either tenement, by the owner of the servitude, or with his assent, which is incompatible with its nature or exercise; or, 4. When the servitude was acquired by enjoyment, by disuse thereof by the owner of the servitude for the period prescribed for acquiring title by enjoyment. En. March 21, 1872. Cal.Rep.Cit. 69, 292; 69, 294; 110, 585; 125, 425. Subd. 4— 93, 213; 110, 126. Extinguishment of servitude. — Subd. 1. Vesting of right to servitude and right to servient tenement in same per- son: See sec. 805, ante. Civ. Code— 11 55 818-820 RIGHTS OF OWNERS. 242 TITLE III. RIGHTS AND OBLIGATIONS OF OWNERS. Chapter I. Rights of Owners, S§ 818-834. 11. Obligations of Owners, §§ 840-841. CHAPTER I. RIGHTS OP OWNERS. Article I. Incidents of Ownership, §§ 818-S27. II. Boundaries, §§ S29-S34. ARTICLE I. INCIDENTS OF OWNERSHIP. . § 818. Rights of tenant for life. I 819. Rights of tenant for years, etc. § 820. Same. § 821. Rights of grantees of rents and reversions. § 822. Assigns of lessee, remedies against. § 823. Rights of lessees and their assignees, etc. § 824. Remedy on leases for life. § 825. Rent dependent on life. § 826. Remedy of reversioners, etc. I 827. Terms of lease may be changed by notice. §818. Rights of tenant for life. The owner of a 'life estate may use the land in the same manner as the owner of a fee simple, except that he must do no act to the in- jury of the inheritance. En. March 21, 1872. Duties of tenants for life: See sec. 840, post. § 819. Rights of tenant for years, etc. A tenant for years or at will, unless he is a wrongdoer by holding over, may occupy the buildings, take the annual products of the soil, work mines and quarries open at the commencement of his tenancy. En. March 21, 1872. Cal.Rep.Cit. 101, 428; 115, 625. § 820. Same. A tenant for years or at will has no other rights to the property than such as are given to him by the agreement or instrument by which his tenancy is ac- quired, or by the last section. En. March 21, 1872. Cal.Rep.Cit. 86. 339. I 243 RIGHTS OF OWNERS. §§ 821-826 §821. Rights of grantees of rents and reversions. A person to whom any real property is transferred or de- vised, upon which rent has been reserved, or to whom any such rent is transferred, is entitled to the same remedies for recovery of rent, for nonperformance of any of the terms of the lease, or for any waste or cause of forfeiture, as his grantor or devisor might have had. En. March 21, 1872. Cal.Rep.Cit. 79. 443. Grants of rent are not binding upon the tenant until he has notice thereof: Sec. 1111, post. Hiring of real property generally: See sees. 1941 et seq. §822. Assigns of lessee, remedies against. Whatever remedies the lessor of any real property [has] against his immediate lessee for the breach of any agreement in the lease, or for recovery of the possession, he has against the assignees of the lessee, for any cause of action accruing while they are such assignees, except where the assign- ment is made by way of security for a loan, and is not accompanied by possession of the premises. En. March 21, 1872. Am'd. 1873-4, 219. Cal.Rep.Cit. 63, 370. § 823. Rights of lessees and their assignees, etc. Whatever remedies the lessee of any real property may have against his immediate lessor, for the breach of any agreement in the lease, he may have against the assigns of the lessor, and the assigns of the lessee may have against the lessor and his assigns, except upon covenants against incumbrances or relating to the title or possession of the premises. En. March 21, 1872. Cal.Rep.Cit. 66, 421. § 824. Remedy on leases for life. Rent due upon a lease for life may be recovered in the same manner as upon a lease for years. En. March 21, 1872. 1 825. Rent dependent on life. Rent depeijdent on the life of a person may be recovered after as well as be- fore his death. En. March 21, 1872. § 826. Remedy of reversioners, etc. A person having an estate in fee, in remainder or reversion, may main- tain an action for any injury done to the inheritance, not- 8§ 827-830 RIGHTS OF OWNERS. 244 withstanding an intervening estate for life or years, and although, after its commission, his estate is transferred, and he has no interest in the property at the commence- ment of the action. En. March 21, 1872. Cal.Rep.Cit. 75, 121. § 827. Terms of lease may be changed by notice. In all leases of lands or tenements, or of any interest therein, from month to month, the landlord may, upon giving notice in writing at least fifteen days before the expiration of the month, change the terms of the lease to take effect at the expiration of the month. The notice, when served upon the tenant, shall of itself operate and be effectual to create and establish, as a part of the lease, the terms, rent, and conditions specified in the notice, if the tenant shall con- tinue to hold the premises after the expiration of the month. En. Stats. 1873-4, 220. Cal.Rep.Cit. 86, 439 ; 105, 19. Termination of tenancy at will: See sec. 789, ante. ARTICLE II. BOUNDARIES. § 829. Rights of owner. § 830. Boundaries by water. § 831. Boundaries by ways. § 832. Lateral and subjacent support. § 833. Trees whose trunks are wholly on land of one. § 834. Line trees. § 829. Rights of owner. The owner of land in fee has the right to the surface and to everything permanently situated beneath or above it. En. March 21, 1872. § 830. Boundaries by water. Except where the grant under which the land is held indicates a different intent, the owner of the upland, when it borders on tide-water, takes to ordinary high-water mark; when it borders upon a navigable lake or stream, where there is no tide, the owner takes to the edge of the lake or stream, at low- water mark; when it borders upon any other water, the owner takes to the middle of the lake or stream. En. March 21, 1872. Am'd. 1873-4, 220. Cal.Rep.Cit. 69, 127; 99, 308; 138, 425. Navigable waters boundaries. — Navigable waters enu- merated: See Pol. Code, sees. 2348, 2349, 2351. 245 OBLIGATIONS OF OWNERS. §5 831-840 §831. Boundaries by ways. An owner of land bounded by a road or street is presumed to own to the center of the way, but the contrary may be shown. En. March 21, 1872. Cal.Rep.Cit. 69, 206 ; 70, 540 ; 95, 665 ; 131, 99. Highway as boundary: See post, sec. 1112. § 832. Lateral and subjacent support. Each coterml' nous owner is entitled to the lateral and subjacent supi port which his land receives from the adjoining land, sub- ject to the right of the owner of the adjoining land to make proper and usual excavations on the same for pur- poses of construction, on using ordinary care and skill, and taking reasonable precautions to sustain the land of the other, and giving previous reasonable notice to the other of his intention to make such excavations. En. March 21, 1872. Atn'd. 1873-4, 221. Cal.Rep.Cit. 63,271; 63,272; 63,273; 63,274; 63,276; 92, 98; 92,603; 95,499; 98,348; 98,349; 105, 57; 128, 503. §833. Trees whose trunks are wholly on land of one. Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another. En. March 21, 1872. § 834. Line trees. Trees whose trunks stand partly on the land of two or more coterminous owners Delong to them in common. En. March 21, 1872. CHAPTER n. OBLIGATIONS OF OWNERS. S 840. Duties of tenant for life. § 841. Monuments and fences. §840. Duties of tenant for life. The owner of a life estate must keep the buildings and fences in repair from ordinary waste, and must pay the taxes and other annual charges, and a just proportion of extraordinary assess- ments benefiting the whole inheritance. En. March 21, 1872. Cal.Rep.Cit. 136, 518. §5 S41, 847 USES AND TRUSTS. 246 Rights of tenants for life: See sec. 818, ante. Decree declaring life estate terminated: Code Civ. Proc, sec. 1723. § 841, Monuments and fences. Coterminous owners are mutually bound equally to maintain: 1. The boundaries and monuments between them; 2. The fences between them, unless one of them chooses to let his land lie without fencing; in which case, if he afterwards incloses it, he must refund to the other a just proportion of the value at that time, of any division fence made by the latter. En. March 21, 1872. Cal.Rep.Cit. 51, 297; 67, 593; 103, 45; 103, 117. Subd. 2— 119, 527. TITLE IV. USES AND TRUSTS. § 847. What uses and trusts may exist. § 846. Right to possession of land creates legal ownership. (Re- pealed.) § 849. Certain trusts unaffected. (Repealed.) § 850. Trustees of estate for use of another take no interest.' (Re- pealed.) § 851. Preceding sections qualified. (Repealed.) § 852. Trust must be in writing. § 853. Transfer to one for money paid by another, § 854. Rights of creditors. (Repealed.) § 855. Section 853 qualified. (Repealed.) § 856. Purchasers protected. § 857. For what purposes express trusts may be created, § 858. Vesting of mortgage powers. § 859. Profits of land liable to creditors in certain cases. § 860. Exercise of vested powers. § 861. Creation of certain powers not prohibited. (Repealed.) § 862. And land, etc., to descend to persons entitled. (Repealed.) § 863. Trustees of express trusts to have whole estate. § 864. Author of trust may devise, etc. § 865. Title of grantee or devisee of trust property. § 866. Interests remaining in grantor of express trust. § 867. Restraining disposition of trusts. § 868. Same. (Repealed.) § 869. Eftect of omitting trust in conveyance. § 870. Certain sales, etc., by trustees, void. § 871. When estate of trustee to cease. § 847, What uses and trusts may exist. Uses and trusts in relation to real property are those only which are speci- fied in this- title. En. March 21, 1872. Cal.Rep.Cit. 58, 478; 58, 481; 80. 242; 107, 595; 116, 409; 124, 421; 132, 527; 132, 551; 132, 557. 247 USES AND TRUSTS. S§ 848-854 Rules as to suspending power of alienation: Sees. 715, 716, 771, ante. Trusts for accumulation of income: Sees. 722-726, ante. Trusts in general: Sees. 2215-2224, post. Trusts for third persons: Sees. 2250-2289, post. §848. Right to possession of land creates legal owner- ship. (Repealed.) En. March 21, 1872. Rep. 1873-4, 221. Cal.Rep.Cit. 132, 535. §849. Certain trusts unaffected. (Repealed.) En. March 21,* 1872. Rep. 1873-4, 221. Cal.Rep.Cit. 132, 535. § 850. Trustees of estate for use of another take no in- terest. (Repealed.) En. March 21, 1872. Rep. 1873-4, 221. Cal.Rep.Cit. 132, 535. §851. Preceding sections qualified. (Repealed.) En. March 21, 1872. Rep. 1873-4, 221. Cal.Rep.Cit. 132, 535. § 852. Trust must be in writing. No trust in relation to real property is valid unless created or declared: 1. By a written instrument, subscribed by the trustee, or by his agent thereto authorized by writing; 2. By the instrument under which the trustee claims the estate affected; or, 3. By operation of law. En. March 21, 1872. Cal.Rep.Cit. 58, 483; 90, 607; 94, 72; 112, 284; 118, 107 70, 452 97, 261 124, 421 136, 96. Subd. 1—122, 427 75, 526; 76, 471; 85, 446 99, 314; 108, 656; 110, 5 126, 192; 132, 27; 135, 279 136, 155. Subd. 3—136, 634 § 853. Transfer to one for money paid by anc-ther. When a transfer of real property is made to one person, and the consideration therefor is paid by or for another, a trust is presumed to result in favor of the person by or for whom such payment is made. En. March 21, 1872. Am'd. 1873-4, 221. Cal.Rep.Cit. 67, 256; 67, 327; 68, 120; 74, 91; 75, 170; 77,338; 80,518; 85.446; 92, 13 ; 122, 116 ; 127, 247 ; 132, 28; 136, 95; 136, 96; 136, 463; 138, 569. §854. Rights of creditors. (Repealed.) En. March 21, 1872. Rep. 1873-4, 221. S! 855-858 USES AND TRUSTS. 248 §855. Section 853 qualified. (Repealed.) En. March 21, 1872. Rep. 1873-4, 221. § 856. Purchasers protected. No implied or resulting trust can prejudice the rights of a purchaser or incum- brancer of real property for value and without notice of the trust. En. March 21, 1872. Cal.Rep.Cit. 74, 91 ; 96, 307 ; 115, 335 ; 128, 365. Bona fide purchasers, rights of: See sec. 2243, post. Bona fide purchasers generally: See post, sec. 1214. § 857. For what purposes express trusts may be created. Express trusts may be created for any of the following purposes: 1. To sell real property, and apply or dispose of the pro- ceeds in accordance with the instrument creating the trust. 2. To mortgage or lease real property for the benefit of annuitants or other legatees, or for the purpose of satisfy- ing any charge thereon. 3. To receive the rents and profits of real property, and pay them to or apply them to the use of any person, whether ascertained at the time of the creation of the trust or not, for himself or for his family, during the life of such person, or for any shorter term, subject to the rules of title II of this part; or, 4. To receive the rents and profits of real property, and to accumulate the same for the purposes and within the limits prescribed by the same title. En. March 21, 1872. Am'd. 1873-4, 221. Cal.Rep.Cit. 58,478; 58,481; 58,483; 76,144; 79, 67; 80. 242; 107, 595^ lOS, 648; 108, 656; 121, 385; 123, 144; 124, 420; 124, 421; 124, 497; 130, 135; 132, 527; 132, 528; 132, 559; 132, 564; 132, 567; 132, 624; 132, 625; 132, 626; 135, 279; 136, 103; 136, 155. Subd. 1 — 85, 506; 108, 646; 116, 409; 121. 382. Subd. 2—108, 644; 109, 330; 132, 623. Subd. 3— 108, '644; 136, 102. Subd. 4—133, 423. Surplus of rents and profits: See sec. 859, post. Estate of trustee: See infra, sec. 863. § 858. Vesting of mortgage powers. Where a power to sell r6al property is given to a mortgagee, or other incum- brancer in an instrument intended to secure the payment of money, the power is to be deemed a part of the security. 249 USES AND TRUSTS. §§ S59-863 and vests in any person who, by assignment, becomes en- titled to the money so secured to be paid, and may be exe- cuted by him whenever the assignment is duly acknowl- edged and recorded. En. March 21, 1872. Rep. 1873-4. 222. En. 1873-4, 222. Cal.Rep.Cit. 121, 384; 132, 557. § 859. Profits of land liable to creditors in certain cases. Where a trust is created to receive the rents and profits of real property, and no valid direction for accumulation is given, the surplus of such rents and profits, beyond the sum that may be necessary for the education and support of the person for whose benefit the trust is created, is liable to the claims of the creditors of such person, in the same manner as personal property which cannot be reached bf execution. En. March 21, 1872. § 860. Exercise of vested powers. Where a power Is vested in several persons, all must unite in its execution; but in case any one or more of them is dead, the power may be executed by the survivor or survivors, unless other- wise prescribed by the terms of the power. En. March 21, 1872. Rep. 1873-4, 222. En. 1873-4, 222. Cal.Rep.Cit. 132, 537 ; 132, 552 ; 132, 557 ; 132, 558. Death of cotrustee, the trust survives to the others: Sec. 2288, post. §861. Creation of certain powers not prohibited. (Re- pealed.) En. March 21, 1872. Rep. 1873-4, 222, 223. Cal.Rep.Cit. 132, 552. § 862. And land, etc., to descend to persons entitled. (Repealed.) En. March 21, 1872. Rep. 1873-4, 223. Cal.Rep.Cit. 132, 552. § 863. Trustees of express trusts to have whole estate. Except as hereinafter otherwise provided, every express trust in real property, valid as such in its creation vests the whole estate in the trustees, subject only to the execu- tion of the trust. The beneficiaries take no estate or inter- est in the property, but may enforce the performance of the trust. En. March 21, 1872. Cal.Rep.Cit. 70,331; 79, 68; 85,506; 87,456; 107,596: 108, 648; 111, 636; 111, 638; 124, 537; 128, 9; 132, 536: 132, 539; 132, 576; 132, 577; 133, 422. |§ 864-869 USES AND TRUSTS. 250 Enforcing performance of the trust: See post, "Obliga- tion of Trustees," sees. 2228-2239, and sees. 2258-2263. § 864. Author of trust may devise, etc. Notwithstand- ing anything contained in the last section, the author of a trust may, in its creation, prescribe to whom the real property to which the trust relates shall belong, in the event of the failure or termination of the trust, and may transfer or devise such property, subject to the execution of the trust. En. March 21, 1872. Cal.Rep.Cit. 70, 240; 70, 331; 70, 332; 87, 456; 111, 638; 121, 383; 132, 547; 132, 553; 132, 563; 132, 576; 136, 105. § 865. Title of grantee or devisee of trust property. The grantee or devisee of real property subject to a trust ac- » quires a legal estate in the property, as against all persons except the trustees and those lawfully claiming under them. En. March 21, 1872. Cal.Rep.Cit. 70, 240 ; 121, 383. §866. Interests remaining In grantor of express trust. Where an express trust is created in relation to real prop- erty, every estate not embraced in the trust, and not other- wise disposed of, is left in the author of the trust or his successors. En. March 21, 1872. Cal.Rep.Cit. 70, 331; 109, 331; 124, 420; 132, 576; 136, 105. §867. Restraining disposition of trusts. The benefi- ciary of a trust for the receipt of the rents and profits of real property, or for the payment of an annuity out of such rents and profits, may be restrained from disposing of his interest in such trust, during his life or for a term of years, by the instrument creating the trust. En. March 21, 1872. Am'd. 1873-4, 223. Cal.Rep.Cit. Ill, 637 ; 123, 422. Accumulations: See ante, sees. 722 et seq.; sec. 859. §368. Same. (Repealed.) En. March 21, 1872. Rep. 1873-4, 223. §869. Effect of omitting trust in conveyance. Where an express trust is created in relation to real property, but is not contained or declared in the grant to the trustee, or in an instrument signed by him, and recorded in the same office with the grant to the trustee, such grant must 251 POWERS. §§ 8T0-942 be deemed absolute in favor of purchasers from such trus- tee without notice, and for a valuable consideration. En. March 21, 1872. Am'd. 1873-4, 223. Cal.Rep.Cit. 125, 12. Purchaser, when charged with implied or resulting trust: See sec. 856, ante. § 870. Certain sales, etc., by trustees, void. Where a trust in relation to real property is expressed in the in- strument creating the estate, every transfer or other act of the trustees, m contravention of the trust, is absolutely void. En. March 21, 1872. Cal.Rep.Cit. 70, 331; 106, 534; 108, 649; 134, 645; 134, 657. §871. When estate of trustee to cease. "When the pur- pose for which an express trust was created ceases, the estate of the trustee also ceases. En. March 21. 1872. Cal.Rep.Cit. 58, 72; 70, 331; 119, 409; 121, 384; 124. 420; 132, 575; 133, 52; 136, 105. TITLE Y. POWERS. Title V, of part II, of division II, on Powers, of the Civil Code, embracing sections of said code from section 878 to 945, inclusive, is repealed. En. March 21, 1872. Rep. 1873-4. 223. § 878. Cal.Rep.Cit. 132, 557. § 880. Cal.Rep.Cit. 108, 185. §894. Cal.Rep.Cit. 121, 384. §895. Cal.Rep.Cit. 121, 384; 132, 557. §900. Cal.Rep.Cit. 132, 557. §942. Cal.Rep.Cit. 127. 561. PART III. PERSONAL OR MOVABLE PROPERTY. Title I. Personal Property in General, §§ 946, 947. . 11. Particular Kinds of Personal Property, §§ 953-994. TITLE I. PERSONAL PROPERTY IN GENERAL. § 946. By what law governed. I 947. Future interests in perishable property, how protected. (Repealed.) § 946. By what law governed. If there is no law to the contrary in the place where personal property is situated, it is deemed to follow the person of its owner, and is governed by the law of his domicile. En. March 21, 1872. Rep. 1873-4, 223. En. 1875-6, 78. Cal.Rep.Cit. 105, 199 ; 105, 201. i§ 946 having been repealed by clerical error in 1874, was re-enacted at session of 1875-6.] § 947. Future interests in perishable property, how pro- tected. (Repealed.) En. March 21, 1872. Rep. 1873-4, 223. TITLE IL PARTICULAR KINDS OF PERSONAL PROPERTY. Chapter I. Things in Action, §§ 953, 954. II. Shipping, §§960-973. III. Products of the Mind, §§ 980-985. rv. Other Kinds of Personal Property, §§ 991-994. 253 THINGS IN ACTION— SHIPPING. §§ 953-960 CHAPTER I. THINGS IN ACTION. § 953. Things In action defined. § 954. Transfer and survivorship. § 953. Things in action defined. A thing in action is a right to recover money or other personal property by a judicial proceeding. En. March 21, 1872. Am'd. 1873-4, 223. Cal.Rep.Cit. 123, 161. § 954. Transfer and survivorship. A thing in action, ai'ising out of the violation of a right of property, or out of an obligation, may be transferred by the owner. Upon the death of the owner it passes to his personal representa- tives, except where, in the cases provided in the Code of Civil Procedure, it passes to his devisees or successor in office. En. March 21, 1872. Transfer of obligations: Sec. 1458, post. Suing on choses in action; See Code Civ. Proc, sees. 367-369, 1582, 1583. CHAPTER IL SHIPPING. Article I. General Provisions, §§ 960-966. II. Rules of Navigation, §§ 970-973. ARTICLE I. GENERAL PROVISIONS. § 960. Definition of a ship. § 961. Appurtenances and equipments. § 962. Foreign and domestic navigation. § 963. Foreign and domestic ships distinguished. § 964. Several owners. § 965. Owner for voyage. I 966. Registry, etc. §960. Definition of a ship. The term "ship, or ship- ping," when used in this code, includes steamboats, sailing vessels, canal boats, barges, and every structure adapted to be navigated from place to place for the transportation §§ 961-966 SHIPPING. 254 of merchandise or persons. En. March 21, 1872. Am'd. 1873-4, 224. §961. Appurtenances and equipments. All things, be- longing to the owners, which are on board a ship, and are connected with its proper use, for the objects of the voyage and adventure in which the ship fs engaged, are deemed its appurtenances. En. March 21, 1872. § 962. Foreign and domestic navigation. Ships are en- gaged either in foreign or domestic navigation, or in the fisheries. Ships are engaged in foreign navigation when passing to or from a foreign country; and in domestic navi- gation, when passing from place to place within the Uni- ted States. En. March 21, 1872. § 963. Foreign and domestic ships distinguished. A ship in a port of the state to which it belongs is called a do- mestic ship; in another port it is called a foreign ship. En. March 21, 1872. § 964. Several owners. If a ship belong to several per- sons, not partners, and they differ as to its use or repair, the controversy may be determined by any court of compe- tent jurisdiction. En. March 21, 1872. § 965. Owner for voyage. If the owner of a ship com- mits its possession, and navigation to another, that other, and not the owner, is responsible for its repairs and sup- plies. En. March 21, 1872. Charter party defined: See post, sec. 1959. § 966. Registry, etc. The registry, enrollment, and li- cense of ships are regulated by acts of congress. En. March 21, 1872. 255 SHIPPING. § 970 ARTICLE II. RULES OP NAVIGATION. I 870. Conisions. 1. Rules as to ships meeting each other. 2. The rule for sailing vessels. 3. Rules for steamers in narrow channels. 4. Same. 5. Rules for steam vessels on different courses. 6. Meeting of steamers. § 971. Collision from breach of rules. § 972. Breaches of such rules to imply willful default. § 973. Loss, how apportioned. § 970. Ccllisions. In the case of ships meeting, the fol- lowing rules must be observed, in addition to those pre- scribed by that part of the Political Code which relates to navigation: 1. Rules as to ships meeting each other. "Whenever any ship, whether a steamer or sailing ship, proceeding in one direction, meets another ship, whether a steamer or sailing ship, proceeding in another direction, so that if both ships were to continue their respective courses they would pass so near as to involve the risk of a collision, the helms of both ships must be put to port so as to pass on the port side of each other; and this rule applies to all steamers and all sailing ships, whether on the port or starboard tack, and whether close-hauled or not, except where the circum- stances of the case are such as to render a departure from the rule necessary in order to avoid immediate danger, and subject also to a due regard to the dangers of navigation, and, as regards sailing ships on the starboard tack close- hauled, to the keeping such ships under command; 2. The rule for sailing vessels.* In the case of sailing vessels, those having the wind fair must give way to those on a wind. When both are going by the wind, the vessel on the starboard tack must keep her wind, and the one on the larboard tack bear up strongly, passing each other on the larboard hand. When both vessels have the wind large or abeam, and meet, they must pass each other in the same way on the larboard hand, to effect which two last- mentioned objects the helm must be put to port. Steam vessels must be regarded as vessels navigating with a fair J§ 971, 972 SHIPPING. 256 wind, an' Discharge by foreign executors. Foreign ex- ecutors and administrators may satisfy mortgages upon the records of any county in this state, upon producing and recording in the office of the county recorder of the county in which such mortgage is recorded, a duly certi- fied and authenticated copy of their letters testamentary or of administration, and v/hich certificate shall also recite that said letters have not been revoked. En. Stats. 1895, 29. § 2940. Certificate and record of discharge. A certifi- cate of the discharge of a mortgage, and the proof or ac- knowledgment thereof, must be recorded at length, and a reference made in the record to the book and page where the mortgage is recorded, and in the minute of the dis- charge made upon the record of the mortgage to the book and page where the discharge is recorded. En. March 21, 1872. §2941. Duty of mortgagee on satisfaction of mortgage. When any mortgage has been satisfied, the mortgagee or his assignee must immediately, on demand of the mort- gagor, execute, acknowledge, and deliver to him a certifi- cate of the discharge thereof, so as to entitle it to be re- corded, or he must enter satisfaction, or cause satisfaction of such mortgage to be entered of record; and any mort- gagee, or assignee of such mortgagee, who refuses to exe- cute, acknowledge, and deliver to the mortgagor the cer- tificate of discharge, or to enter satisfaction or cause satis- faction of the mortgage to be entered, as provided in this chapter, is liable to the mortgagor, or his grantee or heirs, for all damages which he or they may sustain by reason of such refusal, and shall also forfeit to him or them the sum of one hundred dollars. En. March 21, 1872. Am'd. 1873-4, 261; 1880, 11. Cal.Rep.Cit. 106, 200; 106, 201, § 2942. Provisions of this chapter do not affect bottomry or respondentia. Contracts of bottomry or respondentia, although in the nature of mortgages, are not affected by any of the provisions of this chapter. En. March 21. 1872. Bottomry: See sees. 3017 et seq., post. Respondentia: See sees. 3036 et seq., post. 567 MORTGAGE. §§ 2947-2950 ARTICLE II. MORTGAGES OF REAL PROPERTY. § 2947. What real property may be mortgaged. § 2948. Form of mortgage. § 2949. What must be recorded as a mortgage. (Repealed.) § 2950. Defeasance, to affect grant absolute on its face, must be recorded. § 2951. By whom paid after property passes by succession or will. (Repealed.) § 2952. May be recorded. § 2947. What real property may be mortgaged. Any interest in real property wtiich is capable of being trans- ferred may be mortgaged. En. March 21, 1872. Cal.Rep.Cit. 75, 106; 99, 548; 122, 627; 124, 329; 131, 606. See sec. 1045, ante. Property held adversely may be mortgaged: Ante, sec. 2921. § 2948. Form of mortgage. A mortgage of real prop- erty may be made in substantially the following form: "This mortgage, made the day of , in the year , by A B, of , mortgagor, to C D, of , mort- gagee, witnesseth: "That the mortgagor mortgages to the mortgagee [here describe the property], as security for the payment to him of dollars, on [or before] the day of , in the year , with interest thereon [or as security for the payment of an obligation, describing it, etc.]. A B." En. March 21, 1872. Cal.Rep.Cit. 67, 275; 124, 329. Deed absolute in form construed as a mortgage: See sees. 2924, 2925, ante, and see sec. 2950, post. § 2949. What must be recorded as a mortgage. (Re- pealed.) En. March 21, 1872. Rep. 1873-4, 262. Cal.Rep.Cit. 124, 329. §2950. Defeasance, to affect grant absolute on Its face, must be recorded. When a grant of real property pur- ports to be an absolute conveyance, but is intended to be defeasible on the performance of certain conditions, such grant is not defeated or affected as against any person other than the grantee or his heirs or devisees, or persons having actual notice, unless an instrument of defeasance. 5§ 2951-2955 MORTGAGE. 668 duly executed and acknowledged, shall have been recorded in the office of the county recorder of the county where th<5 property is situated. En. March 21, 1872. Cal.Rep.Cit. 119, 21 ;124, 327. See sec. 1217, ante. Deed absolute on its face, when a mortgage: See sees. 2924, 2925, 2950. § 2951. By whom paid after property passes by suc- cession or will. (Repealed.) En. March 21, 1872. Rep. 1873-4, 262. Cal.Rep.Cit. 64, 274; 124, 327. § 2952. May be recorded. Mortgages of real property may be acknowledged or proved, certified and recorded, in like manner and with like effect as grants thereof. En. March 21, 1872. Am'd. 1873-4, 262. Cal.Rep.Cit. 46, 607; 46, 608; 109, 49; 124, 327; 124, 329. See sees. 1169-1172 and 1213-1217, ante. Fees for acknowledgment and recording: Pol. Code, sees. 798, 4235, 4245. Mortgages recorded in separate set of books; Sec. 1171, ante. ARTICLE III. MORTGAGE OP PERSONAL PROPERTY. I § 2955. What personal property may be mortgaged. § 2956. Form of personal mortgage. § 2957. When void as to third persons. I 2958. Mortgage of ships, when void as to third persons. § 2959. Where recorded. § 2960. Property in transit, where to be recorded. § 2961. Property of a common carrier, where to be recorded. § 2962. Recorded in different places. § 2963. Personal mortgage may be recorded. § 2964. Certified copies may be recorded, when. § 2965. Property exempt from effect of mortgage, when. § 2966. May be taken by mortgagee as a pledge, when. § 2967. How foreclosed. § 2968. Mortgage property may be levied upon. § 2969. Limitations on right of levy. § 2970. Distribution of proceeds of sale under process. § 2971. Sections not applicable to mortgage of certain ships. § 2972. Lien of a mortgage on growing crop. § 2955. What personal property may be mortgaged. Mortgages may be made upon the following personal prop- erty, and none other: 669 MORTGAGE. § 2955 First — Locomotives, engines, and other rolling stock of a railroad. Second — Steamboat machinery, the machinery used by machinists, foundrymen, and mechanics. Third — Steam engines and boilers. Fourth — Mining machinery. Fifth — Printing presses and material. Sixth — Professional libraries. Seventh — Instruments of surveyors, physicians, and den- tists. Eighth — Upholstery, furniture and household goods. Ninth — Oil paintings, pictures and works of art. Tenth — All growing crops, including grapes and fruit. Eleventh — Vessels of more than five tons burden. Twelfth — Instruments, negatives, furniture and fixtures of a photograph gallery. Thirteenth — The machinery, casks, pipes, tubes and utensils used in the manufacture or storage of wine, fruit brandy, fruit syrups or sugar; also wines, fruit brandy, fruit syrup, or sugar, with the cooperage in which the same are contained. Fourteenth — Pianos and organs. Fifteenth — Iron and steel safes. Sixteenth — Cattle, horses, mules, swine, sheep, and goats, and the increase thereof. Seventeenth — Harvesters, threshing outfits, hay presses, wagons, farming implements, and the equipments of a livery stable, including buggies, carriages, harness, robes. Eighteenth — Abstract systems, books, maps, papers, and slips of searchers of records. Nineteenth — Raisins and dried fruits, cured or in pro- cess of being cured. Also all boxes, fruit graders, drying trays and fruit ladders. En. March 21, 1872. Am'd. 1875-6, 79; 1877-8, 88; 1887, 5; 1893, 84; 1895, 57; 1897, 95; 1903, 78. Cal.Rep.Cit. 56.631; 57,255; 63, 4; 71,334; 84,206; 104, 26; 105, 469; 105, 470; 106, 679; 107, 147; 109. 199; 109, 201; 112, 184; 124, 330; 127, 297; 131, 606; 131, 607. Subd. 5 — 94, 525. Subd. 8—63. 333; 91, 286; 101, 10. Subd. 9 — 91, 639. Subd. 10—115, 93; 123, 236; 124, 327. Subd. 16—116, 83; 126, 204; 133, 498. Removal of property from mortgaged premises, when larceny: See Pen. Code. sec. 502 Vj. S§ 2956-2959 MORTGAGE. 570 Further chattel mortgage is larcency: See Pen. Code, sec. 538. § 2956. Form of personal mortgage. A mortgage of per- sonal property may be made in substantially the follow- ing form: "This mortgage, made the day of , in the year , by A B, of , by occupation a , mortgagor, to C D, of , by occupation a , mortgagee, witnesseth: "That the mortgagor mortgages to the mortgagee [here describe the property], as security for the payment to him of dollars, on [or before] the day of , in the year , with interest thereon [or, as security for the payment of a note or obligation, describing it, etc.]. A B." En. March 21, 1872. Cal.Rep.Cit. 63, 551; 91, 639; 106, 678; 124, 327. §2957. When void as to third persons. A mortgage of personal property is void as against creditors of the mort- gagor and subsequent purchasers and incumbrancers of the property in good faith and for value, unless: 1. It is accompanied by the affidavit of all the parties thereto that it is made in good faith and without any design to hinder, delay, or defraud creditors; 2. It is acknowledged or proved, certified and recorded, in like manner as grants of real property. En. March 21, 1872. Cal.Rep.Cit. 63,551; 63,552; 67, 34; 67, 57; 67, 58 84, 556; 84, 557; 91, 63S ; 94, 496; 104, 427; 105, 330 105, 332; 105. 470; 106, 679; 108, 253; 108, 257; 115, 319 115, 325; 121, 274; 124, 327; 127, 296; 127, 304; 127, 306 127. 308; 127. 309; 12S, 105. Subd. 1—130, 477; 131. 607. Recording: See sees. 2959, 2961-2965, post. § 2958. Mortgage of ships, when void as to third persons. A mortgage of any vessel or part of any vessel under the flag of the United States is void as against any person (other than the mortgagor, his heirs, and devisee, and persons having actual notice thereof), unless the mortgage is recorded in the office of the collector of customs where such vessel is registered or enrolled. En. March 21, 1872. Cal.Rep.Cit. 124, 327. § 2959. Where recorded. A mortgage of personal prop- erty must be recorded in the office of the county recorder 571 MORTGAGE. §§ 29G0-2963 of the county in which the mortgagor resides, and also of the county in which the property mortgaged is situated, or to which it may be removed. En. March 21, 1872. Cal.Rep.Cit. 03, ,^51; 115, 319; 115, 321; 115, 322; 115, 323; 124, 327; 127, 298. Duty of recorder; See Pol. Code, sec. 4234 et seq. Record in different places: See sec. 2962. § 2960. Property in transit, where to be recorded. For the purposes of this article, property in transit from the possession of the mortgagee to the county of* the residence of the mortgagor, or to a location for use, is, during a rea- sonable time for such transportation, to be taken as situ- ated in the county in which the mortgagor resides, or where it is intended to be used. En. March 21, 1872. Cal.Rep.Cit. 124, 327. See sec. 2965, subd. 1. §2961. Property of a common carrier, where to be re- corded. For a like purpose, personal property used in conducting the business of a common carrier is to be taken as situated in the county in which the principal office or place of business of the carrier is located. En. March 21, 1872. Cal.Rep.Cit. 124, 327. § 2962. Recorded in different places. A single nlortgage of personal property, embracing several things of such character or so situated that by the provisions of this article separate mortgages upon them would be required to be recorded in different places, is only valid in respect to the things as to which it is duly recorded. En. March 21, 1872. Cal.Rep.Cit. 124, 327 ; 127, 310. County where property is situated: Sec. 2959. § 2963. Personal mortgage may be recorded. Except as it is otherwise in this article provided, mortgages of per- sonal property may be acknowledged, or proved and certi- fied, recorded in like manner and with like effect as grants of real property; but they must be recorded in books kept for personal mortgages exclusively. En. March 21, 1872. Cal.Rep.Cit. 124, 327. See sees. 1169-1171 and 1213-1217, ante. §§ 29C4-2nC3 MORTGAGE. 572 § 2964. Certified copies may be recorded, when. A cer- tified copy ol' a mortgage of personal property once re- corded may be recorded in any other county, and when so recorded the record thereof has the same force and effect as though it was of the original mortgage. En. March 21, 1872. Cal.Rep.Cit. 124, 327. § 2965. Property exempt from effect of mortgage, when. When personal property mortgaged is thereafter by the mortgagor removed from the county in which it is situated, it is, except as between the parties to the mortgage, ex- empted from the operation thereof, unless either: 1. The mortgagee, within thirty days after such removal, causes the mortgage to be recorded in the county to which the property has been removed; or, 2. The mortgagee, within thirty days after such removal, takes possession of the property, as prescribed in the next section. En. March 21, 1872. Cal.Rep.Cit. 115, 319; 115, 320; 115, 323; 124, 327; 127, 298. § 2966. May be taken by mortgagee as a pledge, when. If the mortgagor voluntarily removes or perAits the re- moval of the mortgaged property from the county in which it was situated at the time it was mortgaged, the mort- gagee m"ay take possession and dispose of the property as a pledge for the payment of the debt, though the. debt is not due. En. March 21, 1872. Cal.Rep.Cit. 124, 327. § 2967. How foreclosed. A mortgagee of personal prop- erty, when the debt to secure which the mortgage was executed becomes due, may foreclose the mortgagor's right of redemption by a sale of the property, made in the man- ner and upon the notice prescribed by the title on Pledge, or by proceedings under the Code of Civil Procedure. En. March 21, 1872. Cal.Rep.Cit. 124, 327 Sale of pledge: See sees. 3000 et seq., post. Actual notice required: Sec. 3002, post. Foreclosure: Code Civ. Proc, sees. 726-729. § 2968. iVlortgage property may be levied upon. Per- sonal property mortgaged may be taken under attachment 573 MORTGAGE. §§ 2969-2972 or execution issued at the suit of a creditor of the mort- gagor. En. March 21, 1872. Cal.Rep.Cit. 56,218; 67, 59; 71, 70; 91, 121 ; 111, 234 ; 124, 327. § 2969. Limitations on rigiit of levy. Before the prop- erty is so taken, the officer must pay or tender to the mortgagee the amount of the mortgage debt and interest, or must deposit the amount thereof with the county clerk or treasurer, payable to the order of the mortgagee. En. .March 21, 1872. Cal.Rep.Cit. 56, 218; 63, 551; 63, 552; 67, 59; 71, 70; 91, 121; 91, 122; 111, 234; 124, 327; 126, 289; 126, 290; 131, 556. Measure of special owner's damage for conversion: See post, sec. 33o8. § 2970. Distribution of proceeds of sale under process. When the property thus taken is sold under process, the officer must apply the proceeds of the sale as follows: 1. To the repayment of the sum paid to the mortgagee, with interest from the date of such payment; and, 2. The balance, if any, in like manner as the proceeds of sales under execution are applied in other cases. En. March 21, 1872. Cal.Rep.Cit. 63, 552; 124, 327, §2971. Sections not applicable to mortgage of certain ships. Sections 2957, 2959, 2960, 2961, 2962, 2963, 2964, 2965, and 2966 do not apply to any mortgage of a ship or part of a ship under the flag of the United States. En. March 21, 1872. Cal.Rep.Cit. 124, 327. § 2972. Lien of a mortgage on growing crop. The lien of a mortgage on a growing crop continues on the crop after severance, whether remaining in its original state or converted into another product, ^o long as the same remains on the land of mortgagor. En. Stats. 1877-8, 89. Cal.Rep.Cit. 59,142; 63, 4^ 70,197; 77,244; 107, 29; 109. 201; 117, 416; 124, 327. S: 2986, 2987 PLEDGE. 574 CHAPTER III. PLEDGE. S 2986. Pledge, what. § 2987. When (.outract Is to be deemed a pledge. § 2988. Delivery essential to validity of pledge. § 2989. Increase of thing. I 2990. Lienor may pledge property to extent of his lien. § 2991. Real owner cannot defeat pledge of property transferred to apparent owner lor the purpose of pledge. § 2992. Pledge lender, what. § 2993. Pledge holder, what. § 2994. When pledge lender may withdraw property pledged. § 2995. Obligations of pledge holder. § 2996. Pledge holder must enforce rights of pledgee. § 2997. Obligation of pledgee and pledge holder, for reward. § 2998. Gratuitous pledge holder. § 2999. Debtor's misrepresentation of value of pledge. § 3000. When pledgee may sell. § 3001. Sale of pledged property. § 3002. Notice of sale to pledgor, i 3003. Waiver of notice of sale. § 3004. Waiver of demand. § 3005. Sale must be by auction. § 3006. Pledgee's sale of securities. § 3007. Sale on the demand of the pledgor. § 3008. Surplus to be paid to pledgor. § 3009. Pledgee may retain all that can become due. § 3010. Pledgee or pledge holder may purchase. § 3011. Pledgee may foreclose right of redemption. § 2986. Pledge, what. Pledge is a deposit of personal property by way of security for the performance of an- other act. En. March 21, 1872. Cal.Rep.Cit. 76, 172; 113, 466; 121, 519; 123, 648; 125, 187; 133, 195. Increase of property pledged: Sec. 2989, infra. Note. — Much difficulty has arisen in determining whether a certain transaction is a pledge or a chattel mort- gage, the question generally being whether the title has passed or not. In this state, it has been seen, title never passes in case of property conveyed or deposited as se- curity: Sec. 2888, ante. And, also, whenever the possession of personal property is transferred as security only, it is to be treated as a pledge: Sec. 2987, post. And even a chattel mortgage, when the possession of the property mortgaged is transferred becomes a pledge: Sec. 2924, and feec. 2987. The question is, therefore, much simplified, possession being the criterion. § 2987. When contract is to be deemed a pledge. Every contract by which the possession of personal property is 575 PLEDGE. §§ 2988-2994 transferred, as security only, is to be deemed a pledge. En. March 21, 1872. Cal.Rep.Cit. 99, 518; 112, 602; 113, 467; 123, 648; 133, 195. §2988. Delivery essential to validity cf pledge. The lien of a pledge is dependent on possession, and no pledge is valid until the property pledged is delivered to the pledgee, or to a pledge holder, as hereafter prescribed. En. March 21, 1872. Cal.Rep.Cit. 59,159; 59,168; 61,429; 71, 334 ; 112, 13; 122, 283; 122, 470; 125, 187. §2989. Increase of thing. The increase of property pledged is pledged with the property. En. March 21, 1872. §2990. Lienor may pledge property to extent of his lien. One who has a lien upon property may pledge it to the extent of his lien. En. March 2i, 1872. Compare next section. Lienor's action for damages: See sec. 3338, post, §2991. Real owner cannot defeat pledge of property transferred to apparent owner for the purpose of pledge. One who has allowed another to assume the apparent ownership of property for the purpose of making any transfer of it, cannot set up his own title to defeat a pledge of the property, made by the other to a pledgee who received the property in good faith, in the ordinary course of business, and for value. En. March 21, 1872. Cal.Rep.Cit. 52, 616; 59, 168; 90, 13; 121, 576; 124, 289. § 2992. Pledge lender, what. Property may be pledged as security for the obligation of another person than the owner, and in so doing the owner has all the rights of a pledgor for himself, except as hereinafter stated. En. March 21, 1872. Cal.Rep.Cit. 133, 195. § 2993. Pledge holder, what. A pledgor and pledgee may agree upon a third person with whom to deposit the property pledged, who, if he accepts the deposit, is called a pledge holder. En. March 21, 1872. Cal.Rep.Cit. 130, 262. §2994. When pledge lender may withdraw property pledged. One who pledges property as security for the §§ 2995-3000 PLEDGE. 576 obligation cf another, cannot withdraw the property pledged otherwise than as a pledgor for himself might, and if he receives from the debtor a consideration for the pledge he cannot withdraw it without his consent. En. March 21, 1872. §2995. Obligations of pledge holder. A pledge holder for reward cannot exonerate himself from his undertak- ing; and a gratuitous pledge holder can do so only by giving reasonable notice to the pledgor and pledgee to appoint a new pledge holder, and in case of their failure to agree, by depositing the property pledged with some im- partial person, who will then be entitled to a reasonable compensation for his care of the same. En. March 21, 1872. § 2996. Pledge holdar must enforce rights of pledgee. A pledge holder must enforce all the rights of the pledgee, unless authorized by him to waive them. En. March 21, 1872. . Cal.Rep.Cit. 121, 520 ; 130, 262. §2997. Obligation of pledgee and pledge holder, for re- ward. A pledgee, or a pledge holder for reward, assumes the duties and liabilities of a depositary for reward. En. March 21, 1872. Depositary for reward: See sec. 1852, ante. See sec. 3007, post. § 2998. Gratuitous pledge holder. A gratuitous pledge holder assumes the duties and liabilities of a gratuitous depositary. En. March 21, 1872. Cal.Rep.Cit. 125, 599. See ante, sees. 1845 and 2995. §2999. Debtor's misrepresentation of value of pledge. Where a debtor has obtained credit, or an extension of time, by a fraudulent misrepresentation of the value of property pledged by or for him, the creditor may demand a further pledge to correspond with the value represented; and in default thereof may recover his debt immediately, though it be not actually due. En. March 21, 1872. §3000. When pledgee may sell. When performance of the act for which a pledge is given is due, in whole or iu 577 PLEDGE. §§ 3003 -3006 part, the pledgee may collect what is due to him by a sale of property pledged, subject to the rules and exceptions hereinafter prescribed. En. March 21, 1872. Cal.Rep.Cit. 66, 98; 125, 600; 128, 208. Another remedy is provided by sec. 3011, post. And sale is restricted in case of most choses in action by sec. 3006, post. See also sec. 2890, ante. Foreclosure of right of redemption: Sec. 3011. §3001. Sale of pledged property. Before property pledged can be sold, and after performance of the act for which it is security is due, the pledgee must demand per- formance thereof from the debtor, if the debtor can be found. En. March 21, 1872. Am'd. 1873-4, 262. Cal.Rep.Cit. 62, 439; 82, 200; 125, 600; 128, 208. § 3002. Notice of sale to pledgor. A pledgee must give actual notice to the pledgor of the time and place at which the property pledged will be sold, at such a reasonable time before the sale as will enable the pledgor to attend. En. March 21, 1872. Cal.Rep.Cit. 68, 526; 82, 200 ; 125, 600; 128, 208. § 3003. Waiver of notice of sale. Notice of sale may be waived by a pledgor at any time; but is not waived by a mere waiver of demand of performance. En. March 21, 1872. Cal.Rep.Cit. 68, 526; 82, 201; 125, 600. § 3004. Waiver of demand. A debtor or pledgor waives a demand of performance as a condition precedent to a sale of the property pledged, by a positive refusal to per- form, after performance is due; but cannot waive it in any other manner except by contract. En. March 21, 1872. Cal.Rep.Cit. 82, 201 ; 125, 600. § 3005. Sale must be by auction. The sale by a pledgee, of property pledged, must be made by public auction, in the manner and upon the notice to the public usual at the place of sale, in respect to auction sales of similar prop- erty; and must be for the highest obtainable price. En. March 21, 1872. Cal.Rep.Cit. 66, 98; 68, 526; 82, 200; 113, 478; 125, 600, § 3006. Pledgee's sale of securities. A pledgee cannot sell any evidence of debt pledged to him, except the obli- Civ. Code— 25 §§ 3007-3011 PLEDGES. B78 gations of governments, states, or corporations; but he may collect the same when due. En. March 21, 1872. Cal.Rep.Cit. 85, 129; 114, 129; 121, 520; 125, 600; 127, 175; 134, 289. § 3007. Sale on the demand cf the pledgor. Whenever property pledged can be sold for a price sufficient to satisfy the claim of the pledgee, the pledgor may require it to be sold, and its proceeds to be applied to such satis- faction, when due. En. March 21, 1872. Cal.Rep.Cit. 125, 600. See sec. 3009, infra. § 3008. Surplus to be paid to pledgor. After a pledgee has lawfully sold property pleuged, or otherwise collected its proceeds, he may deduct therefrom the amount due under the principal obligation, and the necessary expenses of sale and collection, and must pay the surplus to the pledgor, on demand. En. March 21, 1872. Cal.Rep.Cit. 101, 453; 125, 600. § 3009. Pledgee may retain all that can become due. When property pledged is sold by order of the pledgor before the claim of the pledgee is due, the latter may retain out of the proceeds all that can possibly become due under his claim until it becomes due. En. March 21, 1872. Am'd. 1873-4, 262. Cal.Rep.Cit. 125, 600. § 3010. Pledgee or pledge holder may purchase. When- ever property pledged is sold at public auction, in the manner provided by section three thousand and five of this code, the pledgee or pledge holder may purchase said property at such sale. En. March 21, 1872. Am'd. 1895, 27. Cal.Rep.Cit. 62, 439 ;125, 600. §3011. Pledgee may foreclose right of redemption. In- stead of selling property pledged, as hereinbefore pro- vided, a pledgee may foreclose the right of redemption by a judicial sale, under the direction of a competent court; and in that case may be authorized by the court to pur- chase at the sale. En. March 21, 1872. Cal.Rep.Cit. 66, 98; 85, 129; 125, 600; 127, 175; 134, 289. Pawnbrokers: Pen. Code, sees. 338-343. 579 BOTTOMRY. SS 3017-3020 CHAPTER IV. BOTTOMRY. § 3017. Bottomry, what. § 3018. Owner of ship may hypothecate. § 3019. When master may hypothecate ship. § 3020. Same. § 3021. When master may hypothecate freight money. § 3022. Rate of interest. § 3023. Rights of lender, when no necessity for bottomry existed. § 3024. Stipulation for personal liability void. § 3025. When money loaned is to be repaid. § 3026. When bottomry loan becomes due. § 3027. Bottomry lien, how lost. § 3028. Preference of bottonjry lien over other liens. § 3029. Priority of bottomry liens. § 3017. Bottomry, what. Bottomry is a contract by wliich a ship or its freightage is hypothecated as security for a loan, which is to be repaid only in case the ship survives a particular risk, voyage, or period. En. March 21, 1872. It is independent of possession: Sec. 3027, post, and cases cited. Insurance by owner: See sec. 2C60, ante. § 3018. Owner of ship may hypothecate. The owner of a ship may hypothecate it or its freightage, upon bottomry, for any lawful purpose, and at any time and place. En. March 21, 1872. § 3019. When master may hypothecate ship. The master of a ship may hypothecate it upon bottomry only for the purpose of procuring repairs or supplies which are necessary for accomplishing the objects of the voyage, or for securing the safety of the ship. En. March 21, 1872. Freightage, the authority of the master extends to: Sec. 3021. § 3020. Same. The master of a ship can hypothecate it upon bottomry only when he cannot otherwise relieve the necessities of the ship, and is unable to reach adequate funds of the owner, or to obtain any upon the personal credit of the owner, and when previous communication with him is precluded by the urgent necessity of the case. En. March 21, 1872. May sell ship and cargo: See sees. 2377-2379, ante. §§ 3021-3027 BOTTOMRY. S80 § 3021. When master may hypothecate freight money. The master of a ship may hypothecate freightage upon bottomry, under the same circumstances as those which authorize an hypothecation of the ship by him. En. March. 21, 1S72. § 3022. Rate of interest. Upon a contract of bottomry, the parties may lawfully stipulate for a rate of interest higher than that allowed by the law upon other contracts. But a competent court may reduce the rate stipulated when it appears unjustifiable and exorbitant. En. March 21, 1872. § 3023. Rights of lender, when no necessity for bot- tomry existed. A lender upon a contract of bottomry, made by the master of a ship, as such, may enforce the contract, though the circumstances necessary to author- ize the master to hypothecate the ship did not in fact exist, if, after due diligence and inquiry, the lender had reasonable grounds to believe, and did in good faith be- lieve, in the existence of such circumstances. En. March 21, 1872. §3024. Stipulation for personal liability void. A stipu- lation in a contract of bottomry, imposing any liability for the loan independent of the maritime risks, is void. En. March 21, 1872. § 3025. When money loaned is to be repaid. In case of a total loss of the thing hypothecated, from a risk to which the loan was subject, the lender upon bottomry can re- cover nothing; in case of a partial loss, he can recover only to the extent of the net value to the owner of the part saved. En. March 21, 1872. § 3026. When bottomry loan becomes due. Unless it is otherwise expressly agreed, a bottomry loan becomes due immediately upon the termination of the risk, although a term of credit is specified in the contract. En. March 21, 1872. §3027. Bottomry lien, how lost. A bottomry lien is independent of possession, and is lost by omission to en- force it within a reasonable time. En. March 21, 1872. 581 RESPONDENTIA. §§ 3028-3039 § 3028. Preference cf bottomry lien over other liens. A bottomry lien, if created out of a real or apparent neces- sity, in good faith, is preferred to every other lien or claim upon the same thing, excepting only a lien for sea- men's wages, a subsequent lien of materialmen for sup- plies or repairs indispensable to the safety of the ship, and a subsequent lien for salvage. En. March 21, 1872. Seamen's wages: Ante, sees. 2048-2066. § 3029. Priority of bottomry liens. Of two or more bottomry liens on the same subject, the latter in date has preference, if created out of necessity. En. March 21, 1872. CHAPTER V. RESPONDENTIA. § 3036. Respondentia, what. I 3037. Respondentia by owner, f 3038. Respondentia by master. § 3039. Rate of interest. § 3040. Obligations of shipowner. § 3036. Respondentia, what. Respondentia is a contract by which a cargo, or some part thereof, is hypothecated as security for a loan, the repayment of which is depend- ent on maritime risks. En. March 21, 1872. § 3037. Respondentia by owner. The owner of cargo may hypothecate it upon respondentia, at any time and place, and for any lawful purpose. En. March 21, 1872. § 3038. Respondentia by master. The master of a ship may hypothecate its cargo upon respondentia only in a case in which he would be authorized to hypothecate the ship and freightage, but is unable to borrow sufficient money thereon for repairs or supplies which are neces- sary foj the successful accomplishment of the voyage; and he cannot do so, even in such case, if there is no reasonable prospect of benefiting the cargo thereby. En. March 21, 1872. Master may sell cargo: Sec. 2379, ante. § 3039. Rate of interest. The provisions of sections 3022 to 3029 apply equally to loans on respondentia. En. March 21. 1872. 8§ 3040-3047 OTHER LIENS. 582 § 3040. Obligations of shipowner. The owner of a ship is bound to repay to the owner of its cargo all which the latter is compelled to pay under a contract of respondentia made by the master, iu order to discharge its lien. En. March 21, 1872. See sec. 2385, ante. Master personally responsible: Sec. 2383, ante. CHAPTER VI. OTHER LIENS. § 3046. Lien of seller of real property. § 3047. Wheu transfer of contract waives lien. § 3048. Extent of seller's lien. § 3049. Lien of seller of personal property. § 3050. Purchaser's lien on real property. § 3051. Lien on personal property for service performed. § 3052. Liens on personal property. § 3053. Lien of factor. § 3054. Banker's lien. I 3055. Shipmaster's lien. , S 3056. Seamen's lien. § 3057. Officers' lien. § 3058. Judgment iien. § 3059. Mechanic's lien. § 3060, Lien on ships. §3046. Lien of seller of real property. One who sells real property has a vendor's lien thereon, independent of possession, for so much of the price as remains unpaid and unsecured otherwise than by the personal obligation of the buyer. En. March 21, 1872. Cal.Rep.Cit. 57,471; 87,625; 89, 93; 98, 33 ; 116, 259 ; 119, 372; 119, 373; 123, 212; 125, 360. A transfer of personal security waives the lien: Sec. 3047, infra. Transfer by vendee to bona fide purchaser or incum- brancer discharges lien: Sec. 3048, infra. § 3047. When transfer of contract waives lien. Where a buyer of real property gives to the seller a written con- tract for payment of all or part of the price, an absolute transfer of such contract by the seller waives his lien to the extent of the sum payable under the contract, but a transfer of such contract in trust to pay debts, and return the surplus, is not a waiver of the lien. En. March 21, 1872. Cal.Rep.Cit. 74, 585; 87, 625; 89, 93; 123, 212; 125, 360. 583 OTHER LIENS. §§ 3048-3051 §3048. Extent of seller's lien. The liens defined in sections 3046 and 3050 are valid against every one claim- ing under the debtor, except a purchaser or incumbrancer ,in good faith and for value. En. March 21, 1872. Cal.Rep.Cit. 125, 360. See sec. 19, ante. §3049. Lien of seller of personal property. One who sells personal property has a special lien thereon, depend- ent on possession, for its price, if it is in his possession when the price becomes payable, and may enforce his lien in like manner as if the property was pledged to him for the price. En. March 21, 1872. Cal.Rep.Cit. 77, 144; 94, 17; 106, 445; 121, 246. See sec. 3002, ante. § 3050. Purchaser's lien on real property. One who pays to the owner any part of the price of real property, under an agreement for the sale thereof, has a special lien upon the property, independent of possession, for such part of the amount paid as he may be entitled to recover back, in case of a failure of consideration. En. March 21, 1872. Cal.Rep.Cit. 87, 55; 103, 289; 103, 293; 113, 664; 125, 360. § 3051. Lien on personal property for service performed. Every person who, while lawfully in possession of an article of personal property, renders any service to the owner thereof, by labor or skill, employed for the protec- tion, improvement, safekeeping, or carriage thereof, has a special lien thereon, dependent on possession, lor the compensation, if any, which is due to him from ihe owner for such service; and livery or boarding or feed stable proprietors, and persons pasturing horses or stock, have a lien, dependent on possession, for their compensation in caring for, boarding, feeding, or pasturing such horses or stock; and laundry proprietors and persons conducting a laundry business have a general lien, dependent on pos- session, upon all personal property in their hands belong- ing to a customer, for the balance due them from such customer for laundry work. En. March 21, l&'U. Am'd. 1877-8, 89; 1900-01, 270. Cal.Rep.Cit. 53, 353; 100, 410; 121, 9. Carriers' lien: Sees. 2144, 2191. §§ 3052-3055 OTHER LIENS. 584 § 3052. Liens on personal property. A person who makes, alters, or repairs any article of personal property, at the request of the owner, or legal possessor of the property, has a lien on the same for his reasonable charges for work done and materials furnished, and may retain possession of the same until the charges are paid. If not paid within two months after the work is done, the person may proceed to sell the property at public auction, by giving ten days' public notice of the sale by advertising in some newspaper published in the county in which the work was done; or, if there be no newspaper published in the county, then by posting up notices of the sale in three of the most public places in the town where the work was done, for ten days previous to the sale. The pro- ceeds of the sale must be applied to the discharge of the lien and the cost of keeping and selling the property; the remainder, if any, must be paid over to the owner thereof. En. March 21, 1872. Cal.Rep.Cit. 92, 658; 121, 9. Lien in favor of owner of propagating animal: See post, Appendix, title Liens. § 3053. Lien of factor. A factor has a general lien, de- pendent on possession, for all that is due to him as such, upon all articles of commercial value that are intrusted to him by the same principal. En. March 21, 1872. Power of pledging: See sec. 2991, ante. Factors' enforcement of lien: Ante, sec. 2027. Commission merchant making advances may sell prop- erty, when: See Pol. Code, sec. 3156. § 3054. Banker's lien. A banker has a general lien, de- pendent on possession, upon all property in nis hands belonging to a customer, for the balance due to him from such customer in the course of the business. En. March 21, 1872. Cal.Rep.Cit. 63, 364. §3055. Shipmaster's lien. 'The master of a ship has a general lien, independent of possession, upon the ship and freightage, for advances necessarily made or liabili- ties necessarily incurred by him for the benefit of the ship, but has no lien for his wages. En. March 21, 1872. 585 STOPPAGE IN TRANSIT. §§ 3056-3076 § 3056. Seamen's lien. The mate and seamen of a ship have a general lien, independent of possession, upon the ship and freightage, for their wages, which is superior to every other lien. En. March 21, 1872. §3057. Officers' lien. An officer who levies an attach- ment or execution upon personal property acquires a special lien, dependent on possession, upon such property, which authorizes him to hold it until the process is dis- charged or satisfied, or a judicial sale of the property is had. En. March 21, 1872. Attachment and execution: See Code Civ. Proc, sees. 542, 682, 688, and 690. §3058. Judgment lien. The lien of a judgment is regu- lated by the Code of Civil Procedure. En.Marcn 2i, 1872. Judgment lien: See Code Civ. Proc, sees. 671, 674. §3059. Mechanic's lien. The liens of mechanics, for materials and services upon real property, are regulated by the Code of Civil Procedure. En. March 21, 1872. Mechanics' liens: See Code Civ. Proc, sees. 1183-1203. See also, ante, sec. 3052; post. Appendix, title Liens. § 3060. Lien on ships. Debts amounting to at least fifty dollars, contracted for the benefit of ships, are liens in the cases provided by the Code of Civil Procedure. En. March 21, 1872. Lien of innkeepers and boarding-house keepers: See sees. 1861-1863 of this code. Liens for wages, etc.: Code Civ. Proc, sees. 1204-1207. Liens for services performed for ships: See Code Civ. Proc, sec. 813. CHAPTER Vn. STOPPAGE IN TRANSIT. § 3076. When consignor may stop goods. § 3077. What is insolvency of consignee. § 3078. Transit, when ended. § 3079. Stoppage, how effected. § 3080. Effect of stoppage. § 3076. When consignor May stop goods. A seller or consignor of property, whose claim for its price or pro- §§ 3077-3080 STOPPAGE IN TRANSIT. 5S5 ceeds has not been extinguished, may, upon the insolvency of the buyer or consignee becoming known to him after parting with the property, stop it while on its transit to the buyer or consignee, and resume possession thereof. En. March 21, 1872. That bills of lading are negotiable: See ante, sees. 2127, 2128. § 3077. What is insolvency of consignee. A person is insolvent, within the meaning of the last section, when he ceases to pay his debts in the manner usual with persons of his business, or when he declares his inability or un- willingness to do so. En. March 21, 1872. §3078. Transit, when ended. The transit of property is at an end when it comes into the possession of the consignee, or into that of his agent, unless such agent is employed merely to forward the property to the consignee. En. March 21, 1872. § 3079. Stoppage, how effected. Stoppage in transit can be effected only by notice to the carrier or depositary of the property, or by taking actual possession thereof. En. March 21, 1872. § 3080. Effect of stoppage. Stoppage in transit does not, of itself, rescind a sale, but is a means of enforcing the lien of the seller. En. March 21, 1872. 687 NEGOTIABLE INSTRUMENTS. §§ 3086, 3087 TITLE XV. NEGOTIABLE INSTRUMENTS. Chapter I. Negotiable Instruments in General, §§ 3086- 3165. II. Bills of Exchange, §§ 3171-3238. III. Promissory Notes, §§ 3244-3248. IV. Checks, §§ 3254, 3255. V. Bank Notes and Certificates of Deposit, §§ 3261, 3262. CHAPTER I. NEGOTIABLE INSTRUMENTS IN GENERAL. Article I. General Definitions, §§ 3086-3095. II. Interpretation, §§ 3099-3104. III. Indorsement, §§ 3108-3125. IV. Presentment for Payment, §§ 3130-3137. V. Dishonor, §§ 3141-3151. VI. Excuse of Presentment and Notice, §§ 3155-3160. VII. Extinction, §§ 3164-3165. ARTICLE I. GENERAL DEFINITIONS. § 3086. To what Instruments this title is applicable. § 3087. Negotiable instrument, what. § 3088. Must be for unconditional payment of money. § 3089. Payee. § 3090. Instrument may be in alternative. § 3091. Date, etc. § 3092. May contain a pledge, etc. § 3093. What it must not contain. § 3094. Date. I 3095. Different classes of negotiable instruments. § 3086. To what instruments this title is applicable. The provisions of this title apply only to negotiable in- struments, as defined in this article. En. March 21, 1872. Cal.Rep.Cit. 94, 145. § 3087. Negotiable instrument, what. A negotiable in- strument is a written promise or request for the payment of a certain sum of money to order or bearer, in conformity to the provisions of this article. En. March 21, 1872. Cal.Rep.Cit. 55,566; 64,391; 68,548; 81,327; 82,639; 103, 324; 131, 386. Fictitious payee: See sees. 3102, 3103. 55 3088-3095 NEGOTIABLE INSTRUMENTS. 588 §3088. Must be for unconditional payment of money. A negotiable instrument must be made payable in money only, and without any condition not certain of fulfillment. En. March 21, 1872. Cal.Rep.Cit. 74, 596 ; 82, 639 ; 133, 685. Other contract In instrument: See infra, sec. 3093. § 3089. Payee. The person to whose order a negotiable instrument is made payable must be ascertainable at the time the instrument is made. En. March. 21, 1872. Fictitious payee: See sees. 3102, 3103. Indorsement in blank: See sec. 3125. § 3090. Instrument may be in alternative. A negotiable instrument may give to the payee an option between the payment of the sum specified therein and the performance of another act; but as to the latter, the instrument is not within the provisions of this title. En. March 21, 18(/. § 3091. Date, etc. A negotiable instrument may be with or without date, and with or without designation of the time or place of payment. En. March 21, 1872. Antedating: See post, sec. 3094. Time of payment: See post, sec. 3248. Place of payment: See sees. 3100, 3130, 3131, subd. 4. § 3092. May contain a pledge, etc. A negotiable in- strument may contain a pledge of coUatei-al security, with authority to dispose thereof. En. March 21, 1872. § 3093. What it must not contain. A negotiable instru- ment must not contain any other contract than such as is specified in this article. En. March 21, 1872. Cal.Rep.Cit. 64, 391; 68, 548; 82, 639; 131, 386; 133, 685. § 3094. Date. Any date may be inserted by the maker of a negotiable instrument, whether past, present, or future, and the instrument is not invalidated by nis death or incapacity at the time of the nominal date. En. March 21, 1872. § 3095. Different classes of negotiable instruments. There are six classes of negotiable instruments, namely: 1. Bills of exchange; 2. Promissory notes; 689 NEGOTIABLE INSTRUMENTS. §§ 3099-310> 3. Bank notes; 4. Checks; 5. Bonds; 6. Certificates of deposit. En. March 21, 1872. Cal.Rep.Cit. 64, 391; 77, 641; 130, 548. Bills of lading: Ante, see. 2127. Certificates of stopk are not negotiable instruments: See ante, sec. 324. Bills of exchange: See post, sees. 3171 et seq. Promissory notes: See post, sees. 3244 et seq. Bank notes: See post, sec. 3261. Checks: See post, sees. 3254 et seq. ARTICLE II. INTERPRETATION OF NEGOTIABLE INSTRUMENTS. § 3099. Time of payment. § 3100. Place of payment not specified. § 3101. Instruments payable to a person or his order, how con- strued. § 3102. Unindorsed note, when negotiable. § 3103. Fictitious payee. § 3104. Presumption of consideration. § 3099. Time of payment. A negotiable instrument which does not specify the time of payment is payable immediately. En. March 21, 1872. Cal.Rep.Cit. 130, 548. Time of payment: See ante, see. 3091. § 3100. Place of payment not specified. A negotiable instrument which does not specify a place of payment is payable at the residence or place of business of the maker, or wherever he may be found. En. March 21, 1872. Am'd. 1873-4, 262. Cal.Rep.Cit. 113, 24. Place of payment. — Where no place of payment is ex- pressed in a bill, the drawee's place of residence is understood: Post, sec. 3131, subd. 4. §3101. Instruments payable to a person or his order, how construed. An instrument, otherwise negotiable in form, payable to a person named, but with the words ddded, "or to his order," or "to bearer," or words equiva- lent thereto, is in the former ease payable to the writtno §§3102-3108 NEGOTIABLE INSTRUMENTS. 590 order of such person, and in the latter case paya'.:l8 to the bearer. En. March 21, 1872. Cal.Rep.Cit. 61, 347. §3102. Unindorsed note, when negotiable. A negotiable instrument, made payable to the order of the. maker, or of a fictitious person, if issued by the maker for a valid consideration, without indorsement, lias the same effect against him and all other persons having notice of the facts as if payable to the bearer. En. March 21, 1872. Cal.Rep.Cit. 54, 110. Fictitious payee: See next section. Payee generally: See ante, sec. 3089. § 3103. Fictitious payee. A negotiable instrument, made payable to the order of a person obviously fictitious, is payable to the bearer. En. March 21, 1872. § 3104. Presumption of consideration. The signature of every drawer, acceptor, and indorser of a negotiable instrument is presumed to have been made for a valuable consideration, before the maturity of the instrument, and in the ordinary course of business. En. March 21, 1872. Cal.Rep.Cit. 64, 413; 64, 415; 106, 655. ARTICLE III. INDORSEMENT. § 3108. Indorsement, what. § 3109. Agreement to indorse. I 3110. When may be made on separate paper. § 3111. Kinds of indorsement. I 3112. General indorsement, what. I 3113. Special indorsement, what. § 3114. General indorsement, how made special. § 3115. Destruction of negotiability by indorser. § 3116. Implied warranty of indorser. § 3117. Indorser, when liable to payee. § 3118. Indorsement without recourse. § 3119. Same. § 3120. Indorsee privy to contract. § 3121. Rights of accommodation indorser. (Repealed.) § 3122. Effect of want of consideration. § 3123. Indorsee in due course, what. § 3124. Rights of indorsee in due course. § 3125. Instrument left blank. § 3108. Indorsement, what. One who writes his name npon a negotiable instrument, otherwise than as a maker 591 NEGOTIABLE INSTRUMENTS. §§ 3109-3116 or acceptor, and delivers it with his name thereon, to another person, is called an indorser, and his act is called indorsement. En. March 21, 1872. Cal.Rep.Cit. 56,445; 62,487; 77,478; 87,617; 94,104; •106, 211; 123, 217. Indorser before delivery: See sec. 3117. § 3109. Agreement to indorse. One who agrees to in- dorse a negotiable instrument is bound to write his signa- ture upon the back of the instrument, if there is sufficient space thereon for that purpose. En. March 21, 1872. Cal.Rep.Cit. 87, 617. §3110. When may be made on separate paper. When there is not room for a signature upon the back of a negotiable instrument, a signature equivalent to an indorse- ment thereof may be made upon a paper annexed thereto. En. March 21, 1872. Cal.Rep.Cit. 87, 617 ; 126, 110. §3111. Kinds of indorsement. An indorsement may be general or special. En. March 21, 1872. §3112. General indorsement, wiiat. A general indorse- ment is one by which no indorsee is named. En. March 21, 1872. §3113. Special Indorsement, what. A special indorse- ment specifies the indorsee. En. March 21, 1872. §3114. General indorsement, how made special. A negotiable instrument bearing a general indorsement cannot be afterward specially indorsed; but any lawful holder may turn a general indorsement into a special one, by writing above it a direction for payment to a.particular person. En. March 21, 1872. §3115. Destruction of negotiability by indorser. A special indorsement may, by express words for that pur- pose, but not otherwise, be so made as to render the instrument not negotiable. En. March 21, 1872. §3116. Implied warranty of indorser. Every indorser of a negotiable instrument, unless his indorsement is qualified, warrants to every subsequent holder thereof, who is not liable thereon to him: 5§ 3117, 3118 NEGOTIABLE INSTRUMENTS. 692 1. That it is in all respects what it purports to be. 2. That he has a good title to it. 3. That the signatures of all prior parties are binding upon them. 4. That if the Instrument is dishonored, the indorser will, upon notice thereof duly given to him, or without notice, where it is excused by law, pay the same with interest, unless exonerated under the provisions of sections thirty-one hundred and eighty-nine, thirty-two hundred and thirteen, thirty-two hundred and forty-eight, or thirty-two hundred and fifty-five. Eh. March 21, 1872. Am'd. 1873-4, 263. Cal.Rep.Cit. 56, 445; 81. 510; 103, 324. Subd. 1—132, 482. Subd. 4—134, 242. Between the engagements of maker and acceptor and of drawer and indorser this distinction exists, that the con- tract of the maker and acceptor is absolute to pay at maturity, and no presentment is necessary to charge them: Post, sec. 3130; while the contract of the drawer and in- dorser is conditional, being contingent upon the true pre- sentment at matui'ity, and due notice in case it is not paid: Post, sees. 3141-3151; unless a suificient cause intervene excusing the holder from the performance of this duty: Post. sees. 3155-3160. Want or failure of consideration: See post, sec. 3122 and note. Acceptance of bill of exchange admits genuineness of drawer's signature: See post, sec. 3199. Drawer of bill of exchange on acceptance has rights of a first indorser: See post, sec. 3177. §3117. Ihdorser, when liable to payee. One who in- dorses a negotiable instrument before it is delivered to the payee is liable to the payee thereon, as an indorser. En. March 21, 1872. Cal.Rep.Cit. 62,487; 77,478; 87,617; 94, 104 ; 120, 689 ; 120, 690; 120, 691; 132, 482; 133, 576. Indorser defined: Sec. 3108. §3118. Indorsement, without recourse. An indorser may qualify his indorsement with the words, "without recourse," or equivalent words; and upon such indorse B93 NEGOTIABLE INSTRUMENTS. §§ 3119-3124 ment, he is responsible only to the same extent as in the case of a transfer without indorsement. En. March 21, 1872. §3119. Same. Except as otherwise prescribed by the last section, an indorsement, without recourse, has the same effect as any other indorsement. En. March 21, 1872. § 3120. Indorsee privy to contract. An indorsee of a negotiable instrument has the same rights against every prior party thereto that he would have had if the contract had been made directly between them in the first instance. En. March 21, 1872. Collateral security, etc.: Ante, sec. 2936. §3121. Rights of accommodation indorser. (Repealed). En. March 21, 1872. Rep. 1873-4, 263. §3122. Effect of want of consideration.- The want of consideration for the undertaking of a maker, acceptor, or indorser, of a negotiable instrument does not exonerate him from liability thereon to an indorsee in good faith for a consideration. En. March 21, 1872. Cal.Rep.Cit. 64, 413; S3, 175; 106, 655. Writing imports consideration: Sec. 1614. § 3123. Indorsee in due course, what. An indorsee in due course is one who, in good faith, in the ordinary course of business, and for value, before its apparent maturity or presumptive dishonor, and without knowledge of its actual dishonor, acquires a negotiable instrument duly indorsed to him, or indorsed generally, or payable to the bearer. En. March 21, 1872. Cal.Rep.Cit. 68, 548; 69, 144; 83, 175; 106, 655; 128, 320. Presumptive dishonor: See sec. 3133. Checks are an exception to the rule of "after maturity": Sec. 3255, subd. 2. § 3124. Rights of indorsee in due course. An indorsee of a negotiable instrument, in due course, acquires an absolute title thereto, so that it is valid in his hands, notwithstanding any provision of law making it generally void or voidable, and notwithstanding any defect in the §§ 3125-3131 NEGOTIABLE INSTRUMENTS. 594 title of the person from whom he acquired it. En. March 21, 1872. Cal.Rep.Clt. 69. 144; 106, 655; 128. 320. Assignment, effect f the board of super- visors of any county or city and county, within the ninety days next preceding the date of holding a general election, and within the seventy days next immediately following, including the day of holding such general election, to authorize or pass any ordinance, order, or resolution grant- ing to any person or persons, or association of persons, or corporation whatsoever, any privilege or franchise for the construction, extension, or operation of any street railroad, or extension of time for the construction or operation of any street railroad, over or upon any or part of any street, road, highway, squares, or park within the county or city and county. Sec. 2. Any franchise or privilege granted, or attempted to be granted, in violation of, or contrary to, the provisions of this act shall be absolutely void and of no effect. Sec. 3. All acts or parts of acts in conflict with this act are hereby repealed. Sec. 4. This act shall take effect and be in force from and after its passage. Compare in connection with this act the act of 1901, p. 265. An act requiring city, city and county, or town authorities to exact and require from persons or corporations seeking permission and authority to lay railroad tracks through streets or public highways of any incorporated city, city and county, or town, a satisfactory promise and undertaking to permit and allow mail carriers in the employ of the United States government at all times, while engaged in the actual discharge of duty, to ride on the cars of such railroad without paying fare; and to make such promise and undertaking a condition precedent to the granting of such permission and authority by such governing board. [Approved February 27, 1893; Stats. 1893, 44.] 774 APPENDIX. Section 1. In all cases hereafter, where application Is made to the city, city and county, or town authorities, or to the trustees, council, or other body to whom is intrusted the government of the city, city and county, or town, for permission and authority to lay railroad tracks through streets or public highways of any incorporated city, city and county, or town, such authorities, before grant- ing such permission and authority, in addition to the terms and restrictions which they are now, by law, author- ized to impose, must exact and require from the persons or corporation asiving or seeking such permission and authority, a satisfactory promise and undertaking to permit and allow mail carriers in the employ of the United States government, at all times while engaged in the actual dis- charge of duty, to ride on the cars of such railroad without paying any sum of money whatever for fare or otherwise. And such governing body of city, city and county, or town authorities must make such promise and undertaking on the part of such persons or corporations a condition precedent to the granting of such permission and authority to lay railroad tracks through streets or public highways of such city, city and county, or town; provided, that all such permissions and franchises shall be subject to all other provisions of the laws of this state applicable to street railroads in general, and subject to regulations from city, city and county, and town authori- ties. Sec. 2. This act shall take effect and be in tull force from and after its passage. TAXATION. An act imposing a tax on the issue of certificates of stock corporations. [Approved April 1, 1878; 1877-8, 955. Repealed 1897, 243.] TELEGRAPH COMPANIES. ^ct granting franchise for telegraph company between Asia and America: See Stats. 1871-2, 97. TRADEMARKS. 775 TRADEMARKS. An act to protect the owners of bottles, boxes, siphono, and kegs used in the sale of soda waters, mineral or aerated waters, porter, ale, cider, ginger ale, milk, cream, small beer, lager beer, weiss beer, beer, white beer, or other beverages. [Approved March 31, 1891; Stats. 1891, 217. Amended 1903, 83.] § 1. Description to be filed with county clerk. § 2. Unlawful acts. § 3. Use presumptively unlawful. I 4. Issue of search-warrants — Punishment, § 5. Deposit not to be deemed a sale. § 6. Refiling of marks not required.. Section 1. Any and all persons engaged in manufactur- ing, bottling, or selling soda waters, mineral or aerated waters, porter, ale, beer, cider, ginger ale, milk, cream, small beer, lager beer, weiss beer, white beer, or other beverages in bottles, siphons, or kegs, with his, her, its, or their name or names, or other marks or devices branded, stamped,, engraved, etched, and blown, impressed, or otherwise produced upon such bottles, siphons, or kegs, or the boxes used by him, her, it, or them, may file in the oflBce of the clerk of the county in which his, her, its, or their principal place of business is situated, and also in the office of the secretary of state, a description of the name or names, marks or devices, so used by him, her, it, or them, respectively, and cause such description to be printed once in each week for three weeks successively, in a newspaper published in the county in which said notice may have been filed as aforesaid. Sec. 2. It is hereby declared to be unlawful for any person or persons, corporation or corporations, to fill with soda waters, mineral or aerated waters, porter, ale, cider, ginger ale, milk, cream, beer, small beer, lager beer, weiss beer, white beer, or other beverages, or with medicine, compounds, or mixtures, any bottle, box, siphon, or keg, so marked or distinguished, as aforesaid, with or by any name, mark, or device, of which a description shall have been filed and published, as provided in section one of this act, or deface, erase, obliterate, cover up, or otherwise remove or conceal any such name, mark or device thereon, or to sell, buy, give, take, or otherwise dispose of or traflic in the same, without the written consent of, or unless the 776 APPENDIX. same shall have been purchased from the person or per- sons, corporation or corporations, wliose mark or device shall be or shall have been in or upon the bottle, box, siphon, or keg so filled, trafficked in, used, or handled as aforesaid. Any person or persons or corporation offending against the provisions of this section shall be deemed guilty of a misdemeanor, and shall be punished for the first offense by imprisonment not less than ten days nor more than six months, or by a fine of fifty cents for eacli and every such bottle, box, siphon, or keg so filled, sold, used, disposed of, bought, or trafficked in, or by both such tine and imprisonment; and for each subsequent offense by imprisonment not less than twenty days nor more than one year, or by a fine of not less than one dollar nor more than five dollars, for each and every bottle, box, siphon, and keg so filled, sold, used, disposed of, bought or trafficked in, or by both such fine and imprisonment, in the discretion of the magistrate before w^hom the offense shall be tried. Sec. 3. The use by any person other than the person or persons, corporation or corporations, whose device, name or mark shall be or shall have been upon the same, without such written consent or purchase, as aforesaid, of any such mark or distinguished bottle, box, siphon, or keg, a description of the name, mark, or device whereon shall have been filed and published, as herein provided, for the sale therein of soda waters, mineral or aerated waters, porter, ale, cider, ginger ale, milk, cream, beer, small beer, lager beer, weiss beer, white beer, or other beverages, or any article of merchandise, medicines, compounds, or preparations, or for the furnishing of such or similar beverages to customers, or the buying, selling, using, dis- posing of, or trafficking in of any such bottles, boxes, siphons, or kegs, by any person other than said persons or corporations having a name, mark, or device thereon, or such owner without such written consent, or the having by any junk dealer, or dealer in second-hand articles, pos- session of any such bottles, boxes, siphons, or kegs, a description of the marks, names, or devices wherein shall have been so filed and published as aforesaid, without such written consent, shall and is hereby declared to be pre- sumptive evidence of the said unlawful use, purchase, or traffic in of such bottles, boxes, siphons, or kegs. TRADEMARKS. 777 Sec. 4. Whenever any person, persons, or corporations, mentioned in section one of this act, or his, her, its, or their agent, shall make oath before any magistrate that he, she, or it has reason to believe, and does believe, that any of his, her, or their bottles, boxes, siphons or kegs, a description of the names, marks, or devices whereon has been so filed and published, as aforesaid, are being unlawfully used or filled, or had by any person or corporation manufacturing or selling soda, mineral, or aerated waters, porter, ale, cider, ginger ale, milk, cream, small beer, lager beer, weiss beer, white beer, and other beverages, or that any junk dealer, or dealer in second-hand articles, vender of bottles, or any other person or corporation, has any such bottles, boxes, siphons, or kegs, in his, her, or its posses- sion, or secreted in any place, the said magistrate must thereupon Issue a search-warrant to discover and obtain the same, and may also cause to be brought before him the person In whose possession such bottles, boxes, siphons, or kegs may be found, and then inquire into the circum- stances of such possession; and if said magistrate finds that such person has been guilty of a violation of section two of this act, he must impose the punishment therein prescribed, and he shall also award possession of the prop- erty taken upon such search-warrant to the owner thereof. Sec. 5. The requiring, taking or accepting of any de- posit for any purpose, upon any bottle, box, siphon, or keg shall not be deemed or constitute a sale of such property, either optional or otherwise, in any proceeding under this act. [Amendment approved March 5, 1903; 1903, 83. In effect immediately.] Sec. 6. Any person or persons, corporation or corpora- tions, that has or have heretofore filed in the offices men- tioned in section one of this act a description of the name or names, marks or devices, upon his, her, their, or its property therein mentioned, and has caused the same to be published according to the laws existing at the time of such filing and publication, shall not be required to again file and publish such description to be entitled to the benefits of this act; and any person or persons, cor- poration or corporations, having complied with the provisions of this act may as a part of the sale, assign- ment or transfer of all his, her, their or its said bottles. 778 APPENDIX. boxes, siphons, or kegs, used as aforesaid, with his, her, their or its name or names or other marks or devices, branded, stamped, engraved, etched, and blown, impressed or otherwise produced upon such bottles, boxes, siphons and kegs, to any other person or persons, corporation or corporations, engaged in manufacturing, bottling, or selling soda waters, mineral or aerated waters, porter, q,le, beer, cider, ginger ale, milk, cream, small beer, lager beer, weiss beer, white beer or other beverages, sell, assign, and transfer the sole and exclusive right of using said name or names, marks and devices in said business. And in the event of such sale, transfer or assignment as aforesaid, or in the event of the transfer by operation of law or by sale under order of any court of the entire business of such person or persons, corporation or corporations, or of the entire stock of bottles, boxes, siphons or kegs belonging to them, him, her or it, to any person or persons, corpora- tion or corporations, engaged in manufacturing, bottling or selling soda waters, mineral or aerated waters, porter, ale, beer, cider, ginger ale, milk, cream, small beer, lager beer, weiss beer, white beer or other beverages, such person or persons, corporation or corporations, shall not be again required to file and publish a description of said name or names, marks or devices, hereunder, but shall be en- titled to all the benefits of this act immediately upon ac- quiring such bottles, boxes, siphons or kegs or such business as aforesaid. [Amendment approved March 5, 1903; 1903, 83. In effect immediately.] Sec. 7. All acts and parts of acts inconsistent here- with are, for the purposes of this act, hereby repealed. UNINCORPORATED SOCIETIES. See ante, title Co-operative Associations. WAREHOUSES AND WHARFINGERS. An act in relation to warehouse and wharfinger receipts, and other matters pertaining thereto. [Approved April 1, 1878; 1877-8, 949.] S 1. Issuance of receipts for goods. § 2. Issuing of receipt upon goods as security. § 3. Second receipts. Issuance of. WAREHOUSES AND ;WHARFINGERS. 779 8 4. Removal of goods when receipt issued. § 5. Receipts classed. § 6. Receipts to be indorsed. § 7. No delivery except on order. § 8. Non-negotiable receipts, how marked. § "9. Loss by fire. § 10. Felony. Issuance of receipt for goods. Section 1. That no warehouseman, wharfinger, or other person doing a storage business, shall issue any receipt or voucher for any goods, wares, merchandise, grain, or other produce or commodity, to any person or persons pur- porting to be the owner or owners thereof, unless such goods, wares, merchandise, grain, or other produce or com- modity, shall have been bona fide received into store by such warehouseman, wharfinger, or other person, and shall be in store and under his control at the time of is- suing siich receipt. Issuing of receipt upon goods as security for money loaned. Sec. 2. That no warehouseman, wharfinger, or other person engaged in the storage business shall issue any receipt or other voucher upon any goods, wares, merchan- dise, grain, or other produce or commodity, to any person or persons, as security for any money loaned, or other in- debtedness, unless such goods, wares, merchandise, grain, or other produce or commodity, shall be, at the time of issuing such receipt, the property of such warehouseman, wharfinger, or other person, shall be in store and under control at the time of issuing such receipt or voucher as aforesaid. Second receipts not to be issued, except, etc. Sec. 3. That no warehouseman, wharfinger, or other person as aforesaid, shall issue any second receipt for any goods, wares, merchandise, grain, or other produce or commodity, while any former receipt for any such goods or chattels as aforesaid, or any part thereof, shall be out- standing and uncanceled. Removal of goods when receipt is issued. Sec. 4. That no warehouseman, wharfinger, or other person as aforesaid, shall sell or incumber, ship, transfer, or in any manner remove beyond his immediate control, any goods, wares, merchandise, grain, or other produce 7S0 APPENDIX. or commodity for which a receipt shall have beeu given as aforesaid, without the written assent of the person or per- sons holding such receipt or receipts plainly indorsed thereon in ink. Receipts classed. Sec. 5. Warehouse receipts for property stored shall be of two classes: 1. Transferable or negotiable; and, 2. Nontransferable or non-negotiable. Under the first or these classes, all property shall be transferable by the indorse- ment of the party to whose order such receipt may be issued, and such indorsement of the party shall be deemed a valid transfer of the property represented by such re- ceipt, and may be in blank or to the order of another. All warehouse receipts for property stored shall distinctly state on their face for what they are issued, as also the brands and distinguishing marks; and in the -case of grain, the number of sacks, and number of pounds, and kind of grain; also the rate of storage per month or sea- son charged for storing the same. Receipt to be indorsed. Sec. 6. No warehouseman, or other person or persons, giving or issuing negotiable receipts for goods, grain, or other property on storage, shall deliver said property, or any part thereof, without indorsing upon the back of said receipt or receipts, in ink, the amount and date of the deliveries. Nor shall he or they be allowed to make any offset, claim, or demand other than is expressed on the face of the receipt or receipts issued for the same, when called upon to deliver said goods, merchandise, grain, or other property. No delivery except on order. Sec. 7. No warehouseman, ,or person or persons doing a general storage business, giving or issuing non-negoti- able or nontransferable receipts for goods, grain, or other property on storage, shall deliver said property, or any part thereof, except upon the written order of ine person or persons to whom the receipt or receipts were issued. Non-negotiable receipts, how marked. Sec. 8. All receipts issued by any warehouseman or other person under this act, other than negotiable, shall have printed across their face, in bold, distinct letters, in red ink, the words "non-negotiable." WATER COMPANIES. 781 Loss by fire. Sec. 9. No warehouseman, person or persons doing a general storage business, shall be responsible for any loss or damage to property by fire while in his or their custody, provided reasonable care and vigilance be exercised to pro- tect and preserve the same. Felony. Sec. 10. Any warehouseman, wharfinger, person or per- sons, who shall violate any of the foregoing provisions of this act, is guilty of felony, shall be subject to indictment, and upon conviction, shall be fined in a sum not exceeding five thousand dollars ($5,000), or imprisonment in the state prison of this state not exceeding five years, or both. And all and every person aggrieved by the violation of any of the provisions of this act may have and maintain an action against the person or persons violating any of the foregoing provisions of this act, to recover all damages, immediate or consequent, which he or they may have sus- tained by reason of any such violation as aforesaid, before any court of competent jurisdiction, whether such person shall have been convicted under the act or not. WATER COMPANIES. Irrigation: See General Laws, title Irrigation. An act to regulate and control the sale, rental, and dis- tribution of appropriated water in this state, other than in any city, city and county, or town therein, and to secure the rights of way for the conveyance of ' such water to the places of use. [Approved March 12, 1885; 1885, 95; 1897, 49; 1901, 80.] § 1. Use of appropriated public water. § 2. Supervisors may fix rates. § 3. Petition for fixing rates. § 4. Hearing of petition — Value of waterworks. § 5. Rules to be observed in fixing rates. § 6. Changing rates. § 7. Record of rates to be published. § 8. Water to be furnished at rates fixed. § 9. Penalty for excessive charges. § 10. To sell to all persons. § 11. Condemning land for right of way. § 111^. Contracts in existence, how affected. Use of appropriated water public. Section 1. The use of all water now appropriated, or 782 APPENDIX. that maj'^ hereafter be appropriated, for irrigation, sale, rental, or distribution, is a public use, and the right to collect rates or compensation for use of such water is a franchise, and except when so furnished to any city, city and county, or town, or the inhabitants thereof, shall be regulated and controlled in the counties of this state by the several boards of supervisors thereof, in the manner prescribed in this act. Supervisors may fix rates. Sec. 2. The several boards of supervisors of this state, on petition and notice as provided in section three of this act, are hereby authorized and required to fix and regu- late the maximum rates at which any person, company, association, or corporation, having or to have appropriated water for sale, rental, or distribution in each of such coun- ties, may and shall sell, rent, or distribute the same. Petition for fixing rates. Sec. 3. Whenever a petition of not less than twenty- five inhabitants, who are tax-payers of any county of this state, shall, in writing, petition the board of supervisors thereof, to be filed with the clerk of said board, to regu- late and control the rates and compensation to be col- lected by any person, company, association, or corporation, for the sale, I'ental, or distribution of any appropriated water, to any of the inhabitants of such county, and shall in such petition specify the persons, companies, associa- tions, or corporations, or any one or more of them, whose water rates are therein petitioned to be regulated or controlled, the clerk of such board shall immediately cause such petition, together with a notice of the time and place of hearing thereof, to be published in one or more newspapers published in such county; and if no news- paper be published therein, then shall cause copies of such petition and notice to be posted in not less than three public places in such counties, and such publication and notice shall be for not less than four weeks next be- fore the hearing of said petition by said board; such no- tice to be attached to said petition shall specify a day of the next regular term of the session of the said board not less than thirty days after the first publication or posting thereof, for the hearing of said petition, which I "WATER COMPANIES. 733 shall impart notice to all such persons, companies, asso- ciations, and corporations mentioned in such petition, and all persons interested in the matters of such petition and notice. Such board may also cause citations to issue to any person or persons within such county to attend and give evidence at the hearing of such petition, and may compel such attendance by attachment. Hearing of petition — Value of water-works. Sec. 4. At the hearing of said petition the board of supervisors shall estimate, as near as may be, the value of the canals, ditches, flumes, water-chutes, and all other property actually used and useful to the appropriation and furnishing of such water, belonging to and possessed by each person, association, company, or corporation, whose franchise shall be so regulated and controlled; and shall in like manner estimate as to each of such persons, com- panies, associations, and corporations, their annual rea- sonable expenses, including the cost of repairs, manage- ment, and operating such works; and, for the purpose of such ascertainment, may require the attendance of per- sons to give evidence, and the production of papers, books, and accounts, and may compel the attendance of such persons and the production of papers, books, and ac- counts, by attachments, if within their respective counties. Rules to be observed in fixing rates. Sec. 5. In the regulation and control of such water rates for each of such persons, companies, associations, • and corporations, such board of supervisors may establish different rates at which water may and shall be sold, rented, or distributed, as the case may be; and may also establish different rates and compensation for such water so to be furnished for the several different uses, such as mining, irrigating, mechanical, manufacturing, and do- mestic, for which such water shall be supplied to such inhabitants, but such rates as to each class shall be equal and uniform. Said board of supervisors, in fixing such rates, shall, as near as may be, so adjust them that the net annual receipts and profits thereof to the said persons, companies, associations, and corporations so furnishing such water to such inhabitants shall be not less than six nor more than eighteen per cent upon the said value of the canals, ditches, flumes, chutes, and all other property 784 APPENDIX. actually used and useful to the appropriation and furnish- ing of such water of each of such persons, companies, associations, and corporations; but in estimating such net receipts and profits, the cost of any extensions, enlarge- ments, or other permanent improvements of such water rights or water-works shall not be included as part of the said expenses of management, repairs, and operating of such works, but when accomplished, may and shall be in- cluded in the present cost and cash value of such work. In fixing said rates, within the limits aforesaid, at which water shall be so furnished as to each of such persons, companies, associations, and corporations, each of said board of supervisors may likewise take into estimation any and all other facts, circumstances, and conditions per- tinent thereto, to the end and purpose that said rates shall be equal, reasonable and just, both to such persons, companies, associations, and corporations, and to said in- habitants; and each such board of supervisors shall desig- nate what proportion of the rates so fixed shall be for the said annual reasonable expenses of each of such persons, companies, associations or corporations, and what propor- tion of the rates so fixed shall be for the said net annual receipts and profits to such persons, companies, associa- tions or coi'porations. The said rates, when so tixed by such board, shall be binding and conclusive for not less than one year next after their establishment, and until established anew or abrogated by such board of super- Visors, as hereinafter provided. And until such rates shall be so established or after they shall have been abrogated by such board of supervisors, as in this act provided, the actual rates established and collected by each of the persons, companies, associations, and corpora- tions now furnishing, or that shall hereafter furnish, ap- propriated waters for sale, rental, or distribution to the inhabitants of any of the counties of this state, shall be deemed and accepted as the legally established rates thereof. [Amendment approved February 28, 1901; Stats. 1901, p. 80.] Changing rates. Sec. 6. At any time after the establishment of such water rates by any board of supervisors of this state, the same may be established anew, or abrogated in whole or WATER COMPANIES. 785 In part by such board, to take effect not less than one year next after such first establishment, but subject to said limitation of one year, to take effect immediately in the following manner: Upon the written petition of in- habitants as hereinbefore provided, or upon the written petition of any of the persons, companies, associations or corporations, the rates and compensations of whose ap- propriated waters have already been fixed and regulated, and are still subject to such regulation by any board of supervisors of this state, as in this act provided; and upon the like publication or posting of such petition and notice, and for the like period of time as hereinbefore provided, such board of supervisors shall proceed anew, in the manner hereinbefore provided, to fix and establish the water rates for such person, company, association, or corporation, or any number of them, in the same manner as if such rates had not been previously established, and may, upon the petition of such inhabitants, but not other- wise, abrogate any and all existing rates theretofore estab- lished by such board. All water rates, when fixed and established as herein provided shall be in force and effect until established anew or abi'ogated, as provided in this act. Record of rates to be published. Sec. 7. Each board of supervisors of this state, when fixing and establishing, or fixing and establishing anew, or abolishing any previously established water rates, as hereinbefore provided, shall cause a record to be made thereof in the records of such board, and cause the same to be published or posted in the manner and for the time required for the publication or posting of said peti- tions and notices. Water to be furnished at rates fixed. Sec. 8. Any and all persons, companies, associations, or corporations, furnishing for sale, rental, or distribu- tion, any appropriated waters to the inhabitants of any county or counties of this state (other than to the in- habitants of any city, city and county, or town, therein), shall so sell, rent, or distribute such waters at rates not exceeding the established rates fixed and regulated there- for by the boards of supervisors of such counties, or as 786 APPENDIX. fixed and established by such person, company, association, or corporation, as provided in this act. Penalty for excessive charges. Sec. 9. If any person, company, association, or cor- poration, whose water rates for any county of this state have been fixed and regulated by a board of supervisors, as in this act provided, and while such rates are in force, shall collect, for any appropriated water, furnished to any inhabitant of such county water rates in excess of such established rates, shall be liable, in an action by any such inhabitant so aggrieved, to a recovery of the whole rate so collected, together with actual damages sustained by such inhabitant, with costs of suit. To sell to all persons. Sec. 10. Every person, company, association, and cor- poration, having in any county in the state (other than in any city, city and county, or town therein) appropriated waters for sale, rental, or distribution, to the inhabitants of such county, upon demand therefor, and tender in money of such established water rates, shall be obliged to sell, rent, or distribute such water to such inhabitants at the established rates regulated and fixed therefor, as in this act provided, whether so fixed by the board of supervisors or otherwise, to the extent of the actual sup- ply of such appropriated waters of such person, company, association, or corporation, for such purposes. If any person, company, association, or corporation, having water for such use, shall refuse compliance with such demand, or shall neglect, for the period of five days after such demand, to comply therewith to the extent of his or its rea- sonable ability so to do, shall be liable in damages to the extent of the actual injury sustained by the person or party making such demand and tender, to be recovered, with costs. Condemning land for right of way. Sec. 11. Whenever any person, company, association, or corporation shall have acquired the right to appro- priate water, or shall have acquired the right to appro- priate such water in this state, such person, company, as- sociation, or corporation, may proceed to condemn the lands and premises necessary to such right of way, under WATKR COMPANIES. 787 the provisions of title VII of part III of the Code of Civil Procedure of this state, and amendments made and to be made thereto, and all the provisions of said code, so far as the same can be made applicable, relating to the con- demnation and taking of property for public uses, shall be applicable to the provisions of this act. Contracts in existence, how affected. Sec. 11%. Nothing in this act contained shall be con- strued to prohibit or invalidate any contract already made, or which shall hereafter be made, by or with any of the persons, companies, associations, or corporations described in section two of this act, relating to the sale, rental, or distribution of water, or to the sale or rental of ease- ments and servitudes of the right to the flow and use of water; nor to prohibit or interfere with the vesting of rights under any such contract. [New section, added March 2, 1897; Stats. 1897, 49.] Sec. 12. This act shall take effect and be in force from and after its passage. An act authorizing the boards of supervisors of the coun- ties in which water is sold for the purpose of irriga- tion to fix the rates at which water shall be sold. [Approved March 26, 1880; 1880, 16 (Ban. ed. 59).] § 1. Supervisors to fix rates. § 2. Forfeiture of franchise. § 3. Action to enforce forfeiture. § 4. To compel performance of duties of supervisors. § 5. Control of use of water prohibited. Supervisors to fix rates. Section 1. ^ The boards of supervisors of the several counties of this state in which water is appropriated, furnished, and sold principally for the purposes of irriga- tion, are hereby authorized and required to fix the max- imum rates at which such water shall be furnished and sold, at a meeting to be held in the month of February of each year; provided, that in the year eighteen hundred and eighty sucb rates shall be fixed at the first meeting after the passage of this act. The rates so fixed and estab- lished shall be in force from and after the first day of July, after the date of fixing said rates, and shall con- tinue in force for the period of one year; provided, that 7SS APPENDIX. nothing in this section shall apply to water furnished within the limits of any incorporated city and county, city, or town. Forfeiture of franchise. Sec. 2. Any person, company, or corporation collecting rates for water furnished for irrigation in any county in this state in excess of the rates as provided in section one of this act shall forfeit for the public use the franchise and water-works of such person, company, or corporation to the county in which such excessive rates were charged. Action to enforce forfeiture. Sec. 3. Upon aflidavit being made by any interested party, setting forth that any such company, person, or corporation has charged rates for water furnished for irri- gating purposes in excess of the rates established by the board of supervisors, the said board of supervisors shall cause the district attorney to commence an action in the superior court of the county, within thirty days from the receipt by them of such affidavit, to enforce the forfeiture of the franchise and water-works of such person, company, or corporation. To conapel the performance of the duties of supervisors. Sec. 4. If the board of supervisors fail or neglect to fix the rates, as provided in section one of this act, or if the board of supervisors fail or neglect to commence the action provided for in section three of this act, as therein pro- vided, any interested person may commence proceedings to compel the performance of such duties. Control of use of water prohibited. Sec. 5. No person, company, or corporation selling water for irrigation shall be permitted to exercise any control as to the use of the water after its delivei-y to the purchaser. Sec. 6. This act shall take effect immediately. Compare the act of 1885, 95, amended 1897, 49; 1901, 80, to regulate and control sale, rental, distribution, etc., of water, set forth in full, ante. INDEX. ABANDONMENT, child abandoned, adoption of, § 224. Child, by father, custody on, § 197. Child, of, what deemed to be, § 224. Child, parent presumed to relinquish on, § 211. Homestead, abandoned how, §§ 1243, 1244. Husband, of, by wife, support, § 175. Marine insurance, in, §§ 2716-2732. Notice not necessary on actual total loss, § 2709. Parent by child, parent not liable for support, § 208. Shipmaster's authority terminated by, § 2381. Ship, of, by master, §§ 2040, 2041. Thing abandoned voluntarily, § 1872. Water, of appropriation of, § 1411. ABATEMENT, legacies, of, § 1362. Nuisance, of, §§ 3484-3503. ABDUCTION, in general, § 49. ACCEPTANCE, accord of, § 1523. Benefit of transaction, of, § 1589. Of guaranty, notice when necessary, § 2795. Of principal, waives interest, when, § 3290. Of rent, renews lea^e, when, § 1945. Partial performance, of, § 1741. See Contract; Negotiable Instrument, etc. ACCESSION, increase of thing belongs to hirer, § 1926. Ownership of, §§ 732, 1025. Personalty, to, by uniting several different things, § 1025. Personalty, to, increase of thing pledged, § 2989. Personalty, to, inseparable materials, § 1029. Personaltj', to, materials of several owners, § 1030. Personalty, to, owner may elect between thing and its value, § 1032. Personalty, to, principal part is what, §§ 1026, 1027. Personalty, to, uniting materials and workmanship, § 1028. Personalty, to, willful trespassers, § 1031. Personalty, to, wrongdoer liable in damages, § 1033. 790 ACCESSION— ACCUMULATIONS. Products of thing belong to hirer, § 1926. Property may be acquired by, § 1000. Realty, to, alluvion, § 1014. Realty, to, avulsion, § 1015. Realty, to, fixtures, § 1013. Realty, to, fixtures removable by tenant, § 1019. Realty, island formed by division of stream, § 1018. Realty, to, island in navigable stream, § 1016. Realty, to, island in unnavigable stream, § 1017. Realty, to, islands, §§ 1016-1018. Realty, to, sudden removal of bank, § 1015. ACCESSORY, lien is, § 2909. Transfer of principal thing passes, §§ 1084, 3540. ACCIDENT, deposit by, to be accepted, § 1816. Disregarding erroneous parts of writing, § 1640. Trust arising from, § 2224. See Mistake. ACCIDENT INSURANCE: See Insurance. ACCORD AND SATISFACTION. Acceptance of considera- tion extinguishes obligation, § 1523. Accord defined, § 1521. Accord, effect of, § 1522. Satisfaction defined, § 1523. Satisfaction, part performance in, § 1524. ACCOUNT, assignee for creditors may be required to, § 3469. Employee's duty to, §§ 1986, 2014. Of voluntary interferer with property, § 2078. Partner must, for profits of adverse business, § 2438. Partner's mutual liability to, § 2412. Servant, by, g§ 2014, 1986. Trustee, requiring to, § 2237. ACCRETION: See Accession. ACCUMULATIONS. Directions for longer term than mi- nority, effect of, § 725. Directions for, to be for benefit of minors in being, § 724. Directions for, when void in part, § 725. Directions for, void unless allowed by code, § 723. Express trust to accumulate rents and profits, § 857. Income, dispositions of, code provisions governing, § 722. ACCUMULATIONS — ACKNOWLEDGMENTS. 791 Incomo when directed to suppoi't of minor, § 726. Time of commencement of, and termination of, § 724. ACKNOWLEDGMENTS, act curing defects in, § 1207. Action to secure, § 1203. Apprenticeship contract, § 275. Articles of incorporation, § 292. Assignment for creditors, §§ 3458, 3459. Certificate of, by attorney in fact, form of, § 1192. Certificate of, defective, action to correct, § 1202. Certificate to be indorsed on, § 1188. Contempt, officer taking, may punish for, § 1201. Conveyances made before code, §§ 1205, 1206. Corporation, acknowledgment of instrument executed by, § 1161. Corporation, form of acknowledgment by, § 1190. Corporation, prerequisites to taking, § 1185. Correcting defective certificate of, action for, § 1202. Correction of, acts legalizing defective acknowledg- ments, p. 665. Declaration of marriage, §§ 77, 79 1/^. Deputy may take, § 1184. Foreign, certificate of clerk to, § 1189. Foreign, form of, § 1189. Foreign, who may take, §§ 1182, 1183. Form of certificate of, by attorney in fact, § 1192. Form of, foreign, § 1189. Form of, general, § 1189. Homestead conveyance or incumbrance, § 1242. Homestead, of declaration of abandonment, § 1243. Homestead selection, §§ 1262, 1266. Illegitimate child, acknowledgment of, § 1387. Indorsement of certificate on, § 1188. Inventory of wife's property, § 165. Justice of peace, certificate of, authority of, § 1194. Marriage, declaration of, § 77. Marriage settlement, §§ 178-180. Married woman's conveyance, § 1187. Married woman's deed, § 1093. Married woman's power of attorney, § 1094. Mortgages, acknowledgment of, § 2952. Oaths, officer taking, may administer, § 1201. Officers taking, have what authority, § 1201. 792 ACKNOWLEDGMENTS— ADOPTION. Partnership, certificate of, § 2480. Power of attorney and revocation thereof, § 1216. Prerequisites to taking, § 1185. Proof of execution of instruments not acknowledged, § 1195. Proof of instrument, action and judgment for, §§ 1203, 1204. Recorded without, what instruments cannot be, § 1161. Recorded without, what instruments may be, §§ 1159, 1160. Requisites for, § 1185. Seals, when officers must affix, § 1193. Signatures, officers must affix, § 1193. Subpoenas, officer taking, may issue, § 1201. What law governs where executed before code, §§ 1205, 1206. Who may take, §§ 1180-1184. Who may take without the state, § 1182. Who may take without the United States, § 1183. Wine sale, of, § 3440. ACQUIESCENCE removes objections, § 3510. ACTION. Action lies to obtain judgment proving instru- ment, § 1203. Pending, not affected by code, § 6. See subject in question. ACT OF GOD, carrier's liability relieved by, § 2194. Performance of obligation excused by, § 1511. ADEMPTION, advancement or gift, when only an, § 1351. ADJOURNMENT, corporate election, § 314. Corporate meeting, § 312. ADMINISTRATOR: See Executor and Administrator. ADMIRALTY: See Shipping. ADOPTION. Abandoned child, consent not necessary, § 224. Abandonment of child, what deemed to be, § 224. Adopting parent to be ten years older, § 222. Any minor child may be adopted, § 221. Consent, abandonment of child, not necessary, § 224. Consent, abandonment of child, what deemed to be, § 224. Consent, necessity of, § 224. ADOPTION — AFFIDAVIT. 793 Consent of child over twelve necessary, § 225. Consent of husband or wife, § 223. Consent of mother of illegitimate, § 224. Consent of nonresidents, §§ 224, 226. Consent of parents, § 224. Consent of parents, when not required, § 224. Contract of, how entered into, §§ 226, 227. Effect of, rights and duties of parties, §§ 227, 228. Effect on parents of child, § 229. Illegitimate child, adoption of, § 230. In general, § 221. Name, family, adopted child may take, § 228. Nonresidents, consent of, § 226. One spouse cannot adopt without consent of other, § 223. Order of, § 227. Orphan asylum, from, § 224. Petition for, § 226. Proceedings on, §§ 226, 227. Who may adopt, §§ 221, 222. ADULT, who is an, § 27. Compensation for support of adult child, § 210. ADULTERY defined, .§ 93. Divorce, as ground for, § 92. ADVANCEMENT, child, to, effect of, § 1309. Death of heir advanced to before decedent, § 1399. Less or greater than share, effect of, § 1396. Must be taken toward share in intestate's property, § 1395. Valuation of by decedent binding, § 1398. Value of, determined how, § 1398. What are, § 1397. When only deemed ademption, § 1351. When too much, or too little, § 1396. ADVERSE POSSESSION confers title, § 1007. In general, § 1007. , Owner of property in, may transfer, § 1047. Property adversely held may be mortgaged, § 2921. AFFIDAVIT, as to sums contributed by special partners, § 2481. Assignment for creditors, truth of inventory, § 3462. Civ. Code — 34 794 AFFIDAVIT — AGENCY. Corporation, on filing articles of, § 295. Mining claims, showing work or posting notices on may be recorded, § 1159. Partnership, fictitious name, affidavit of publication, § 2471. Partnership, of notice of special, § 2484. Publication of notice of assessment, affidavits of, § 348. Stock, of publication of notice for sale of delinquent, § 348. Subscription to stock, and payment of ten per cent, affidavit as to, § 295. Transfer of stock by non-resident, affidavit on, § 326. AFFIRMATIONS, officer authorized to take proof of in- strument may administer, § 1201. AFTER-ACQUIRED PROPERTY, passes by will, § 1312. AFTER-ACQUIRED TITLE, conveyance passes, § 1106. Inures to mortgagee, § 2930. AGE, majority, age of. See Majority. AGENCY, acts that may be done through agent, §§ 2304, 2305. Actual authority defined, §§ 2316, 2318, Actual authority of factor, § 236S. Actual authority, agent not to exceed, § 2019. Actual authority, extent of, § 2318. Actual, defined, § 2299. Actual or ostensible, agency is, § 2298. . Agent, any one may appoint, having capacity to con- tract, § 2296. Agent, defined, § 2295. Agent must keep principal informed, § 2020. Agent not having authority to contract, § 2345. Agent not to act in own name, § 2322. Agent, rights of person dealing with, without knowl- edge of agency, § 2336. Agent's liability to third persons, § 2343. ' Agent's obligation to surrender property to third per- son, § 2344. Agent to conform to authority, § 2019. Agent under legal disability, § 2345. Agent warrants his authority, § 2342. AGENCY. 795 Agent, who may be, § 2296. All rights and liabilities accruing to agent accrue to principal, § 2331. Attorney in fact, conveyances by, how executed, § 1095. Auctioneers: See Auctions. Authority, acts within actual or ostensible bind, § 2330. Authority, agent cannot have to defraud principal, § 2306. Authority, agent's necessary, § 2319. Authority, agent warrants his, § 2342. Authority, construction of what partly general and partly specific, § 2321. Authority construed by its specific terms, not by gen- eral, § 2321. Authority, damages for breach of warranty of, § 3318. Authority, exceptions to a general, § 2322. Authority, how may be conferred, § 2307. Authority, incomplete execution of binds principal, when, § 2331. Authority, instrument intended to bind principal does bind him, § 2337. Authority of agent as to persons with notice of re- strictions on, § 2318. Authority of agent, implied, § 2319. Authority of agent, measure of, §§ 2315, 2318. Authority, oral authorization, sufficiency of, § 2309. Authority, representations, power to make, § 2319. Authority, scope of, agent not to define, § 2322. Authority, termination where power coupled with in- terest, § 2356. Authority to sell includes authority to covenant, § 2324. Authority to sell includes authority to warrant, §§ 2323, 2324. Authority that may be delegated to agent, §§ 2304, 2305. Authority to disobey instructions, § 2320. Authority to receive price, §§ 2325, 2326. Authority, what terminates, §§ 2355, 2356. Authority, when to be conferred in writing, § 2309. 796 AGENCY. Authority, whether principal bound when agent ex- ceeds, § 2333. Code provisions governing, subject to what limitations, § 2345. Collecting agent's duty, § 2021. Consideration unnecessary, § 2308. Covenants, agent may give, § 2324. Created by ratification, § 2307. Created how, § 2307. Credit, agent's liability respecting, § 2343. Credit, effect of giving exclusive, to agent, § 2335. Damages for breach of warranty of agent's authority, § 3318. Death of agent terminates, § 2355. Death of principal terminates, § 2356. Defined, § 2295. Delegate powers, when agent may, § 2349. Delegation of, §§ 2349-2351. Delegation, sub-agent rightfully appointed, original agent not liable for, § 2351. Delegation, sub-agent rightfully appointed represents agent, § 2351. Delegation, unlawful employment of sub-agent, effect of, § 2350. Delivery of contract to agent, § 1626. Expiration of term terminates, § 2355. Extinction of subject of, terminates, § 2355. Factors: See Factors. Fraud, agent no authority to defraud principal, § 2306. General agent defined, § 2297. General agent to sell, authority to receive price, § 2325. . General authority, does not include what acts, § 2322. General authority, exceptions to, § 2322. Incapacity of parties terminates, §§ 2355, 2356. Indemnity, agreement of, covers acts of agent, § 2775. Instructions, agent's power to disobey, § 2320. Instrument intended to bind principal does bind him, § 2337. Insurance by agent, form of policy, § 2589. Manager of ship general agent for owners, § 2070. AGENCY. 797 Married woman's power of attorney, § 1094. Measure of agent's authority, §§ 2315, 2318. Minor cannot delegate power, § 33. Mortgage, power of attorney to execute, how executed, § 2933. Negligence of agent, liability of principal, § 2338. Notice of dishonor by agent, § 3149. Notice to agent, when notice to principal, § 2332. Notice to principal, agent has notice of, § 2332. Omissions by agent, principal liable for, § 2338. Oral authorization, sufficiency of, § 2309. Ostensible, agency, when is, § 2300. Ostensible authority defined, §§ 2317, 2318. Ostensible authority, extent of, § 2318. Ostensible authority of, § 2315. Ostensible authority of factor, § 2369. Ostensible authority, principal not liable for acts acts under, when, § 2334. Ostensible, defined, § 2300. Ostensible or actual, § 2298. Partners' liability for each other, § 2429, Partner liable as agent, § 2443. Payment to agent, when exonerates, § 2335. Power of attorney to gratuitous employee, § 1977. Price, authority to receive, §§ 2325, 2326. Principal bound by instrument intended to bind him, § 2337. Principal, how effected by agent's acts within his authority, § 2330. Principal, when bound by incomplete execution of authority, § 2331. Principal, whether bound when agent exceeds au- thority, § 2333. Principal, who may be, § 2296. Ratification, creation of, by, § 2307. Ratification not to injure third persons, § 2313. Ratification of agency, § 2307. Ratification of agent's act, how may be made, § 2310. Ratification of part of transaction, § 2311. Ratification, rescission of, § 2314. Ratification, void, when, § 2312. Real estate agent may give covenant, § 2324. 798 AGENCY — AGRICULTURAL FAIR CORPORATIONS. Real estate broker, statute of frauds, § 1624. Renunciation of agency, terminates, § 2355. Representations, power of agent to make, § 2319. Rescission of ratification, § 2314. Revocation by principal terminates, § 2356. Rights of person dealing with, agent without notice ot agency, § 2336. Scope of, agent not to define, § 2322. Setoff against claim of principal by third person, § 2336. Shipmaster as agent, §§ 2373-2385. Shipmaster's authority as agent, § 2044. Ship's manager as agent, §§ 2388, 2389. Special agent defined, § 2297. Special agent to sell, authority to receive price, § 2326. Special or general, § 2297. Statute of frauds, §§ 1624, 2309. Subagent, effect of unauthorized appointment of, § 2350. Subagent, liability of, § 2022. Subagent represents principal, § 2351. Terminated by what, §§ 2355, 2356. Termination of, power coupled with interest, § 2356. Third person, agent's obligation to surrender property to, § 2344. Third persons, agent's responsibility to, § 2343. Torts, agent's liability for, to third persons, § 2343, Torts of agent, liability of principal, §§ 2338, 2339. Trustee's powers as agent, § 2267. Warrant, authority to, included in power to sell, § 2323. AGISTOR'S LIEN, § 3051. AGRICULTURAL FAIR CORPORATIONS, §§ 620, 622. Debts contracted illegally, directors liable for, § 621. Debts not to be contracted beyond amount in treas- ury except for realty, § 621. Debts, power to create for realty, § 621. Fees, limitation upon amount of, § 622. Fees to be provided in by-laws, § 622. Have no capital stock, § 622. Not conducted for profit, § 622. AGRICULTURAL FAIR CORPORATIONS — ALTERATION. 799 Real estate, for what purposes to be held, § 620. Real estate, how much may be purchased, leased or sold by, § 620. AIR, easement of, § 801. ALIEN, apprenticeship of, § 274. Inheritance by, §§ 672, 1404. May take, hold and dispose of realty and personalty, § 671. Must appear and claim property within five years, § 672. Non-resident, failure to claim estate, proceedings in case of, §§ 1405, 1406. Non-resident, property escheats subject to charges, § 1407. Non-resident, interest in estate escheats, when, § 1406. Non-resident, taking by succession, within what time to make claim, § 1404. Property rights of, § 672. ALIENATION: See Conveyance. Condition restraining, effect of, § 711. Future interest, suspending power of, void, § 716. Limitation on power of suspension in estates for years, § 770. May be suspended how long, § 715. Of chattel real, suspending, § 770. Power of, how long may be suspended, § 715. Power of, when suspended, § 716. Suspension of power of by trust, § 771. Who entitled to income where no disposition of it, § 733. ALIMONY: See Divorce. ALLUVION defined, § 1014. See Accession. Ownership of, § 1014. ALTERATION and cancellation of contracts in general, §§ 1697-1701. Duplicate, alteration of, effect of, § 1701. Duplicate, of, § 1701. Guarantor exonerated by, § 2821. Insurance, alteration of representation, § 2576. Insurance, fire, effect of alteration in, §§ 2753, 2754. 800 ALTERATION— APPEAL. Material, extinction of contract by, § 1700. Verbal, considei'ation not necessary, § 1697. Verbal contract may be altered by consent, § 1697. Verbal, extinguished by, § 1697. Written, how altered, § 1698. ALTERNATIVE, future interest in the, § 696. Obligations, §§ 1448-1451. AMBIGUITY, wills, in, construction, § 1323. AMENDMENT, articles or certificate of incorporation, of, § 362. ANIMALS, action for injuries by dog, knowledge of char- acter of dog need not be shown, § 3341. Care required of borrower, § 1887. Combinations to obstruct sales of livestock prevented, p. 666, Stats. Damages for injuries to, § 3340. Depositary, compensation of for parts of week, § 1853. Depositary of, duties of, § 1834. Dog killing goats, sheep or poultry, liability of owner, § 3341. Dog injuring sheep or goats may be killed, § 3341. Dogs, protection of goats, sheep and poultry, § 3341. Domestic, subject of ownership, § 655. Game, right to take game and fish, § 802. Killing or injuring goats by dogs, damages for, § 3341. Killing sheep by dogs, damages, § 3341. Lien for keeping, § 3051. Lien in favor of owners of bulls, jacks and stallions used for propogation, p. 738, Stats. Poultry, liability of owner of dog killing, § 3341. There may be ownership of, § 655. Wild, property in, § 656. ANNUITY, commences when, § 1368. Defined, § 1357. Effect of failure of fund, § 1357. Failure of fund, resort to other property, § 1357. ANNULMENT of Indenture of apprenticeship, § 276. Of marriage: See Marriage. APPEAL, divorce, revision of order disposing of property, § 148. Order relating to property on divorce, subject to, § 147. APPLICATION — APPRENTICESHIP. 801 APPLICATION of interest, § 1479. Of money transferred to trustee, wtien one must see to, § 2244. Of performance, § 1479. Of performance, rescission of, § 1479. Of performance, where several obligations, § 1479. Termination of hiring before time, apportionment of hire, § 1935. APPOINTMENT, effect of power of, § 781. No person guardian of estate without, § 242, Of guardian by the court, §§ 243, 244. Of guardian by the court supersedes parent, § 204. Of trustee, how made; § 2287. Of successor to trustee, duty of trustee concerning, § 2260. APPORTIONMENT of burden of servitude on partition of dominant tenement, § 807. Of consideration in case of prevention of performance, § 1514. Of covenants, § 1467. Of freightage, according to distance, § 2142. Of freightage, by contract, §§ 2140, 2141. Of hire, § 1935. Of lien, § 2912. Of losses occasioned by collision of vessels, § 973. APPRAISEMENT of homestead, §§ 1245-1258. Of property found, § 1865. APPRENTICESHIP, acknowledged, contract must be, § 275. Acknowledgment, certificate showing it to be freely made on private examination, § 275. Act relative to apprentices, p. 668. Age, indentures, age inserted in taken to be true, § 270. Age, public officer binding out to inquire into in- fant's, § 270. Age to be inserted in indentures, § 270. Alien, contract of, limitation upon term of, § 274. Alien, contract of may extend beyond term of ma- jority, when. § 274. Alien may bind himself to, $ 274. 802 APPllENTICESHIP — ASSIGNMENT. • Annulment of contract, grounds for, § 276. Annulment of contract, recovery for services on, § 276. Contract of, any minor may make, § 264. Contract of, duration of, § 2G4. Contract of, effect of, § 264. Consent to, how signified, § 266. Consent to, who to give, § 265. Education of child, indenture to contain agreement for, § 272. Executors, power of to bind child to, § 267. Indenture executed by public officer, copy to be de- posited with county, clerk, § 273. Indentures, money paid or agreed for to be inserted in, § 271. Public officers, power of to bind to, § 269. Supervisors, power to bind minor to, § 268. APPURTENANCE deemed fixture, when, § 661. Definition of, § 662. Incidents, transfer of, does not pass principal thing, § 1084. Irrigation stock appurtenant to land, § 324. Irrigation stock appurtenant to land, how sold, § 324. Land, to, what deemed to be, § 662. Pass by transfer of land, §§ 476, 1084, 3540. Ship to, § 961. ARBITRATION, partner may not submit to, § 2430. Specific performance of agreement for, not, § 3390. ASSESSMENTS: See Corporations. Covenant for payment of runs with land, § 1463. ASSIGNMENT, action against street railway for penalty for overcharging, of, § 504. By lessor, liability of assignee, § 822. Chose in action, of, § 954. Debt secured by mortgage, of, § 2936. Employees of corporation, act relating to assignments of wages by, p. 700. General, to indorser excuses notice of dishonor, § 3157. Life insurance policy, of, § 2764. Literary property is assignable, § 982. May be oral, when, § 1052. Mere possibility cannot be transferred, § 1045. ASSIGNMENT — ASSIGNMENT FOR CREDITORS. 803 Mortgage, record of assignment of, as notice, §§ 2934, 2935. Non-negotiable contract may pass by, § 1459. Partner may not make, § 2430. Power to sell in incumbrance passes to assignee, § 858. Products of the mind, of, § 980. Warranty of written instrument sold, § 1774. See Transfer. ASSIGNMENT FOR CREDITORS, accounting by assignee, § 3469. Acknowledging, §§ 3458, 3459. Affidavit by assignor, § 3462. Affidavit by assignor, effect of refusal to make, § 3462. Alteration of, consent of parties necessary, § 3473. Assignee, allowance of expenses, § 3471. Assignee may be elected in place of sheriff, § 3449. Assignee not liable when void, § 3472. Assignee not purchaser for value, § 3460. Assignee, powers of, § 3449. Assignee's compensation, § 3471. Assignee takes subject to rights of "third parties, S 3460. Assignee, transfer to, by sheriff, § 3449. Assignee without authority until inventory and bond filed, § 3468. Assignment, what to contain, § 3449. Bond of assignee, § 3467. Bond of assignee to be filed before authority com- mences, § 3468. By more than one assignor, § 3464. Cancellation of, not without consent ol parties, S 3473. Compensation of assignee, § 3471. Compensation of sheriff, § 3449. Conflict of laws, § 3451. Contingent liabilities may be secured, § 3452. Debts that may be secured, § 3452. Deeds, where incumbered property sold, § 3468. Dividends to creditors, § 3468. Examination of assignor, § 3462. Exempt property does not pass, § 3*70. 804 ASSIGNMENT FOR CREDITORS. How made, §§ 3449, 3458. Insolvency defined, § 3450. Insolvent creditor may make, § 3449. Instrument of, subscribing, recording, etc, § 3458. Insurance on life does not pass, § 3470. Inventory, effect of refusal or neglect to make and file, § 3462. Inventory, filing, §§ 3460-3465. Inventory, filing of, eftect of want of, § 3465. Inventory, time to file, § 3461. Inventory to be filed before assignee's authority commences, § 3468. Inventory, what to contain, § 3461. Inventory, where more than one assignor, § 3464. Limitations on, § 3449. Meeting, notice of, § 3449. Meeting of creditors, adjournment of, § 3449, Meeting of creditors, majority in amount of de- mands governs, § 3449. Meeting of creditors, proxy how executed, § 3449. Meeting of creditors, secured creditors not to vote, § 3449. Meeting of creditors, sheriff to preside, § 3449. Meeting of creditors, voting, § 3449. Meeting of creditors, voting may be in person or by proxy, § 3449. Modification of not Mdthout consent of parties, § 3473. Non-resident, by, §§ 3449, 3451. Notice of meeting of creditors, § 3449. Notice of, to creditors, requiring them to present demands, § 3468. Notice to creditors, filing of, § 3468. Notice to creditors, recitals as to, effect of, § 3449. Out of state, §§ 3449, 3451. Partner may not make, § 2430. Passes no better title than assignor has, § 3460. Perishables, disposal of, § 3468. Preferences, §§ 3457, 3451. Publication of notice of creditor's meeting, §§ 3449, 3468. Real property, recording act, § 3466. ASSIGNMENT FOR CREDITORS — ASSOCIATION. 805 Recording, §§ 3458, 3459, 3463, 3464, 3466. Recording, effect of not, § 3465. Recording where more than one assignor, § 3464. Reserving interest avoids, § 3457. Restrictions on, § 3449. Secured creditor admitted only for balance of debt, unless releases security, § 3468. Secured creditor cannot prove any of debt, when, § 3468. Secured creditor cannot vote at meeting without re- leasing security, § 3449. Secured creditor may prove whole debt, how, § 3468. Secured creditor, release of right of redemption, § 3468. Secured creditor, sale of the property, § 3468. . Sheriff, bond of, § 3467. Sheriff's fees and expenses, § 3449. Sheriff's liability on official bond, § 3467. Sheriff's transfer to assignee, recitals in, prima facie, § 3449. Sheriff to hold property, § 3449. Sheriff, to what sheriff to be made, § 3449. Sheriff, transfer by to be acknowledged and recorded, § 3458. Sheriff, transfer by to be in writing, § 3458. Statement of creditor's demand, 3449. Subscribing, § 3458. Surrender of books, papers and vouchers to assignee, court may order, § 3462. Third parties, assignee takes subject to rights of, § 3460. To what sheriff to be made, § 3449. Transfer by non-resident not affected by provisions concerning, § 3451, Verification of, § 3462. Void, when, § 3457. Who may make, §§ 2430, 3449. Writing, must be in, §§ 3458, 3459. ASSOCIATION: See Boards of Trade; Chambers of Com- merce; Co-operative Associations; Corporations; Mechanics' Institute; Pioneer Society; Protec- tive Associations; Friendly Society. 806 ASSOCIATION— AUCTION. Benefit and relief associations, act relating to, p. 678. Building and loan associations, act relating to, p. 681. Protective, act validating acknowledgments, p. 665. ASSURANCE, executory contract of sale binds seller to give covenant of further, § 1733. ASYLUMS, orphan, managers may consent to adoption, when, § 265. ATTACHMENT, lien of officer, § 3057. Mortgaged personalty, §§ 2968-2970. Mortgaged property, how attached, § 2969. Mortgaged property, sale of and disposition of pro- ceeds, §§ 2968, 2970. ATTORNEY-GENERAL, duty of, when alien heir does not claim, § 1405. Duty to collect penalty where railroad raises rates, § 494. May inquire into corporations, § 382. ATTORNEY IN FACT, certificate of acknowledgment by, form of, § 1192. How to convey realty, § 1095. Revoking power of, § 1216. ATTORNMENT of tenant to stranger, § 1948. To landlord on grant of rent, reversions or remainders, § nil. AUCTION, auctioneer has what authority from bidder, § 2363. Auctioneer has what authority from seller, § 2362. Bids by seller or agent, when void, § 1796. Bid, withdrawing, § 1T94. By-bidding, § 1797. Defined, § 1792. Delinquent stock, sale of, § 341. Five days' notice of sale of stock in trade at, to be recorded, § 3440. Memorandum, auctioneer, authority of, to sign, § 2363. Memorandum of sale, auctioneer's, effect of, § 1798. Pledge, sale of to be by auction, § 3005. Sale complete, when, § 1793. Sale under written conditions, modifying, § 1795. Sale without reserve, rights of buyer, § 1796. Statute of frauds, memorandum by auctioneer satisfies, § 1624. AUTHOR— BANK. 807 AUTHOR, property of, in writings, §§ 980-985. See Literary Property. AUTHORITY, joint, construction of words giving, § 12. Of particular persons: See Particular Title. AVERAGE: See General Average. AVULSION, in general, § 1015. AWARD: See Arbitration. BAGGAGE on freight train, § 483. Railway, checks to be affixed to, § 479. Sale of, by innkeeper for storage, § 1862. See CaiTiers. BAIL, defined, § 2780. Indemnity in legal proceedings, sureties on, called bail, § 2780, Obligations governed by statutes specially applicable, § 2781. See Indemnity. BAILMENT, gratuitous depositary, creditor is when, § 1505. See Deposit; Depositary; Hiring; Loan; Warehouse- man. BANK, banking corporation, election to have capital stock, § 300. Book showing stockholders, § 321. Capital, amount to be paid up, § 580. Capital, amount paid up, publication of, § 583a. Capital stock, amount of required, § 580. Capital stock, amount to be paid on, § 580. Capital stock, advertisement or statement as to, to show amount paid up, § 583a. Capital stock, all to be subscribed before certificate issued, § 580. Capital stock, proceedings on electing to have, § 300. Certificate of deposit negotiable, §§ 3095, 3261. Deposits, unclaimed, statements of to be published, pp. 674, 675, Stats. Dissolution and winding up of, p. 676, Stats. Dividends, from what only to be paid, § 300. Dividends, limitation upon power to pay, § 300. Dividends, power to declare, § 583. 808 BANK— BASTARD. Foreign banking partnership, fictitious name, § 2467. Lien of banker, § 3054. Misdemeanor, advertisement or statement as to capital stock without showing amount paid up is, § 583a. Misdemeanor, persons engaged in banldng guilty of unless true names shown, § 582. Notice showing names of directors and number and transfer of shares, § 321. Powers and rights of banking corporation, § 300. Savings: See Savings and Loan Corporations. Statute concerning persons and corporations engaged in banking repealed, p. 674. Surplus and reserve fund, creation of, § 583. Surplus and reserve fund, conversion into paid-up capital stock, § 583. Surplus and reserve fund, restoration of after conver- sion into capital stock, § 583. True names of persons engaged in banking to be shown, § 582. Unclaimed deposits, banks to publish statement of, pp. 674, 675, Stats. Winding up and dissolution of, p. 676, Stats. See Corporations. BANK COMMISSIONER, land and building corporation, report of, § 644. Land and building corporations subject to, § 647. BANK NOTE negotiable, §§ 3095, 3261. Negotiable after payment, § 3261. BASTARD, acknowledging, and receiving into family, § 230. Acknowledgment of, effect of, § 1387. Acknowledgment of, inheritance by and from in case of, § 1387. Adoption of, §§ 224, 230. Children legitimate where divorce granted or marriage annulled, § 1387. Custody and earnings of, mother entitled to, § 200. Heir to mother, § 1387. Heir to one acknowledging himself to be father, § 1387. Inheritance by, § 1387. Inheritance from, § 1388. BASTARD — BILL OF LADING. 809 Legitimation of, § 230. Legitimized by marriage of parents, § 215. Proof of illegitimacy, § 195. See Legitimacy. BELL, sounding, duty and liability of railroad respecting, § 486. BENEFICIARY: See Trusts. BENEFIT, consent of party entitled to, necessary to trans- fer of burden, § 1457. He who takes must bear burden, § 3521. Voluntary acceptance of, is assumption of, § 1589. BENEFIT CORPORATIONS: See Religious, Social, and Benevolent Corporations. Act relating to, p. 678. Articles of incorporation, what to set out, § 594. Consolidation of debts by several corporations other than for profit, § 605. Consolidation of debte by several corporations other than profit, procedure for, § 605. Cumulative voting, § 307. Directors or trustees, number of, §§ 290, 305. Fraternal societies exempt from insurance laws, § 45L Insurance, mutual life, etc., §§ 437-452. Records to be open to inspection, § 378. BENEVOLENT ASSOCIATIONS and their incorporation, §§ 593-604. Bequests to, limitation on power to make, § 1313. Not insurance corporations, § 451. See Benefit Corporations; Religious, Social, and Benevolent Corporations. BICYCLE as baggage, § 2181. BIGAMY, ground for nullifying marriage, § 82. BILL OF EXCHANGE: See Negotiable Instruments. BILL OF LADING, any reasonable number to be given consignor, § 2130. Assignment of, §§ 2127, 2128. Carrier may demand surrender before delivery, § 2132. Carrier not liable for more than value stated in, § 2200. Conditions in limiting liability, § 2176. Consignor entitled to, § 2130. 810 BILL OF LADING-BONA FIDE PURCHASER, Defined, § 2126. Delivery according to, exonerates carrier, § 2131. Effect of accepting from carrier, § 2176. Effect of on carrier's riglits and duties, § 2129^ Indorsement and transfer of, §§ 2127, 2128. Indorsement, delivery wittiout, § 2128. Limitations in, effect of, § 2176. Limitations in, signature when necessary, § 2176. Negotiable, §§ 2127, 2128. Refusal to give, effect of, § 2130. Surrender of, carrier may demand before delivery, § 2132. Title to freight passes to indorsee, § 2127. To be given consignor, § 2130. Transfer of by delivery, § 2128. BILL OF SALE, § 1053. BILLS AND NOTES: See Negotiable Instruments. BISHOP, religious corporations, § 602. BLANK. Liability of one signing instrument in blank, § 3125. BOARDING-HOUSE KEEPER: See Innkeepers. BOARDS OF TRADE, act providing for formation of, p. 689. Act validating acknowledgments by, p. 665. BONA FIDE PURCHASER, apparent principal cannot show he is surety against, § 2382. Contract not reformed as against, § 3399. Grant of property subject to trust, when deemed absolute, § 869. Implied or resulting trust not to affect, § 856. Mortgagee, rights against unrecorded conveyance, § 1214. Presumption in favor of on purchase of property from husband or wife, § 164. Revocation of gift causa mortis, effect on, § 1151. Rights of as against unrecorded instrument, §§ 1107, 1214. Specific performance in case of, § 3395. Title of from one claiming by succession, effect of will, § 1364. BOND — BOTTOMRY. 811 BOND, cemeteries may issue, § 611. Corporations for giving, act governing, p. 680. Indemnity on transfer of stock by non-resident, § 326. Issue by corporation, restrictions upon, §§ 359, 456. Negotiable, § 3095. Non-residents, on transfer of stock, § 326. Railroad may issue, § 456. Railroad, sinking fund to pay, § 457. Savings and loan corporation may invest in what, § 574. See Guaranty; Indemnity.; Suretyship. BOOKS, mining corporation, of, open to inspection, p. 749, Stats. Of corporation: See Corporations, XL BORROWER: See Hiring; Loan. BOTTOMRY defined, § 3017. Due, loan becomes, when, § 3026. Fraudulent conveyance, delivery, § 3440. Insurable interest is reduced by, § 2660. Interest, court may reduce rate if exorbitant, § 3022. Interest, rate of, § 3022. Is subject to law of liens, § 2877. Laches, lien lost by, § 3027. Lender's rights when no necessity of bottomry existed, § 3023. Lien is independent of possession, § 3027. Lien lost, how, § 3027. Lien, priority over others, § 3028. Master may hypothecate freight money, when, § 302L Master may hypothecate ship, when, §§ 3019, 3020. Not affected by law of mortgages, § 2942. Owner's right to hypothecate ship, § 3018. Owner may hypothecate freightage, § 3018. Personal liability, stipulation for, void, § 3024. Preference over other liens, § 3028. Priority between bottomry liens, § 3029. Priority of lien, § 2897. Recovery in case of total or partial loss, § 3023. Recovery of money loaned, § 3025. See Respondentia. 812 BOUNDARY — BUILDING AND LOAN CORPORATION. BOUNDARY, coterminous owners bound to maintain, § 841. Road as, § 831. Street as, § 831. Transfer of land bounded by highway passes what, § 1112. Waters as, rights of owners, § 830. Ways as, § 831. BREACH OF PROMISE, chastity, want of, justifies, § 62. To marry, damages for, § 3319. BRIDGE, duty of wagon road corporation concerning, § 514. Statutes governing, bridge corporations apply where owned by individual, § 531. Water company's duty to maintain, § 551. BRIDGE, FERRY, WHARF, CHUTE AND PIER COR- PORATIONS. Annual report, penalty for failure to make, and action by district attorney for, § 530. Annual report, president and secretary to make, § 530. Annual report, publication of, § 530. Annual report, what to contain, § 530. Corporate existence ceases, in what contingencies, § 529. Non-user, effect of, § 529. Statutes relating to apply where bridge, ferry, wharf, chute, or pier built by private individual, § 531. Tolls not to be taken until supervisors grant author- ity, § 528. Works to be completed and in running order, iu what time, § 529. BROKER, real estate, statute of frauds, § 1624. See Agency. BUILDING AND LOAN CORPORATION, arrearage, effect of, § 639. Arrearage, notice of, § 639. Articles to set forth what, § 633. Bank commissioners' power over, § 647. Bank commissioner's report of, § 644. Borrowing money, § 641. Capital stock, § 634. Certificates of stock, § 634. Certificates of stock, prior and new series, § 634. BUILDING AND LOAN CORPORATION. 813 Commissioners of, act creating and prescribing powers and duties, p. 681. Definition of, § 648. Dues, liability for default in paying, § 634. Dues of stockholders, § 634. Election to continue in business under code proceedinga on, § 646. Exemption of shares from execution, § 643. Fees, entrance and transfer, § 634. Foreign, deposit by as guaranty fund, and disposition thereof, § 645. Foreign, penalty for non-compliance with statute, § 645. Forfeiture for arrears in payment, § 639. Formation and organization of, § 633. Free shares defined, § 634. Free shares, payment of, § 636. Free shares, retiring, § 635. Interest, § 634. Interest, rate of, § 638. Lease of its property, § 640. Loan, repayment, § 638. Loans, how and from what made, § 637. Loans, security that must be given for, § 638. Losses, apportionment, § 642. Matured and canceled stock, § 634. Maturity of stock, § 636. May purchase realty on which it has mortgage or in- cumbrance, § 640. Membership, and eligibility to, § 643. Minor may hold shares, § 643. Mortgage of its property, § 640. Payment of matured shares, § 636. Perjury in making reports, § 644. Pledged shares, defined, § 634. Pre-existing, proceeding to continue existence of, § 646. Premium, § 637. Profits, apportionment of, § 642. Realty, sale, lease, or mortgage of, § 640. Report, annual, to bank commissioners, § 644. Reports, liability for not making, § 644. Reports other than annual, § 644. 814 BUILDING AND LOAN CORPORATION— CARD. Taxation on issuance of certificates, § 648 1^. What included in term, § 648. See Savings and Loan Corporations. BULLS. Lien of owner of bull used for propogation. p. 738, Stats. BURDEN, consent of party entitled to benefit necessary to transfer of, § 1457. He who takes benefit must bear, § 3521. Voluntary acceptance of benefit is assumption of, § 1589. BURDEN OF PROOF, to invalidate consideration, § 1615. BURIAL, right of, §§ 801, 802. See Cemetery. BUSINESS, good-will of: See Good-will. BUSINESS DAYS, what are, § 9. BUTTE COUNTY, tolls in, § 514. CANAL CORPORATION, §§ 548-552. CANCELLATION and alteration of contracts, in general, §§ 1697-1701. Acceptance of bill of exchange, cancellation of, § 3198. Deed of, does not revest title, § 1058. Extinction of contract by, §§ 1699, 1700. In part, § 3414. Instrument obviously void, whether canceled, § 3413. Instruments, of, in general, §§ 3412-3414. Will, of, §§ 1292, 1293. Written instrument, when canceled, § 3412. CARE: See Negligence. Great, borrower to use, § 1886. Great, carrier of messages for reward, § 2162. Great, employee for his own benefit, § 1979. Great, shipmaster, § 2043. Ordinary, carrier of property for reward, § 2114. Ordinary, depositary for hire to use, § 1852. Ordinary, employee for reward, § 1978. Ordinary, gratuitous carrier of persons, § 2096. Ordinary, hirer, § 1928. Ordinary, trustee, § 2259. Ordinary, voluntary agent, § 2078. Slight, gratuitous carrier of property, § 2114. CARE — CARRIER. 815 Slight, gratuitous depositary to use, § 1846. Slight, gratuitous employee, § 1975. Utmost, carrier of messages by telegraph, § 2162. Utmost, carrier of persons for reward to use, § 2100. CARELESSNESS: See Negligence. CARGO: See Shipping. CARRIER, act of God relieves of liability, § 2194. Bill of lading: See Bill of Lading. Care and diligence required of, generally, § 2114. Chattel mortgage of property of, to be recorded where, § 2961. Common, who are, § 2168. Common, defined, § 2168. Compensation, § 2173. Compensation, payment of in advance, § 2173. Compensation, refusal to pay, § 2173. Connecting carrier, accepting freight for point beyond route, duty, § 2201. Connecting, proof in case of loss of through freight, § 22Q2. Consignee defined, § 2110. Consignee's refusal to accept and remove, storage, § 2121. Consignor defined, § 2110. Contract of carriage defined, § 2085. Damages for not receiving freight, etc., § 3315. Delay, damages for, § 3317. Delay, liable for, on, when negligent, § 2196. Delay, liable only when caused by want of ordinary care, § 2196. Delay of freight, when only liable, § 2196. Delays, unreasonable, carriage to be without, § 2104. Delivery according to bill of lading exonerates carrier, § 2131. Deliver, carrier may demand surrender of bill of lading before, § 2132. Delivery in part, apportionment of freightage, §§ 2140, 2141. Delivery, liability for non-delivery, § 3316. Delivery not made, how carrier may exonerate himself, § 2121. 818 CARRIER. Delivery not made, obligations of carrier, § 2120. Delivery of freight, manner of, §§ 2118, 2119, Delivery of freight, place of, §§ 2118, 2119. Delivery to connecting carrier, 2:^01. Delivery to holder of bill of lading exonerates, § 2131. Exemption from liability, none when negligent, § 2195. Expense of transportation of thing sold, § 1755. Freight, arrival notice, duty and liability of carrier after § 2120. Freight defined, § 2110. Freight, delivery to holder of bill of lading exonerates, § 2131. Freight, not accepted, storage by carrier, § 2121. Freight not delivered, obligations of carrier, § 2120. Freight, notice of deposit in warehouse, § 2121. Freight, obligation to accept, § 2169. Freightage, additional on carriage farther or more expeditiously than agreed, § 2143. Freightage, apportionment according to distance, § 2142. Freightage, apportionment by contract, §§ 2140, 2141. Freightage, consignee liable for, when, § 2138. Freightage, consignor liable for, when, § 2137. Freightage defined, § 2110. Freightage for natural increase of freight, § 2139. Freightage, lien for, §§ 2144, 2204. Freightage, marine insurance, §§ 2661-2663. Freightage, right to on receiving freight short of its destination, § 2142. Freightage, sale of perishables for, § 2204. Freightage, to be paid when, § 2136. General average: See General Average. Gratuitous, diligence required, § 2114. Gratuitous, obligations of, §§ 2089, 2090. Inland carrier, liability of, § 2194. Inland carrier, liability of, what excuses, § 2194. Inland, is what, § 2087. Insurable interest of, § 2548. Jettison: See Jettison. Kinds of, § 2086. Liability of, § 2194. Liability of, what excuses, § 2194. : CARRIER. 817 Limitation can be made by special contract, § 2174. Limitation of liability, fraud, not allowed in case of, § 2175. Limitation of liability, negligence, not allowed in case of, § 2175. Limitation of liability, willful wrong, not allowed in case of, § 2175. Limitation on liability, assent to be written, when, § 2176. Limitation on liability, assent to on accepting bill of lading, § 2176. Limitation on liability, cannot be by general notice, § 2174. Limitation on liability without notice of value, §§ 2177, 2200. Limiting liability, §§ 2174-2176. Loss of freight, carrier not liable for, when, § 2194. Loss of freight, carrier's liability for, § 2l54. Loss of valuable papers or money, liability for, § 2177. Loss, proof in case of, § 2202. Loss through negligence, no exemption from liability, § 2195. Marine: See Marine Carriers. Messages, of: See Telegraph Companies. Must start on time, § 2172. Negligence of, no exemption from liability in case of, § 2195. Notice of arrival, carrier to give, §§ 2120, 2121. Notice of value of freight, limitation on liability with- out, § 2200. Passenger carriers: See Passenger Carriers. Preferences not to be given, § 2170. Preferences to be given to state and United States, § 2171. Property, of, care required of, § 2114. Property, of, conflicting orders of consignee and con- signor, § 2116. Property, of, must obey directions, § 2115. Services of, other than of carriage and delivery, § 2203. Telegraph company is not common carrier, § 2168. Time, must start on, § 2170. United States, preference to, § 2171. Civ. Code — 35 818 CARRIER— CEMETERY CORPORATION. Valuable articles, limitation on liability for, when no notice, § 2200. Warehouseman, carrier when liable as, § 2120. Who are common carriers, § 2168. Writings, valuable, liability for, § 2200. Written contract, effect of, § 2176. See Railr6ad Corporation. CEMETERY, burial, right of a, servitude, §§ 801, 802. Establishing by corporation, § 595. Lots, disposal of, § 598. CEMETERY CORPORATION, annual report, § 609. Bonds may be issued, § 611. Bonds, sixty per cent of proceeds of sales to be applied on, § 611. Burial, right of where several owners of lot, § 613. Deeds by, manner of execution of, pp. 689, 710, Stats. Improvement of grounds, § 616. Land acquired and disposed of, how, § 608. Land, how much may be held by, § 608, Lands, maps of, § 608. Lands of, how may be paid for, § 611. Lands of, payment for, terms for lots and regulations not to be changed, § 611. Lands of, where to be situated, § 608. Lands, sale of, order for how obtained, § 615. Lands, sale of, procedure on, § 615. Lands to be held exclusively for cemetery, § 608. Lot inalienable after interment, § 613. Lot owners previous to purchase to be members of, § 614. Lot, sale of, after disinterment, § 613. Lots, rights and interests in, § 613. Lots, surveying, etc., § 608. Members eligible to vote and hold oflEice, who are, § 609. Office, who eligible to, § 608. Personal property, may be held, and how much, § 610. Property held in trust, investment of proceeds, § 616. Property may be held in trust, proceeds to be used, how, § 616. Rights where there are several owners of lot, § 613. Rural cemetery corporations, act authorizing incor- poration of, p. 689. CEMETERY CORPORATION — CHATTEL REAL. 819 Sale of lands, proceedings on, § 615. Surplus, how disposed of, § 610. , Trust, property may be held in, for what purposes, §§ 612, 616. CERTAIN. That is certain which can be made certain, § 3535. CERTIFICATE, deposit, of, negotiable, §§ 3095, 3261. Deposits, of, savings and loan, may issue, § 576. False, by corporate officer, § 316. Indenture of apprenticeship, of, § 275. Marriage, of, §§ 73, 74, 79. Mortgage, of discharge of, filing, §§ 2939, 2940. Of proof of loss, under insurance, when dispensed with, § 2637. Of stock: See Corporation. Partnership under fictitious name, of, §§ 2466-2471. Proof of instrument, certificate of, what to state, § 1200. Restoration of lunatic, of, as evidence of legal capacity, § 40. That seaman exerted himself to save cargo, etc., § 2059. CHAMBERS OF COMMERCE, act providing for formation of, p. 689. Act validating acknowledgments by, p. 665. CHARITABLE USE, restrictions on power of devise to, § 1313. CHARITY, restrictions on power to bequeath to, § 1313. CHARTER PARTY. Charterer, who may be, § 1959. Defined, § 1959. Insurable interest exists under, § 2663. Insurable interest of charterer, § 2665. Shipmaster may enter into, § 2376. Ship's manager may enter into, § 2388. What rights in ship may be given under, § 1959, See Shipping. CHASTITY, want of, avoids promise to marry, § 62. CHATTEL INTEREST defined, § 765. CHATTEL MORTGAGE: See Mortgage. CHATTEL REAL defined, § 765. Estate for life of third person as, § 766. 820 CHATTEL REAL— CLERK OF COURT. Limitation of power of suspension, § 770. May commence at future day, § 773. CHECK: See Negotiable Instruments. CHILD EN VENTRE. Posthumous cbild takes as living at testator's deatli, § 698. Rights of, §§ 29, 698. Talces under will, when, § 1339. See Infant; Parent and Child. CHILDREN: See Infants; Parent and Child. CHINESE, license for marriage between and white not to issue, § 69. CHOSE IN ACTION defined, § 953. Survivorship, § 954. Transfer of, § 954. CHURCH, right of seat at, §§ 801, 802. See Religious Corporation. CHUTE, corporations, §§ 528-531. Statutes governing chute corporations govern when owned by individual, § 531. See Bridge, Ferry, Wharf, Chute and Pier Corporations. CITY, water companies' relations with, §§ 548, 549. See Municipal Corporations. CITY RECORDER, marriage, may solemnize, § 70. CIVIL CODE: See Code. CLASS, devise or bequest to, who included. § 1337. CLERK OF COUNTY, articles of incorporation to be filed with, § 296. Certificate of formation of special partnership to be filed with, § 2480. Duty of, regarding marriage licenses, § 69. Duty of, where acknowledgment is taken by justice of peace, § 1194. May take acknowledgment, § 1181. Must keep register of partnership names, § 2470. Notice of dissolution of special partnership to be filed with, § 2509. Petition for appraisement of homestead to be filed with, § 1247. CLERK OF COURT, of court of record may take acknowl- edgment, § 1181. Of supreme court may take acknowledgment, § 1180. CODE— COLLEGES. 821 CODE, Cited how, § 21. Construction where it derogates from common law, § 4. Construed liberally, § 4. Continuation of statutes and common law, § 5. Definition of terms, § 14. Divisions of, § 1. [n abrogating statutes does not revive others, § 20. Pending actions not affected by, § 6. Private statute, how affected by, § 20. Repeals other statutes, how far, § 20. Retroactive, not, § 3. Retroactive, not as to wills, § 1375. Statutes in existence at adoption of, how affected by, § 20. Terms defined, § 14. Title of, § 1. Vested rights not affected by, § 6. When takes effect, § 2. CODICIL included under will, § 14. Execution of, republishes will, § 1287. Revocation of will revokes, § 1305. COHABITATION, when prevents nullifying marriage, S 82. COLLATERAL SECURITY: See Pledge. COLLATERAL WARRANTY abolished, § 1115. Liability of heir or devisee under, § 1115. COLLECTION, agent for, duties of, § 2021. Effect of warranty of, § 2800. Partner acting in liquidation may make, § 2461. COLLEGES, any number of persons may incorporate, § 649. Articles of incorporation to contain what, § 649. Consolidated, colleges may be, § 652. Consolidation, board of trustees, how constituted and elected, § 652. Consolidation, how effected, § 652. Consolidation of, §§ 652, 653. Consolidation, trustees to report annually, § 653. Meeting of trustees, statement in minutes that notice given conclusive, § 651. Minutes of meeting, certification of, § 651. Transfer of property from existing to new colleges, i 651. 822 COLLEGES— COMPENSATION. Trustees and their powers, § 650. Wills, taking under, § 1275. COLLISION, from breach of rules of navigation, right of recovery, § 971. From breach of rules of navigation implies willful de- fault, § 972. Loss, by, how apportioned, § 973. Rules for avoiding, § 970. COLLUSION defined, § 114. Divorce denied on, § 111. Presumption of, lapse of time, § 125. COMBINATIONS, livestock, to obstruct sale of, prevented, p. 666, Stats. COMMISSIONERS, building and loan, act relating to, p. 681. Railroad, act organizing and defining powers of, p. 766. Transportation, act relating to, p. 766. COMMISSION MERCHANT: See Factors. COMMON CARRIER: See Carrier. COMMON LAW, code continuation of, § 5. Statutes in derogation of, construction of, § 4. COMMUNITY PROPERTY: See Husband and Wife; Property. COMPENSATION, adult child, of, § 210. Appraisers of homestead, of, § 1258. Assignee for creditors, of, § 3471. Borrower, of, §§ 1892, 1894. Death of employer, after, § 1998. Depositary for hire, of, for fractions of week or month, § 1853. Depositary, voluntary, of, § 2078. Employee dismissed for cause, of, § 2002. Employee quitting for cause, of, § 2003. Finder, of, § 1867. For loan called interest, § 1915. For mistake, when allowed, § 3391. Law, given by, § 3275. Lienor not entitled to, § 2892. Managing owner of ship not entitled to, § 2072. COMPENSATION — CONDITION. 823 Of common carrier, § 2173. Partial failure to perform, on, § 3392. Partner not entitled to, § 2413. Rescission, on, § 3408. Service continued beyond two years, where, § 1980. Trustee, of, §§ 2273, 2274. Voluntary interference with property, § 2078. Without employment, § 2078. COMPOSITION of author, property in, §§ 665, 980-985. COMPOUND INTEREST, where trustee omits to invest funds, § 2262. COMPUTATION OF TIME, § 10. CONCEALMENT defined, § 2561. Effect of, § 2562. CONDITION. Alienation, conditions restraining effect of, § 711. Attached to proposal, § 1582. Concurrent, defined, § 1437. Concurrent, performance, §§ 1439, 1498. Enjoyment of property is upon, when, § 707. Forfeitures, involving, strictly construed, § 1442. Impossible, void, § 1441. Kinds of, §§ 708, 1435. Marriage, condition in restraint of, effect of, § 710. May inure to stranger, § 1085. Offer of performance to be free from, § 1494. Performance excused on refusal by other party to per- form, § 1440. Performance of as an acceptance, § 1584. Performance of essential, when, § 1439. Precedent and subsequent, § 708. Precedent, defined, §§ 708, 1346, 1436. Precedent, grant on, § 1110. Precedent, performance of, § 1498. Precedent, performance of essential, § 1439. Precedent, requiring performance of wrongful act, ef- fect of, § 709. Precedent, what, § 708. Precedent, wills, §§ 1346-1348. Repugnant, void, §§ 711, 1441. 824 CONDITION— CONSANGUINITY. Right of re-entry for breach of condition subsequent can be transferred, § 1046. Subsequent, defined, §§ 708, 1349, 1438. Subsequent, grant on, § 1109. Subsequent, what, § 708. Subsequent, wills, § 1349. Unlawful, void, § 1441. CONDITIONAL, delivery cannot be made to grante© or agent, § 1056. Devise or bequest, what, § 1345. Devise or bequest, when vests, § 1347. Limitation, remainder when deemed to be, § 778. Obligation, involving forfeiture, how construed, § 1442. Obligation, liability of guarantor on, § 2808. Obligation, performance of, excused, § 1440. Obligation, prerequisites to enforcing, § 1439. Obligation, when is, § 1434. Offer of performance, not to be, § 1494. Will, when may be denied probate, § 1281. CONDONATION: See Divorce. CONFLICT OF LAWS, assignment for creditors, § 3451. Contracts, in general, § 1646. Injunction, § 3423. Marriages out of state valid, § 63. Personalty, § 946. Realty, § 755. Wills, § 1376. CONFUSION OF GOODS: See Accession. Ownership of things formed by, §§ 1025-1032. CONGRESS, laws of, govern carriers by sea, § 2088. Laws of, govern seamen, § 2066. Liability of marine carrier regulated by, § 2198. CONNIVANCE, contract obtained through, void, § 1689. See Divorce. CONSANGUINITY. Collateral consanguinity defined, § 1390. Computed how, §§ 1389-1394. Degrees in collateral line, computation of, § 1393. Degrees in direct line, § 1392. Degrees of kindred, how computed, § 1389. CONSANGUINITY— CONSENT. 825 Direct and collateral, §§ 1390-1393. Direct ascending line, § 1391. Direct consanguinity, what, § 1390. Direct descending line, § 1391. Half blood, inheritance by kindred of, § 1394. CONSENT to contract: See Contract. Acquiescence in error takes away right of objecting, § 3516. Adoption, of child's parents necessary, § 224. Adoption, of child, when necessary, § 225. Adoption, of wife, necessary for, § 223. Adoption, of parents not necessary when, § 224. Adoption, where child in orphan asylum, § 224. Apprenticeship of child, for, §§ 265, 266. Beneficiary, of, necessary to allow trustee to hold ad- verse interest, § 2232. Child, written, of mother, necessary to transfer cus- tody of, § 197. Contract may be rescinded by mutual, § 1689. Depositor, of, necessary to use of deposit by deposi- tary, § 1835. Divorce, corrupt, § 112. Divorce, coiTupt, how manifested, § 113. Guaranty, not necessary to create, § 2788. Landlord, of, necessary to attornment to stranger, § 1948. Marriage, alone does not constitute, § 55. Marriage, how manifested and proved, § 57. Marriage, incapacity to, when ground for annulling, § 82. Marriage, of parties necessary to, § 55. Marriage, who are capable of giving, to, § 56. Mutual, sufficient consideration for agreement to sepa- rate, § 160. Of husband not required for transfer of wife's separate property, § 162. Of party entitled to benefit necessary to transfer of burden, § 1457. One consenting to act is not wronged by it, § 3515. Partner, unanimous, necessary to admission of new, § 2397. Partnership, of all, necessary to creation of, § 2397. 826 CONSENT— CONSIDERATION, Principal, of, necessary to release of factor, § 2030. Rescission of ratification, not necessary to, § 2314. Separation by, not desertion, § 99, Separation, to, a revocable act, § 101. Thing obtained without, of owner, to be restored, § 1712, Trust, mutual, necessary to create, § 2251, Voluntary interference with property without, § 2078. CONSIDERATION: See Contract. Agency, not necessary, § 2308. Burden of proof to invalidate, § 1615. Effect of transfer where paid by third person, § 853. Executed or executory, § 1G09. Executory, §§ 1610, 1611. Executory, how ascertained, §§ 1610, 1611. Executoi-y, subject to what provisions of code, § 1609. Failure of, rescission, § 1689. Good, defined, § 1605. Guaranty, for, §§ 2792, 2793. How ascertained, where contract does not determine, § 1611. How ascertained where left to discretion of third per- son, § 1611. niegal in part, effect on, § 1608. Impossibility of ascertaining, §§ 1612, 1613. Lawful, must be, § 1607. Lawful, what is, §§ 1607, 1667. Leaving amount of to decision of third person, <>§ 1610, 1611. Minor to restore on disaffirmance, § 35. Moral obligation, § 1606. Negotiable instrument, for, presumption of, § 3104. Negotiable instrument, want of, effect of, § 3122. New, altering contract without, § 1697. Not necessary on voluntary transfer, § 1040. Of contract between spouses for separation, § 160. Ratable proportion when performance of obligation prevented, § 1514. Return of by minor, on disaffirming contract, § 35. Voluntary transfer, in case of, §§ 1040, 1146. Written instrument presumptive of, § 1614. CONSIGNMENT — CONTINUING GUARANTY. 827 COi^JGlGNiViENT. Conflicting orders, § 2116. Consignee defined, § 2110. Consignor defined, § 2110. Consignor's directions to carrier, §§ 2115, 2116. Delivery of, §§ 2118-2122. Freightage, liability for, §§ 2136-2144. Insolvency of consignee, what is, § 3077. Special contract of carrier, § 2176. Stoppage in transit, §§ 3076-3080. CONSOLIDATION. Consolidated bonded debt by several corporations, § 359. Debts, consolidation of by corporations other than for profit, § 605. CONSTRUCTION, code to be liberally construed, § 4. Condition involving forfeiture strictly construed, s 1442. Contemporaneous construction is the best, § 3535. Interpretation giving effect preferred, § 3541. Interpretation must be reasonable, § 3542. Joint authority, of, § 12. Particular expressions qualify general, § 3534. Words and phrases, of, § 13. See Contracts; Conveyance, etc. CONSTRUCTIVE delivery, § 1059. Fraud defined, § 1573. Notice defined, §§ 18, 19. CONSUL of United States may take acknowledgments, § 1183. CONTEMPORANEOUS CONSTRUCTION is the best, § 3535. CONTEMPT, officer taking acknowledgment may punish for, § 1201. CONTINGENT INTEREST defined, § 695. Future interest is when, § 695. Not void because improbable, § 697. CONTINGENT REMAINDER, how created, § 773. On prior remainder in fee, § 772. On term of years, § 776. CONTINUANCE of corporate existence, §§ 287, 401. CONTINUING GUARANTY: See Guaranty. 828 CONTRACTS, I, II. CONTRACTS. I. Definition and kinds of. II. Wlio may contract; parties to. III. Essentia! elements; offer; acceptance; consent; waiver of code provisions. IV. Consideration. V. Execution and delivery; reduction to writing; seal; when takes effect. VI. Validity of; object of contracts. VII. Construction of. VIII. Performance. 1. Generally. 2. Time of. 3. Excuse, prevention or waiver of. 4. Offer of. 5. Partial. IX. Alteration; cancellation; release; extinction. X. Actions on; liability under. Joint and several: See Joint. Reformation of: See Reformation. Rescission of: See Rescission of Contracts. Particular contracts: See Particular Title. I. Definition and kinds of. Defined, § 1549. Executed, is what, § 1661. Executory, is what, § 1661. Express, defined, § 1620. Express or implied, contracts are, § 1619. Implied, defined, § 1621. Implied or express, § 1619. II. Who may contract; parties to. Infants, competency of to contract, §§ 1556, 1557. Infants': See Infant. Insanity revokes proposal, § 1587. Lunatics, competency of to contract, §§ 1556, 1557. Lunatics: See Insane Person. Parties, competent, essential, § 1550. Parties, identification of, necessary, § 1558. Parties, substituting, § 1531. Parties, who competent, §§ 1556, 1557. Who may contract, §§ 1556, 1557. CONTRACTS, III, IV. 829 III. Essential elements; offer; acceptance; consent; waiver of code provisions. Acceptance by performance of conditions, § 1684. Acceptance, communicated how, § 1582. Acceptance complete, when, § 1583. Acceptance, conditions attached to, § 1582. Acceptance, mode of communicating, § 1582. Acceptance must be absolute, § 1585. Acceptance, qualified, effect of, § 1585. Acceptance, receipt of consideration is, § 1584. Acceptance, voluntary, of benefits of transaction, § 1589. Acceptance when deemed complete, § 1583, Consent apparent, when not free, § 1567. Consent essential, § 1550. Consent, essentials of, § 1565. Consent, fraud, when deemed obtained by, § 1568. Consent, how communicated, § 1581. Consent, mutual, when only, § 1580. Consent not free not absolutely void, § 1566. Consent not free, rescission, § 1566. Consent obtained by duress, § 1567. Consent obtained by fraud, § 1567. Consent obtained by menace, § 1567. Consent obtained by mistake, § 1567. Consent obtained by undue influence, § 1567. Consent, ratification of contract void for want of, § 1588. Consent, voluntary acceptance of benefits of transac- tion, § 1589. Consent, when deemed fully communicated, § 1583. Elements essential to, § 1550. Ratification of, when void for want of consent, § 1588. Revocation of offer, right of, § 1586. Revocation of proposal by death, § 1587. Revocation of proposal made, how, § 1587. Revocation of proposal, time for, § 1586. Waiver of code provisions respecting, § 3268. IV. Consideration. Acceptance of is acceptance of proposal, § 1584. Ascertained, how, § 1611. Burden of proof to invalidate, § 1615. 830 CONTRACTS, IV, V, VI. Effect of impossibility of ascertaining, §§ 1612, 1613. Effect of its illegality in part, § 1608. Essential, § 1550. Exclusive method of ascertaining which is impossible, §§ 1612, 1613. Executed, § 1609. Executory, § 1610. Good, defined, § 1605. Good, what is, § 1606. Illegal in part, § 1598. Moral obligation as, § 1606. Must be lawful, § 1607. Rescission for failure of, § 1689. Written instrument presumptive of, § 1614. V. Execution and delivery; reduction to writing; seal; when takes effect. Delivery of, takes effect on, § 1626. Delivery, provisions of chapter on transfers apply to, § 1627. Oral negotiations merged in writing, § 1625. Seal, distinctions abolished, § 1629. Seal, how affixed, § 1628. Takes effect on delivery, § 1626. Writing supersedes oral negotiations or stipulations, § 1625. VI. Validity of; object of contracts. Condition precedent requiring performance of wrong- ful act, effect on, § 709. Consent, effect of fraud, mistake, duress, etc., § 1567. Consent, when deemed obtained by fraud, duress, mis- take, etc., 1568. Damages, contract fixing, §§ 1670, 1671. Duress consists in what, § 1569. Fraud, actual, a question of fact, § 1574. Fraud, actual, what constitutes, § 1572. Fraud, constructive, defined, § 1573. Fraud, effect of on oral contract not in writing through fraud, § 1623. Fraud is actual or constructive, § 1571. Impossibility avoids contract, § 1598. Impossibility, object must be possible and ascertain- able, §§ 1596, 1598. CONTRACTS, VI, VII. 831 Impossibility is what, § 1597. Impossibility, what deemed to be possible, § 1597. Lawful, unlawful in part, effect of, § 1599. Liquidated damages, §§ 1670, 1671. Menace consists in what, § 1570. Mistake may be of fact or law, § 1576. Mistake of fact, what is, § 1577. Mistake of foreign law is mistake of fact, § 1579, Mistake of law, what is, § 1578. Object of, is what, § 1595. Object of, to be lawful and possible, § 1596. Object lawful, essential, § 1550. Object of, must be lawful, §§ 1596, 1598, 1599. Object of, must be ascertainable, §§ 1596, 1598. Object of, must be possible, §§ 1596, 1598. Parties, identification of necessary, § 1558. Public policy, contracts against, §§ 1667, 1668. Restraint of marriage, in, void, § 1676. • Undue influence defined, § 1575. Unlawful, guarantor not liable if contract is, § 2810. Unlawful in part, effect of, § 1599. Unlawful, when, §§ 1667, 1668. Void, because unlawful, impossible, unascertainable, §§ 1598, 1599. Void, contract fixing damages, effect of, §§ 1670, 1671. Void, contract to relieve directors or trustees from lia- bility. § 327. Void in part, § 1599. Void, as to principal, liability of guarantor where contract is, § 2810. VII. Construction of. Conflict of laws, law governing, § 1646. Construed against promisor, § 1654. Effect to be given to every part, § 1641. Erroneous parts disregarded, when, § 1640. Explaining by circumstances, § 1647. Explaining by matter to which it relates, § 1647. Failure to express real intention through fraud, acci- dent or mistake, § 1640. Giving effect preferred, § 3541. Implied, necessary incidents are, § 1656. 882 CONTRACTS, VII, VIII. Implied, reasonable stipulations may be, § 1655. Inconsistent words rejected, § 1653. In favor of contract, § 1643. In general, § 1636. In sense promisor believed promisee relied, § 1649. Intention ascertained from language, § 1638. Intention ascertained from writing, § 1639. Intention, giving effect to, § 1636. Intention, rules for ascertaining, § 1637. Interpreted to give effect to mutual intent, § 1636. Joint and several, when is, § 1659. Language to govern, § 1638. Law governing, § 1646. Law of place, § 1646. Particular clause, subordinate to general intent, § 1650. Partly printed, partly written contract, § 1651. Printing and writing, conflict between, § 1651. 'Reasonable, must be, § 3542. Repugnances reconciled, bow, § 1652. Repugnancy between original part and copied part, § 1651. Restricting to evident object, § 1648. Several contracts taken together, when, § 1642. Technical words, §§ 1644, 1645. Time of performance, § 1657. Uncertainty most strongly against whom, § 1654. Uncertainty presumed caused by whom, § 1654. Uniformity of, whether public or private, § 1635. Whole contract to be taken together, § 1641. Words having special meaning by usage, § 1644. Words in usual sense, § '1644. Writing disregarded, when, § 1640. VIII. Performance. 1. Generally. Application of general, § 1479. Condition concurrent, § 1498. Condition precedent, § 1498. Condition precedent, when necessary, § 1439. In mode directed by creditor, sufficient, § 1476. Offer of performance stops interest, § 1504. Payment, when called, § 1478. CONTRACTS, VIII. 833 Performance of conditions of proposal, on acceptance, § 1584. 2. Time of. Time of, § 1657. Essence of contract, § 1492. Holiday, when time for falls on, § 11. 3. Excuse, -prevention or waiver of. Act of God excuses performance, § 1511. Excused how, § 1511. Excused when, §§ 1440, 1473. Prevention, effect of, §§ 1512, 1514. Refusal to accept, before offer, § 1515. Waiver of demand of performance by refusal to per- form, § 3004. 4. Offer of. Ability and willingness, when equivalent to, § 3130. Compensation for delay, with, § 1492. Concurrent conditions, of, when necessary, § 1439. Effect of, on accessories of obligation, § 1504. Exonerates surety, by any person, § 2839. Extinguishes obligation, § 1485. Extinguishes obligations for payment of money, when, § 1500. Good faith, to be in, § 1493. Lien redeemed by, § 2905-. Objections to mode, when waived, § 1501. Partial, §§ 1486, 1524. Party must be able and willing to perform, § 1495. Passes title to personal property under executory agreement of sale, § 1141. Produced, thing offered need not be, § 1496. Receipt may be required upon, § 1499. Refusal to accept performance before, § 1515. Separate, thing offered to be kept, § 1497. Unconditional, must be, § 1494. Vests in creditor, thing offered, §§ 1502, 1503. What excuses, § 1511. When excused, § 1440. When made, §§ 1490, 1491. Where made, §§ 1488, 1489. Whom made by, § 1487. Whom made to, § 1488. •84 CONTRACTS, VIII, IX, X— CONTRIDUTION. 5. Fartial. Effect of, § 1477. Extinguishes obligation when, § 1524. Guarantor, effect on, of principal's accepting, § 2822. Lien, does not extinguish, § 2912. Makes oral contract of sale valid, § 1741. Offer of, § 1486. IX. Alteration; cancellation; release; extinction. Alteration of duplicate, § 1701. Alteration of verbal, consideration, § 1697. Alteration of written, § 1698. Alteration, unauthorized, extinction by, § 1700. Alteration of: See Alteration. ^'' Cancellation, extinction by, § 1699. Cancellation of instruments, §§ 3412-3414. Cancellation of: See Cancellation. Destruction, extinction by, § 1699. Extinguished, how, § 1682. Extinction by alteration, § 1700. Extinction by cancellation, §§ 1699, 1700. Release of obligation, §§ 1541-1543. X. Actions on; liability under. Assuming obligation by accepting benefits, § 1589. Benefit, one taking, must bear burden, § 3521. Damages, measure of, for breach of, § 3300. Damages, measure of, for breach of contract to pay liquidated sum, § 3302. Damages must be certain, § 3301. Damages, nominal, when recoverable, § 3360. Damages,, reasonable, only recoverable, § 3359. Damages: See Damages. Proof of execution of instrument not acknowledged, how made, § 1195. Proof of instrument: See Instrument. Relief, specific and preventive, § 3274. Third person, enforcing contract for benefit of, § 1559. CONTRIBUTION: See Suretyship. Between joint or joint and several obligors, § 1432. General average loss, to, § 2152. Insurance cases, in, §§ 2621, 2622, 2642, 2745. Release of joint debtor rs affecting right to, § 1543. Surety's right to, § 28i^. CONTRIBUTORY NEGLIGENCE — CONVEYANCE. 835 CONTRIBUTORY NEGLIGENCE: See Negligence. CONTROLLER OF STATE, corporation to transmit selec- tion of right of way to, § 478. Duty where property escheats to state, § 1406. CONVERSION, damages for, §§ 3336, 3337, 3338. Equitable, when takes place, § 1338. In general, §§ 1712, 1713. Lien extinguished by, § 2910. One guilty of, must restore property, § 1712. Restoration to be without demand except in cases of mistake, § 1713. CONVEYANCE: See Deeds; Transfers. After-acquired title passes, § 1106. Agent may give covenant of warranty, § 2324. Agreement to convey, covenants, §§ 1733, 1734. Agreement to convey, effect of, § 1731. Agreement to convey, specific performance, § 1741. Agreement to convey, statute of frauds, § 1741. Attorney in fact, how to execute, § 1095. Bona fide purchaser or incumbrancer, rights of subse- quent, § 1107. Cancellation of grant does not retransfer title, § 1058. Cancellation of instruments, in general, §§ 3412-3414. Certificate of proof of execution, what to state, § 1200, Changed names, by persons with, § 1096. Community, wife's consent, § 172. Conclusive, as to parties and privies, how far, § 1107. Condition precedent, grant on, effect of, § 1110. Conditions subsequent, reconveyance on non-perform- ance, § 1109. Conditions in: See Conditions. Constructive delivery, § 1059. Covenants, agent's authority to give, § 2324. Covenants, agreement to give, § 1733. Covenants, form of, § 1734. Covenants implied, § 1113. Covenants running with land, §§ 1460-1468. Covenants, who bound by, and who not, §§ 1465, 1466. Damages for breach of agreement to buy, § 3307. Damages for breach of agreement to convey, § 3306. Damages for breach of covenants, § 3304. 8S6 CONVEYANCE. Damages for breach of covenant against incumbrances, § 3305. Date of delivery, presumption as to, § 1055. Deemed mortgage, when, § 2924. Defined, § 1215. Delivery constructive, when, § 1059. Delivery, date of, presumption as to, § 1055. Delivery in escrow, § 1057. Delivery must be absolute, § 1056. Delivery necessary, § 1054. Delivery to grantee or agent cannot be conditional, § 1056. Easements pass with, § 1104. Incumbrance includes what, § 1114. Escrow, definition, § 1057. Escrow, delivery in, § 1057. Executed before code, §§ 1205, 1206. Execution of, how proved when not acknowledged, § 1195. Execution may be proved by handwriting when, § 1198. Fee presumed to pass, § 1105. Fee, words of inheritance unnecessary to, § 1072. Form of, § 1092. Fraudulent, §§ 1227-1231. Fraudulent: See Fraudulent Conveyance. Grant includes what, § 1053. "Grant," covenants implied from use of word, § 1113. Heirs, and issue, interpretation of, § 1071. Heir's conveyance good, unless will proved or notice of devise filed within four years, § 1364. Highway, transfer bounded by, passes what, § 1112. Homestead conveyed, how, § 1242. Incidents follow thing transferred, § 1084. Incidents, transfer of, does not pass principal thing, § 1084. Infant's, § 33. Inheritance, words of, not necessary, § 1072. Interest subsequently acquired passes by operation of law, § 1106. Interpretation against grantor, § 1069. Interpretation, grant by public in favor of grantor, § 1069. CONVEYANCE. 837 Interpretation of heirs and issue, § 1071. Interpretation of, in general, § 1066. Interpretation of, irreconcilable provisions, § 1070. Interpretation of limitations, § 1067. Interpretation, recourse to recitals, § 1068. Interpretation, reservation, in favor of grantor, § 1069. Irreconcilable provisions, interpretation, § 1070. Issue and heirs, interpretation of, § 1071. Judgment proving instrument, § 1204. Lien for unpaid price, vendor has, § 3046. Lien of vendee, § 3050. Lien of vendor, §§ 3046-3048. Lien of vendor, against whom valid, § 3048. Lien of vendor, transfer of contract waives, § 3047. Limitation in, how controlled, § 1067. Married woman's acknowledged, how, § 1093. Married woman's power of attorney acknowledged how, § 1094. Mining property, sale of, p. 752, Stats. Mortgage, transfer deemed a, § 2924. Operation of law, by, § 1091. Operation of law, subsequently acquired title passes by, § 1106. Owner for life, by, § 1108. Owner for years, by, § 1108. Power of attorney by married woman, § 1094. Proof of, action for, and effect of the judgment, §§ 1203, 1204. Proof of execution, certificate of, § 1200. Recitals resorted to in interpretation, when, § 1068. Reconvey, surrendering or canceling grant does not, § 1058. Record as notice, § 1213. Record as notice, curative act, § 1207. Recording: See Recording. Re-delivery does not re-transfer title, § 1058. Remainders, of, attornment, § 1111. Rents, of, attornment, § 1111. Requisites of, § 1091. Reservation interpreted in favor of grantor, § 1069. Reserving power of revocation, §§ 1229, 1230. Reversions, of, attornment, § 1111. 838 CONVEYANCE— CORPORATIONS. Revocation, reserving power of, §§ 1229, 1230. Statute of frauds, §§ 1091, 1624. Stranger, grant may inure to, § 1085. Subscribing witnesses, manner of proving, by, §§ 1196- 1199. Title, what passes, § 1083. Unrecorded, good between parties, § 1216. Unrecorded, void as to whom, § 1214. Warranties, liability on, § 1115. Warranties, lineal and collateral abolished, § 1115. Warranty, agent may give covenant of, § 2324. What law governs where made before code, §§ 1205, 1206. Will, effect on, §§ 1301, 1303, 1304. Words of inheritance not necessary, § 1072. Writing, what transfers to be in, § 1091. See Deeds; Transfers. CO-OPERATIVE ASSOCIATION: See Associations; Bene- fit Societies; Boards of Trade; Mechanics' In- stitutes; Pioneer Society; Protective Associa- tions. Act providing for incorporations, operation and man- agement of, p. 694. Benefit and relief associations, act relating to, p. 678, Stats. Building and loan associations, act governing, p. 681. CORPORATIONS. I. Definitions; nature and kinds of. II. Effect of code on; continuance under; amend- ment or repeal of law. III. Formation and organization; name of. IV. Articles of incorporation. V. Term of existence, extension of. VI. By-laws. VII. Directors. VIII. Officers other than directors; employees. IX. Elections. X. Meetings. XI. Records, books and journals. XII. Powers; contracts; changing residence; bonded debt; transferring business, property or fran- chises. CORPORATIONS. 839 XIII. Stock and stockholders; personal liability. XIV. Dividends. XV. Assessments. XVI. Actions against; sale of franchise under execu- tion. XVII. Dissolution; non-user; examining into affairs; attack upon. XVIII. Foreign. Agricultural fair corporations: See Agricultural Fair Corporations. Associations: See Asociations. Banking: See Banking Corporations. Benefit societies: See Benefit Societies. Benevolent: See Religious and Social Corporations. Boards of trade: See Boards of Trade. Bridge: See Bridge, Ferry, Wharf, Chute and Pier Corporations. Building and loan: See Building and Loan Corpora- tion. Cemetery: See Cemetery Corporation. Chambers of commerce: See Chambers of Commerce. Chute: See Bridge, Ferry, Wharf, Chute and Pier Corporations. Colleges: See Colleges. Co-operative associations: See Co-operative Associa- tions. Corporation sole: See Corporation Sole. Ferry: See Bridge, Ferry, Wharf, Chute and Pier Corporations. Fraternal: See Religious, Social and Benevolent Cor- porations. Friendly: See Friendly Society. Homestead: See Homestead Corporation. Insurance: See Insurance Corporation. Irrigation: See Water and Canal Corporations. Land and building: See Building and Loan Corpora- tion. Mechanics' institutes: See Mechanics' Institutes. Mining corporations: See Mines and Mining. Pier: See Bridge, Ferry, Wharf, Chute and Pier Pier Corporations. Pioneer associations: See Pioneer Associations. •40 CORPORATIONS, I, II, III. Profit, associations for purposes other than: See Re- ligious, Social and Benevolent Corporations. Protective associations: See Protective Associations. Railroad: See Railroad Corporations; Street Railv^ay Corporations. Religious, etc.: See Religious, Social and Benevolent Corporations. Savings and loan: See Savings and Loan Corporations. Social: See Religious, Social, and Benevolent Cor- porations. Street railway: See Street Railway Corporations. Telegraph: See Telegraph Corporation. Telephone: See Telephone Corporation. Wagon road: See Wagon Road Corporations. Water and canal: See Water and Canal Corporations. Wharf: See Bridge, Ferry, Wharf, Chute and Pier Corporations. I. Definitions; nature and kinds of. A person, § 14. Classes of, § 284. Defined, § 283. Definitions, public and private, § 284. "Person" includes corporation, § 14. Private, defined, § 284. Public, defined, § 284. Public and private, distinguished, § 284. Purposes, may be formed for any, § 286. II. Effect of code on; continuance under; amendment or repeal of law. Amendment or dissolution of laws, effect on rights and remedies against, § 384. Code provisions, to what corporations apply, § 403. Continuance under code, proceedings for, § 287. Existing, not affected by code, § 288. Legislature may repeal or amend laws relating to, § 384. Provisions of code, to what corporations apply, § 403. III. Formation and organization; name of. Formation complete, when, § 296. Formed for any purpose, § 286. Formed how, § 285. CORPORATIONS, III, IV. 841 Formation, majority of persons forming to be residents, § 285. Name, change of, copy of decree to be filed with secre- tary of state, § 300a. Name, prohibitions in regard to, § 296. Name of instrument creating, § 289. Organization to be within one year, § 358. IV. Articles of incorporation. Amending, right of, § 362. Amending articles or certificate of incorporation, ef- fect of, § 362. Amending articles or certificate of incorporation, limi- tations on, § 362. Amending articles or certificate of incorporation, mode of, § 362. Amendment, defects in articles cannot be cured by, § 362. Amendment of articles, capital stock cannot be dimin- ished by, § 362. Certificate that articles are filed, § 296. Certified copy of, prima facie evidence, § 297. Copy to be filed in county where property purchased or held, § 299. Filed, time within which to be, § 299. Filing, amount required to be paid in, § 293. Filing, damages for failure to file copy of In county where property held, § 299. Filing in wrong county, effect of, § 363. Filing in wrong, proceedings for withdrawal and re- filing in proper county, § 363. Filing, prerequisites to, §§ 293, 294. Qualifications of signers, § 292. Filing, to be filed with county clerk and secretary of state, § 296. Instrument creating called, § 289. Not to issue until aflldavit of subscription filed, § 295. Number of subscribers, § 292. Stock subscribed, articles to set forth amount of, § 290, Subscription, amount of, as prerequisite to filing ar- ticles, § 293. Subscription and acknowledgment of, § 292. To contain what, §§ 290, 291. Civ. Code — 36 842 CORPORATIONS, V, VI, VII. V. Term of existence; extension of. Extension of existence, filing certificate of, § 401. Extension of existence, limited to fifty years, § ^01. Extension of existence, how effected, S 401. Term of existence, § 290. VI. By-laws. Amended how, § 304. Book of, to be ojpen to inspection, § 304. Delegating power relating to, to directors, § 304. How adopted and by whom, § 301. May provide for what, § 303. . New, adopting of, § 304. Penalty for violating, § 303. Proceedings for adoption of, § 301. Quorum of stockholders, by-laws may provide for, § 303. Recording, § 304. Recorded how, § 304. Repealed how, § 304. Time for adoption of, § 301. To be certified, § 304. To be certified and copied in book of records before effective, § 304. VII. Directors. Contracts to relieve from liability, void, § 327. Election of new, on removal of old, § 310. From whom chosen, § 305. Inhibitions on, § 309. Majority a quorum, § 308. Majority of quorum control, § 308. Majority must be citizens of state, § 305. May be removed by two-thirds vote, § 310. Must perform duties, § 308. Number of, §§ 290, 305. Organization of board of, 308. Personal liability, § 309. Personal liability, limitation of actions on, § 309. Quorum necessary to transact business, § 305. Removal from office, proceedings for, § 310. To be stockholders or members, § 305. Trustees, contract to relieve from liability void, § 327. Vacancy filled how, § 305.. Who may be, § 305. CORPORATIONS, VIII, IX, X. 843 VIII. Officers other than directors; employees. False certificates, reports, or notices, officers liable for, § 316. Frauds and misrepresentations by officers, penalty for, p. 695, Stats. 1877-8. Vacancies may be filled at meetings called by consent, § 318. Wages, assignment by employee, act relating to, p. 700. Wages, manner of payment of, p. 700, Stats. Wages of laborers and mecnanics, act providing for, § 699. IX. Elections. Adjournment of, § 314. By-laws may prescribe rules of, § 303. Complaints respecting and proceedings thereon, § 315. Conduct of, § 307. Cumulative voting, § 307. Cumulative voting, election void if right of, denied, § 307. Cumulative voting, provisions apply to corporations formed outside of state, § 307. Eligibility of voters, § 312. Lunatic's stock represented how, § 313. Majority of stock, what constitutes where stock held by corporation, § 344. Majority of subscribed capital stock or members to be represented, § 312. Minor's stock represented how, § 313. New directors, election of on removal of old, § 310. Not held at appointed time, calling another, §§ 312, 314. Notice of, § 302. Stock of decedent represented by executor, § 313. Time for, where no provision in by-laws, § 302. Voidable when and how set aside, § 312. Votes avoided how, § 312. Voting, manner of, § 307. Voting, manner of v/here no capital stock, § 607. Voting may be by proxy or in person, § 307. Who may vote, § 312. X. Meetings. Adjournment of, § 312. 814 CORPORATIONS. X, XI, XII, Application to justice of peace to call, § 311. Ayes and noes to be taken and entered on request, § 377. By consent is valid, § 317. By consent, what proceedings may be transacted, § 318. By-laws may provide for, § 303. Justice of peace may direct calling, when, § 311. Notice of meetings to be published in what papars, § 303. Notice of meeting to create or increase bonded indebt- edness, § 359. Notice of meeting to increase or diminish capital stock, § 359. Notice of meeting to remove directors, § 310. Protests of members to be entered on request, § 377. Special, when and how called where no provision in by-laws, § 320. To be held ..here, § 319. Where all members present and consent, § 317. XI. Records, books and journals. Book, stock and transfer, how kept, § 378. Book of directors and stockholders, keeping for in- spection, § 321. Journal of proceedings, what and how kept, § 377. Record of ayes and noes and protests to be entered on request, § 377. Records, of what and how kept, § 377. Records, stock and transfer book, how kept, § 378. Records to be open for inspection, §§ 377, 378. XII. Powers; contracts; changing residence; bonded debt; transferring business, property or fran- chises. Acknowledgment by, prerequisites to taking, § 1185. Act authorizing corporation to own business house, p. 710. Bequests to, restrictions on power to make, § 1313. Bonded indebtedness, proceedings to create or in- crease, § 359. Bonds, corporations for giving, act relating to, p. 680. Bonds, restrictions upon issue of, § 359. Business or property, transfer of as a whole, consent of two thirds of stockholders, § 361a. CORPORATIONS, XII. 845 Business or property, transfer of as a whole, consent of stockholders, how expressed, § 361a. Change of principal place of business, corporation has right of, § 321a. Change of principal place of, proceedings on, § 321a. Change of principal place of business, filing of resolu- tion authorizing, with aflBdavit of publication of notice, § 321a. Consolidated bonded indebtedness by several corpora- tions, creation of, § 359. Consolidated bonded indebtedness by several corpora- tions, limitation upon, § 359. Consolidation of debts by corporations other than for profit, § 605, Debts beyond subscribed capital stock, directors must not create, § 309. Executor, receiver, trustee, etc., act authorizing cor- poration to act as, p. 702. Foreign country, sale of property, franchises or conces- sions in, § 364. Form of acknowledgment by, § 1190. Franchise, transfer of, consent of stockholders holding two thirds of issued capital stock necessary, § 361a. Franchise, transfer of, consent of stockholders, how expressed, § 361a. Misnomer of, does not invalidate instrument, § 357. Powers of, banking prohibited, § 356. Powers of, enumeration of, § 354. Powers of, limitation on, § 355. Real property, corporation may acquire, and how much, § 360. Real property, how acquired, § 360. Realty on which business carried on, how acquired, § 363. Realty on which business carried on, right to acquire and improve, § 363. Sale of franchises, concessions or property in foreign country, § 364. Seal affixed, how, § 1628. Will, power to take, under, § 1275. Will, whether may take under, § 1275. S46 CORPORATIONS. XIII. XIII. Stock and stockholders; personal liability. Capital stock, articles to set forth amount of, § 290. Capital stock, division of, among stockholders, § 309. Capital stock, increasing and diminishing, manner of, § 359. Capital stock, increasing and diminishing, proceedings for, § 359. Capital stock, reducing or increasing, restrictions on, § 309. Capital stock, cannot be diminished by amendment of articles, § 362. Capital stock, withdrawing, restrictions on, § 309. Certificates, false, officers liable for, § 316. Certificates of stock, how and when issued, § 323. Married woman, dividends payable to, § 325. Married woman may give proxy or power as if sole, § 325. Married woman, transfer of stock by, § 325. Members are who, § 298. Members, personal liability of where no capital stock, § 322. Stock and transfer book, how kept, § 378. Stock and transfer book to be kept, § 378. Stock, diminishing, proceedings on, § 359. Stock, increase of, proceedings on, § 359. Stock, majority, what is, where stock is held by cor- poration, § 344. Stock, subscription to, affidavit of, § 295. Stockholders are who, §§ 298, 322. Stockholder, guardian or trustee's liability as, § 322. Stockholder, married woman may give proxy or power as if sole, § 325. Stockholders' personal liability, creditor may institute joint and several actions, § 322. Stockholders' personal liability does not extend to what persons, § 322. Stockholders' personal liability extends to what per- sons, § 322. Stockholders' personal liability, foreign corporation, § 322. Stockholders' personal liability, funds in guardian's hands, liability of, § 322. CORPORATIONS, XIII, XIV, XV. 847 Stockholders' personal liability, how enforced, § 322. Stockholders' personal liability, in general, § 322. Stockholders' personal liability, measure of, § 322. Stockholders' personal liability not released by trans- fer of stock, § 322. Stockholders' personal liability released on payment of his proportion, § 322. Stockholders' personal liability released when, and when not, § 322. Stockholders' personal liability, trust fund's liability for, § 322. Stockholders' personal liability when a guardian or trustee, § 322. Stockholders, who are, § 322. Stockholders, who are not, §§ 298, 322r. Tax on issue of certificates of stock, act providing for repealed, p. 774, Stats. Transfer of shares does not release stockholder's lia- bility, § 322. Transfer of shares, manner of, § 324. Transfer of shares of married woman, § 325. Transfer of shares, to be entered on books, § 324. Transfer of stock by non-resident, giving bonds, § 326. Transfer of stock by non-resident, how effected, § 326. XIV. Dividends. Not to be declared on stock belonging to the corpora- tion, § 343. Payable to married women, § 325. To be made only from surplus profits, § 309. XV. Assessments. Action to recover delinquent, § 349. Directors may levy, when and for what, § 331. Jurisdiction to sell acquired by publication of notice, § 340. Limitation on power of, § 332. Notice of delinquent, contents of, § 338. Notice of delinquent, § 337. Notice of delinquent, publication of, § 339. Notice of, form, §§ 335, 337. Notice of, service and publication of, § 336. Not to be invalidated by what irregularities, § 346. 848 CORPORATIONS, XV, XVI, XVlI. Not to be levied upon stock owned by the corporation, § 343. Not to be levied while previous one unpaid, unless» § 333. Order for, to contain what, § 334. Payment before sale da;^, what to be paid in addition to assessment, § 341. Proceedings for, to be begun anew, when, § 346. Publication of, affidavits to be filed, § 348. Publication of notice, affidavits are prima facie evi- dence, § 348. Publication of notice proved, how, § 348. Sale, action to recover such stock, § 347. Sale, action to recover, tender of assessment, § 347. Sale, corporation may buy in default of bidders, §343. Sale, disposition of stock bought by corporation, § 344. Sale, extension of time for, § 34i. Sale, highest bidder is purchaser, § 342. Sale, jurisdiction acquired, how, § 340. Sale, no more stock than necessary to be sold, § 340. Sale, to pay, §§ 340-349. Sale, waiver of, and suit to recover assessment, § 349. Sale, to be by public auction, § 341. Sale, to pay transfer of stock to purchaser when sold to pay assessment, § 342. XVI. Actions against; sale of franchise under execution. Execution sale of franchise, corporation retains powers, § 391. Execution sale of franchise, damages, recovery by purchaser, § 390. Execution sale of franchise, purchaser may recover penalties, etc., § 390. Execution sale of franchise, purchaser, rights of, § 390. Execution sale of franchise, purchaser to be let into possession, § 389. Execution sale of franchise, purchaser to transact business of corporation, § 389. Execution sale of franchise, where held, § 393. Franchise, redemption of, from execution sale, § 392. XVII. Dissolution; non-user; examining into affairs; attack upon. Attorney-general examining into, powers of, § 382. CORPORATIONS, XVII, XVIII — COSTS. 849 Attorney-general may examine into, when, § 382. Collateral attack, not open to, § 358. Collateral attack on, § 358. Dissolution by legislature does not affect rights and remedies against, § 384. Dissolution, involuntary, code provisions governing, § 399. Dissolution of, by legislature, and its effect, § 384. Dissolution of, directors trustees for creditors and stockholders, § 400. Dissolution, power of directors, § 400. Dissolution, reservation by legislature of power of, § 384. Dissolution, voluntary, code provisions governing, § 399. District attorney examining into, powers of, § 382. District attorney may examine into, when, § 382. Examination into, by legislature, § 383. Examination into affairs of, by attorney-general or district attorney, § 382. Examination into, how made by attorney-general or district attorney, § 382. Non-user, dissolution for, § 358. Non-user, proceedings to be instituted by attorney- general, § 358. Non-user, who may question right of corporation, § 358. Quo warranto, § 358. Trust companies, dissolution and winding up of, p. 676, Stats. XVMI. Foreign. Designation of person upon whom process may be served, p. 711 Stats. Fees required of, p. 712, Stats. Filing of articles of incorporation, p. 712, Stats. Provisions as to cumulative voting, apply to, § 307. Railroad companies authorized to do business on equal terms, p. 764, Stats. Stockholders' personal liability, § 322. CORPORATION SOLE, religious societies may become, when, § 602. COSTS, divorce, of, § 137. Homestead, of appraisement, § 1259. 860 COSTS-COVENANTS. Homestead, of proceedings to subject to creditors' demands, § 1259. Indemnity against, § 2778. COTENANCY, between devisees, § 1350. Between husband and wife, § 161. See Tenancy in Common. COTERMINOUS OWNER, mutual obligations of, S 841. Rights to lateral support, § 832. Rights to line trees, § 834. COUNTY, articles of incorporation, filing in wrong county, effect of, and proceedings on, § 363. County fire insurance companies, p. 732, Stats. Marriage settlement to be recorded in what, § 179. Mortgage of personal property to be recorded in what, § 2959. Mortgage property in transit deemed located in what, § 2960. Property of common carrier deemed to be in what, § 2961. COUNTY CLERK: See Clerk. COUNTY RECORDER, acknowledgment, may take, §1181. See Recording. COURT COMMISSIONER, acknowledgment, may take, § 1181. COVENANTS, agent's authority to give, § 2324. Agreements to give, usual, includes what covenants, §§ 1733, 1734. Apportionment of, § 1467. Damages for breach of, § 3304. See Damages. Form of, § 1733. Implied in transfer of land, § 1113. May inure to stranger^ § 1085. Quiet possession, for, in hiring, §§ 1927, 1955. Running with land, §§ 1460-1468. Running with land, covenants for direct benefit of property run, § 1462. Running with land, defined, § 1460. Running with land, only those specified in code run, § 1461. COVENANTS — CREDITOR. 851 Running with land, what are generally, § 1460. Running with land, what covenants run, § 1463. Running with land, what run when assigns are named, § 1464. Running with land, who bound by, and who not, §§ 1465, 1466. Running with land, who not liable for breach, § 1466. CREDIT, agent accepting, liable as principal, § 2343. Agent, to, exonerates principal, § 2335. Auctioneer not to give, except, § 2362. Factor may give, except, § 2368. Factor's sales on, § 2028. Shipowner's, master may borrow on, § 2374. Ship's manager cannot borrow, § 2389. CREDITOR: See Assignment for Creditors; Credit; Debtor. Acceptance by, necessary to satisfaction, § 1473. Acceptance of accord, § 1523. Acceptance of part performance, § 1524. Appraisement of homestead on petition of judgment, § 1245. Application of performance by, § 1479. Avoid act of debtor, when, only can, § 3441. Contracts of debtor valid against, when, § 3431. Debtor may prefer, when, § 3432. Definition of, § 3430. Effect of prevention of pei'formance by, § 1512. Effect of refusal to accept performance, § 1515. Gift causa mortis treated as legacy, when, § 1153. Guarantor, liable to, when, § 2807. Guarantor not exonerated by discharge of debtor without act of, § 2825. Guarantor not exonerated by mere delay of, § 2823. Guarantor not exonerated by voidable promise of, S 2820. Guarantor, when exonerated, § 2819. Guarantor, when partially exonerated, § 2822. Guarantor with indemnity, when not exonerated, § 2824. Homestead, when to pay expenses of appraisement of, § 1259. Lien void against, when, § 2913. 852 CREDITOR. Marshaling of assets, § 3433. Mortgage of personal property, when void against, § 2957. Mortgagor of, remedy of, § 2968. Novation, how made, § 1531. Novation, may rescind, when, § 1534. Objections to offer of performance, § 1501. Obligation of, as to thing offered which he refuses to accept, § 1505. Offer of performance at place appointed by, § 1489. Offer of performance so as to benefit, § 1493. Offer of performance to, § 1488. Order of resort to funds, § 2899. Partner cannot make assignment for, § 2430. Partner, liability of after dissolution to, § 2453. Partner, special may be, § 2491. Partner, special postponed to other, § 2491. Performance excused, if prevented by, § 1511. Performance in manner directed by, § 1476. Perfoi'mance to one of several joint, § 1475, Preference to, in insolvency, void, § 2496. Receipt by, § 1499. Relative rights of creditors, § 3433. Release by, § 1541. Release by, effect of, general, § 1542. Special partner, when liable, as general partner, to, § 2502. Surety entitled to securities held by, § 2849. Surety exonerated by refusal to sue, § 2845. Surety exonerated by what act or omission of, § 2840. Surety, how far liable, § 2838. Surety may enforce remedies of, when, § 2845. Surety's securities, entitled to benefit of, § 2854. Title of thing offered passes to, when, § 1502. Transfer for benefit of, to be recorded, § 1164. Transfer of debtor void against, when, §§ 3439, 3440. Transfer without value not void, §§ 3442, 3449, 3466, 3469. Trust, absolute, in favor of subsequent, § 869. Trust fund, how far liable to, § 859. Trusts for benefit of, § 857. Witness to will, as, § 1282. d CROPS — DAMAGES. 853 CROPS, lien of mortgage on continues after severance, § 2972. Mortgage of, § 2955. Tenant's right to harvest, § 819. CRUELTY, apprenticeship annulled for, § 276. Defined, § 94. Divorce, as ground for, §§ 92, 98, 146. CUBIC AIR LAW, statute relating to, p. 743. CUMULATIVE voting, § 307. CURATIVE ACTS. Act curing defective execution or acknowledgment of instrument, § 1207; p. 665, Stats. CURRENT MONEY, borrower to pay in, § 1913. CURTESY not allowed, § 173. CUSTODY, children of annulled marriage, § 85. Children of, rules for awarding, § 246. Children of: See Divorce; Parent and Child. Thing offered in performance of obligation, § 1503. DAMAGES, acknowledgments, § 1201. After suit brought, § 3283. Agent's authority, breach of warranty, damages for, § 3318. Animals, for injuries to, § 3340. Breach of agreement to buy personalty, for, § 3311. Breach of agreement to buy realty, for, § 3307. Breach of agreement to convey realty, for, § 3306. Breach of agreement to pay for personalty sold, for, § 3310. Breach of agreement to sell personalty, for, §§ 3308, 3309. Breach of covenant against incumbrances, for, § 3305. Breach of covenants in deed, for, § 3304. Breach of promise of marriage, for, § 3319. Breach of warranty of quality for special purpose, for, § 3314. Breach of warranty of quality of personalty, for, § 3313. Breach of warranty of title to personalty, for, § 3312. Carrier of messages, refusal to receive, or delay in delivering, § 2209. 854 DAMAGES. Carrier's delay, for, § 3317. Carrier's obligation to deliver, for breach of, § 3316. Carrier's obligation to receive, for breach of, § 3315. Certain, must be, § 3301. Chose in action, presumption as to value of, § 3356, Compensation defined, § 3274. Contract fixing, §§ 1670, 1671. Conversion, for, §§ 3336-3338. Detriment defined, § 3282. Dishonor of foreign bill, for, §§3234-3238, 3303. Dogs killing goats, sheep or poultry, liability of owner, § 3341. Duel, injuries inflicted in, §§ 3347, 3348. Employing materials belonging to another, for, § 1033. Exemplary, damages prescribed in code are exclusive of, § 3357. Exemplary, for injury to animals, § 3340. Exemplary, infant's liability for, § 41. Exemplary, lunatic's liability for, § 41. Exemplary, when recoverable, in general, § 3294. Failure to quit by tenant after notice, treble rent, § 3345. Fire, for negligently setting, § 3346a. Forfeiture, relief in cases of, § 3275. Future injuries, for, § 3283. Gas, refusal to furnish, § 629. Guardian's holding over, for, § 335. Holding over by tenant, treble rent, § 3345. Holding over, for willful, § 335. Innkeeper, for failure to post charges, § 1863. Interest as, §§ 3287-3290. Interest, damages prescribed in code are exclusive of, § 3357. Interest on, § 3287. Killing sheep by dogs, for, § 3341. Lienor's, for conversion, § 3338. Limitation on amount of, § 3358. Liquidated, §§ 1670, 1671. Liquidated, not bar to specific performance, § 3389. Liquidated sum, for breach of contract to pay, § 3302- Market value, §§ 3353, 3354. DAMAGES — DATE. 855 Measure of, for breach of contract, § 3300. Measure of, for breach of contract to pay liquidated sum, § 3302. Measure of, in various cases, §§ 3300-3341. Mortgagee's liability for refusal to give certificate of discharge, § 2941. Must be certain, § 3301. Nominal, when recoverable, § 3360. Obligations not arising out of contract, damages for, § 3333. Penal, §§ 3344-3348. Railroad, liability for refusing to provide ticket, § 490. Railroad, overcharge by, § 489. Reasonable, to be, § 3359. Relief, in general, § 3274. Sales, value how estimated, §§ 3353, 3354, 3355. Seduction, for, § 3339. Sheep killed by dogs, for, § 3341. Specific relief: See Specific Relief. Telegraph property, damages for malicious injury to, § 538. Tenant liable for treble rent, when, §§ 3344, 3345. Tenant's failure to quit after notice, treble rent, § 3344. Thing in action, presumption as to value of, § 3356. Timber, for injury to. § 3346. Trees, for injury to, § 3346. Trust, damages for breach of, §§ 2237, 2238. Trustee's holding over, for, § 3335. Value, how estimated in favor of buyer, § 3354. Value, how estimated in favor of seller, § 3353. Value, how estimated where property of peculiar value, § 3355. Value of thing in action, § 3356. Who entitled to, in general, § 3281. Written instrument, presumption as to value of, S 3356. Wrongful occupation of realty, for, § 3334. Wrongs, for, generally, § 3333. See Specific Relief. DATE, delivery of deed, presumption as to, § 1055. Negotiable instrument, not necessary in, § 3091. 856 DAYS— DEBT. DAYS, counted, in computing time, § 10. Business, are what, § 9. Grace, of, not allowed, § 3181. Holidays, are what, §§ 7, 8. DEATH, chose in action, survival of, § 954. Devisee, of, before testator, § 1344. Devisee or legatee, of, before testator, §§ 1310, 1343. Distribution of common property on, of husband, S 1402. Distribution of common property on, of wife, § 1401. Effect of on hiring, § 1934. Employer or employee, death of, §§ 1996-1998. Execution of power, where one of persons in whom vested dies, § 860. Gift in view of: See Gift. Heir advanced to, of, before devisor, § 1399. Husband and wife, of, effect on, homestead, § 1265. Joint employee, death of, duty of survivor, § 1991. Joint guardian, of, § 252. Maker of instrument bearing nominal date, of, § 3094. Marriage dissolved by, § 90. Minor, of, representative may disaffirm contract, § 36. Notice of dishonor, how served after, § 3145. Notice of dishonor in ignorance of, § 3146. Of partner, dissolution, § 2450. Parent, of, leaving child unprovided, § 205. Satisfying gift or legacy before death, § 1367. Seamen, of, who entitled to wages, § 2062. Without heirs, etc., defined, § 1071. DEBT: See Creditor; Debtor. Agreement to answer for, of another, § 1624. Extinguished by offer of payment, § 1500. Homestead, liable for certain, § 1241. Husband not liable for antenuptial, § 170. Legacies, how charged with, §§ 1360, 1361. Liability of beneficiaries for testator's, § 1377. Partner in liquidation may collect, compromise, etc., § 2461. Partner may require partnership property to be ap- plied to, § 2405. Pledgee cannot sell, evidences of, § 3006. Separate property of wife liable for her own, § 171. DEBT — DECEIT. 857 Separate property of wife not liable for, of husband, § 171. Special partner, liability for, § 2501. Special partner's contribution liable for, § 2501. Stockholder, liability of, for, § 322. Testator, property of, how disposed of in payment of, § 1359. Wife, earnings of not liable for, of husband, § 168. DEBTOR: See Assignment for Creditors; Creditor; Fraudulent Conveyance. Application of general performance by, § 1479. Application of payment of interest, § 1479. Application of performance, § 1479. Contracts valid, when, § 3431. Creditor can avoid act of for fraud, when only, § 3441. Creditor is who, § 3430. Debtor is who, § 3429. Effect of directions to, as to performance by creditors, § 1476. Fraudulent misrepresentation of, as to pledge, § 2999. Guaranty, need not be written, when, § 2794. Insolvent, defined, § 3450. Joint, release of several, effect of, § 1543. Marshaling of assets, § 3433. Novation by substituting new for old, § 1531. Offer of payment or performance stops interest, § 1504. Offer of performance by or for, § 1487. Performance by joint debtor, § 1474. Performance must be made by or for, § 1473. Preferences, § 3432. Receipt, may require, § 1499. Relative rights of creditors, § 3433. Release of by creditor, effect, § 1542. Release, general, by creditor, § 1541. Rights of, upon prevention of performance, §§ 1512- 1514. Surplus of rents and profits of trust liable to creditors, when, § 859. DECEIT, an essential element of fraud, § 1572. In general, §§ 1709-1711. One willfully deceiving another, liabilty, § 1709. Renders contract voidable, § 1567. 8B8 DECEIT — DEFECT. Upon the public, effect of, § 1711. What constitutes, § 1710, When actionable, §§ 1709, 1710. See Fraud. DECK, freight not to be stowed on, § 2117. Things stowed on, general average, § 2154. DECLARATION, abandonment of homestead, of, §§ 1243, 1244. Homestead, of, effect of filing for record, §§ 1265, 1269. Homestead, of, how acknowledged, §§ 1262, 1266. Homestead, of, to be recorded, §§ 1264, 1268. Homestead, of, what to contain, §§ 1263, 1267. Marriage, of, action to compel, § 78. Marriage, of, how made, §§ 75, 76. Marriage, of, to be acknowledged and recorded, § 77. Trust, of, act in contravention to, void, § 870. Trust, of, effect of omitting in grant, § 869. Trust, of, trustee must obey, § 2258. Trust, of, what to express, § 2253. DEED, escrow, delivery in, § 1057. Cemetery coi-porations, deeds by, p. 689, Stats. Guardian appointed by, § 241. Precedent conditions, § 1110. Re-entry, when and how made, § 791. Right of re-entry can be transferred, § 1046. Surrendering or canceling of grant does not reconvey, § 1058. Time of creation of interest created by, § 749. Title deeds, to whom belong, § 994. When deemed a mortgage, §§ 2924, 2925. See Conveyance; Transfer. DEFAMATION: See Libel; Slander. How effected, § 44. ■ Right to protection from, § 43. DEFAULT, divorce by, § 130. See Statute of Frauds. DEFECT, certificate of acknowledgment, in, action to rem- edy, § 1202, Depositor must indemnify depositary for, § 1833. Lender must indemnify borrower for, § 1893. Warranty of manufacturer against latent, § 1769. Will, in description in, § 1340. DEFINITIONS. 8B9 DEFINITIONS, absolute ownership, § 679. Accord, § 1521. Actual agency, § 2299. Actual authority, § 2316. Actual notice, § 18. Adultery, § 93. Adults, § 27. Agency, § 2295. Agency, ostensible, § 2300. Agent, § 2295. Agents, general and special, § 2297, Agreement to buy, § 1728. Agreement to sell, § 1727. Agreement to sell and buy, § 1729. Annuities, § 1357. Appurtenances, § 662. Auctions, § 1792. Authority, ostensible, § 2317. Bail, § 2780. Beneficiary, § 2218. Bill of exchange, § 3171. Bill of lading, § 2126. Bottomry, § 3017. Charter party, § 1959. Chattel interests, § 765. Chattels real, § 765. Check, § 3254. Chose in action, § 953. Collateral consanguinity, § 1390. Collusion, § 114. Common carrier, § 2168. Community property, §§ 164, 687. Compensation, § 3274. Completion of appropriation, § 1417. Concealment, § 2561. Conditional devises and bequests, § 1346. Conditions concurrent, § 1437. Conditions precedent, §§ 708, 1346, 1436. Conditions subsequent, §§ 708, 1349, 1438. Condonation, § 115. Connivance, § 112. Consignee, § 2110. 860 DEPINITIONiJ. Consignor, § 2110. Constructive fraud, § 1573. Constructive notice, § 18. Contingent interests, § 695. Continuing guaranty, § 2814. Contract, § 1549. Contract of carriage, defined, § 2085. Conveyance, § 1215. Corporation, § 283. Corporations, private, § 284. Corporations, public, § 284. Covenants, running with the land, § 1460. Create debts, § 579. Creditor, § 3430. Debtor, § 3429. Demonstrative legacy, § 1357. Depose, § 14. Deposit for exchange, § 1818. Deposit for safe-keeping, § 1817, Desertion, § 95. Detriment, § 3282. Deviation, § 2694. Direct consanguinity, § 1390. Domestic navigation, § 962. Domestic ship. § 963. Dominant tenement, § 803. Double insurance, § 2641. Duress, § 1569. Employment, contract of, § 1865. Escrow, § 1057. Exchange, § 1804. Executed contract, § 1661. Executory contract, § 1661. Express contracts, § 1620. Extreme cruelty, § 94. Factor, §§ 2026, 2367. Fee, § 762. Foreign bill of exchange, § 3224. Foreign navigation, § 962. Foreign ship, § 963. Freeholds, § 765. Freight, § 2110. DEFINITIONS". 861 Freightage, §§ 2110, 2661. Future interest, § 690. General agent, § 2297. General average, § 2148. General indorsement, § 3112. General legacies, § 1357. General letter of credit, § 2861. General lien, § 2874. General partnership, § 2424. Gift, § 1146. Gift, causa mortis, § 1149. Good consideration, § 1605. Good-will, § 992. Grant, § 1053. Gratuitous deposit, § 1844. Guaranty, § 2787. Guardian, § 236, Guardian, general, § 239. Guardian, special, § 240. Habitual intemperance, § 106. Head of family, § 1261. Hiring, § 1925. Hydraulic mining, § 1425. Implied contract, § 1621. Impossibility, § 1597. Income, § 748. Incumbrance, § 1114. Indemnity, § 2772. Indorsement, § 3108. Indorser, § 3108. Inland bill of exchange, § 3224. Inland carriers, § 2087. Insolvency, §§ 3077, 3450. Insurable interest, § 2546. Insurance, § 2527. Insured, § 2538. Insurer, § 2538. Interest, § 1915. Interest in common, § 685. Involuntary trust, § 2217. Jettison, § 2148. Joint interest, § 683. S62 DKFINITIONS. Land, § 659. Letter of credit, § 2858. Libel, § 45. Lien, § 2872. Limited interest, § 692. Loan, § 1884. Loan for exchange, §§ 1902, 1903. Loan of money, § 1912. Manager of ship, § 2070. Managing owner of ship, § 2070. Marine carriers, § 2087. Marine insurance, § 2655. Marriage, § 55. Mate, § 2048. Mistake of fact, § 1577. Month, § 14. Mortgage, § 2920. Negotiable instrument, § 3087. Novation, § 1530. Nuisance, § 3479. Object of contract, § 1595. Obligation, § 1427. Olographic will, § 1277. Open policy, § 2595. Ostensible agency, § 2300. Ostensible authority, § 2317. Ownership, § 654. Partnership, § 2395. Partnership interest, § 684. Payment, § 1478. Perpetual interest, § 691. Personal property, § 14. Pledge, §§ 2986, 2987. Policy of insurance, § 2586. Prescription, § 1007. Present interest, § 689. Private nuisance, § 3481. Privileged communication, § 47. Promissory note, § 3244. Property, §§ 14, 654. Public nuisance, § 3480. Qualified ownership, § 680, DEFINITIONS— DKaRBB, Real property, § 14. Recrimination, § 122. Re-insurance, § 2646. Remainder, § 769. Residuary legacies, § 1357. Respondentia, § 3036. Reversion, § 768. Running policy, § 2597. Sale, § 1721. Satisfaction, § 1523. Seamen, § 2049. Seaworthiness, § 2682. Servant, §§ 2009, 2012. Servient tenement, § 803. Several ownership, § 681. Ship, § 960. Shipping, § 960. Slander, § 46. Special agent, § 2297. Special indorsement, § 3113. Special letter of credit, § 2861. Special liens, § 2875. Specific legacy, § 1357. Storage, § 1851. Succession, § 1383. Surety, § 2831. Testify, § 14. Thing in action, § 953. Time, unreasonable lapse of, S 125. Transfer, §§ 1039. 1040. Trustee, § 2218. Trustor, § 2218. 4 Undue influence, § 1575. Valued policy, § 2596. Vested future interest, § 694. Voluntary transfer, § 1040. Voluntary trust, § 2216. Ward, § 237. Warranty, § 1763. Willful neglect, § 105. Words and phrases: See Words and Phrases. DEGREE of kindred, how established, § 1389. 864 DELAY— DELIVERY. DELAY, creditor, of, does not discharge guarantor, § 2823. Carrier to travel without unreasonable, § 2104. Deemed deviation, when, § 2694. Excuse of performance by, § 1511. How excused, § 1511. In performance compensated for, when, § 1492. Insurance, notice of loss under to be given without, §§ 2633, 2636. Presentment, in, of bill of exchange, effect of, § 3189. Presentment, in, of notice of dishonor excused when, § 3158. Presentment, in, of promissory note, effect of, § 3248. Presentment of bill of exchange, in, how excused, § 3219. Presentment of check, in, effect, § 3255. Protest, in, how excused, § 3230. Reasonable grounds for, rebuts presumption from lapse of time, § 126. DELINQUENT assessment, action to recover stock sold for, § 347. Assessment, sale of stock for, § 341. DELIVERY, constructive, § 1059. Contract in writing takes effect on, § 1626. Deemed time of creation of interest, § 749. Deposit, of, by joint owners, § 1827. Deposit, of, demand necessary, § 1823. Deposit, of, on demand, § 1822. Deposit, of, place of, § 1824. Employee not to deliver without demand, § 1987. Freight of, place of, §§ 2118, 2119. Freight, of, to holder of bill of lading, § 2131. Freight, of, to whom *,nd manner of, § 2118. Gift, of, necessary, § 1147. Goods sold, of, buyer's directions, § 1757. Goods sold, of, expense of, § 1755. Goods sold, of, notice of election as to mode of, § 1756. Goods sold, of, reasonable hour, § 1758. Goods sold, of, when to be made, § 1753. Goods sold, of, where, § 1754. Grant, of, necessary, § 1054. Grantee, to, necessarily absolute, § 1056. In escrow, § 1057. i DELIVERY — DEPOSIT. 865 Pledge, essential in, § 2988. Presumption of time of, § 1055. Thing bought, to be paid for on, § 1784. DEL NORTE COUNTY, tolis in, § 514. DEMAND, agent to deliver to third person on, § 2344. Deposit need not be delivered without, § 1823. Deposit to be delivered on, § 1822. Employee not bound to deliver without, § 1987. Employee, to render account without, § 1986. Goods sold to be delivered upon, § 1753. Guarantor, upon, unnecessary, § 2807. Lent thing need not be returned unless, when, § 1895. Lent thing to be returned without, § 1895. Negotiable instrument, of payment of, when necessary, § 3130. Performance, of, how waived, § 3004. Pledgor of performance, on, must be before sale, § 3001. Restoration of thing wrongfully taken, necessity of, § 1713. Servant to deliver without, § 2014. DEPOSE, includes what, § 14. DEPOSIT: See Depositary; Warehouseman. Abandoned thing, § 1872. Animals, of, § 1834. Borrower: See Loan. Charges, sale to satisfy, § 1857. Depositor, who is, § 1814. ; Exchange, for, § 1878. Exchange, for, defined, § 1818. Finder, duty of, § 1865. Finder may put thing found on storage, § 1868. Finder, obligation of, § 1864. Finder, surrender of thing found exonerates from liability, § 1871. Finder to notify owner, etc., § 1865. Found property, claimant to prove ownership, § 1866. Gratuitous, defined, § 1844. Hire, for, called storage, § 1851. Indemnify, depositor to, § 1833. Innkeeper, with, §§ 1859, 1860. Involuntary, duty of person taking, § 1816. Civ. Code — 37 866 DEPOSIT — DEPaSITARY. Involuntary, how made, § 1815. Involuntary, gratuitous, § 1845. Joint, § 1475. Joint, delivery to depositors, § 1827. Kinds of, § 1813. Lien for storage, § 1856. Lien, sale to satisfy, § 1857. Loan: See Loan. Loss or injury, liability for, § 1838. Money in payment of debt, of, § 1500. Reward of finder, § 1867. Safe-keeping, for, defined, § 1817. Sale of perishables, §§ 1837, 1857. Sale of property, when may be ordered, § 1857. Sale of thing found, §§ 1869, 1870. Savings bank, surviving spouse, § 579. Storage, §§ 1851-1857. See Storage. Termination of, §§ 1854, 1855. Termination, right of, when agreement as to time, § 1855. Thing wrongfully detained, notice to owner by de- positary, § 1826. Unclaimed deposits, banks to publish statements p^ pp. 674, 675, Stats. Use of thing loaned, § 1890. Voluntary, how made, § 1814. See Depositary; Warehouseman. DEPOSITARY: See Deposit; Warehouseman. Adverse claim, notice of, to owner, § 1825. Animals, of, duty toward, § 1834. Animals, compensation for part of week, § 1853. Compensation of, for part of week or month, § 1S53. Delivery by, notice to owner of adverse claim, § 1825. Delivery by, not required before demand, § 1823. Delivery, by, of thing owned jointly, § 1827. Delivery by, on demand, § 1822. Delivery by, on demand, when excused, § 1S22. Delivery by, place of, § 1824. Depositor must indemnify, for what, § 1833. Gratuitous, care required of, § 1846. Gratuitous, creditor is, when, § 1505. Gratuitous, duties cease, when, § 1847. DEPOSITARY — DEVISE. 8CT Hire, for, compensation for parts of week, etc., § 1853. Hire, for, degree of care required of, § 1S52. Hire, for, finder has obligations of, when, § 1864. Hire, for, who is, § 1851. Insurable interest of, § 2548. Involuntary, notice to owner to remove, § 1847. Liability for loss or injury, § 1838. Liability to rightful owner of thing deposited, § 1826, Lien of, for storage, § 1856. Negligence, limitation of liability for, § 1840. Notice to owner of thing wrongfully detained, § 1826. Opening deposit, obligation as to, § 1835. Perishables, may sell when, § 1837. Person offering thing in performance, § 1503. Sale by, of storage property, § 1857. Sale of thing in danger of perishing, § 1837. Seller of personalty is, before delivery, § 1748. Service by, duties and liabilities prescribed by title on employment, § 1839. Thing wrongfully detained, exoneration of depositary, § 1826. Use of deposit, rights and obligation as to, § 1835. Use, wrongful, liability for, § 1836. Who is, §§ 1814, 1851. DESCENT: See Succession. Statute of, § 1386. DESCRIPTION, agreement to compensate for errors of, effect of, § 1690. Error of, in will, how remedied, § 1340. DESERTION: See Divorce. DESTRUCTION of will is revocation, § 1292. Of will, how proved, § 1293. Of written contract, effect, §§ 1699, 1700. DETENTION, of person or property avoids contract, when, § 1569. Of property, damages for, § 3335. DEVIATION, carrier not to make, § 2104. Marine insurance, §§ 2692-2697. Defined, § 2694. DEVISE: See Wills. 868 DILIGENCE— DIVORCE. DILIGENCE: See Care. DIRECTION, buyer's, as to delivery, § 1757. Carrier to follow whose, §§ 2115, 2116. Employee to follow, § 1981. Factor to follow, § 2027. Trustee must follow, § 2258. DIRECTOR: See Corporations. DISAFFIRMANCE of infants' contracts, §§ 35, 37. DISCHARGE of employee, §§ 1996, 2000. Of principal does not discharge guarantor, when, § 2825. Of servant, § 2015. Of trustee, §§ 2233, 2282. Of trustee, duties of, before accepting his, § 2260. Of trustee, who succeeds after, §§ 2287-2289. DISSOLUTION, corporations: See Corporations, XVII. Banks and trust companies, p. 676, Stats. DISTRIBUTION, community property on divorce, § 147. Effect of advancements on, § 1395 et seq. Intestates, of property of, §§ 1384, 1386. Order for, subject to revision on appeal, § 148. DISTRICT ATTORNEY. Action for penalty against bridge, ferry, etc., corporation, § 530. Examination into affairs of corporation by, § 382. DIVIDENDS: See Corporations. Amounts to be reserved before making by insurance corporation, §§ 429, 431, 432. DIVISION FENCE. Easement of maintenance, § 801. DIVORCE, adultery defined, § 93. Adultery of husband, legitimacy, how affected by divorce for, § 144. Alimony, community and separate property, order of resort to, § 141. Alimony, execution for, § 137. Alimony, modifying orders granting, §§ 137, 139. Alimony pendente lite when allowed, § 137. Alimony, permanent, § 139. Alimony, receiver, § 140. Alimony, security for, § 140. Alimony, when divorce not granted, § 136. Alimony, when wife has suflacient support, § 142. DIVORCE. 869 Annulment of marriage, §§ 83-86. Appeal, revision of order disposing of property, § 148. Children are legitimate, § 1387. Children, community and separate property may be subjected to support of, §143. Children: See Parent and Child. Collusion defeats, § 111. Collusion defined, § 114. Collusion, presumption of, from lapse of time, §§ 125, 126. Community property disposed of, how, § 146. Condonation as a bar, § 123. Condonation as recriminatory defense, § 123. Condonation avoided by concealment, § 120. Condonation cures desertion, § 102. Condonation defeats, § 111. Condonation defined, § 115. Condonation, evidence, what is not, § 118. Condonation implies, what, § 117. Condonation, presumption of, from lapse of time, §§ 125, 126. Condonation, refusal of offer of amounts to desertion, § 102. Condonation, requisites to, § 116. Condonation revoked, how, § 121. Condonation, when can be made, § 119. Connivance defeats, § 111. Connivance defined, § 112. Connivance manifested, how, § 113. Connivance, presumption of, from lapse of time, §§ 125, 126. Counsel fees, allowing pendente lite, § 137. Counsel fees, execution for, § 137. Counsel fees, what property to be resorted to, § 141. Cruelty, desertion induced by, § 98. Cruelty, extreme, defined, § 94. Custody of children, modification or vacation of orders, § 138. Custody of children, orders respecting, § 138. Decision and conclusions of law filed as in other cases, § 131. 870 DIVORCE. Decree not granted on uncorroborated statements, § 130. Decree restores parties to unmarried state, § 91. Default, decree not granted by, § 130. Default of defendant, proof of allegations, § 130. Defenses to actions for, § 111. Denying, grounds for, § 111. Desertion by refusal to abide by husband's selection of home, § 103. Desertion, by selecting unfit domicile, § 104. Desertion cured, how, § 102. Desertion defined, § 95. , Desertion, in case of cruelty, who commits, § 98. Desertion, in case of fraud or stratagem, who commits, § 97. Desertion induced by cruelty, § 98. Desertion induced by fraud or stratagem, § 97. Desertion manifested, how, § 96. Desertion must extend year, § 107. Desertion, refusal of offer of condonation amounts to, § 102. Desertion, refusal of reconciliation amounts to, when, § 101. Desertion, return and soliciting of condonation, § 102. Desertion, separation becomes, when, § 100. Desertion, separation by consent is not, § 99. Desertion, what amounts to, § 96. Disposition of homestead and community, mode of, § 146. Disposition of homestead and community, order for, § 147. Disposition of homestead and community, revision of order for, on appeal, § 148. Disposition of property, order for, § 147. Domicile, each spouse may have, on separation, § 129. Domicile of wife in actions for, § 129. Dmicile fixed by husband, refusal of wife to abide by, is desertion, § 103. Domicile, husband may fix, § 103. Domicile, presumptions as to do not apply in, § 129. Domicile, unfit, husband selecting, amounts to deser- tion, § 104. DIVORCE. 87X Evidence, not granted on uncorroborated testimony of parties, § 130. Evidence of facts alleged necessary, § 130. Final judgment entered when divorce denied, § 131. Final judgment when entered on interlocutory judg- ment and rights on, § 132. Grounds for, § 92. Grounds for denying, § 111. " Habitual intemperance defined, § 106. Habitual intemperance must extend year, § 107. Homestead disposed of, how, § 146. Interlocutory judgment, appeal may be taken in six months, § 131. Interlocutory judgment, death of party after, effect on right to enter final judgment, § 132. Interlocutory judgment entered when divorce granted, § 131. Interlocutory judgment, final judgment may be entered on in one year, § 132. Interlocutory judgment, final judgment on, effect of and rights under, § 132. Interlocutory judgment, final judgment, entry of, on, does not validate prior marriage, § 132. Interlocutory judgment, final judgment, when entered where appeal taken or new trial asked, § 132. Lapse of time defeats, § 111. Lapse of time establishes what presumptions, §§ 125, 126. Limitation defeats, § 111. Legitimacy of children born after, § 194. Legitimacy of children when divorce for adultery of wife, § 145. Limitation of actions for, §§ 124-127. Maintenance, action for without divorec, § 137. Maintenance decreed when divorce denied, § 136. Maintenance, receiver, § 140. Maintenance, security for, § 140. Maintenance, what property resorted to, § 141. Maintenance, where divorce denied, § 136. Marriage: See Marriage. Presumptions arising from lapse of time, §§ 125, 126. Proof of facts alleged necessary, § 130. 872 DIVORCE — DUEL. Recrimination defeats, § 111. Recrimination defined, § 122. Recriminatory defense, condonation as, § 123. Referee, decree not granted on any finding or state- ment of, § 130. Referee, proof to be on question and answer, § 130. Remarriage witliin one year from entry of interlocu- tory decree forbidden, § 61. Residence, actual, proof of required, § 129. Residence, length of, required of plaintiff, § 128. Residence, presumptions do not apply in proof of, § 129. Separation, consent to revocable, § 101. Separation, each spouse may have separate domicile on separation, § 129. Separation, when amounts to desertion, §§ 100, 101. Separation, when not desertion, § 99. Willful neglect defined, § 105. Willful neglect must extend year, § 107. DOG, killing sheep by, § 3341. See Animals. DOMESTIC NAVIGATION defined, § 962. Domestic ship, what is, § 963. Vessel, when engaged in, § 962. DOMICILE, divorce, proof of actual, required in, § 129. Guardian to select, § 248. Husband selects unfit, wife not bound, § 104. Husband to select, §§ 103, 156. In divorce, requisites in regard to, § 128. Infant's, § 213. Law of, governs personal property, § 946. Separation of husband and wife, domicile in case of, § 129. Unfit, selecting, amounts to desertion, § 104. Wife, domicile of, on suit for divorce, § 129. DOMINANT TENEMENT: See Easements. DOUBLE INSURANCE: See Insurance. DOUBTFUL WORDS in will, § 1323. In contract, § 1654. DOWER not allowed, § 173. DUEL, damages for injuries inflicted In, §§ 3347, 3348. DUPLICATE — EJECTMENT. 873 DUPLICATE, alteration of, § 1701. Will, of, revocation of, § 1295. DURESS as ground for annulment of marriage, § 82. Consent obtained by, § 1567. Consists in what, § 1569. Contract under, voidable, §§ 1567, 1689. Marriage voidable when consent obtained by force, § 58. Rescission for, § 1689. Will procured or revoked by, § 1272. EARNINGS, illegitimate unmarried minor, of, § 200. Legitimate unmarried minor, of, § 197. Minor children, of, § 169. Wife, of, §§ 168, 169. EASEMENT, apportionment of, § 807. Attached to land, enumeration of, § 801. Attached to land, not enumerated, § 802. Dominant tenement, action by owner of, § 809, Dominant tenement defined, § 803. Enumeration of, §§ 801, 802. Extent of, § 806. Extinguished, how, § 811. Future owner, right of to, § 808. Grantable by whom, § 804. Held by whom, § 805. How far usable by expectant owner, § 808. Irrigation, right of, § 552. Lateral and subjacent support, § 832. Not attached to land, § 802. Partition of, apportionment, § 807. Servient tenement, action by owner of for possession, § 810. Servient tenement defined, § 803. Transfer of property carries, § 1104. What pass with property conveyed, § 1104. Who cannot hold, § 805. EJECTMENT. Damages for wrongful occupation, measure of, § 3334.- Tenant to give notice of, § 1949. Without notice, § 793. 874 ELECTION — ESTATES FOR LIFE. ELECTION, accession to personalty, election of owner, § 1032. Corporate: See Corporations. Notice of election as to delivery of chattel, § 1756. ELECTIONS. Day a holiday, § 7. ELECTRIC CORPORATION, franchise, proceedings prior to the grant or sale of, § 497. ELECTRICITY, rights of steam railroad to use, p. 772, Stats. ELEVATED RAILWAYS, franchise for, majority of front- age to sign petition, § 492. Franchise for, terms and conditions, § 492. Supervisors may grant franchise for, § 492. EMANCIPATION of child, § 211. EMINENT DOMAIN, crossings, railroad, condemning land for, § 472. Right of, in general, § 1001. EMPLOYMENT: See Master and Servant. ENEMY, PUBLIC: See War. Cannot be insured, § 2540. Carrier not liable for damages caused by, § 2194. Performance prevented by, § 1511. ENROLLMENT of vessels governed by federal laws, § 966. ESCHEAT. Intestate's property escheats, when, § 1386. Property escheated, subject to charges and trusts, § 1407. When occurs, § 1406. ESCROW, delivery in, § 1057. Definition of, § 1057. ESTATE, intestate's, chargeable with debts, § 1358. See Property; Real Property. ESTATES AT WILL are chattel interests, § 765. Not subject to execution, § 765. ESTATES FOR LIFE. Duty of owner to pay taxes, charges and assessments, § 840. Duty of owner to repair, § 840. Grant by owner of, effect of, § 1108. Legatee for life, inventory by and what to contain, § 1365. ESTATES FOR LIFE — EVIDENCE. ' 875 May be created in a term of years, § 773. Owner of rights of in use of land, § 818. Remainder for life or term of years must be to one in esse, § 777. Rent due upon lease for life, how recovered, § 824. Successive cannot be limited except to persons in being, § 774. ESTATES FOR YEARS are chattels real, § 765. Grant by owner of, effect of, § 1108. Limitation on power of suspension, § 770. ESTATES OF DECEDENTS. All property of intestate chargeable with debts, § 1358. Beneficiaries' liability for testator's obligations, § 1377. Bona fide purchaser from one claiming by succession, effect of will, § 1364. Community property on husband's death subject to debts and family allowance, § 1402. Expenses of administration and allowances to family to be first paid, § 1359. Heir's conveyance good unless will proved within foxir years, § 1364. Intestate's estate chargeable with debts, § 1359. Order of resort to for payment of debts, § 1359. Successors liable for decedent's obligations, § 1^08. See Executors and Administrators; Succession; Wills. ESTATES OF FREEHOLD defined, § 765. ESTATES TAIL, abolished, § 763. ESTOPPEL, after-acquired title inures to mortgagee, § 2930. Conveyance passes after-acquired title, § 1106. Failure to forbid act done on one's behalf, § 3519. EST RAY. Finder of property, in general, §§ 1864-1872, EVIDENCE: See Witnesses. Certificate of change of names in partnership, § 2471. Certificate of proof of instrument, what to state, § 1200. Certificate of restoration of lunatic raises presumption of capacity, § 40. Certificate of shipmaster to exertions to save vessel, § 2059. Certified copy of articles of incorporation prima facie. § 297. 876 EVIDENCE— EXECUTION. Condonation, evidence of, § 118. Divorce, not on uncorroborated, § 130. Execution of instruments, proof of, when not acknowl- edged, § 1195. Handwriting proved, how, §§1198, 1199. Insurance, of loss, § 2634. Marriage, how proved, § 57. Oral stipulations, etc., superseded by writing, § 1625. Record of inventory of wife's property, § 166. ' Records, certified copies of instruments defectively executed as evidence, § 1207. Register of partnership names as, § 2471. Subscribing witnesses, manner of proving instrument by, §§ 1196-1199. EXCAVATION, right of, by lateral owner, § 832. EXCEPTIONS. General authority of agent, exceptions to, § 2322. EXCHANGE, bill of: See Negotiable Instruments. Defined, § 1804. Deposit for, §§ 1813, 1818, 1878. Form of contract, § 1805. Loan for, §§ 1902-1906. Loan for: See Loan. Parties have rights of buyers and sellers, § 1806. Personalty passes by, when, § 1140. Personalty passes under executory agreement, when, § 1141. Title when only transferred by executory agreement of, § 1142. Warranty of money, § 1807. EXECUTION. Alimony and counsel fees, execution for, § 137. Estates at will not subject to sale under, § 765. Exemption of estates at will, § 765. Franchise may be sold under, § 388. Homestead not subject to, generally, § 1240. Homestead subject to, when, § 1241. Lien of officer, § 3057'. Mortgaged personalty, against, §§ 2968-2970. Mortgaged property, how levied on, § 2969. Mortgaged property, sale under attachment and dis- position of proceeds, §§ 2968, 2970. EXECUTION — EXEMPLARY DAMAGES. 877 Principal bound by, incomplete, § 2331. . Principal whether bound by, in excess, § 2333. Redemption of franchise, § 392. EXECUTOR AND ADMINISTRATOR: See Estate ot Decedent. Apprenticing minor, § 265. Apprentice or clerk, power of to bind child as, § 267. Authority given to to appoint executor is void, § 1372. Authority of, before qualification, § 1373. Chose in action, when passes to, § 954. Corporation, act authorizing to act as, p. 702. Devise, specific, may be authorized to sell, § 1363. DisaflBrmance by, of infant's contract, § 35. ' Executor according to the tenor of will, § 1371. Executor not to act until qualified, § 1373. Expense of administration, order of payment, § 1359. Foreign, satisfaction of mortgage on record by, § 29391/2. " Legacy, specific, may be authorized to sell, § 1363. Person intended as executor but not named, appoint- ment of, § 1371. Property specifically bequeathed, may be authorized to sell, § 1363. Qualified, not to act till, § 1373. Rights of one who was intended to be appointed, § 1371. Specific bequest, may be authorized to sell, § 1363. Stock of decedent, executor to represent, § 313. Wages of deceased seamen, § 2062. See Estates of Decedents; Wills. EXECUTORY, agreement for sale of real property, § 1731. Agreement transfers title, when, § 1141. Consideration, § 1609. Consideration ascertained, how, § 1611. Consideration need not be stated, § 1610. Contract of marriage to be in writing, § 1624. Contract defined, § 1661. Contract, covenants when required by, § 1733. Grant on condition precedent, § 1110. Instrument, implied warranty on sale, § 1774. EXEMPLARY DAMAGES: P.ee Damages. 878 EXEMPTIONS— FACTOR. EXEMPTIONS. Assignment for creditors, exempt prop- erty does not pass, § 3470. Homestead, of, §§ 1240. 1241. Homestead sale, of, proceeds of, § 1257. Shares in building and loan a" ^oiations, exemption of, § 643. EXONERATION, carrier of, on delivery of bill of lading, § 2131. Gratuitous pledge holder, of, § 2995. Guarantors, of, § 2819. Innkeeper, of, § 1860. Lender, of, from liability, § 1892. Owner, of, from claim of finder, § 1871. Partner, of, on renunciation of future profits, § 2417. Shipmaster, of, on abandonment, § 2041. Surety, of, §§ 2840, 2845. See Suretyship. EXPECTANCY, insurable interest in, §§ 2547, 2549. Mere expectancy is not an interest, § 700. EXPECTANT ESTATES: See Future Interests. EXTENSION of existence of corporations, §§ 401, 402. Of time of sale of stock, § 345. FACT, actual fraud, question of, § 1574. Concealment makes condonation void, § 120. Fraudulent intent, question of, § 3442. Mistake defined, 1577. Mistake of foreign law, a mistake of, § 1579. FACTOR, actual authority of, § 2368, Agent, factor as, § 2367. Barter by, § 2368. Cojisignments: See Consignment. Credit by, § 2028. Credit, power to sell on, § 2368. Defined, §§ 2026, 2367. Del credere, §§ 2029, 2794. Delegation of authority by, § 2368. Guaranty, § 2794. Guaranty commission, liability on, § 2029. Guaranty of sales by, need not be written, § 2794. Instructions, duty to obey, § 2027. FACTOR— FERRY. 879 Insurance by, § 2368. Liability, cannot relieve himself from, § 2030. Lien of, § 3053. Mortgage by, § 2368. Obedience required from, § 2027. Ostensible authority of, § 2369. Pledge, no power to, § 2368. Sale by, for reimbursement, § 2027. Sale by, on credit, § 2028. FAIR. Agricultural fair corporations, §§ 620-622. FALSE REPRESENTATIONS: See Fraud; Insurance. FARE: See Carrier; Railroad. FATHER: See Parent and Child. FEE SIMPLE defined, § 762. Limiting upon a fee, § 773. Owner in, surface and everything above and below belongs to, § 829. Title, when presumed to pass, § 1105. What estates are fees, § 762. Words of inheritance unnecessary, § 1072. Word heirs not necessary to pass, § 1329. FEES, recorder's, § 1165. Foreign corporations, fees required of, p. 772, Stats. FEE TAIL abolished, § 763. FELONY, ground for divorce, § 92. Limitation of action of divorce for, § 124. FEMALE under eighteen, minor, § 25. Of fifteen may marry, § 56. FEME COVERT: See Husband and Wife; Married Woman. FENCES, coterminous owner bound to maintain, § 841. Division, §§ 801, 841. Easement, an, § 801. Railroad's duty and liability respecting, § 485. Tenant for life to repair, § 840. See Real Property. FERRY, rights and duty of wagon road corporations re- specting, § 514. ■ Statutes governing ferry corporations apply where owned by individual, § 531. See Bridge, Ferry, Wharf, Chute and Pier Corporations. $80 FICTITIOUS— FOREIGN. FICTITIOUS name in partnership, §§ 2466, 2467. Payee, § 3103. FILING, affidavits of sale of delinquent stock, § 348. Articles of incorporation, § 296. Articles prerequisite to, §§ 293, 296. Articles, duty of secretary of state, § 296. Inventory of wife's separate property, §§ 165, 166. FINDER, abandoned thing, § 1872. Claimant to prove ownership, § 1866. Compensation for expenses, § 1867. Duty of, § 1865. Exoneration of owner by surrender of property to, § 1871. May put thing found on storage, § 1868. Not bound to take charge, § 1864. Obligations of, § 1864. Reward of, § 1867. Sale of thing found, §§ 1869, 1870. Surrender of thing found to, § 1871. To notify owner, § 1865. FIRE, deposit, involuntary, § 1815. FIRE INSURANCE: See Insurance. FISH, right to take, §§ 801, 802. FIXTURES are what, § 660. Attachments to mines, what are fixtures, § 661. In general, § 1013. Mines, attached to, § 661. Mortgage a lien on, § 2926. Ownership of, § 1013. Tenant may remove what, § 1019. Thing when deemed to be affixed, § 660. FLUME, water company's duty respecting, § 551, FORCE: See Duress. FORECLOSURE of mortgages, § 2967. Of right to redeem pledge, § 3011. Right of redemption, foreclosure of, § 2931, FOREIGN bill, acceptance and payment for honor, §§ 3203, 3233. Bill, damages for dishonor of, §§ 3234-3238. FOREIGN— FORM. 881 Bill, protest of, when excused, § 3230. Bill, protest necessary, § 3225. Bill, waiver of protest and effect of, § 3232. Building and loan associations, § 645. Corporation, liability of stockholders, § 322. Country, sale by corporation of property, franchises or concessions in, § 364. Executor, discharge of mortgage by, § 2939i/^. Law, mistake of is mistake of fact, § 1579. Marriage, validity of, § 63. Mutual insurance company must have $200,000 cash assets, § 419. Navigation defined, § 962. Partnership, fictitious name, § 2467. Ship defined, § 963. Will, validity of, § 1285. FOREIGN CORPORATIONS: See Corporations, XVIII. Railroad corporations, act authorizing doing business on equal terms, p. 764. FOREIGNERS: See Alien. FORFEITURE, conditions involving, strictly construed, § 1442. Contract for, of property subject to lien, § 2889. Conveyance in excess of title does not work, § 1108. Homestead corporations, § 562. Powers of railroad corporation for non-user, § 468. Railroad, forfeiture for want of operation of, p. 765, Stats. Relief in case of, § 3275. Remedies of grantee or devisee of rent or reversion on, § 821. Servitude, for non-user, § 811. Specific or preventive relief not granted to enforce, § 3369. Street railroad, by, for failure to commence or com? plete road in time, § 502. Wages of seamen, grounds for, § 2063. FORM, certificate of acknowledgment, of, § 1189. Certificate of acknowledgment by attorney in fact, § 1192. Certificate of acknowledgment by corporation, § 1190. 882 FORM— FRAUD. Certificate of acknowledgment by married woman, § 1191. Chattel mortgages, § 2956. Covenants in execution of executory contract, § 1734. Dishonor, form of, § 3143. Grant of, § 1092. Marriage, of solemnizing, § 71. Notice of assessment, § 335. Notice of delinquency, § 337. Notice of dishonor, § 3143. Notice of tenant at will to quit, § 789. Personal mortgage, § 2956. Protest, § 3227. Real mortgage, § 2948. Warranty in policy of insurance, § 2604. FRANCHISE, execution sale of, place, § 393. Execution purchaser of, rights and duties of, §§ 389, 390. Forfeiture of railroad, § 468. Ordinances granting, acts validating, p. 763. Property, franchise as, § 388. Railroad, right to purchase franchises of other roads, §§ 465, 494. Railroad, acts relating to sale of and governing con- ditions of sale, pp. 753-762. Redemption, § 392. Sale of franchises in foreign country, § 364. Telegraph or telepnone, transfer of, § 540. Time within which street railway franchises may be sold, act limiting, p. 773. Transfer of, by corporation: See Corporations. See Corporations. . FRATERNAL CORPORATION: See Religious, Social, and Benevolent Corporations. Mutual life, etc., insurance corporations, §§ 437-452. FRATERNAL SOCIETY, exempt from insurance laws, S 451. Not insurance corporations, § 451. FRAUD, actual, a question of fact, § 1574. Actual or constructive, § 1571. Actual, what constitutes, § 1572. Agent not authority to defraud principal, § 2306. FRAUD. 883 Apprenticeship, ground for annulling, § 276. As affecting right to specific performance, § 3391. As ground for annulment of marriage, § 82. By-bidding, § 1797. Carrier, cannot exonerate from liability for, § 2175. Consent obtained by, § 1567. Contract deemed obtained through, §§ 1568, 1571, 1572, 1573. Contract for exemption from one's own, void, § 1668. Contract obtained through, voidable, §§ 1566, 1567, 1689. Contract prevented from being put in writing by, en- forced when, § 1623. Constructive, defined, § 1573. Constructive or actual, § 1571. Deceit, §§ 1709-1711. Desertion induced by, § 98. Disregarding erroneous parts of writing, § 1640. Effect on oral contract not in writing through fraud, S 1623. Enforcing oral contract against fraudulent party, § 1623. Exemplary damages in case of, § 3294. Instrument, power to revoke, when deemed executed, §§ 1229, 1230, 1231. Instrument, creditor, when can avoid, § 3441. Instrument, when makes void against purchaser, § 1227. Instrument, when void against creditors, § 3439. Insurance, omission to communicate avoids, §§ 2562, 2569. Insurance, return of premium for, § 2619. Insurer, when exonerated for loss through, § 2629. Intent, question of fact, § 3442. Interest as damages in case of, § 3288. Marine insurance, in valuaton under, § 2736. Marriage, contracted through, § 58. Marriage, in contracting, ground for annulling, § 82. One fraudulently dispossessing himself may be treated as in possession, § 3518. Pledge, misrepresenting value of, § 2999. Reformation of contract for, § 3399. 884 FRAUD— FRAUDULENT CONVEYANCE. Rescission for, §§ 1689, 1690. Rescission for, what stipulations do not defeat, § 1690. Specific performance, as affecting right to, § 3391. Trust arising from, § 2224. Trustee guilty of, when, § 2234. Undue influence defined, § 1575. FRAUDULENT CONVEYANCE, assignment for creditors, when void, § 3457. Avoidance of, creditors, when can avoid, § 3441. Auction sale of stock in trade at, notice to be recorded, § 3440. Bottomry, delivery, § 3440. Chattel mortgages as, § 2957. Chattel mortgage, delivery, § 3440. Consideration, transfer without, may be valid, § 3442. Creditors may avoid, when, § 3441. Debtor's contracts valid, when, § 3431. Delivery of personalty necessary, § 3440. Fraud a question of fact, § 3442. General rule as to, § 3439. Instruments designed to defraud purchasers or in- cumbrances, § 1227. Judicial proceedings as, § 3439. Lien, delivery, § 3440. Mutual fraud, § 1228. Preference by special partnership, when void, § 2496. Preferences valid, § 3432. Presumption as to, in absence of delivery, etc., § 3440. Purchaser with notice, .§§ 1227, 1228. Question of fraud determined, how, § 3442. Realty of, what are, §§ 1227-1231. Realty of, what not, § 1228. Reservation of interest avoids assignment for cred- itors, § 3457. Reserving power of revocation, power when executed, §§ 1229, 1230. Respondentia, delivery, § 3440. Sale of stock in trade, five days' notice of to be re- corded, § 3440. Ship or cargo need not be delivered, § 3440. Special partnership by, § 2496. FRAUDULENT CONVEYANCE — FREIGHT, ETC. 885 Transfer of stock in trade, five days' notice to be re- corded, § 3440. Unlawful transfers, §§ 1227-1231. Void, § 3439. Voluntary transfers, effect of, § 3442. Voluntary transfers valid, when, § 3442. What transfers are, in general, § 3439. Wines need not be delivered, § 3440. FREEHOLD defined, § 765. Estate for life is, § 765. Estate for life of third person is, § 766. Estate of inheritance is, § 765. May commence at future day, § 773. FREIGHT AND FREIGHTAGE, abandonment of ship, § 2730. Abandonment of freightage by insurer, § 2717. Bill of lading: See Bill of Lading. Carrier exonerated from liability for by delivery, S 2131. Carrier's lien for freightage, § 2144. Carrier must not stow on deck, § 2117. Consignee defined, § 2110. Consignor defined, § 2110. Consignor of valuable, to declare its nature and value, § 2200. Consignor, presumed liable for freightage, § 2137. Consignor, when not liable for freightage, § 2137. Damages for carrier's refusing to carry, § 3315. Damages for carrier's failure or delay in delivery, §§ 3316, 3317. Defined, §§ 2110, 2661. Delivered, where to be, §§ 2118, 2119. Delivery beyond usual route, § 2201. Duty after arrival, §§ 2120, 2121. Freightage, apportionment of, §§ 2140-2142. Freightage, how valued on general average, § 2153. Freightage, in marine insurance, defined, § 2661. Freightage, liable for contracts of shipmaster, §§2376, 2380. Freightage, not chargeable on increase of freight, § 2139. Freightage, payable by whom, §§ 2137, 2138. 886 FREIGHT AND FREIGHTAGE— FUTURE INTERESTS. Freightage, payable, when, § 2136. Insurable interest in freightage, § 2662. Insurable interest, when exists, § 2663. Liability of inland carriers for loss, § 2194. Liability of marine carriers for loss, § 2197. Marine insurance, freightage in, §§ 2661-2663. Master of ship may hypothecate, § 2377. Notice of arriv^,!, when necessary, § 2120. Proof in case of loss of through freight, § 2202. Sale of perishable property for, § 2204. Seaman has lien upon freightage, § 3056. Shipmaster has lien upon freightage, § 3055. Ship's manager cannot give up lien for, § 2389. Ship's manager may settle for freightage, § 2388. Stored by carrier, when proper, § 2121. Value of in estimating loss under open policy, § 2741. Wages of seamen, §§ 2054, 2058. When carried farther than agreed, § 2143. Who liable for, § 2137, 2138. Whose directions govern delivery of, § 2115. See Carrier. FRIENDLY SOCIETY, limitation on amount of land held by, § 596. See* Religious, Social, and Benevolent Corporations. FURTHER ASSURANCE, covenant of, § 1733. Covenant runs with land, § 1463. FUTURE, present includes, § 14. Representation as to, effect of, § 2574. Warranty as to future event, §§ 2608, 2609. FUTURE ESTATE, may be limited on termination by any means of precedent estate, § 767. May be limited without intervention of a precedent estate, § 767. Remainder, future estate when called, § 769. Remainders: See Remainders. Right of owner to use easements, § 808. See Future Interests. FUTURE INJURIES, damages for, § 3283. FUTURE INTERESTS, accumulations: See Accumulations. Alternative, may be in, § 696. Are vested or contingent, § 693. FUTURE INTERESTS — GENDER. 887 Contingent, when, § 695. Defeat, birth, of posthumous child defeats, when, § 739. Defeat, what defeats, § 741. Defeated, not by any act of owner of intermediate es- tate, § 740. Defeated, not by determination or destruction of in- termediate estate, §§ 741, 742. Defined, § 690. Heirs and issue, meaning of, § 1071. How may be defeated, § 740. Lien may be created on, § 2883. Uen on, when attaches, § 2883. Not void because it may be defeated, § 740. Not void because of improbability of contingency, § 697. Pass by will and transfer same as present interests, § 699. Power of appointment, effect of on, § 781. Rights of posthumous child, § 698. Suspending power of alienation, §§ 715, 716. ' Time of creation of, § 749. Vested, when, § 694. What only recognized by code, § 703. Who entitled to income where no disposition of It, i 733. GAME, right to take, §§ 801, 802. GAMING insurance, void, § 2558. GAS CORPORATION, application for gas to use, § 629. Damages for refusal to furnish gas, § 629.. Deposit as condition for furnishing gas, § 630. Inspection of meters, liability for refusing, § 631. Inspection of meters, right to, § 631. Meters, agent of corporation may inspect, § 631. Meters to be used, § 628. Penalty for refusal to furnish gas, § 629. Privilege to be obtained from city or town, § 628. Refusal to furnish gas, § 629. Shutting off gas for refusal to pay, § 632. GENDER of words in code, § 14. 888 GENERAL AVERAGE — GOOD-WILL. GENERAL AVERAGE, adjusted how, § 2152. Adjustment, validity, § 2152. Defined, § 2148. Goods stored on deck, § 2154. In general, §§ 2148-2155. Insurance, free from, § 2711. Marine insurer liable for, §§ 2711, 2744. Shipmaster may adjust, § 2388. Valuation, time of ascertaining, §2153. Values, ascertained how, § 2153. GIFT, ademption of legacy, § 1357. Causa mortis, defined, § 1149. Causa mortis, effect of will on, § 1152. Causa mortis, presumed when, § 1150. Causa mortis, revocation of, § 1151. Causa mortis, treated as legacy, when, § 1153. Community property, of, § 172. Defined, § 1146. Delivery necessary, § 1147. Made how, § 1147. Revocable, not, § 1148. Revocation of, bona fide purchaser, § 1151. Revocation of gift causa mortis, § 1151. Satisfying before death, § 1367. Subscribing witness, to, §§ 1282, 1283. GOATS: See Animals. GOOD FAITH, agent indemnified for advance made In, § 2344. Agent, whether bound by act in, § 2343. Offer of performance, to be in, § 1493. Partner,, bound to highest, § 2411. Partner, when not bound by act not in, § 2431. Principal bound to persons acting in, § 2334. Trustee, bound to highest, § 2228. GOOD-WILL, definition, § 992. Does not include right to use name, § 92. Is transferable, § 993. Of business, §§ 992, 993. Ownership, subject of, § 655. Partner may not dispose of, § 2430. Property, is, § 655. GOOD-WILL — GUARANTY. 889 Sale of, restraint of trade, § 1674. Subject of ownership, § 655. Warranty on sale of, § 1776. GRACE, days of, not allowed, § 3181. GRANT, defined, § 1053. Includes whatever is essential to use, § 3522. Power to revoke or modify, when deemed executed, §§ 1229, 1230. Re-entry, when and how made, § 791. Time of creation of interest created by, § 749. See Conveyance. GREATER contains less, § 3536. GROWING CROP: See Crops. Lien of mortgage continues after severance, § 2972. GUARANTY: See Indemnity; Suretyship. Acceptance, notice of, § 2795. Collectibility, of, § 2800. Collectibility, of, liability, recovery and discharge on, §§ 2801, 2802. Conditional, guaranty deemed unconditional, § 2806. Conditional, obligation, of, liability on, § 2808. Consideration for. § 2792. Consideration, writing need not express, § 2793. Construed, how, § 2806. Continuing, defined, § 2814. Continuing, revocation of, § 2815. Defined, § 2787. Demand not necessary to liability, § 2807. Disability of principal, effect of, § 2810. Enumeration of original, § 2794. Factor del credere, § 2794. Guarantor's liability cannot exceed principal's, § 2809. Illegal contract, guarantor not liable on, § 2810. Incomplete contract of, what implied in, § 2799. Indemnified guarantor, effect of alteration of contract, § 2824. Indorser has rights of guarantor, § 3121. Knowledge of principal not necessary, § 2788. Letter of credit, §§ 2858-2866. Letter of credit may be continuing, § 2864. Liability on, accrues when, § 2807. Civ. Code — 38 890 GUARANTY — GUARDIAN AND WAiXD. Notice not necessary to liability, § 2807. Notice of acceptance, § 2795. Notice of default, necessity of, § 2808. Original, enumeration of, § 2794. Original, when deemed, § 2794. Part performance as affecting obligation, § 2822. Principal's contract void, effect of, § 2810. Principal's disability does not affect, § 2810. Reduced by partial performance, § 2822. Release, alteration of contract is not where guarantor indemnified, § 2824. Release by alteration of contract, rescission of altera- tion does not affect, § 2821. Release of, § 1543. Release by altering obligation of principal, § 2819. Release by impairing remedies against principal, § 2819. • Release, delay of creditor does not work a, § 2823. Release, discharge of principal by act of law does not work a, § 2825. Release, effect of part performance as a, § 2822. Release, void promises do not work a, § 2820. Revocation of continuing, § 2815. Statute of frauds, § 1624. Surety has rights of guarantor, § 2844. Time when liability on, accrues, § 2807. Unconditional, so deemed, unless, § 2806. Written, must be, § 2793. Written, need not be, when, § 2794. See Indemnity; Suretyship. GUARDIAN AND WARD, abduction of ward, § 49. Ad litem guardian, § 42. Appointment of by will, § 241. Appointment, superior court may appoint guardian. In what cases, § 243. Apprenticing ward, § 265. Corporation, act authorizing to act as executor, p. 723. Custody of minors, rules for awarding, § 246. , Custody of ward, guardian of person has, § 248. Damages for holding over, § 3335. Death of joint guardian, § 252. GUARDIAN AND WARD. S91 Discharge of guardian after ward's majority, § 257. Education of vv'ard, guardian of person must look to, § 248. Father, appointment of guardian by, § 241. Guardian ad litem, § 42. Guardian appointed by parent, superseded how, § 254. Guardians are special and general, § 238. Guardian defined, § 236. Guardian, discharge, when entitled to, § 257. Guardian, general, defined, § 239. Guardian, general, rules for appointing, § 246. Guardian, joint, death of, § 252. Guardian, removal of, grounds for, § 253. Guardian, special, defined, § 240. Guardian under direction of court, § 251. Guardian, who may appoint by will or deed, § 241. Guardianship, dissolved by what, § 254. Health of ward, guardian of person must look to, § 248. Illegitimate child, mother may appoint guardian, § 241. Joint guardian, § 252. Joint guardian, death of, power of survivor, § 252. Jurisdiction over guardian, court appointing has ex- clusive, § 245. Majority, attainment to terminates authority of guar> dian, § 255. Marriage of ward terminates authority, § 255. Mother may appoint guardian, when, § 241. No one can act as guardian of property without ap- pointment, § 242. Non-resident minor, guardian of property may be ap- pointed, § 244. Orphan asylum, guardians for infants maintained in, p. 723, Stats. Parental authority ceases on appointment of, § 204. Power over person and property, guardian has, § 247. Property of ward, duties of guardian of property, generally, § 249. Relation, confidential, § 250. Release by ward to guardian, § 256. Removal of guardian, grounds for, § 253. 892 GUARDIAN AND WARD — HIRING. Residence, guardian may not fix out of state, § 248. Residence of ward, guardian may fix, § 248. Stocliliolder, guardian as, § 322. Stockholder, liability of funds in guardian's hands, § 322. Superseded, guardian is, how, § 254. Support of ward, guardian of person must look to, § 248. Suspended, powers of guardian, when are, § 255. Terminated, guardianship is by what acts, § 254. Termination of powers of guardian, what effects, § 255. Testamentary guardian, power to appoint, § 241. Ward defined, § 237. "Ward may own stock in homestead, § 561. Ward, release by, § 256. GUEST: See Innkeepers. HABITUAL INTEMPERANCE, divorce for, §§ 92, 107. HALF BLOOD, inheritance by kindred of, § 1394. HANDWRITING, how proved, § 1199. When may be proved, § 1198. HEAD OF FAMILY, husband as, § 156. See Homestead. HEIR, interpretation of, § 1071. Legitimacy, may dispute, § 195. Minor's, disaflBrmance of contract, § 35. Of tenant for life, taking as purchaser, § 779. Warranty of ancestor, liability on, § 1115. Word heirs not necessary to pass fee, § 1329. See Succession. HIGHWAY, conveyance of land bounded by passes what, § 1112. Franchises for railroads on, acts relating to, pp. 759- 763. Owner presumed to own to center, § 831. Railroad crossing, how to acquire other land, § 472. Tolls not to be charged on public, § 515. Water company must not obstruct, § 551. See Wagon Road Corporation. HIRING, apportionment of hire, § 1935. Care required of hirer, § 1928. HIRING — HOMESTEAD. 89S Charter party defined, § 1959. Charter party, master may enter into, § 2376. Defined, § 1925. Expenses, extraordinary, § 1957. Expenses, ordinary, § 1956. Expenses, power of hirer to meet, § 1957. Expenses, who must bear, §§ 1956, 1957. Injuries, hirer to repair, § 1929. Letter's obligations, § 1955. Letter to put thing in fit condition, § 1955. Lodgings for indefinite time, § 1944. Particular use for, § 1930. Products of thing belong to hirer, § 1926. Quiet enjoyment, lessor to secure, § 1955. Quiet possession, § 1927. Real property of. See Landlord and Tenant. Repairs, letter's obligation as to, § 1955. Return of thing, § 1958. Return of thing, place of, § 1958. Ships, of, § 1959. Terminated by death or incapacity, when, § 1934. Terminated by destruction, § 1933. Terminate, hirer may before end of term, when, § 1932. Terminates, when, § 1933. Terminate, when letter may, § 1931. Termination before time, apportionment, § 1935. See Landlord and 'Tenant; Loan. HOLIDAY, acts not to be done on. § 11. Business days, what are, § 9. Enumeration of, § 7. Falling on Sunday, §§ 7, 8. Last day falling on, excluded, § 10. Maturity of negotiable instrument where last day falls on, § 3132. Performance on following day, § 11. HOMESTEAD: See Homestead Corporation, Abandonment, declaration of, § 1243. Abandonment, declaration of not effectual unless filed, § 1244. Abandonment how, § 1243. Acknowledging conveyance or incumbrance. § 1242. 894 HOMESTEAD. Acknowledging selection, §§ 1262, 1266. Appraisement, notice of time and place of hearing, § 1248. Appraisement of, application for, made how, § 1246. Appraisement of, division ordered when, § 1253. Appraisement of, filing petition for, § 1247. Appraisement of, service of petition, § 1248. Appraisement of, when may be had, § 1245. Appraisers, appointment of, § 1249. Appraisers, compensation of, § 1258. Appraisers, duties of, § 1251. Appraisers, oath of, § 1250. Appraisers, report of, time to file, § 1252. Appraisers, report of, proceedings on, §§ 1253-1259. Appraisers, setting oft property where it can be di- vided, § 1253. Community, selecting from, § 1238. Complete, when, §§ 1265, 1269. Consists of what, § 1237. Conveyance of, acknowledgment of, § 1242. Conveyance in case of insanity of spouse, p. 718, Stata. Corporation: See Homestead Corporation. Costs of proceedings to subject to creditor's demand, § 1259. Death of spouse, to whom descends, § 1265. Debts, for what liable, § 1241. Debts, liability for, § 1265. Declaration must contain what, §§ 1263, 1267. Declaration of abandonment, §§ 1243, 1244. Declaration of, by other than head of family to be acknowledged, § 1266. Declaration of, recording, §§ 1262, 1264, 1268, 1269. Declaration of to be acknowledged and filed, § 1262. Divorce, how disposed of, on, § 146. Execution, not subject to except, etc., § 1240. Execution, when subject to, § 1241. Exemption, §§ 1240, 1241. Exemption of proceeds of sale, § 1257. From what property may be selected, § 1238. Head of family, who is, § 1261. Incumbrance of, acknowledgment of, § 1242. HOMESTEAD — HOMESTEAD CORPORATION. 895 Insanity of spouse, conveyance or mortgage in case of, p. 718, Stats. Liability of, in general, § 1265. Liens, for what liable, § 1241. Mortgages, for what liable, § 1241. Mortgage of, manner of, § 1242. Mortgage in case of insanity of spouse, p. 718, Stats. Other persons, of, selection of, § 1266. Probate, of what consists, § 1237. Property from which may be selected, § 1238. Recording declaration, §§ 1262, 1264, 1268, 1269. Recording selection, §§ 1262, 1268, 1269. Sale of, bids which may be received, § 1255. Sale of, disposition of proceeds, § 1256. Sale of, exemption of proceeds, § 1257. Sale of, when may be directed, § 1254. Selected from what property, § 1238. Selection by other persons, acknowledgment of, § 1266. Selection by other persons, declaration to be recorded in county, § 1268. Selection by other persons, declaration to contain what, § 1267. Selection by other persons, land becomes homestead, when, § 1269. Selection by persons other than head of family, man- ner of, § 1266. Selection from wife's property, consent necessary, § 1239. Selection, mode of, § 1262. Selection of homestead of other persons, § 1266. Separate property of spouse, § 1238. Succession to on death of spouse, § 1265. Tenure by which held, § 1265. Title perfected, when, §§ 1265, 1269. Value, limitation of, § 1260. Value, where selected by head of family, § 1260. What consists in, § 1237. What may be selected from, § 1238. What may not be selected from, § 1239. When complete, §§ 1265, 1269. HOMESTEAD CORPORATION, annual report and its pub- lication, §§ 565, 566. 896 HOMESTEAD CORPORATION— HUSBAND AND WIFE. Articles, copy of to be furnished stoclcliolder, § 558. Borrowing aiid loaning money, § 5G0. By-laws, copy of to be furnished stockholder, § 558. By-laws to specify what, § 558. Delinquent shares, advertisement and sale of, § 559. Forfeited shares, advertisement and sale of, § 559. Forfeiture for owning lands in excess of two hundred thousand dollars, § 562. Forfeiture for speculating in lands, § 562. Infants may own stock, § 561. Installments, by-laws to specify what, respecting, f 558. Interest, rate of on borrowed money, § 560. Loaning and borrowing money, § 560. Married women may own stock in, § 561. Premiums, payment of, § 564. Publication of annual report, §§ 565, 566. Sale of delinquent and forfeited shares, § 559. Statute authorizing formation of corporations to pro- vide homesteads for members, p. 718. Terminated when and how, § 563. Termination of, division and disposition of property, § 563. Termination of, dividends on, § 563 Time of corporate existence, § 557. Wards may own stock, § 561. See Homestead. HOTEL-KEEPER: See Innkeepers. HOSPITAL. Corporation for hospital purposes cannot take by will unless expressly authorized, § 1275. HOURS OF LABOR, minors, of, acts regulating, pp. 721, 722. HUMBOLDT COUNTY, tolls in, § 514. HUSBAND AND WIFE, abduction of spouse, § 49. Children: See Parent and Child. Community, consent of wife to convey or give, § 172. Community, conveyance or incumbrance of furniture, clothing, etc., consent of wife, § 172. Community defined, § 687. Community, gift by husband, § 172. Community, includes what, § 164. HUSBAND AND WIFE. 897 Community, limitation of action to show property was, § 164. Community, on tiusband's death, subject to debts and allowances, § 1402. Community, power of husband over, § 172. Community, testamentary disposition of, § 172. Community, when not liable for wife's contracts, § 167. Contracts between and with others, capacity to make, § 158. Contract between, not to impair their legal relations, § 159. Contract for separation, §§ 159, 160. Co-tenancy between, § 161. Curtesy not allowed, § 173. Custody of Children: See Custody . Custody of children, when wife may obtain, § 214. Dividends on stock payable to married woman, §§ 325, 575. Domicile, husband may fix, §§ 103, 156. Domicile of wife on suit for divorce, § 129. Domicile, on separation of, § 129. Domicile, selecting unfit, amounts to desertion, § 104. Dower not allowed, § 173. • Dwelling, neither can be excluded from other's, § 157. Head of family, husband as, § 156. Homestead, wife may own stock in, § 561. Husband's rights and liabilities respecting stepchil- dren, § 209. Husband's rights of as head of family, § 156. Husband's separate property not liable for wife's debts before marriage, § 170. Husband's separate property includes what, § 163. Inheritance by: See Succession. Interests in property separate, § 157. Inventory of wife's estate, filing is notice, § 166. Inventory of wife's separate estate, § 165. Joint tenancy between, § 161. Legitimacy of issue: See Bastards; Legitimacy. Marriage settlement by minor, § 181. Marriage settlement, effect of recording, § 180. Marriage settlements, how executed, § 178. 888 HUSBAND AND WIFE. Marriage settlement to be acknowledged and recorded, §§ 178, 179. Married woman. See Married Woman. Mode of living, husband may choose, § 156. Mutual obligations of, § 155. Necessaries furnished wife, liability of husband, § 174. Obligations, mutual, § 155. Presumption on conveyance to, § 164. Presumption when property conveyed to wife, § 164. Presumption when property conveyed to wife and third person, § 1G4. Property interests, separate, § 157. Property, neither has interest in, of other, § 157. Property, of, modes by which may be held, § 161. Property rights of, code sections governing, § 177. Separate property, what is, §§ 162, 163. Separate property, presumption where property con- veyed to wife, § 164. Separation, consideration of contract for, § 160. Separation, contract for, §§ 159, 160. Separation, custody of children, § 214. Settlement, marriage, by minor, § 181. Settlements, marriage, effect of recording, § 180. Settlements, ftiarriage, how executed, § 178. Settlements, marriage, to be acknowledged and re- corded, § 179. Signature of husband not necessary on transfer of stock, § 325. Signature of husband not necessary to proxy, § 325. Stepchildren, husband's duties and liabilities as to, § 209. Stock, transfer of by married women, § 325. Support of husband, when wife liable for, § 176. Support of wife, husband liable for, § 174. Support of wife, husband not liable for, when aban- doned by wife, § 175. Support of wife living separate by agreement, husband not liable for, § 175. Tenants in common, § 161. Wife's earnings not liable for husband's debts, § 168. Wife's earnings separate property, when living apart, § 169. Wife's estate, inventory of, §§ 165, 166. HUSBAND AND WIFE— INCOME. SH Wife's property liable for her debts, § 171. Wife's property not liable for husband's debts, § 171. Wife's separate property includes what, § 162. Wife: See Married Woman. HYDRAULIC MINING, §§ 14:^^, 1425. Defined, § 1425. Wh^re can be carried on, § 1424. IDENTIFICATION of contracting parties, § 1558. IDIOT: See Insane Persons. IDLE ACT, law does not require, § 3532. ILLEGITIMATE: See Bastards; Legitimacy. IMPOSSIBILITY, ascertaining consideration, of, §§ 1612, 1613. Ascertaining object of contract, of, § 1596. Condition void because of, § 1441. Defined, § 1597. EJverything deemed possible except, etc., § 1597. Law does not require, § 3531. Of condition precedent, § 1347. Performance, of, when avoids contract, § 1598. What deemed to be possible, § 1597. IMPOTENCY as ground for annulment of marriage, § 82. IMPROBABILITY of contingency, future interest, § 697. INCAPACITY, physical, ground for annulling marriage, § 82. Terminates hiring, § 1934. Terminates agency, § 2355. To consent, ground for nullity of marriage, § 82, To contract, §§ 39, 40. See Insane Persons. INCEST, judicial declaration of incestuous marriage, §80. What marriages are incestuous, § 59. INCIDENT passes with principal, §§ 1084, 1656, 3540. Transfer of, does not pass principal thing, § 1084. INCOME, accumulations of, §§ 722-733. Accumulations: See Accumulations. Allowance out of, § 726. Bequest of, when accrues, § 1366. Defined, § 748. i Disposition of, governed how, § 722. Undisposed of, who entitled to, § 733. 900 INCREASE — INDEMNITY. INCREASE: See Accession. Freightage not cliarged for natural, of freight, § 2139. Pledged, of property, § 2989. Property, of, belongs to owner, § 732. Property, of hired belongs to hirer, § 1926. Property, of lent belongs to lender, § 1885. INCUMBRANCE: See Chattel Mortgage; Lien; Mortgage. Damages for breach of covenant of, § 3304. Implied covenants against, § 1113. Recorded instruments as notice to although defective, curative act, § 1207. INCUMBRANCER. Grant as revocation in favor of, when, § 1229. Grant, how far conclusive as to, § 1107. Incumbrancer defined, § 1114. Incumbrance imposed on devised property, § 1302. Incumbrance includes what, § 1114. Instruments, when void against, § 1227. Instruments, when not void against, § 1228. Lien of seller or buyer not valid against, § 3048. Measure of damages for breach of covenant against Incumbrance, § 3305. Mortgage, effect of, against subsequent, § 2957. Obligation respecting real property not enforced against subsequent, § 3395. Resulting trust not to prejudice, § 856. Rights of under devisee, when not impaired by his conveyance, § 1364. Transfers void against, § 3440. INDEMNITY: See Guaranty; Suretyship. Actions to recover, § 2777. Agents, acts of indemnity covers, § 2775. Agreement of, covers acts of agents, § 2775. Bond of, on transfer of stock by non-resident, § 326. ■ Defenses to actions for recovery of, § 2778. Defined, § 2772. Includes costs of defense, § 2778. Interpretation of, rules for, § 2778. Judgment for, conclusiveness of, § 2777. Liability of indemnitor, § 2778. Liability of indemnitor is joint or several, § 2777. INDEMNITY— INDORSEMENT. 901 On payment of lost negotiable instrument, § 3137. Several, to, effect of, § 2776. Sureties on, in legal proceedings called bail, § 2780. Surety, when person indemnifying is entitled to rights of, § 2779. Unlawful act, against, §§ 2773, 2774. Wrongful act, against, §§ 2773, 2774. See Guaranty; Suretyship. * INDENTURE: See Apprenticeship. INDICTMENT, nuisance, for, §§ 3491, 3492. INDORSEMENT: See Negotiable Instruments. Apprenticeship, indentures of, §§ 266, 275. Bill of lading, of, § 2127. Marriage certificate, § 73. Non-negotiable instrument, of, § 1459. Stock, necessary to transfer, § 324. Surveyor-general's, on plat of right of way, §478. INFANT, abduction, § 49. Accumulations, §§ 722-733. Action by, guardian must conduct, § 42. Action, minor may enforce rights by, § 42. Agent, appointment of, § 33. Apprenticing: See Apprenticeship. Building and loan shares may be owned by, § 648. Contract, competency to, §§ 1556, 1557. Contract rights of, § 34. Contracts of, validity, §§ 33, 34. Custody of, code provisions regulating, § 32. Delegation of power by, § 33. Disabilities of, § 33. Disaffirmance of contracts, § 35. Disaffirmance of contract for necessaries, § 36. Disaffirmance of contracts, limitation on, § 37. Disaffirmance of contracts of, by personal representa- tive, § 35. Disaffirmance of contracts, return of consideration, § 35. Employment of, acts regulating, pp. 721, 722. En ventre, rights of, § 29. Exemplary damages against, § 41. Guardian must conduct action by, § 42. Guardians: See Guardian and Ward. 802 INFANT— INJUNCTION. Head of family, as, § 12G1. Homestead stock may be owned by, § 561. Hours of labor, act regulating, pp. 721, 722. Land and building shares may be owned by, § 643. Limit of term of lease of property of infant, § 718. Marriage, conditions restraining, § 710. Marriage of, § 56. , Marriage of, annulment of, § 82. Marriage settlement by, may be made, § 181. May make and withdraw deposits in savings and loan society, § 575. Necessaries, contract for not to be disaffirmed, § 36. Period of minority computed, how, § 26. Personalty not in possession, contracts respecting, § 33. Posthumous children, property rights of, § 698. Real property, contracts respecting, § 33. Stock of, how represented at corporate election, § 313. Support of, out of accumulation, § 726. Torts of, liability, § 41. Unborn child, rights of, § 29. Who are, § 25. INFORMATION, nuisance, for, §§ 3491, 3492. Regulated by Penal Code, § 3492. See Insurance. INHERITANCE. General rules of descent, § 1386. Words of, not necessary to pass fee, § 1072. See Succession. INJUNCTION, § 3368. Allowed in what cases, § 3422. Allowed, not, in what cases, § 3423. Court of another state, proceedings in not stayed, § 3423. Federal courts, proceedings in not restrained, § 3423. Forfeiture, not enforced, § 3369. Grounds for granting, § 3423. Is provisional or final, § 3420. Legislative act of municipal corporation not restrained, § 3423. Multiplicity of suits, to prevent, § 3422. Office, when not granted in cases respecting, § 3423. Penal law, not granted to enforce, § 3369. Penalty, not enforced, § 3369. INJUNCTION — INSANE PERSONS. 903 Preveutive relief is granted by, § 3420. Preventive relief, how given, § 3368. Provisional, regulated by Code of Civil Procedure, § 3421. Statute, enforcement of not restrained, § 3423. Trust, in case respecting, § 3422. INJURY, contract for exemption from, § 1668. Obligation to abstain from, § 1708. Right of protection from, § 43. Right to defend from, § 50. Threat renders contract voidable, §§ 1569, 1570. See Damages. INNKEEPER, liability of, § 1859. Inability of, how exempted from, § 1860. Lien of, § 1861. Posting statement of charges, etc., § 1863. Sale of unclaimed baggage for storage, etc., § 1862. INSANE PERSONS, agency terminated by incapacity of parties, §§ 2355, 2356. Asylum, proceedings when placed in by superior court, § 258. Asylum, right of investigation before jury when placed in, § 258. Asylum, superior court power to place in, § 258. Contract, competency to, §§ 38, 39, 1556, 1557. Contracts of, rescission of, § 39. Custody of, code provisions regulating, § 32. Employment terminated by incapacity of Rartlea, §§ 1996, 1997. Exemplary damages against insane person, § 41. Homestead, alienation or mortgage of where spouse becomes insane, p. 718, Stats. Insanity revokes proposal to contract, § 1587. Lease of estate of, limit of term of, § 718. Marriage of, annulment of, § 82. Necessaries, liability for, § 38. Non-resident, guardian of property may be appointed, § 244. Powers of; after incapacity adjudged, § 40. Rescission of contracts of, § 39. Restoration, certificate of, evidence of legal capacity, § 40. 904 INSANE PERSONS — INSTRUMENTS. Stock of, how represented at corporate election, § 313. Superior court may appoint guardian of, in what cases, § 243. Torts of, liability, § 41. Trustee discharged by insanity, § 2282. INSOLVENCY, consignor may stop goods in transit on, of consignee, §§ 30, 7G. Defined, §§ 3077, 3450. Of consignee, § 3077. Of principal in guaranty, § 2802. Of special partnership, § 2491. Of special partnership, preferential assignments for- bidden, § 2496. See Assignment for Creditors; Fraudulent Convej;ance; Stoppage in Transit. INSPECTION of things sold with warranty, § 1785. Books of mining corporation, open to, p. 749, Stats. INSTRUMENTS, acts curing defects in, § 1207. Affecting title to real property, ownership of, § 994. Burden of proof, showing want of consideration, § 1615. By attorney in fact, executed, how, § 1094. By married women, acknowledged, how, § 1093. Cancellation of, in general, §§ 3412-3414. 'Certain non-negotiable written, transferable, § 1459. Containing condition wrong per se, void, § 709. Distinction between sealed and unsealed abolished, § 1629. Evidencing title declared by judgment, how proved by record, § 1159. Handwriting may be proved, when, § 1198. In writing prima facie import consideration, § 1614. Judgment proving, § 1203. OflBlcers authorized to take proof of, powers of, § 1201. Proof of, action for, and effect of the judgment, §§ 1203, 1204. Proof of, execution of, how made, §§ 1185, 1198. Proof of, execution of, when not acknowledged, § 1195. Proof of, witness to prove what, § 1197. Witness proving to be personally known to officer taking proof, § 1196. Proved by other than subscribing witness, how recorded, § 1162. INSTRUMENTS — INSURANCE, I, II. 905 Unrecorded, valid as between parties with notice, § 1217. INSULT, right of protection from, § 43. INSURANCE. I. Object, definition and kinds of; code provisions governing. II. Parties to; who may insure or be insured. III. Insurance by agent, factor, mortgagor, part owner, partner or trustee. • IV. Validity and rescission of. V. Insurable interest; what may be insured against. VI. Concealments and representations. VII. Warranties. VIII. Policy. IX. Premium. X. Change or transfer of interest. XI. Over-insurance; double insurance; reinsurance. XII. Loss. XIII. Questions relating particularly to fire insurance. XIV. Questions relating particularly to life insurance. XV. Questions relating particularly to marine insur- ance. Commissioner: See Insurance Commissioner. Companies: See Insurance Corporation. Fraternal societies exempt from insurance laws, § 451. I. Object, definition and kinds of; code provisions governing. Code provisions govern all kinds of insurance, §2534. Defined, § 2527. Indemnity, §§ 2772-2777. Kinds of, § 2533. Sole object of is indemnity of insured, § 2551. Accident companies: See Insurance Corporation. Mutual companies: See Insurance Corporation. • Title insurance companies: See Insurance Corpora- tion. II. Parties to; who may insure or be insured. Any one except public enemy may be insured, § 2540. Insured, who is, § 2538. Insured, who may be, § 2540. 006 INSURANCE, III, IV, V, VI. Parties are insured and insurer, § 2538. WliQ may insure, § 2539. III. Insurance by agent, factor, mortgagor, part owner, partner or trustee. Agent, by, form of policy, § 2588. Factor may insure, § 2368. Mortgaged property, insurance on, § 2541. By mortgagor, § 2542. Partner, by, rights of co-partner, form of policy, § 2590. Part owner, by, rights of co-owner, form of policy, § 2590. Trustee, by, form of policy, § 2589. IV. Validity and rescission of. Gaming policy, void, § 2558. Rescind, time for exercising right to, § 2583. Stipulation for payment irrespective of interest void, § 2558. Void, if without insurable Interest, § 2551. Void, when, § 2558. V. insurable interest; what may be insured against. Contingent or expectant interest not insurable, § 2549. Insurable interest defined, § 2546. Insurable interest in expectancy, §§ 2547, 2549. Insurable interest in life, § 2763. Insurable interest in life, assignment to one without, § 2764. Insurable interest, insurance without, void, § 2551. Insurable interest may consist in what, § 2547. Insurable interest, measure of, § 2550. Insurable interest of carrier or depositary, § 2548. Insurable interest in property, what constitutes, §§ 2546, 2547. Insurable interest, time when must exist, § 2502. Lottery not insurable, § 2532. What events may be insured against, § 2531. VI. Concealments and representations. Concealment defined, § 2561. Concealment, effect of, § 2562. Concealment, facts which need not be disclosed, § 2564. Concealment, information of one's own judgment need not be communicated, § 2570. INSURANCE, VI, VII. 907 Concealment, matters of opinion need not be com- municated, § 2570. Concealment, modification of contract and representa- tions in case of, § 2582. Concealment, provisions as to apply to modification of contract, § 2582. Concealment, what facts to be disclosed, § 2563. Disclosed, facts that must be, § 2563. Disclosed, facts that need not be without inquiry, § 2564. Fraudulent omission to communicate facts, § 25bii. Interest of insured, necessity of communicating, § 2568. Materiality of facts, test of, § 2565. Matters each party bound to know, § 2560. Matters that must be disclosed, § 2563. Matters that need not be communicated without In- quiry, § 2564. Omission to communicate facts, intentional or fraudu- lent, § 2569, Representation as to future, effect of, § 2574. Representation, effect of falsity, § 2580. Representation false, when deemed to be, § 2579. Representation interpreted, how, § 2573. Representation, materiality of, how determined, § 2581. Representation may be made, when, § 2572. Representation may be oral or written, § 2571. Representation may be altered or withdrawn, when, § 2576. Representation may not qualify policy, § 2575. Representation may qualify warranty, § 2575. Representations, provisions as to apply to modification, § 2582. Representation refers to what time, § 2577. Representing information, § 2578. Waiver of communication of facts, § 2567. VII. Warranties. As to future, § 2608. As to past or present, § 2607. Breach without fraud, § 2612. Form of, § 2604. Fraudulent, § 2569. Is express or implied, § 2603. 908 INSURANCE, VII, VII, IX, X. Must be in policy, § 2605. Performance of, relating to future, excused, when, § 2609. Past, present or future, § 2606. Violation of, policy may provide for avoidance, § 2611. Violation of, avoids policy, § 2610. VIII. Policy. Defined, § 2586. Description of insured in general terms, who can claim benefit, § 2591. Form of, on insurance by agent, § 2588. Form of, on insurance by part owner or co-partner, § 2590. Form of, on insurance by trustee, § 2589. How issued and signed, § 416. In general terms, § 2591. Is open or valued, § 2594. Material violation avoids, § 2610. May provide for avoidance, § 2611. Not transferred by transfer of thing insured, § 2593. Open, defined, § 2595. Open policy, marine, estimating loss under, § 2741. Running, defined, § 2597. Valued policy, § 2757. Valued policy defined, § 2596. What must be stated in, § 2587. Whose interest covered by, § 2588. IX. Premium. Contribution in case of over-insurance, §§ 2621, 2622. Earned, when, § 2616. Effect of .acknowledging receipt of, in policy, § 2598. How payable to mutual life, etc., company, § 446. Receipt of premium, effect of acknowledging in policy, § 2598. Return of, for fraud, § 2619. Return of, when allowed, § 2617. Return of, when not allowed, § 2618. Return of, when over-insurance by several, § 2620. X. Change or transfer of interest. Alienation, joint owners or partners, transfer between does not avoid, § 2557. Change of interest after loss, § 2554. INSURANCE, X, XI, XII. 909 Change of interest between partners, joint owners, etc., effect of, § 2557. Change of interest by death of insured, § 2556. Change of interest in one of several things, § 2555. Change of interest in thing insured, effect of, §§ 2558- 2557. Mortgagee, assignment to of insured thing, § 2541. Partners, transfer between does not avoid, s 2557. Policy, transfer of thing insured, effect of, § 2593. Successive owners, policy may be drawn to inure to, § 2592. Transfer of claim for, contract not to, is void, § 2599. Transfer of insured thing not transfer policy, § 2593. Transfer of interest in part of thing insured, effect of, § 2553. Transfer of thing insured, effect of, §§ 2553-2557. XI. Over-insurance; double insurance; reinsurance. Over-insurance, contribution to premium, §§ 2621, 2622. Over-insurance, return of premium, § 2620. Double, contribution, § 2642. Double, defined, § 2641. Reinsurance, §§ 426, 428. Reinsurance defined, § 2646. Reinsurance, disclosures required, § 2647. Reinsurance, original insured no interest in, § 2649. Reinsurance presumed to be against liability, § 2648. XII. Loss. Exoneration of insurer, what amounts to, § 2629. Interest covered by policy, § 2588. Loss, certificate of, when dispensed with, § 2637. Loss, excepted perils, § 2628. Loss incurred in rescue from peril, § 2627. Loss, notice of, §§ 2633-2637. Loss, partial, § 2757. Loss, partial, under valued policy, § 2757. Loss, preliminary proofs, §§ 2634-2636. Loss, proof of, sufficiency of preliminary proofs, § 2634. Loss, remote and proximate cause, § 2626. Negligence does not exonerate insurer, § 2629. Notice of loss, effect of delay to give, § 2633. Notice of loss, waiving defects in, § 2635. Notice of loss, waiving delay in, § 2636. 810 INSURANCE, XII, XII, XIV, XV. Perils, excepted, cover what losses, § 2628. Perils, loss in rescuing from, § 2627. Perils, remote and proximate, § 2626. Wilful act of insured exonerates insurer, § 2629. Xlli. Questions relating particularly to fire insurance. Fire, companies: See Insurance Corporation. Contribution in case of double insurance, effect ot insolvency, § 2642. Double insurance, contribution, § 2642. Effect of valuation in policy, § 2756. Examination of premises by insured, and value fixed, § 2757. Increase of risk, §§ 2753-2755. Increase of risk, acts affecting an, but not violating the policy, § 2755. Increase of risk, alterations that affect an, § 2753. Increase of risk, alterations that do not affect an, § 2754. Measure of indemnity, § 2756. Partial loss, § 2757. Property which may be insured, § 426. Reinsurance, §§ 426, 428. Valued policy, § 2757. XiV. Questions relating particularly to life insurance. Life: See Insurance Corporation. Assignment of policy, §§ 2764, 2765. Assignment for creditors, insurance upon life does not pass, § 3470. Assignment, necessity of, notice of, § 2765. Does not pass on assignment for creditors, § 3470. Insurable interest, § 2763. Measure of indemnity, § 2766. Nonforfeiture clause, § 450. Right to paid-up policy, § 450. When payable, § 2762. XV. Questions relating particularly to marine insurance. Marine: See Insurance Corporation. Abandonment, acceptance of conclusive, § 2728. Abandonment, acceptance of not necessary, § 2V27. Abandonment, accepted is irrevocable, § 2729. Abandonment, agent's acts after, efiect of, § 2726. Abandonment defined, § 2716. INSURANCE, XV. 811 Abandonment, effect of, § 2724. Abandonment ineffectual, when, § 2720. Abandonment made, how, § 2721. Abandonment must be absolute, § 2718. Abandonment must not be partial or conditional, § 2718. Abandonment, no other cause than specified can be relied on, § 2723. Abandonment, notice must specify all causes of, § 2723. Abandonment, notice of, not necessary on total loss, § 2709. Abandonment not presumed from mere silence, § 272T. Abandonment of freightage, § 2717. Abandonment of ship, effect on freightage, § 2730. Abandonment, omission to make, right of recovery, § 2732. Abandonment, refusal to accept, liability on, § 2731. Abandonment, requisites of notice of, §§ 2722, 2723. Abandonment, time within which may be made, § 2719. Abandonment, waiver of formal, § 2725. Abandonment, when proper, § 2717. Against actual total loss covers what, § 2712. Average, general, §§ 2148-2155. See General Average. Average loss, § 2711. Average, particular, liability, § 2711. Charterer has insurable interest, § 2665. Charter party, insurable interest exists under, § 2663. Concealment, effect of, § 2672. Concealments not vitiating policy, § 2672. Contribution in case of double insurance, effect of insolvency, § 2642. Contribution, subrogation of insurer, § 2745. Course of sailing determined, how, § 2693. Defined, § 2655. Deviation defined, § 2694. Deviation exonerates insurer, § 2697. Deviation improper, when, § 2696. Deviation proper, when, § 2695. Double, §§ 2641, 2642. Double insurance, contribution, § 2642. Expense and labor, liability of insurer for, § 2743. Freightage signifies what, § 2661. General average loss, §§ 2711, 2744. Information must be communicated, § 2669. H2 INSURANCE, XV. Insurable interest in expected freightage, § 2662. Insurable interest in profits, § 2664. Insurable interest in ship, § 2659. Insurable interest of charterer, § 2665. Insurable interest reduced by bottomry, § 2660. Labor and expenses, liability of insurer for, § 2743. Liability where cargo reshipped, § 2707. Loss, average, § 2711. Loss, constructive total, § 2705. Loss, estimating under open policy, § 2741. Loss is total or partial, § 2701. Loss, partial, § 2702. Loss, partial, anchors, cannon and sheathing metal, how estimated, § 2746. Loss, presumed from continued absence, § 2706. Loss, total, is actual or constructive, § 2703. Loss, what amounts to actual total, g 2704. Material information, § 2670. Measure of indemnity in general, §§ 2736-2746. Neutral papers, § 2688. On cargo when voyage broken up, § 2707. One third new for old, exceptions to, § 2746. Open policy, estimating loss under, § 2741. Partial loss, liability on, §§ 2737, 2742. Partial loss, measure of indemnity, §§ 2737, 2742. Partial loss, one third new for old, § 2746. Prior loss, knowledge of, presumption of, § 2671. Profits, measure of recovery for, § 2738. Profits, valuation in policy applied to, § 2740. Property which may be insured, § 426. Reinsurance, §§ 426, 428. Representation, effect of false, § 2676. Representation eventually false, § 2677. Representation of expectation, § 2677. Reshipment when voyage broken up, liability, §§ 2707, 2708. Seaworthiness as to cargo, § 2687. Seaworthiness, at what time must exist, § 2683. Seaworthiness, degrees of at different stages of voyage, § 2685. Seaworthiness, what constitutes, § 2684. Ship's manager may not insure, when, § 2389. Subrogation of marine insurer, § 2745. INSURANCE, XV— INSURANCE CORPORATION. 913 Unseaworthiness occurring in voyage, delay in repair- ing, § 2686. Valuation applied to profits, § 2740. Valuation in policy, apportioned when part only ex- posed, § 27S9. Valuation in policy, conclusiveness of, § 2736. Voyage insured is what, § 2692. Warranty of neutrality, § 2688. Warranty of seaworthiness, § 2681. When insured entitled to payment, § 2709. INSURANCE COMMISSIONER, § 447. Duty regarding corporations to give bonds, p. 681, § 3, Stats. Insurance company to report investments to, § 427. Power of, over investments by insurance corporations, § 427. INSURANCE CORPORATION: See Insurance. Accident insurance on assessment plan, act relating to, p. 724. Accident, act for incorporation of mutual insurance companies for insurance against, p. 731. Accident insurance: See post, this title. Annuity insurance on assessment plan, p. 724, Stats. Assessment plan, health, life, accident, annuity, and endowment insurance on, p. 724, Stats. • Assessments on stock, limitation of, § 332. Benevolent societies exempt from insurance laws, § 451. Benevolent societies not insurance corporations, § 451. Capital, cash assets of one hundred thousand, must have, when, § 420. Capital, cash assets of two hundred thousand dollars, must have, when, § 419. Capital, foreign mutual corporation must have two hundred thousand dollars cash assets, § 419. Capital stock must be one hundred thousand, when, § 420. Capital stock must be at least two hundred thousand, when, § 419. Directors, alteration in number of, § 443. Directors liable for loss on insurance, when, § 418. Directors liable on what policies, § 418. Directors, not to be less than five, § 443. Civ. Code — 39 914 INSURANCE CORPORATION. Dividends, amounts to be reserved before making, § 429. Dividends, of what and when declared, § 417. Dividends, of what not to be declared, § 417. Endowment insurance on assessment plan, p. 724, Stats. Fire, county fire insurance companies, organization and management of, p. 732, Stats. Fire and marine, capital to be paid in cash in twelve months, § 424. Fire and marine, certificate of capital stock to be filed, and when, § 425. Fire and marine, dividends, amounts to be reserved before making, §§ 429, 430. Fire and marine, extent of power of assessment, § 332. Fire and marine, how may invest funds, § 427. Fire and marine, limitation on risks, § 428. Fire and marine, payment of subscriptions, § 424. Fire and marine, rate of risk, § 428. * Fire and marine, reservations by companies with less than two hundred thousand, § 430. Fire and marine, risk, limitation on, § 428. Fire and marine, twenty-five per cent of capital to be paid up before policies issued, § 424. Foreign, capital 'stock must be one hundred thousand, when, § 420. Foreign, cash assets of one hundred thousand dollars, must have, when, § 420. Foreign, cash assets of two hundred thousand dollars, must have, when, § 419. Foreign, must have capital stock of two hundred thousand, when, § 419. Foreign, retaliatory provisions, §§ 447, 449. Fraternal societies exempt from insurance laws, § 451. Funds, how may be invested, § 427. Health, act for incorporation of mutual insurance com- panies for insurance against, p. 731. Health, act for incorporation of mutual insurance companies for insurance of, p. 731. Health insurance on assessment plan, act relating to, p. 724. Health insurance: See post, this title. Insurance, law of, in general: See Insurance. INSURANCE CORPORATION. 916 Investment must not exceeTi market value of securities, § 427. Investments, funds, how may be invested, § 427. Investments, power of insurance commissioner over, § 427. Investments to be reported to insurance commissioner, § 427. Life, amounts to be reserved before declaring divi- dends, § 431. Life, nonforfeiture clause, § 450. Life, right to paid-up policy, § 450. Life insurance on assessment plan, act relating to, p. 724. Mutual insurance companies for insurance of life and health and against accident, p. 731, Stats. Mutual insurance corporEtion, foreign, must have two hundred thousand dollars cash assets, § 419. Mutual life, health, and accident, in general, §§ 437-451. Mutual life, etc., by-laws may limit number shares one may hold, § 445. Mutual life, etc., by-laws may provide for protection of stockholders, § 445. Mutual life, etc., capital stock, amount of, § 437. Mutual life, etc., declaration of fixed capital, § 440. Mutual life, etc., fixed capital, of what consists and deficiency therein, § 439. Mutual life, etc., guaranty fund, § 437. Mutual life, etc., guaranty fund to consist of what, § 438. Mutual life, etc., guaranty notes and interest, how disposed of, § 441. Mutual life, etc., insurance commissioner, furnishing data to and duties of, § 447. Mutual life, etc., insured entitled to vote, when, § 442. Mutual life, etc., loan not to exceed sixty per cent of market value, § 444. Mutual life, etc., may invest in what securities, § 444. Mutual life, etc., no stamp required on accident in- surance contract, § 448. Mutual life, etc., policies not to be issued until what time, § 437. Mutual life, etc., policies, participation in profits, § 446. Mutual life, etc., premiums payable, how, § 446. Mutual life, etc., subscriptions, § 437. 916 INSURANCE CORPORATION— INTENTION. Mutual life, etc., surplus,. § 437. Mutual life, etc., valuation of policies not accepted In other states, retaliatory provisions, § 449. Mutual life, etc., valuation of policies outstanding, when and how estimated, § 447. Policies, by what officers to be signed, § 416. Policies, how issued, § 416. Real property, restrictions on purchasing, holding and conveying, § 415. Seal policies without, § 416. Subscription to capital stock, opening books of, § 414. Subscriptions to capital stock, securing, § 414. Title insurance company may invest funds in plant, § 427. Title, dividends, amounts to be reserved before making, § 432. Title, dividends declared of what, § 432. Title, surplus fund and impairment and restoration, § 432, See Insurance. INTEMPERANCE, divorce for, §§ 92, 107. INTENTION, fraudulent, question of fact, § 3442. General terms restricted by main, § 1648. How ascertained, § 1637. How ascertained in revision, § 3401. Of grantor in ambiguous grant, § 1068. Of testator, §§ 1317, 1370. Of testator, how ascertained, § 1318. Of trustor, necessary to creation of trust, § 2221. Overrules grammatical construction, § 1324. Overrules technical meaning, § 1327. Particular clauses subordinate to general, § 1650. Presumption of, to destroy or cancel contract, § 1699. Revision of contract so as to conform to, § 3399. Substantial compliance with, sufficient, § 1348. Superior to terms of written contract, when, § 1640. To deceive, an essential element of fraud, § 1572. To desert, not always coexistent with separation, § 100. To extinguish old obligation, necessary in novation, § 1531. To govern interpretation of contract, § 1636. To make ademption, must be in writing, § 1351. INTENTION — INTEREST. 917 When ascertained by the language, § 1638. When ascertained by the writing alone, § 1639. Words inconsistent with, rejected, § 1653. INTEREST, annual rate where no time fixed, § 1916. Any rate agreed on allowed until entry of judgment, § 1918. Any rate may be agreed on, § 1918. Application of, § 1479. Bequest of, income when accrues, § 1366. Bottomry contract, rate, § 3022. Building and loan corporation, rate of, § 634. Cemetery bonds, rate on, § 611. Compounding, § 1919. Compound, trustee's liability for, § 2262. Computation of, § 1917. Damages, as, § 3288. Damages, interest on, 3287. Damages prescribed in code are exclusive of, § 3357. Defined, § 1915. Guaranty notes of mutual life insurance companieSi on, § 441. In action ex delicto, § 3288. Judgment, on, §§ 1917, 1920. Land and building corporation, § 634. Legacies, on, § 1369. Legal rate, §§ 1917, 1918. Offer of performance stops, § 1504. Protested bill, on, § 3236. Presumed on loan, § 1914. Principal, agreement that interest shall become part of, § 1919. Railroad bonds, on, § 456. Rate after breach of contract, § 3289. Rate after verdict, § 3289. Rate in absence of contract, § 1917. Rate, limit of by contract, § 3289. Rate, on money borrowed by homestead corporation, § 560. Rate, parties may agree for any, § 1918. Respondentia, rate, § 3039. Special partner entitled to, § 2494. Trustee liable for, if omits to invest trust funds, § 2262. WIS INTEREST — INTESTACY. Trustee's liability for, to beneficiary, § 2237. Waiver of, by accepting principal, § 3290. Year, what deemed to be in computation of, § 1917. INTERESTS IN PROPERTY absolute, § 679. Chattel, § 765. Classification, § 702. Denominated estates, § 701. Future, § 690. Future contingent, § 695. Future contingent, may be alternative, § 696. Future contingent, not void because improbable, § 697. Future, how defeated, §§ 739, 740. Future, none unless specified, § 703. Future, pass by transfer, § 699. Future, right of posthumous children, § 698. Future vested, § 694. Future, when not defeated, §§ 741, 742. In common, § 685. In existing trust, how transferred, § 1135. In ship, how transferred, § 1135. Joint, § 683. Limited, § 692. Mere possibility of, not transferrable, § 700. Merger of, destroys servitude, § 811. Partnership, § 684. Perpetual, § 691. Present, § 689. Qualified, § 680. Time of creation of, § 749. Transfer of, when mortgage, § 2921. Trustee must give beneficiary notice of acquisition of, § 2233. What affected by transfer, § 1083. When void for suspending alienation, § 716. INTERLOCUTORY DECREE, in divorce proceedings, §§ 61, 131, 132. INTERPRETATION: See Construction. INTERPRETER, acknowledgments, officer taking may employ, § 1201. INTESTACY, disposition of property in case of, § 1384. Rules of descent of property in case of, § 1386. Succession in case of, §§ 1383-1409. See Succession. Will interpreted to avoid, if possible, § 1326. INTESTATE— JOINT. 919 INTESTATE, estate of chargeable with debts, § 1358. See Succession. INUNDATION, deposit in case of, §§ 1815, 1816. INVENTIONS, author of, has exclusive ownership, § 980. Property in, §§ 980-985. Subsequent inventor of same thing, rights of, § 984. INVENTORY, assignor for creditors must make, §§ 3461, 3462. Legatee for life, inventory by, and what to containi § 1365. Of separate property of wife, §§ 165, 166. Specific legatee must take and deliver, § 1365. INVESTMENT. Insurance companies, how may invest funds, § 427. Trustee, by, §§ 2261, 2262. IRRIGATION: See Water and Canal Corporation. Rates of water for, supervisors may fix, p. 786, Stats. IRRIGATION CORPORATION, § 552. Transfer of stock, § 324. ISLAND, belongs to whom, §§ 1016-1018. ISSUE, interpretation of, § 1071. JACKS. Lien of owner of jack used for propogation, p. 738, Stats. JETTISON, §§ 2148-2155. By whom may be made, § 2150. Defined, § 2148. In general, § 2155. Loss by, how borne, § 2151. Order of, § 2149. Rules governing apply to what sacrifices and expenses, § 2155. Things stored on deck, § 2154. When justifiable, § 2148. JOINT and several, contract when presumed to be, §§ 1659, 1660. And several obligation, § 1430. Authority, how construed, § 12. Authorship, § 981. Contribution of parties, § 1429. Contribution between joint or joint and several obli- gors. § 1432. 820 JOINT— JUDGMENTS. Creditor, directions by one, § 1476. Creditor, performance to one, § 1475. Debtor, performance by, § 1474. Debtors, release of, § 1543. Delivery by depositary of thing owned jointly, § 1827. Drawees, presentment to, § 3187. Drawees, presentment to one, and refusal, § 3187. Employees, duty of survivor, § 1991. Guardian, death of, § 252. Interest, change in, does not affect insurance, § 2557. Interest defined, § 683. Obligations, §§ 1430-1432. Obligation presumed joint when, § 1431. Obligor, performance by, § 1474. Ownership defined, § 683. Owners, delivery of deposit to, how made, § 1827. Promise presumed joint and several, §§ 1659, 1660. Service after death of joint employee, § 1991. Trustee, liability of, § 2239. Trustees, all must act, § 2268. * Trustees, survivorship between, § 2288, JOINT STOCK COMPANY. Contract to relieve director from liability void, §§ 325, 327. JUDGE. Acknowledgment, what judges may take, § 1180. Police judge may solemnize marriage, § 70. Superior, may consent to apprenticeship when, § 266. JUDGMENTS. Action lies to obtain judgment proving In- strument, § 1203. Affecting title may be recorded without acknowledf- ment, § 1159. Confession of, by special partner, void, § 2496. Confess, partner may not, § 2430. Effect of, in action to prove instrument, § 1204. Interest on, §§ 1917, 1920. Lien governed by Code of Civil Procedure, § 3058. Marriage, annulling, conclusiveness of, § 86. Partner may not confess, § 2430. Proving instrument, § 1204. Recording: See Recording. Title, for possession or, § 3375. Unrecorded instrument, void as against, § 1214. JUDICIAL SALE — LANIJLORD AND TENANT. 921 JUDICIAL SALE, foreclosure of right to redeem pledge, § 3011. Warranty on, § 1777. JUSTICE OF PEACE, acknowledgment, certificate of, au- thority to take, § 1194. Acknowledgment, may take, § 1181. Apprenticeship, consenting to, § 265. Marriage ceremony, may solemnize, § 70. May direct calling meeting of corporation, when, § 311. KILLING SHEEP by dogs, § 3341. KINDRED, collateral line, § 1393. Degree of, how established, § 1389. Direct line, § 1392. Half blood inherit equally, § 1394. Series of degrees of, § 1391. KLAMATH COUNTY, tolls in, § 514. KNOWLEDGE: See Notice. Necessary to ratification, § 2314. Of principal not necessary to create guaranty, § 2788. LABOR. Hours of labor of minor, acts regulating, pp.721, 722. LABORER, lien of, § 3052. LAKE, boundary, lake as, rights of owners, § 830. State owns land below water of, § 670. LAND defined, § 659. LAND AND BUILDING CORPORATION: See Building and Loan Corporation. LAND AND WATER CORPORATIONS dividing land, wa- ter and water-rights among stockholders, § 309. See Water and Canal Corporations. LANDLORD AND TENANT: See Lease; Rents. Adverse proceeding, tenant to give notice of, § 1949. Assignee of lessee, liability of, § 822. Assignee of lessee, rights of lessor against, § 822. Assignee of lessor, rights of lessee and assignee against, § 823. Attornment by tenant not required, when, § 1111. Attornment of tenant to stranger, § 1948. ••* Change in terms of lease, § 827. 922 LANDLORD AND TENANT. Dwelling-house, lessor to put in fit condition, § 1941. Ejectment, tenant to give notice of, § 1949. Ejectment without notice, § 793. Fixtures: See fixtures. Grant by landlord, right of tenant paying rent before notice, § 1111. Holding over willfully, treble rent, § 3345. Lease for life, rent recoverable after death, § 825. Lease, statute of frauds, § 1624. Lease, terms of, may be changed by notice, § 827. Lessees and their assignees, rights of, § 823. Lessee's assignee, liability of, § 822. Letting parts of rooms forbidden, § 1950. Lodgings, hiring for indefinite term, presumption as to, § 1944. Notice of change in terms of lease, § 827. Notice,. re-entry on termination of, § 790. Notice, rights on termination of, § 790. Notice to quit, length of, §§ 789, 1946. Possession, action lies for without notice, when, § 793. Quit, failure to after notice, treble rent, § 3344. Re-entry after termination of notice, § 790. Re-entry, right of can be transferred, § 1046. Re-entry, when and how to be made, § 791. Renewal of lease by acceptance of rent, § 1945. Renewal of lease by continued possession, § 1945. Renewal presumed in absence of notice of termina- tion, § 1946. Renewed, tenancy deemed unless notice to quit given, § 1946. Rent dependent on life recoverable after death, § 825. Rent, effect on of lessor's failure to repair, § 1942. Rent on life lease, recovery of, § 824. Rent payable when, § 1947. Rent, tenant released from by letting room in parts, § 1950. Repairs, duty of lessor to make, § 1941. Repairs, effect of lessor not making, § 1942. Repairs, failure to make, vacation of premises, § 1942. Repairs, when lessee may make, § 1942. Repairs, when lessor to make, § 1941. Rooms, letting in part forbidden, § 1950. LANDLORD AND TENANT — LEASE. 923 Summary proceedings to obtain possession, § 792. Tenant at will, rights of, §§ S19, 820. Tenant entitled to whole room, § 1950. Tenant for years, rights of, §§ 819, 820. Tenant must deliver notice served on him, § 1949. Term, hiring lodgings or house for indefinite, § 1944. Term of hiring when no limit fixed, § 1943. Termination of tenancy, at will, notice, §§ 789, 790. Treble rent for failure to quit after notice, § 3344. Treble rent for holding over, § 3345. Vacation by tenant for want of repairs, § 1942. See Lease; Rents. LAPSED devise, § 1343. Legacy, § 1343. LAPSE OF TIME, bottomry lien, extinguishes, § 3027. Defined, § 125. Divorce denied on, § 111. Lien, extinguishes, § 2911. Nuisance, does not legalize, § 3490. Partnership dissolved by, § 2450. Presumptions arising from, rebutting, § 126. Proposal to contract revoked by, § 1587. See Limitation of Actions. LATERAL SUPPORT, easement of, § 801. Excavations, § 832. Right of, § 832. LAUNDRY, lien on, § 3051. LAW, fraud a question of fact and not of, § 3442. Obligations imposed by, §§ 1708-1717. LEASE: See Hiring; Landlord and Tenant. Agricultural lands, of, not over ten years, § 717. Building and loan association may make, § 640, Change in terms of, § 827. City lots, of, not over fifty years, § 718. Lessees and their assignees, rights of, § 823. Lessees, assignees, liability of, § 822. Incompetent, limit of term of lease of, § 718. Infant, limit of term of lease of, § 718. Letting part of rooms forbidden, § 1950. Life, rent, how recoverable, § 824. Limit of term of lease of city lot, § 718. 924 LEASE— LETTER OF CREDIT, Limit of term of lease of minor or incompetent person, § 718. Limit of term of lease of property of municipality, § 718. Recording, want of rights of bona fide purcnaser, § 1214. Renewal by continued possession, § 1945. Rents: See Rents. Statute of frauds, § 1624. Telegraph or telephone, property of, lease of, § 540. Trust, express, to lease realty, § 857. Terms of may be changed by notice, § 827. LEGACY, gift causa mortis treated as, § 1153. See Wills. LEGISLATURE, dissolution of corporation by, § 384. Examination by, into affairs of corporation, *§ 383. Regulation of freights, § 465. LEGITIMACY. Adoption of illegitimate child, consent, § 224. Adultery of husband, effect on of children, divorce for, § 144. Adultery of wife, divorce for, legitimacy of children, § 145. Children legitimate where marriage annulled or divorce granted, § 1387. Mother may appoint guardian of illegitimate child, § 241. Of children born after dissolution of marriage, § 194. Of children born in wedlock, § 193. Of children not affected by annulment of marriage, § 84. Of children, who may dispute, § 195. Presumption of, § 195. See Bastards. LESSOR AND LESSEE: See Landlord and Tenant. LETTER OF ATTORNEY: See Power of Attorney. LETTER OF CREDIT, construction of, § 2866. Credit given must agree with terms of, § 2866. Defined, § 2858. General, authority to pay under, § 2862. General, defined, § 2861, LETTER OF CREDIT— LIEN. 825 General, extent of, § 2863. General, nature of, § 2862. General, rights of one paying under, § 2862. General, several persons may successively give credit, § 2863. How may be addressed, § 2859. Is general or special, § 2860. Liability of writer, § 2860. May be continuing guaranty, § 2864. Notice to writer, whether necessary, § 2865. Special, defined, § 2861. LETTERS containing valuables, carrier's liability, § 2177. Property in, § 985. Right to publish, § 985. When deemed to be continuing guaranty, § 2864. LETTERS PATENT, acknowledgment of, not necessary to recording, § 1160. Lost, recording certified copy, § 1160. LEX DOMICILII governs personalty, § 946. LIBEL, defamation, § 44. Defined, § 45. Malice, when not inferred, § 48. Privileged communications, defined and classif ed, § 47. Right to protection from, § 43. LICENSE, marriage, §§ 69-79. Ships, of, § 966. Street railway's, § 508. To take tolls, § 528. LIEN, accessory to act secured, § 2909. Agistor's, § 3051. Apportionment of, § 2912. As security for performance of obligatioii not in ex- istence, § 2884. Attachment, lien of oflicer, § 3057. Banker's, § 3054. Boarding-house keepers, § 1861. Bottomry, priority, § 2897. Bottomry, generally, §§ 3017-3029. See Bottomry. Bulls used for propogation, liens in favor of owner, p. 738, Stats. Carrier's, § 2144. 926 LIEN. Carrier's, on baggage, § 2191. Carrier's, ship's manager may not give up, § 2389. Claim not due, no lien for, § 2882. Compensation, holder not entitled to for trouble or ex- pense, § 2892. Confined to original obligation, § 2891. Contract, may be created by, § 2884. Contract respecting, when void, § 2889. Contracts subject to, in general, § 2877. Conversion, damages of lienor, § 3338. Created by law or contract, § 2881. Defined, § 2872. Delivery, want of change of, effect of, § 3440. Depositary has, § 1856. Execution, lien of ofllcer, § 3057. Extent of, § 2891. Extinguished by limitation, § 2911. Extinguished by restoration of property, § 2913. * Extinguished by sale or conversion, § 2910. Extinguished how, in general, § 2909. Extinguished, not by partial performance, § 2912. Factor's, 3053. Forfeiture of property, contract for, void, § 2889. Fraudulent conveyance, delivery, § 3440. Future interest, lien on, when attaches, § 2883. Future interest, on, § 2883. Future obligation, as security for, § 2884. General or special, liens are, § 2873. General, defined, § 2874. Homestead, liability for, § 1241. Hotelkeeper's, § 1861. Incumbrance includes, § 1114. Innkeeper's, § 1861. Is general or special, § 2873. Jacks used for propogation, lien of owner, p. 738, Stats. Judgment, covered by Code of Civil Procedure, § 3058. Laborer's, §, 3052. Laborers on threshing-machines, liens of, p. 743, Stats. Laundry, for, § 3051, Laundry, on, § 3051. Livery-stable keeper, of, § 3051. Livestock, for keeping, § 3051. LIEN. 927 Lodging-honse keepers, § 1861. Loggers and laborers in logging camps, lien of upon logs, p. 740, Stats. Mechanic's, regulated by civil procedure, § 3059. Mortgage, subject to law of, § 2877. See Mortgage. Officer's, for levying writ, § 3057. Order of resort to different funds, § 2899. Partner's, in mining partnership, § 2514. Partner's, on shares of copartner for payment of firm debts, § 2405. Part performance does not extinguish, § 2912. Pasturing stock, for, § 3051. Personal obligation not implied by, § 2890. Personalty, on, for repairs, etc., § 3052. Pledge, § 2877. Pledge, lienor may, § 2990. Pledge, subject to law of, § 2877. Possession, lien dependent on, § 3051. Prior, right of holder of special lien paying, § 2876. Priority, § 2897. Priority of bottomry, §§ 3028, 3029. Priority of liens against ship, § 3028. Priority of purchase money mortgage, § 2898. Purchaser of interest in mining claim takes subject to, §§ 2517, 2518. Recording, § 1164. . Redemption, contract in restraint of, void, § 2889. Redemption, how made, § 2905. Redemption, rights of inferior lienor as to, § 2904. Redemption, who entitled to, § 2903. Respondentia subject to law of, §§ 2877, 2897. See Respondentia. Repairs, for, § 3052. Sale of personalty to enforce, § 3052. Salvage, lien for, § 2079. Seamen's, § 3056. Services, for, § 3051. Sheriff's, § 3057. Shipmaster's, § 3055. Ship's, debts when liens against, § 3060. Special, defined, § 2875. 928 LIEN — LITERARY PROPERTY. Special, mortgage is, unless, § 2923. St)ecial partner, of, when void, § 2496. Special, right of holder who pays prior Hen, § 2876. Stallions used for propogation, lien in favor of owner, p. 738, Stats. $toppage in transit, §§ 3076-3080. Storage, for, § 1856. Subrogation of redemptioner, § 2904. Title not transferred by, § 2888. Transfers no title, § 2888. Vendee's, § 3050. Vendor of personalty, lien of, § 3049. Vendor's, §§ 3046-3049. Vendor's, valid against whom, § 3048. Vendor's, waiver of by transfer of contract, § 3047. LIFE INSURANCE: See Insurance. LiGHT, easement of, § 801. LIMITATION OF ACTION. Action to show property was community, § 164. I Corporation to organize within one year, § 358. ' Director's personal liability, § 309. Divorce, §§ 124-127. Divorce is defeated by, § 111. For annulment of marriage, § 83. Prescription, § 1007. Lien extinguished by what, § 2911. Nuisance, time does not legalize, § 3490. Nuncupative will, proof of, § 1290. Partner in liquidation cannot revive debt, § 2462. Recovery of stock sold for delinquent assessments, § 347. LIMITED INTEREST defined, § 692. LINEAL WARRANTIES abolished, § 1115. Liability of heir or devisee under, § 1115. LIQUIDATED DAMAGES, §§ 1670, 1671. Not bar to specific performance, § 3389. LITERARY CORPORATIONS. Elections, no cumulative voting unless by-laws provide, § 307. LITERARY PROPERTY is assignable, § 982. Author has exclusive ownership, § 980. LITERARY PROPERTY — LOAN. 929 Joint production, how owned, § 981. Ownership of, how long continues, § 980. Publication of, effect of, § 983. Subsequent author of the same thing, rights of, § 984. There may be ownership in compositions, § 655. LIVERY-STABLE, lien on animals kept, § 3051. LIVESTOCK, lien for keeping, § 3051. Combinations to obstruct sale of, prevented, p. 665, Stats. I LOAN: See Building and Loan Associations; Savings and Loan Associations; Deposit; Hiring. Animal, care required of borrower of, § 1887. Borrower not to part with thing to third person, § 1891. Building and loan associations, act creating board of commissioners, p. 681. Care required of borrower, §§ 1886, 1887, 1888. Defects, lender liable for, § 1893. Defined, § 1884. Demand, when thing returnable without, § 1895. Exchange, expenses of property, § 1904. Exchange, for, code sections applicable to, § 1906. Exchange, for, defined, §§ 1902, 1903. Exchange, for, lender cannot modify contract, § 1905. Exchange, for, title to property, § 1904. Exchange, increase of, to whom belongs, § 1904. Expenses, when borrower to bear, §§ 1892, 1904. Hiring, §§ 1925-1959. See Hiring. See Animals. Injuries, when borrower to repair, § 1889. Interest on, §§ 1914-1920. Money, of, defined, § 1912. Money, of, interest, §§ 1914-1920. Money, of, presumed to be on interest, § 1914. Money, of, to be repaid in current money, § 1913. Particular use, for, § 1930. Place of return, § 1896. Presumed to be on interest, § 1914. Reloaning forbidden, § 1891. Returnable without demand, when, § 1895. Return of thing, indemnity to borrower, § 1894. Return of thing, owner may require at any time, § 1894. 830 LOAN — MAP. Return, lender requiring, to indemnify borrower when, § 1894. Return, place of, § 1896. Stiipmaster's authority to borrow money, § 2374. Ship's manager may not borrow money, § 2o89. ' Skill required of borrower, § 1888. Title of property loaned, § 1885. Use of thing loaned, § 1890. "Use, for mere, code sections governi^ig, § 1912. LODGING-HOUSE KEEPER: Se*e Innkeepers. Cubic air law, p. 743, Stats. Lien on baggage, § 1861. Posting statement of charges, § 1863. Rent payable when, § 1947. Sale of unclaimed baggage, § 1862. Term presumed hired for, § 1944. LOST INSTRUMENTS. Payment of lost negotiable in- strument, indemnity, § 3137. Recording certified copies of lost letters patent, § 1160. LOST PROPERTY: See Finder. LOTTERY, insurance of, not authorized, § 2532. LUGGAGE: See Baggage. LUNATIC: See Insane Person. MAIL CARRIERS to ride free on street railways, p. 773, Stats. MAINTENANCE: See Divorce; Parent and Child. MAJORITY, age of, § 25. Attainment of ward to terminates guardianship, § 255. Joint authority, words giving, § 12. Mining partnership, majority control, § 2520. Of partners, authority of, § 2428. MALICE: See Libel; Slander. Exemplary damages for, § 3294. Interest as damages in case of, § 3288. MANUFACTURE, agreement to, need not be in writing, § 1740. Implied warranty on sale of, §§ 1769, 1770. MAP of wagon road, § 513. Railroad, to be filed, § 466. MARINE CARRIERS— MARRIAGE. 931 MARINE CARRIERS, delay, § 2117. Delivery of freight, manner of, § 2119. Deviation from voyage, § 2117. General duties of, § 2117. Governed by congress, § 2088. Is what, § 2087. Liability, effect of acts of congress, § 2197. Liability in case of fire, § 2197. Liability of, §§ 2197, 219S. Liability, perils of the sea, § 2197. Perils of sea are what, § 2199. Perils of sea, liability for loss by, § 2197. Regulated by acts of congress, § 2198. Stowage, § 2117. MARINE INSURANCE: See Insurance. MARITIME LAW: See Shipping. MARK as signature, § 14. Included in signature or subscription, § 14. Signature by, how made, § 14. Signature by, two witnesses necessary, § 14. MARRIAGE. Absence of former spouse, marriage during, effect of, § 61. Action to have marriage declared incestuous or void, § 80. Action to have validity of marriage declared, § 78. Annulment of, conclusiveness of judgment of, § 86. Annulment of, custody of children, § 85. Annulment of, does not affect legitimacy of children, § 84. Annulment- of , grounds for, § 82. Annulment of, limitation of actions for, § 83. Annulment of, time within which to bring action for, § 83. Annulment of, who may sue tor, § 83. Breach of promise, damages, § 3319. Breach of promise of, want of chastity justifies, § 62, Certificate of, delivery of copy to parties, §§ 74, 79. Certificate of, filing, §§ 74, 79. Certificate of, requisites of, § 73. Conditions restraining, effect of, § 710. Conflict of laws relating to, § 63. 932 MARRIAGE. Consent alone will not constitute, § 55. Consent, how proved, § 57. Consent to, minors when may, § 57. Contracted out of state, validity of, § 63. Custody of children of annulled marriage, § 85. Declaration of, by action in court, § 78. Declaration of, by members of particular denomina- tion, § 79%. Declaration of, penalty for failure to record, § 'i^Ys. Declaration of, recording, § 791/2. Declaration of, subscription and attestation of, § 76. Declaration of, to be acknowledged and recorded, §§ 77, IdVz. Declaration of, to contain what, § 76. Declaration of, when may be made, §§ 76, 77. Defined, § 55. Dissolution of: See Divorce. Dissolved how, § 90. Divorce: See Divorce. Examination of applicant for license, § 72. Examination of candidate, § 72. Foreign, validity of, § 63. Guardian, powers of terminated by, § 255. Incestuous, judicial declaration of, § 80. Incestuous, what is, and effect of, § 59. Infant's, ends parental authority, § 204. Legitimacy of children born in wedlock presumed, § 193. Legitimacy of children not affected by annulment of marriage, § 84. Legitimate, children are, where divorce granted, § 1387. Legitimate, children of annulled marriage are, § 1387. Legitimizes child born before wedlock, § 215. License, certified copy of, § 74. License, consent, filing of, § 69. License, consent necessary where parties under age, § 69. License, examination of applicant for, § 69. License, filing, § 74. License, marriage without, § 79. License, minister may marry without when, § 79. License, necessity of, §§ 69, 72, 79. MARRIAGE. 933 License, not to issue for marriage between white per- son and negro or mongolian, § 69. License, requisites of, § 69. Minors capable of, § 56. Mongolians and whites, effect of, § 69. Mulattoes and whites void, §§ 60, 69. Remarriage within one year from interlocutory decree in divorce void, § 61. Negroes and whites, void, §§ 60, 69. Out of state, validity of, § 63. Proving, mode of, § 57. Promise of, release from by unchastity, § 62. Restraint of, contracts in, void, § 1676. Second, during lifetime of other spouse, effect of, § 61. Second, effect of where spouse not heard of for five years, § 61. Second, void, unless prior marriage annulled, § 61. Second, within one year from interlocutory decree In divorce, void, § 61. Settlement, effect of recording, § 180. Settlements, executed how, § 178. Settlements, minors may make, § 181. Settlement to be acknowledged and recorded, §§ 178, 179. Solemnization, examination of candidates, § 72. Solemnization, form of, §§ 68, 71. Solemnization, how proved, § 57. Solemnization, members of particular religious denomi- nation, § 791/0. Solemnization necessary, § 55. Solemnization, noncompliance with statute by third person, § 68. Solemnization, substantial requisites, § 72. Solemnized, may be by whom, § 70. Solemnized, how, § 68. Statute of frauds, § 1624. Unchastity as ground for release from promise of, § 62. Validity of, determined and declared by court, § 78. Void, judicial declaration of, § 80. Voidable, if consent obtained by fraud or force, § 58. Voidable, if either physically incapable, § 58. 834 MARRIAGE— MASTER AND SERVANT. Ward's, supersedes guardian appointed by ward, § 254. What constitutes, § 55. Will, effect of marriage on, §§ 1298-1300. MARRIAGE SETTLEMENT, §§ 178-181. MARRIED WOMAN, acknowledgment of deed by, § 1093. Acknowledgment of her conveyance, § 1187. Conveyance by, how executed, § 1093. Conveyance of, effect of, §§ 1093, 1187. Dividends on stock payable to, § 325. Homestead stock may be owned by, § 561. May draw dividends in savings and loan society, § 575. May make and withdraw deposits in savings and loan corporation, § 575. Power of attorney by, § 1094. Proxy given by, § 325. Savings and loan stock may be owned by, § 575. Signature of husband not necessary on transfer of stock, § 325. Signature of husband not necessary where proxy given, § 325. Stockholder, married woman as, has same rights as if sole, § 325. Transfer of stock by, § 325. Will, may dispose of separate estate by, § 1273. Will of, how executed and proved, § 1273. MARSHALING ASSETS, order of, §§ 2899, 3433. MASCULINE, includes feminine and neuter, § 14. MASTER AND APPRENTICE: See Apprenticeship. MASTER AND SERVANT, abduction of servant forbidden, § 49. Account, employee's duty to, § 1986. Accounting by servant, § 2014. Assumption of risks by servant, § 1970. Apprenticeship: See Apprenticeship. Apprentices, act relative to, p. 665. Assignment of wages by employee of corporation, act relative to, p. 700. Care required of employee for his own benefit, § 1979. Care required of employee for reward, § 1978. Care required of gratuitous employee, § 1975. MASTER AND SERVANT. 635 Compensation, act relating to assignment of wages by employees of corporation, p. 700. Compensation, acts providing for manner of by cor- poration, pp. 699, 700. Compensation for service without employment, § 2078. Compensation for employer's successor, § 1998. Compensation of employee dismissed for cause, § 2002. Compensation of employee leaving for cause, § 2003. Compensation, presumption as to, §§ 1980, 2011. Compensation, presumption as to where employment continued beyond term, § 1980. Confidential employment: See Trusts. Confidential employments, obligations defined by title on trusts, § 1992. Continuance of service after death or incapacity of em- ployer, § 1998. Contract of employment defined, § 1965. Contract of service limited to two years, § 1980. Death of employee, § 1997. Death of employer, §§ 1996, 1997, 1998. Death of joint employee, § 1991. Definition of contract of employment, § 1965. Delivery without demand, employee not bound to make, § 1987. Demand, employee not bound to send without demand, § 1987. Discharge of servant, grounds for, §§ 2000, 2015. Dismissal for cause, compensation, § 2002. Dismissal of employee, grounds for, §§ 2000, 2015. Duties of employee for his own benefit, § 1979. Duties of employee for reward, § 1978. Duties of gratuitous employee, §§ 1975-1977. Employee not bound to deliver without demand, § 1987. Employee to comply with directions, § 1981. Employee to obey, § 1981. Employment, contract of, defined, § 1965. Enticement of servant forbidden, § 49. Expenses and losses, employer must indemnify em- ployee for, § 1969. Fellow-servant, master's liability for, § 1970. Gratuitous employee, duties of, §§ 1975-1977. Hiring, renewal of, presumption as to, § 2012. 936 MASTER AND SERVANT. Hiring, term of, §§ 2010, 2011. Incapacity of employee, discharge for, § 2000. Incapacity of employer does not terminate relation, when, § 1998. Incapacity of master, terminates relation, § 1996. Indemnity against servants' acts, contract of, § 2774. Indemnify employee, when employer must, § 1969. Indemnify employee, when employer need not, § 1970. Injury to servant forbidden, § 49. Injury to servant by third person, § "49. Joint employees, duty of survivor, § 1991. Lien of loggers and laborers upon logs cut, p. 740, Stats. Lunch hour for laborers in mills and logging camps, p. 744, Stats. Master's liability to servant, in general, § 1969. Miners, act providing for protection of, p. 745. Mutual right of protection, §§ 49, 50. Neglect of employee, discharge for, § 2000. Negligence of employee, liability for, § 1990. Negligence of master, liability for, § 1971. Obey, employee's duty to, § 1981. Ordi-nary risks, servant assumes, § 1970. Power of attorney, gratuitous employee accepting, du- ties of, § 1977. Preference to employer's interest, § 1988. Renewal of hiring, presumption as to, § 2012. Seduction of servant forbidden, § 49. Servant defined, § 2009. Servant not bound to send anything to master through third person, § 2014. Servant to pay over without demand, § 2014. Service without employment, §§ 2078, 2079. Skill, degree required of employee, § 1983. Skill, employee must use a*ll he has, § 1984, Substitute, liability of employee for, § 1989. Substitute liable directly to employer, § 1989. Surviving employee, duty of, § 1991. Term of hiring, presumption as to, §§ 2010, 2011. Termination, death operates as, § 1997. Termination of relation at will, § 1999. MASTER AND SERVANT — METER. 937 Termination of relation by death or incapacity of em- ployer, § 1996. Termination of relation by employee for fault, § 2001. Termination of relation by employer for fault, § 2000. Termination of relation not worked by death of em- ployer, when, §§ 1996, 1998. Termination of relation, what works a, § 1997. Term of hiring, presumption as to, §§ 2010, 2011. Things acquired by employee belong to employer, § 1985. Time belongs to master, § 2013. Usage, employee to conform to, § 1982. What things acquired by employee belong to employer, § 1985. MASTER, SHIP'S: See Shipping. MATE: See Shipping. MAXIMS, enumeration of, §§ 3510-3543. In general, § 3509. MECHANICS INSTITUTES, act providing for formation of, p. 689. Act validating acknowledgments by, p. 665. MECHANIC'S LIEN, homestead, liability for, § 1241. Regulated by Code of Civil Procedure, § 3059. MEMORANDUM, auctioneer's binding on parties, § 1798. Auctioneer's, to contain what, § 1798. Declarations of trust, of, § 2254. On contract for sale, § 1739. On contract for sale»of real property, § 1741. See Statute of Frauds. MENACE consists in what, § 1570. Rescission for, § 1689. MERCHANDISE, implied warranty as to, §§ 1768-1771. MERGER, declarations, merger of in trust, § 2254. Dominant and servient estate, § 811. Interests of, destroys servitude, § 811. Interest of, when destroys hiring, § 1933. Oral negotiations merged in writing, § 1625. Writing supersedes oral negotiations, § 1625. METER, gas. §§ 628, 631. Civ. Code — 40 938 MINE— MINING PARTNB.RSHIP. MINE: See Mining Corporations. Claims, recording affidavits of work and notice, § 1159. Claims, recording notice of location, § 1159. Fixtures attached to, § 661. Hydraulic mining, §§ 1424, 1425. Mortgage of machinery, § 2955. Partnership, mining, §§ 2511-2520. MINING CORPORATIONS. Agencies for transfer of stock governed by by-laws and directors, § 586. Agencies for transfer of stock may be established, § 586. Agency, stock not issued at unless certificate sur- rendered, § 587. Agency, stock transferred at, how signed, § 587. Agency, transfer at binding, § 586. Books to be kept open for inspection, p. 749, Stats. Consolidation calling meeting of stockholders to elect directors, § 361. Consolidation, creditors not to be affected, § 361. Consolidation of, certificate of, filing of, § 361. Consolidation of, certificate, what to contain and who to sign, § 361. Consolidation of, how effected, § 361. Examination of ground, stockholder has right of, p. 749, Stats. May consolidate, § 361. Mortgage of property, p. 752, Stats. Posting monthly balances, p. 749, Stats, Protection of miners, act providing for, p. 745. Removal of officers, act providing for, p. 746. Removal of office, filing certificate of consent, notice, publication and removal, § 585. MINING PARTNERSHIP. Express agreement not neces- sary, § 2512. Express authority necessary to bind, § 2519. Lien of partners on property, § 2514. Mine is firm property, § 2515. One partner cannot bind except by express authority, § 2519. Owners of majority of shares govern, § 2520. Profits and losses shared how, § 2513. MIXING PARTNERSHIP — MORTGAGE. 939 Purchaser in takes subject to what liens and claims, § 2517. Purchaser in takes with notice of liens, when, § 2518. Purchaser of interest becomes partner, § 2516. Relation arises how, § 2512. * Sale of property, p. 752, Stats. Stockholders, act for protection of, pp. 749, 752. Stock to be in name of real owner, p. 752, § 2, Stats. Transfer by partner does not dissolve, § 2516. When exists, § 2511. MINOR: See Infants. MISDEMEANOR. Acting as agent of foreign corporation without complying with statute, § 645. Foreign agent commits, by noncompliance with statute, § 645. MISREPRESENTATION: See Fraud. MISTAKE, as affecting right of specific performance, § 3391. Consent obtained by, § 1567. Disregarding erroneous parts of writing, § 1640. Fact, what is, § 1577. Fact or law, may be either of, § 157(J. • Foreign laws, of is mistake of fact, § 1579. Law, of, what is, § 1578. Property acquired by, § 1713. Reformation of contract for, § 3399. Rescission for. §§ 1689, 1690. Rescission for, what stipulations do not defeat, § 1690. Rescission of contract for, § 3407. Restoration of property obtained by demand, § 1713. Specific performance, effect on, § 3391. Trust arising from, § 2224. Will, in, § 1340. MOCK AUCTION: See Auction. MONEY, loan of: See Loan. Exchange of, § 1804. MONTH defined, § 14. MONUMENT, duty of coterminous owners respecting, § 841. MORAL OBLIGATION as a consideration, § 1606. MORTGAGE: See Lien. Acknowledgment of, § 2952. Adversely held property may be mortgaged, § 2921. 640 MORTGAGE. Assignment of debt, effect of, on the security, § 2936. Assignment of may be recorded, § 2934. Assignment, record of as notice, §§ 2934, 2935. Benevolent association, by, § 598. Bona fide mortgagee, rights against unrecorded instru- ment, § 1214. Bottomry not subject to law of, § 2942. Building and loan association may make, § 640. By religious, social, or benevolent association, § 598. Certified, how, § 2952. Chattel, acknowledged how, § 2963. Chattel, attachment of the property, proceedings on, §§ 2968-2970. Chattel, continuance on crop after severance, § 2972. Chattel, enumeration of chattels that may be the sub- ject of, § 2955. Chattel, execution against the property, proceedings on, §§ 2968-2970. Chattel, foreclosed how, § 2967. Chattel, form of, § 2956. Chattel, fraudulent transfer, delivery, § 3440. Chattel, of ships, void as to creditors, etc., unless re- corded, § 2958. Chattel, recorded how, § 2963. Chattel, recorded in separate books, § 2963. Chattel, recorded in what counties, § 2959. Chattel, recorded where, when property belongs to "carrier, § 2961. Chattel, recorded where, wTien property in transit, § 2960. Chattel, recording certified copies in other counties, § 2964. Chattel, recording in different places, § 2962. Chattel, record of certified copy, effect of, § 2964. Chattel, removal of property from county, §§ 2965, 2966. Chattel, removal of property, rights of mortgagee on, § 2966. Chattel, sale of the property under process, distribu- tion of proceeds, § 2970. Chattel, ships not subject to law of, when, § 2970. Chattel, void as to creditors, etc., unless recorded, § 2957. MORTGAGE. 94i Chattel, void as to creditors, etc., when, § 2957. Chattel, what property may be the subject of, § 2955. Deed deemed a, when, §§ 2924, 2925. Defeasance, deed may be shown to be subject to, § 2925. Defeasance to be recorded when deed absolute intended as mortgage, § 2950. Defined, § 2920. Discharge, certificate of to be given to mortgagor, § 2941. Discharge, liability for refusal to execute certificate of, § 2941. Discharge, recording certificate of, § 2940. Discharge of record by foreign executor, § 2939^. Discharged of record, how, §§ 2938, 2939. Execution of, formalities, § 2922. Extended, how, § 2922. Extends to what, § 2926. Factor may not, § 2368. Foreclosure of right of redemption, § 2931. Foreign executor, discharge by, § 2939^. Form of, § 2948. Homestead liability for, § 1241. Homestead mortgaged how, § 1242. Incumbrance includes what, § 1114. Insurance on mortgaged property, §§ 2541, 2542. Is subject to law of liens, § 2877. Lien extends to what, § 2926. Lien of is independent of possession, § 2923. Lien of is special, § 2923. Lien of is special, unless, § 2923. Mining property, mortgage of, p. 752, Stats. Personal obligation, is not, § 2928. Possession, agreement may be made for without new consideration, § 2927. Possession, mortgagee not entitled to unless author- ized, § 2927. Possession, mortgagor may agree to mortgagee's with- out new consideration, § 2927. Power of attorney to execute, what necessary, § 2933. Power of sale, § 2932. Power of sale, when deemed part of security, § 858. »42 MORTGAGE— MOTHER. Power to sell, assignee may exercise, § 858. Power to sell passes to assignee, § 858. Priority of a purchase money, § 2898. Property that may be mortgaged, § 2947. Proved, how, § 2952. Railroad, § 456. . Recording, § 1164. Recording certificate of discharge, § 2940. Recording defeasance where deed is intended as mort' gage, § 2950. Recording, in general, § 2952. Record of assignment as notice, §§ 2934, 2935. Redemption, §§ 2903-2905. Redmption, right of, how foreclosed, § 2931. Religious association, by, § 598. Renewed, how, § 2922. Respondentia not subject to law of, § 2942. Satisfaction, certificate, liability of mortgagee for re- fusal to give, § 2941. Satisfaction, certificate to be given mortgagor, § 2941. Satisfaction, discharged of record, how, §§ 2938, 2939. Satisfaction, duty of mortgagee on, § 2941. Satisfaction, recording certificate of discharge, § 2940. Shipmaster's power to hypothecate, § 2377. Ships, of, § 2971. Ship, of, necessity of recording, § 2958. Statute of frauds, § 2922. Title subsequently acquired Inures to mortgagee, § 2930. Transfer deemed a, § 2924. Trust, express, to mortgage realty, § 857. Vessels, § 2955. Wagon road corporation, by, § 522. Waste, who may not commit, § 2929. Will, effect of incumbrance on, § 1302. Will not revoked by, § 1302. Written, must be, § 2922. MOTHER: See Parent and Child. Apprenticeship, consent to, § 265. Custody of child, not transferred without her consent, § 197. Illegitimate, of, consent of to his adoption, § 224. Illegitimate, of, entitled to custody and earnings, § 200. Illegitimate, of, succeeds to his property, § 1388. MULLATOES — NECESSARIES. 943 MULATTOES, marriages between, and whites void, §§ 60, 69. MULTIPLICITY OF SUITS, injunction to prevent, § 3422. MUNICIPAL CORPORATION, injunction not granted to prevent legislative act, § 3423. Fares on railroads in cities over 100,000, act limiting, p. 772, Stats. Franchises for street railway, act limiting time within which may be granted, p. 773. Franchises, acts relating to sale of and governing conditions of sale, pp. 753-762. Limit of term of lease of property of, § 718. Private and public corporations distinguished, § 284. Water company's relations with, §§ 548-551. Will, power to take under, § 1275. MUTUAL BENEFIT SOCIETY: See Religious, Social, and Benevolent Corporation. MUTUAL LIFE AND ACCIDENT INSURANCE CORPORA- TION, §§ 437-452. MUTUALITY of consent, § 1580. Of intention, contract interpreted to give, § 1636. NAME, adopted child, of, § 228. Certificate on change of partnership, § 2469. Change of partnership, as notice of dissolution, § 2454. Corporate, to be stated in articles, § 290. Corporation, name of, prohibitions in regard to, § 296. Corporation, change of name by: See Corporations, III. Error in corporate, § 357. Fictitious, in partnership, §§ 2466, 2467. Misnomer of corporate name, effect of, § 357. Partnership under fictitious, §§ 2466,-2471. NAVIGABLE WATERS: See Waters. State owns land below water of, § 670. NAVIGATION: See Shipping. NECESSARIES, husband's liability for, § 174. Infants' contract for, cannot be disafiirmed, § 36. Liability of husband for necessaries furnished wife, § 174. Lunatic's liability for, § 38. 944 NECESSARIES — NEGOTIABLE INSTRUMENTS, I. Parent not liable for support furnished child, § 208. ' Parent when liable for necessaries furnished child, § 207. Promise of child to pay for those furnished parent, § 206.- Third person may furnish child, § 207. NEGLIGENCE, agent's, principal's liability for, § 2338. Borrower to repair injuries caused by, § 1889. Carrier cannot exonerate from, § 2175. Contributory, passenger violating rules, § 484. Depositary's liability for, §§ 1838, 1840. Divorce for neglect, §§ 92, 107. Employee's liability for, § 1990. Hirer, care required of, § 1928. Hirer to repair injuries caused by, § 1929. Insurer not exonerated by, § 2629. Passenger violating rules and instructions, § 484. Pilot's, liability of shipmaster for, § 2384. Shipmaster's liability for, §§ 2043, 2383. Want of ordinary care or skill, liability for, § 1714. Willful acts, liability for, § 1714. NEGOTIABLE INSTRUMENTS. i. Definitions and kinds of; code provisions relating to. II. Execution and form of; conditions and stipula- tions in. III. Consideration. IV. Construction of. V. Bills of exchange. VI. Promissory notes. VII. Checks. VIII. Indorsement. IX. Maturity of; days of grace. X. Presentment and demand. , XI. Acceptance. XII. Dishonor and notice. XIII. Protest. XIV. Payment. I. Definitions and kinds of; code provisions relating to. Bank notes are, § 3261. Bank note is negotiable even after payment, § 3261. Bill of exchange is negotiable instrument, § 3095. NEGOTIABLE INSTRUMENTS, I, II, III, IV. 945 Bill of lading, §§ 2127, 2128. Bond is, § 3095. Certificate of deposit is, § 3095. Check is negotiable instrument, § 3095. Code provisions apply to what instruments, § 3086. Foreign bill, defined, § 3224. Inland bill defined, § 3224. Kinds of, enumerated, § 3095. Negotiable instruments defined, § 3087. Note defined, § 3244. Promissory note is, § 3095. What instruments are negotiable, § 3095. II. Execution and form of; conditions and stipulations in. Absolute, must be, § 3088. Allonge, § 3110. Alternative, instrument in, § 3090. Blank, liability to endorsee, § 3125. Condition, must be for unconditional payment of money, § 3088. Contain, what it must not, § 3093. Date, any may be inserted, § 3094. Date, nominal, § 3094. Date not essential, § 3091. Death of maker at time of nominal date, § 3094. Incapacity of maker at time of nominal date, § 3094. Money must be payable in, § 3088. Must not contain other contract, § 3093. Option, negotiable instrument giving, § 3090. Payee must be ascertainable, § 3089. Pledge of collateral may contain, § 3092. Unconditional, must be, § 3088. III. Consideration. Effect of want of, § 3122. Presumption of, § 3104. IV. Construction of. Bearer, payable to, how construed, § 3101. Construction of bill payable to person or his order, § 3101. Fictitious person, payable to without endorsement, effect of, § 3102. 946 NEGOTIABLE INSTRUMENTS, IV, V, VI, VII, VIII. Maker, payable to without indorsement, effect of, § 3102. Order, payable to, how construed, § 3101. Payable to person or order, how construed, g 3101. Payee fictitious, payable to bearer, § 3103. V. Bills of exchange. Days of grace not allowed, § 3181. Deemed a note, when, §§ 3245, 3246. Defined, § 3171. Drawee in case of need, § 3172. Drawer's rights and obligations, § 3177. Foreign bill defined, § 3224. Inland bill defined, § 3224. In parts of a set, §§ 3173, 3175. Payable where, bill is, § 3176. Is negotiable instrument, § 3095. Set, in a, §§ 3173-3175. Wheft must be in a set, § 3174. VI. Promissory notes. Code sections applicable to, § 3247. Defined, § 3244. Is negotiable instrument, § 3095. Note, bill is deemed a, when, §§ 3245, 3246. VII. Checks. Code sections applicable to, § 3255. Defined, § 3254. Effect of delay in presentment, § 3255. Indorsee after maturity, without notice, § 3255. Is negotiable instrument, § 3095. VIM. Indorsement. Before delivery, liability on, § 3117. Destruction of negotiability by endorser, § 3115. General, how made special, § 3114. General, is what, § 3112. General, special indorsement can not be made alter, § 3114. Indorse, agreement to, duty on, § 3109. Indorsee in due course is who, § 3123. Indorsee in due course, rights of, § 3124. Indorsee of check after maturity, § 3255. Indorsee privy to contract, § 3120. Indorsee, rights of, § 3120. NEGOTIABLE INSTRUMENTS, VIII, IX, X, 947 Indorser, discharge of by delay, § 3248. Indorser, implied warranty of, § 3116. Indorser, liability of in general, § 3116. Indorser, who is, § 3108. Is special or general, § 3111. Is what, § 3108. On separate paper, § 3110. Presumption of consideration, § 3104. Special, is what, § 3113. Special, to destroy negotiability, § 3115. Unindorsed note, effect of, § 3102. Without recourse, and effect thereof, §§ 3118, 3119. IX. Maturity of; days of grace. Days of grace, § 3181. Maturity apparent, is when, § 3132. Maturity apparent, of bill payable at sight, § 3134. Maturity, apparent, of note, §§ 3135, 3136. Maturity, where last day falls on holiday, § 3132. X. Presentment and demand. Demand, effect of want of on principal debtor, § 3130. Demand not necessary, § 3130. Presentment, accepted for honor and notice of non- payment, § 3206. Presentment at particular place, § 3130. Presentment, delay in excused, when, §§ 3158, 3219. Presentment, delay in, exoneration of parties, § 3189. Presentment, drawer, exoneration of by delay in, §§ 3189, 3213, 3214. Presentment, effect of delay, §§ 3213, 3214. Presentment excused as to whom, §§ 3156, 3157. Presentment excused when, §§ 3176, 3186, 3218, 3220. Presentment, indorser, exoneration of by delay in, §§ 3189, 3213, 3214. Presentment, made how, § 3186. Presentment, necessity of where acceptance refused, § 3212. Presentment of check, effect of delay in, § 3255. Presentment of note, effect of delay in, § a248. Presentment of part of bill in set, § 3175. Presentment, of single part of set, § 3175. Presentment, place of, § 3212. 948 NEGOTIABLE INSTRUMENTS, X. XI. XII. Presentment, place of where not accepted, § 3211. Presentment, rules for making, § 3131. Presentment, time for, §§ 3131, 3185, 3189. Presentment to drawee in case of need, § 3188. Presentment to one of several joint drawees, § 3187. Presentment to principal debtor not necessary, § 3130. Presentment, waiver of, §§ 3159, 3160. XI. Acceptance. Admits what, § 3199. By refusal to return, § 3195. By separate instrument, §§3110, 3196. Cancellation of, § 3198. Foreign bill, acceptance for honor, §§ 3203, 3233. Holder entitled to on face of bill, § 3194. Honor, acceptance for, §§ 3203-3207. Honor, acceptance for does not excuse notice, § 3207. Honor, acceptance for, how made and enforced, §§ 3205, 3206. Honor, acceptance for, presentment and notice of dis- honor, § 3206. Honor, acceptor for reimbursement of, § 3205. Honor, acceptor for to give notice, § 3205. Made how, § 3193. Presentent for to one of several joint drawees, § 3187; Presumption of consideration, § 3104. Promise of, sufficiency of, 3197. Qualified, § 3195. Single part of a set, acceptance of, § 3175. Sufficiency of when made with owner's consent, § 3195. What sufficient, § 3195. XII. Dishonor and notice. Dishonor is what, § 3141. Dishonor of bill payable after sight, presumption of, § 3133. Dishonor of foreign bill, damages for, §§ 3234-3238, 3303. Foreign bill, notice of where protest waived, § 3232. Foreign bill, notice of protest necessary, § 3225. Notice of, additional time for, § 3150. Notice of, after death, § 3146. Notice of by agent, § 3149. NEGOTIABLE INSTRUMENTS, XII, XIII, XIV. 949 Notice of by subagent, § 3149. Notice of, delay in excused, when, § 3158. Notice of by indorser, time for, § 3150. Notice of, effect of, § 3151. Notice of, excused as to whom, §§ 3156, 3157. Notice of excused wlien, §§ 3155, 3220. Notice of, form of, § 3143. Notice of given in ignorance of death, § 3146. Notice of inures to benefit of others, § 3151. Notice of non-payment of bill accepted for honor, § 3206. Notice of not excused by acceptance for honor, § 3207. Notice of served how, § 3144. Notice of served how after death of indorser, § 3145. Notice of, time for giving, § 3147. Notice of, time for mailing, § 3148. Notice of, to whose benefit inures, § 3151. Notice of, waived, § 3155. Notice of, waiver of, §§ 3159, 3160. Notice of, who may give, § 3142. XIII. Protest. By whom made, § 3226. Foreign bill, notice of dishonor, protest necessary, § 3225. Foreign bill, waiver of protest and effect of, § 3232. How made, § 3227. Notice of given how, § 3231. Time for making, § 3229. Waiver of, effect of, § 3160. Waiver of, § 3232. When excused, § 3230. Where made, § 3228. XIV. Payment. Bill of exchange is payable where, § 3176. Conditions that may be demanded on, § 3137. Extinction by payment, § 3164. Extinction in general, what constitutes. 8 3164. Extinguishes, § 3164. For honor, §§ 3203, 3204. For honor, declaration of, § 3233. Instrument need not be surrendered on, when, § 3137. 950 NEGOTIABLE INSTRUMENTS, XIV— NOTICE. Instrument payable at particular time and place, § 3130. Lost note, indemnity, § 3137. Offer of what equivalent to, § 3130. Of part of bill in set, § 3175. Payable at particular time and place, offer of payment, § 3130. Payor for honor, reimbursement of, § 320?. Payor for honor to give notice of payment, § 3205. Place of not specified, § 3100. Surrender of instrument a condition of, § 3137. Time of not specified, when payable, § 3099. Time or place of, need not be designated, § 3091. NEGROES. Marriages between negroes and whites void, §§ 60, 69. NEUTER GENDER included in masculine, § 14. NEUTRAL PAPERS, implied warranty, in marine in- surance, § 2688. NEWSPAPERS, reports of public meetings are privileged, §§ 47, 48. NOMINAL DAMAGES, when allowed, § 3360. NON-NEGOTIABLE INSTRUMENTS, transfer of non- negotiable instrument, § 1459. NON-RESIDENT, adoption proceedings, §§ 224, 226. Alien, inheriting, when must make claim within five years, § 672. Assignment for creditors by, §§ 3449, 3451. Transfer of stock by, § 326. NOTARY, acknowledgment, may take, §§ 1181, 1182. Acknowledgment or proof in state, § 1181. Acknowledgment or proof out of state, § 1182. Acknowledgment or proof out of United States, S 1183. Bill protested by, when, § 3226. Making protest, may give notice, § 3231. NOTE: See Negotiable Instruments. NOTICE, abandonment of ship to insurer by, §§ 2721, 2722. Abatement of nuisance, of, § 3503. Acceptance of guaranty, notice of, § 2795. Action for possession, not necessary before, § 793. NOTICE. 951 Actual, is what, § 18. Adverse claim to deposit, to depositor, § 1825. Agent, to, as notice to principal, § 2332. Appropriation of water, of, §§ 1415, 1416. Assessment of stock, of, §§ 335-339. Carrier or depositary, necessary to stoppage in transit, § 3079. Change of corporation's principal place of business, § 321a. Change of name as, § 2454. Constructive, facts to put one on inquiry, § 19. Constructive, from knowledge of facts putting on inquiry, § 19. Constructive, is what, § 18. Delay in, how waived, § 2636. Delinquent assessment, §§ 337-339. Depositary must give to real owner, § 1826. Directors and stockholders, posting, § 321. Dishonor, of, §§ 3141-3159. Duty of gratuitous depositary ceases upon, § 1847. Ejectment without notice, § 793. Election of directors of corporation, § 302. Filing inventory of wife's property as, § 166. Form, § 3143. Found, of thing, § 1865. Five days' notice of transfer of stock in trade to be recorded, § 3440. Freight, of arrival of to consignee, § 2120. Freight, of storage of to consignee, § 2121. Guaranty, notice of default, § 2808. Hirer of personal property may repair after, § 1957. Hirer of real property may repair after, § 1942. Hiring terminated by notice of death or incapacity, § 1934. Innkeeper exempted by giving, § 1860. Inquiry, of facts to put one on, § 19. Instruments not avoided against purchaser with, § 1228. Insurance, of loss under, § 2633. Insurance, of loss under, defects in waived, § 2635. Is actual or constructive, § 18. Lease, terms of may be changed by notice, § 827. 862 NOTICE— NUISANCE. Letter of credit, to writer of, § 2865. Life insurance policy, of transfer of, § 2765. Meeting, of election by stockholders, § 302. Meeting to remove directors, of, § 310. Partnership, dissolution of, §§ 2453, 2454, 2509. Partnership, of renunciation of, relieves partner, | 2417. Pledge, of sale of, §§ 3002, 3003. Principal or agent, when deemed to other, § 2332. Principal's default, guarantor not entitled to, § 2808. Protest, of, § 3231. Purchaser for value without, §§ 856, 869. Record as, § 1207. Record of assignment of mortgage as, §§ 2934, 2935. Record of conveyance as, § 1207. Record of instrument as, § 1213. Re-enter, of intention to, § 791. Sale of deposit in danger of perishing, § 1837. Selection of one of several alternatives, § 1449. Selection of place of delivery, § 1756. Stockholders, of meeting to continue corporate ex- istence, § 287. Tenancy at will, termination of, § 789. Tenant at will, to quit, §§ 789, 790. Tenant to give landlord of adverse proceeding, § 1949. Termination of hiring, § 1934. Terminates employment, § 1999. Trustee, of adverse interests, § 2233. Unrecorded instrument valid between parties with, § 1217. Waiver of defects in, § 2635. See Negotiable Instruments. NOVATION defined, § 1530. Made by a contract, § 1532. Modes of, § 1531. Rescission of, grounds for, § 1533. Subject to rules governing contracts, § 1532. Substitution of obligation, § 1531. Substitution of parties, § 1531. NUISANCE, abatement does not preclude action, § 3484. Abatement of a private, § 3501. Abatement of a private, notice, § 3503. NUISANCE— obligation: 953 Abatement of a private, when allowed, § 3502. Abatement of a public, § 3491. Abatement of a public, by whom, § 3494. Abatement of a public, how, § 3495. Abatement not to prejudice right to damages, § 3484. Defined, § 3479. Indictment for public, §§ 3491, 3492. Information for public, §§ 3491, 3492. Notice of abatement, § 3503. Private action for a public, § 3493. Private, is what, § 3481. Public, defined, § 3480. Public, private action for, § 3493. Remedies for a private, § 3502. Remedies for a public, § 3491. Successive owners, liability of, § 3483. Time does not legalize a public, § 3490. What not deemed a, § 3482. NUMBER, singular or plural, of words in code, § 14. NUNCUPATIVE WILL, §§ 1288-1291. OATH, defined, § 14. Homestead appraisers, of, § 1250. Includes what, § 14. Officer taking proof of instrument may administer, § 1201. Person solemnizing marriage may administer, § 72. Person taking acknowledgment authorized to ad- minister, § 1201. OBLIGATION: See Contract. Accord defined, § 1521. Accord, effect of, § 1522. Act of God excuses performance, g 1511. Alteration of contracts: See Contracts. Alternative, right of selection, how lost, § 1449. Alternatve, right of selection, who has, § 1448. Alternatives indivisible, selection in case of, § 1450. Alternative, nullity of one, § 1451. Application of payment to, § 1479. Application of performance, by creditor, § 1479. Application of performance, order of, § 1479. Application of performance, rescission of, § 1479. 854 OBLIGATION. Arises from agreement or operation of law, § 1428. Arises, how, § 1428. Arising from obligation of law, how enforced, § 1428. Assuming, by accepting benefits, § 1589. Conditional, when, § 1434. Condition concurrent defined, § 1437. Condition concurrent, performance of, § 1498. Conditions, impossible, void, § 1441. Conditions, kinds of, § 1435. Conditions of forfeiture, construed how, § 1442. Conditions, performance of, when essential, § 1439. Condition precedent defined, § 1436. Condition precedent, performance of, § 1498. Conditions, repugnant, void, § 1441. Condition subsequent defined, § 1438. Condition, unlawful, void, § 1441. Consideration, ratable proportion when performance prevented, § 1514. Consideration: See Contracts. Contribution between joint obligors, § 1432. Covenants, apportionment of, § 1467. Covenants running with land, §§ 1460-1468. Created how, § 1428. Damages, limitation on amount of, for breach, § 3358. Defined, § 1427. Duty to abstain from injury to others, § 1708. Extinguished by performance, § 1473. Extinguishment of offer by performance, §§ 1485-1505. Extinguishment by performance, §§ 1473-1479. Forfeiture, construed how, § 1442. Imposed by law, §§ 1708-1717. Impossible conditions, void, § 1441. Infant cannot disaffirm what, § 37. Interest stopped by offer of performance, § 1504. Interpretation, general rules of, § 1429. Interpretation: See Contracts. Joint debtors, release of, § 1543. Joint, presumption in favor of, § 1431. Joint, several, etc., § 1430. Joint, when, § 1431. Law, creating and enforcing by operation of, § 1428. Law imposes what, §§ 1708-1717. OBLIGATION. 955 Mistake: See Mistake. Offer of performance, effect of, § 1485. Payment, application to obligations, § 1479. Payment is what, § 1478. Payment, tender and deposit extinguish demand, § 1500. Pecuniary, extinction by tender, § 1500. Performance, application of act by way of, § 1479. Performance by one joint debtor, effect of, § 1474. Performance, compensation for delay, § 1492. Performance, conditional offer of, § 1494. Performance, creditor's retention of thing he refuses to accept, § 1505. Performance, custody of thing offered, § 1503. Performance, delay in, compensation, § 1492. Performance, directions by creditors, effect of, § 1476. Performance excused by what, §§ 1440, 1511. Performance excused when, §§ 1440, 1511. Performance extinguishes, § 1473. Performance, notice that one will not perform, § 1440. Performance of conditions essential, when, § 1439. Performance of conditions precedent and concurrent, § 1498. Performance, offer of, ability essential, § 1495. Performance, offer of, conditional, § 1494. Performance, offer of, creditor's retention of thing he refuses to accept, § 1505. Performance, offer of, effect on accessories, § 1504. Performance, offer of, extinguishes, § 1485. Performance, offer of, objections to, § 1501. Performance, offer of, partial, § 1486. Performance, offer of, stops interest, § 1504. Performance, offer of, to be in good faith, § 1493. Performance, offer of, to be made by whom, § 1487. Performance, offer of, to be made when, §§ 1490, 1491. Performance, offer of, to be made where, §§ 1488, 1499. Performance, offer of, to be made where and to whom, 1488. Performance, offer of, waiver of objections to, § 1501. Performance, offer of, where no time fixed, §§ 1490, 1491. Performance, offer of, willingness essential, § 1495. Performance, offer of: See Offer of Performance. 856 OBLIGATION — OFFER OF PERFORMANCE. Performance, partial, effect of, § 1477. Performance, part, in satisfaction, § 1524. Performance prevented by creditor, § 1512. Performance prevented, ratable proportion of consider- ation, § 1514. Performance, production of thing to be delivered not necessary, § 1496. Performance, refusal to accept offer of, § 1515. Performance, thing offered to be kept, how, by obligor, § 1503. Performance, thing offered to be kept separate, § 1497. Performance, title to thing offered, § 1502. Performance to one joint creditor, effect of, § 1475. Property, is, § 1458. Receipt, right to require, § 1499. Refusal to accept offer of performance, § 1511. Release extinguishes, § 1541. Release, general, extent of, § 1542, Release of joint debtor's, § 1543. Satisfaction defined, § 1523. Satisfaction, part performance in, § 1524. Statute of frauds, in general, § 1624. There may be ownership of obligations, § 655. Transfer of burden of, § 1457. Transfer of non-negotiable instrument, § 1459. Transfer of right, § 1458. Transfer of rights arising out of, § 1458. Unlawful conditions, void, § 1441. Waiver of objections to offer of performance, § 1501. Warranty on sale of written instrument, § 1774. See Contracts. OCCUPANCY, title by, §§ 1000, 1006. Title, when acquired by, § 1007. OFFER, absolute, must be, § 1585. Acceptance, how made, § 1582. Of guaranty, not binding, § 2795. Revoked, how, § 1587. Revoked, when, § 1586. What deemed, § 1584. OFFER OF PERFORMANCE, ability and willingnesB, when equivalent to, § 3130. By any person exonerates surety, § 2839. OFFER OF PERFORMANCE — OFFICER 957 By whom made, § 1487. Effect of, on accessories or obligation, § 1504. Effect of refusal to accept performance made before, § 1515. Extinguishes obligation, § 1485. Extinguishes obligations for payment of money, when, § 1500. How to be kept by debtor, § 1503. Lien redeemed by, § 2905. Must be unconditional, § 1494. Objections to mode, when waived, § 1501. Of concurrent conditions, when necessary, § 1439. Partial, § 1486. Party must be able to perform, § 1495. Passes title to personal property under executory agree- ment of sale, § 1141. Receipt may be required upon, § 1499. Thing offered need not be produced, § 1496. Thing offered to be kept sepafate, § 1497. Thing offered, vests in creditor, § 1502. To be in good faith, § 1493. To whom made, § l4^8. Unconditional, except as to certain cases, § 1498. What excuses, §§ 1440, 1511. When made, §§ 1490, 1491. Where made, § 1489. With compensation for delay, § 1492. See Obligations. OFFICE, injunction not granted to prevent exercise of, § 3423. OFFICER. Apprentice, officer binding out to inquire into age, § 270. Apprenticeship, indenture of by, copy to be filed with county clerk, § 273. Apprenticeship, power to bind to, § 269. Conveyance by, interpreted in favor of grantor, § 1069. Joint authority of, construction of, § 12. Lien of, for levy of writ, § 3057. Powers of officers authorized to take proof of instru- ments, § 1201. Uncertainty in contract of officer, presumption as to, § 1654. 958 OLOGRAPHIC WILL— PARENT AND CHILD. OLOGRAPHIC WILL, § 1276. OMISSIONS in will, how corrected, § 1340. OPPRESSION avoids contract, §§ 1567, 1569. Exemplary damages in case of, § 3294. Interest as damages in case of, § 3288. OPTION as to delivery, notice of, must be given, § 1756. As to place of offering performance, § 1489. Beneficiary, of, in breach of trust, § 2237. Negotiable instrument giving, § 3090. Of owner in confusion of goods as to value of thing, § 1032. Payee, of, as to payment, § 3090. Selection between alternatives, §§ 1448-1450. Time for exercise of, § 1756. Waived, how, § 1756. ORAL OBLIGATION: See Statute of Frauds. ORPHAN, apprenticing: See Apprenticeship. ORPHAN ASYLUM, adoption of child from, § 224. Establishing by corporation, § 595. Guardians for infants maintained in, p. 723, Stats. Managers may consent to apprenticeship, when, § 265. OSTENSIBLE OWNER, pledge by, § 2991. OVER-INSURANCE by successive policies, § 2622. Effected by simultaneous policies, contribution, § 2621. Return of premium on, § 2620. OWNERSHIP: See Property. PARENT AND CHILD. Abandoned child, parent forfeits guardianship of, § 246. Abduction of child, § 49. Abuse, parental, remedy for, § 203. Adoption of child, §§ 221-230. See Adoption. Adult child, compensation and support of, § 210. Apprenticeship: See Apprenticeship. Authority of parent ceases, when, § 204. Children, support and maintenance of: See Divorce. Compensation of adult child, § 210. Custody, decree awarding, modifying, § 199. Custody, exclusive, when husband or wife may sue for, § 199. PARENT AND CHILD. 959 Custody, father cannot transfer without mother's con- sent, § 197. Custody in general, § 197. Custody of child of annulled marriage, § 85. Custody of illegitimate, § 200. Custody on abandonment by father, § 197. Custody, parent may relinquish, § 211. Custody, rules for awarding, § 246. Custody, rules for awarding when parents separated, § 214. Custody when parents separated, § 198. Custody, wife may obtain, when, § 214. Custody: See Divorce. Domicile of child, parent may determine, § 213. Education of child, duty of parents, § 196. Education of child, obligations of parents, § 196. Emancipation of child, § 211, Guardian, appointment of, ends parental authority, § 204. Guardian of property, parent has no power as, without appointment, § 242. Guardianship: See Guardian and Ward. Illegitimacy of child, how proved, § 195, Legitimacy of children born after dissolution of mar- riage, § 194. Legitimacy of children born in wedlock, § 193. Legitimacy of children, who may dispute, § 195. Legitimized, child becomes by marriage of parents, § 215. Marriage of infant ends parental authority, § 204. Necessaries furnished child, liability of parent, § 207, Necessaries furnished child, parent not liable for, when, § 208. Necessaries furnished parent, child's promise to pay, § 206. Necessaries, third person may furnish child, when parent neglects to, § 207. Parental abuse, remedy for, § 203. Parental authority ceases, when, § 204. Parent, allowance to, out of child's property, § 201. Posthumous children, property rights of, § 698. Property of child, parent has no control over, § 202. 960 PARENT AND CHILD— PARTNERSHIP. Relinquishment of services and custody of child, § 211, Relinquishment presumed from abandonment, § 211. Residence of child, parent may determine, § 213. Seduction of daughter, § 49. Services of adult child, § 210. Services of child, father cannot transfer without mother's consent, § 197. Services of child, parent may relinquish, § 211. Stepfather's rights and liabilities, § 209. Support furnished child, parent not liable for, when, § 208. Support of adult child, § 210. Support of child enforced when freed from parental domination, § 203. Support of children, obligation for, § 196. Support of child, when parent dies without providing for, remedy, § 205. Support of wife's children, husband not liable for, § 209. Support, reciprocal duties of, § 206. Wages may be paid to child, when, § 212. Ward, marriage of, § 254. PAROL OBLIGATIONS: See Statute of Frauds. PARTIES. Third person can enforce contract for his benefit, § 1559. PARTITION, easement of, § 807. PARTNERSHIP. Account, mutual liability of partners to, § 2412. Account, partners must for profits of adverse business, § 2438. Adverse business, partner may not engage in, § 2436. Agent, partner is for firm, § 2429. Agent, partner liable as, § 2443. Arbitration, partner may not submit to, § 2430. Assignment for creditors, partner may not make, § 2430. Assignment, partner may not make, § 2430. Authority of majority of partners, § 2428. Authority of partner, § 2429. Authority that partner has not, § 2430. Bad faith, whether acts of partner in, binding, § 2431. Compensation of partner for services to firm, no, § 2413. PARTNERSHIP. 061 Confess judgment, partner may not, § 2430. Confidential, partners' relations are, §§ 2410, 2411. Debts barred, liquidating partner cannot revive, § 2462. Debts, partner may require application of firm property to, § 2405. Defined, § 2395. Dissolution as to one partner notwithstanding agree- ment, § 2451. Dissolution by will of partner, § 2450. Dissolution, death dissolves, § 245. Dissolution, judgment of, § 2450. Dissolution, judgment of, partner entitled to, when, § 2452. Dissolution of, liability thereafter to persons without notice, § 2453. Dissolution of, notice of, §§ 2453, 2454, Dissolution of, notice by change of name, § 2454. Dissolution of, on renunciation by partner, § 2418. Dissolution of, partner's powers after, §§ 2458-2462. Dissolution of, what works, § 2540. Dissolution, partial, § 2451. Dissolution, transfer of interest dissolves, § 2450. Dissolution; war dissolves, § 2450. Dissolution, when partner entitled to, § 2452. Duration of, in general, § 2449. Fictitious certificate, signing and acknowledging, § 2468. Fictitious names, certified copies of register and proof of publication of, § 2471. Fictitious name, under, county clerk to keep register of, § 2470. Fictitious name, upder, filing and publishing certificate, §§ 2466, 2468. Fictitious name, under, effect of not filing and publish- ing certificate, § 2468. Fictitious name, under, foreign, § 2467. Fictitious name, under, new certificate on change of partner, § 2469. Fictitious name, under, register of, as evidence, § 2471. Fiduciary, partners' relations are, §§ 2410, 2411. Foreign, under fictitious name, § 2467. Formation, consent necessary to, § 2397. Civ. Code— 41 862 PARTNERSHIP. General, defined, § 2424. General, what partnerships are, § 2424. Good faith, partners must exercise towards each other, § 2411. Good-will: See Good-will. Indemnification of partner for losses and risks, § 2412. Insurance by partner, form of policy, § 2590. Insurance, not avoided by transfer between partners, § 2557. Judgment, partner may not confess, § 2430. Liability of one held out as partner, § 2444. Lien of partner on shares of co-partners for payment of debts, etc., § 2405. Liquidation of, power of partners in, § 2461. Liquidation of, what partner may and may not do in, § 2462. Liquidation of, who may act in, § 2459. Liquidation of, who may not act in, § 2460. Losses, partner's share in, § 2403. Losses, when division of implied, § 2404. Majority of partners govern, §§ 2428, 2520. Mining, g§ 2511-2520. See Mining Partnership. Negotiable instruments, power of liquidating partner as to, § 2462. New obligation, liquidating partner cannot create, § 2462. New partner, not admitted without consent of all, § 2397. Ostensible partner, liability of, § 2444. Partner's acts in bad faith, whether binding, § 2431. Partners are trustees for each other, § 2410. Partners, change of in firm under fictitious name, cer- tificate, § 2469. Partners, good faith to be observed between, § 2411. Partner's liability for copartner, § 2443 . Partner's liability to third persons, § 2442. Partner may engage in separate business, when, § 2437. Partner may not engage in what business, § 2436. Partner, no one liable as, unless held out as such, § 2445. Partner, whether may dispose of whole property, § 2430. PARTNERSHIP — PASSENGER CARRIERS. 963 Partnership interest in property defined, § 684. Profits of partner belong to firm, § 2435. Plofits, partner's share in, § 2403. Property acquired with firm funds, presumed to be partnership, § 2406. Property of, consists in what, § 2401. Property of, partner's interest in, §§ 2402, 2403. Property, partner may require application of, to debts, § 2405. Property, whether partner may dispose of whole, § 2430. Reimbursement of partner, § 2412. Renunciation by partner, effect of on future profits, § 2418. Renunciation of, effect of, § 2417. Renunciation of future profits exonerates partner, § 2417. Restraint of trade, contracts in partnership agreement, § 1675. Separate business, partner may engage in, when, § 2437. Ship, joint use of, does not create, § 2396. Shipowners, whether partners, § 2396. Special partnership, §§ 2477-2510. See Special Part- nership. Trustees, partner are for each other, § 2410. PARTY-WALL, right to use wall as, § 801. PASSENGER CARRIERS. Baggage, bicycle as, § 2181. Baggage carried and delivered immediately, § 2183. Baggage, checking, § 2183. Baggage, consists of what, § 2181. Baggage, liability for, § 2182. Baggage, lien of carrier on, § 2191. Baggage, obligation to carry, § 2180. Baggage, obligation to carry on stage, § 2180. Baggage, railway, checks to be aflixed to, § 479. Baggage, refusal of check, liability for, § 479. Baggage, refusal to deliver, damages, § 479. Baggage to be carried on same train with passenger, § 2183. Baggage unchecked, owner's risk, § 2183. Deviation, carriage to be without unreasonable, § 2104. S64 PASSENGER CARRIERS. Duty of railroad to accommodate and transport, § 481. Duty of carrier of person, in general, § 2100. Ejection of passenger, §§ 2188, 2190. Ejection of passenger, fare after, § 2190. Ejection of passenger, how and where made, § 2188. Failure to start on schedule time, penalty, § 2170. Fare, additional, when passenger without ticket, § 2189. Fare after ejection, § 2190. Fare, ejection for refusal to pay, § 2188. Fare, refusing to pay, § 487. Fares, payable when, § 2187. Freight and construction trains, care required, § 483. Gratuitous, care required of, § 2096. - Inside room, § 483. Limitations on liability, §§ 2174-2176. Limitation on liability, assent to on accepting ticket, § 2174. Not liable for injury to passenger violating rules, § 484. Passengers on baggage, wood, gravel or freight car, duties towards, § 483. Passengers, damages for not receiving, § 3315. Passengers, damages for refusal to carry, § 482. Passengers, duty to, in general, §§ 2100-2104. Passengers, ejection of, §§ 2188, 2190. Passengers, safe and fit vehicles for to be provided, § 2101. Passengers, seats for, § 2185. Passengers, shipmaster may engage, § 2376. Passengers, treatment of, § 2103. Passengers, vehicles not to be overcrowded, §§ 2102, 2185. Passenger who has not paid fare before entering train, § 2189. Rules, injuries to while violating, § 484. Rules and regulations, §§ 484, 2186. Schedule of times for starting to be published, § 2170. Seats for passengers, § 2185. Ship, on, master's power over, § 2038. Speed, carriage to be at reasonable rate of, § 2104. Speed, rate of, delays and deviations, § 2104. Stage, obligation to carry baggage on, § 2180. Vehicles not to be overcrowded, §§ 2102, 2185. PASSENGER CARRIERS— PENAL LAW. 965 Vehicles, obligation to provide, § 2184. Vehicles, sufficient number of to be provided, § 2184. Vehicles to be fit and safe, § 2102. Tickets, conditions in, limiting liability, § 2176. Tickets, how issued, § 490. Tickets, refusal to issue, penalty, § 490. Tickets, rights of holder, § 490. Tickets to be good six months, § 490. PASTURE, right to, §§ 801, 802. Lien for, § 3051. PATENT, recorded without acknowledgment, § 1160. PAWN: See Pledge. PAWNBROKER: See Pledge. PAYMENT, agent, to, § 2335. Application of, duty to see to on payment to trustee, ' § 2244. Application of, to obligations, § 1479. Defined, § 1478. Effect of offer of, on accessory of obligation, § 1504. Honor, for, how made, § 3205. Honor, for, made when, § 3203. Indemnity, when necessary to claim, § 2778. Liquidated debt, of less than, § 1524. Negotiable instrument, of, made to whom, §§ 3089, 3164. Negotiable instrument payable to fictitious person, § 3103. Obligation, kow extinguished by offer of, § 1500. Payee's option as to manner of, § 3090. Surrender of instrument as condition of, § 3137. Tender and deposit extinguish obligation, § 1500. Tender, extinction of obligation by, § 1500. Tender stops interest, § 1504. Time of performance of contract of, § 1657. See Sales. PENAL DAMAGES, §§ 3344-3348. Failure to quit after notice, § 3344. Injuries inflicted in a duel, §§ 3347, 3348. Injuries to trees, § 3346. Tenant willfully holding over, § 3345. PENAL LAW, specific relief not granted to enforce, § 3369. 866 PENALTY — PERPETUAL INTEREST. PENALTY, carrier liable to, for not starting on time, § 2170. Contract with, may be specifically enforced, § 3389. Damages, penal, §§ 3344-3348. Excessive charges by street railway, § 501. Failure of bridge, chute, etc., corporation to make re- port, § 530. Failure of railroad to ring bell or sound whistle, § 486. Injunction to enforce, § 3369. Liquidated damages, or, §§ 1670, 1671, Not to be enforced by specific or preventive relief, § 3369. Overcharge by railroad, § 489. Overcharge by street railway, for, §§ 501, 504. Penal damages, §§ 3344-3348. Railroad rates, penalty for raising without consent of authorities, § 494. Railroad rates, penalty for raising, duty and powers of attorney-general, § 494. Raising rates after sale of railroad to another corpora- tion, § 494. Recovery by purchaser of franchise under execution, § 390. Refusal to furnish gas, penalty for, § 629. Specific enforcement of contract with, § 3389. Specific relief not granted to enforce, § 3369. Street-car ticket, for not furnishing, § 505. Surety not liable beyond, § 2836. Telegraph, for injuring, § 538. Toll, collecting unlawful or excessive, § 518. Toll, penalty for avoiding, § 519. Tolls, for charging unauthorized, § 514. Treble rent, §§ 3344, 3345. Trespassing on property of wagon road corporation, § 520. PERILS OF SEA, §§ 2197, 2199. PERISHABLE deposit, sale of, § 1837. Sale for freightage, § 2204. PERJURY, land and building corporation may commit, in false report, § 644. PERPETUAL INTEREST defined, § 691. PERPETUITIES — PERSONAL PROPERTY. 967 PERPETUITIES, §§ 715, 716. Limitation of power of suspension in estates for years, § 770. PERSON defined, § 14. Includes corporation, § 14. Third person: See Third Persons. PERSONAL PROPERTY: See Property. Accession to, §§ 1025-1033. Acquisition, modes of, § 1000. Action, thing in, §§ 953, 954. Chattel interests are what, § 765. Chose in action defined, § 953. Chose, in action, transfer and survivorship, S 954. Conflict of laws, § 946. Confusion of goods, §§ 1025-1033. Consist of what, § 663. Definition, § 663. Estates at will are chattel interests, i 765. Estates in, § 702. Good-will, § 655. Good-will defined, § 992. Good-will, transferable, § 993. Includes what, § 14. Interests in, generally, § 702. Interests in: See Property. Inventions, property in, §§ 980-985. Law governing, § 946. Letters, property in, §§ 980-985. Minor's contract, respecting that not In his possession, § 33. Ownership may exist in what property, § 655. Private writings, to whom belong, § 985. Products of the mind, §§ 980-985. Recovery of, §§ 3379, 3380. Thing in action, §§ 953, 954. Title deeds, § 994. Trademark, §§ 655, 991. Transfer of: See Sales; Transfers. What is, § 663. What law governs, § 946. Writings, property in, §§ 980-985. See Good-will; Property. 968 PERSONAL RIGHTS— PLEDGE. PERSONAL RIGHTS, enumeration of, § 43. PEW as a servitude, §§ 801, 802. PHRASE, how construed, § 13. PIER corporation, §§ 528-531. Statutes governing pier corporations govern where owned by individual, § 531. See Bridge, Ferry, Wharf, Chute and Pier Corporations. PILOT: See Shipping. PIONEER SOCIETY, limitation on amount of land held by, § 596. PLEDGE, apparent owner, by, § 2991. Contract deemed a, when, § 2987. Debtor's misrepresentation of value, effect of, § 2999. Defined, §§ 2986, 2987. Delivery essential, § 2988. Duties and liabilities of pledgee for reward, § 2997. Factor may not, § 2368. Foreclosure of right of redemption, § 3011. Further pledge, demanding, § 2999. Gratuitous pledge holder can exonerate himself, how, § 2995. Gratuitous pledge holder's liabilities, § 2998. Increase of thing covered by, § 2989. Lien dependent on possession, § 2988. Lienor may pledge, § 2990. Negotiable instrument may contain, § 3092. Pledge holder cannot exonerate himself, § 2995. Pledge holder is who, § 2993. Pledge holder must enforce pledgee's rights, §§ 2996, 2997. Pledge holder's obligations, § 2995. Pledge holder, parties may agree upon, § 2993. Pledge lender is who, § 2992. Pledge lender's right to withdraw property, § 2994. Property pledged as security for another, rights of owner, §§ 2992, 2994. Property pledged as security for obligation of another, § 2992. Real owner cannot defeat pledge by apparent owner, § 299L PLEDGE — POSSESSION. '869 Sale before pledgee's claim is due, § 3009. Sale, demand a prerequisite, § 3001. Sale, judicial, foreclosure of right of redemption by, § 3011. Sale, judicial, pledgee may be authorized to purchase, § 3011. Sale, must be by auction, § 3005. Sale, notice of, to pledgor, § 3002. Sale of securities, manner of, § 3005. Sale on demand of pledgor, § 3007. Sale, pledgee may retain what, § 3009. Sale, pledgee, or pledge holder, may purchase, § 3010. Sale, surplus to be paid pledgor, § 3008. Sale, waiver of demand of performance, § 3004. Sale, waiver of notice, § 3003. Sale, when pledgee may have, § 3000. Securities, collection and sale of, § 3006. Transfer of personalty as security, deemed to be, § 2924. PLUMAS COUNTY, tolls in, § 514. PLURAL includes singular, § 14. Included in singular, § 14. POLICE JUDGE, marriage, may perform, § 70. POSSESSION, adverse, owner of property in, may transfer, § 1047. Banker's lien dependent on, § 3054. Bottomry independent of, § 3027. Covenant of, implied in hiring, §§ 1927, 1955. Damages for unlawful, § 3334. Devise, possession of, § 1363. Factor's lien dependent on, § 3053. Gift, § 1147. Lease, when renewed by continued, § 1945. Legacies, of, how obtained, § 1363. Lien for services dependent on, § 3051. Lien of purchaser Independent of, § 3050. Lien of seller dependent on, § 3049. Mortgagee not entitled to, § 2927. Mortgagee, when may take, of personal property, § 2966. Occupancy, title may be acquired by, § 1006. 970 POSSESSION— POWERS. Officer's lien dependent on, § 3057. One fraudulently dispossessing himself may be treated as in possession, § 3518. Pledge, change of, necessary in, § 2988. Seaman's lien independent of, § 3056. Shipmaster's lien independent of, § 3055. Summary proceedings for, § 792. Transferred for security deemed pledged, § 2987. Vendor's lien independent of, § 3046. POSSIBLE, object of contract must be, § 1596. What is deemed, § 1597. POSSIBILITY cannot be transferred, § 1045. Mere possibility is not an interest, § 700. POSTHUMOUS CHILDREN, birth of, defeats certain fu- ture interests, § 739. Deemed living at death of parent, § 1403. Property rights of, §§ 698, 739. Succession by, §§ 698, 1339. POULTRY, dogs killing or injuring, liability of owner, § 3341. POWER OF APPOINTMENT, by married woman, acknowl- edged how, § 1094. Effect of on future interest, § 781. Instruments executed under, § 1095. POWER OF ATTORNEY, gratuitous employee, to, duties under, § 1977. Instrument under, how executed, § 1095. Mortgage, to execute, § 2933. Revocation of, § 1216. To convey realty, §§ 1094, 1095. POWERS. Execution of powers vested in several, § 860. Execution of power to several, where some dead, § 860. Minor cannot give, § 33. Of revocation of trust, may be reserved by trustor, § 2280. Of sale may be conferred by mortgage, § 2932. Person of unsound mind cannot give, § 40. Revocation, power of, when deemed executed, §§ 1229, 1230. Sale, power of, in mortgage, § 2932. POWERS — PRESUMPTION. 971 To devise, how executed by terms of will, § 1330. To executor, to appoint executor, void, § 1372. To sell in mortgage a part of security and passes on assignment, § 858. To sell in mortgage deemed part of security, § 858. To sell passes to assignee, § 858. PREFERENCE, assignment for creditors, §§ 3451, 3452, 3457. Carriers not to give, § 2170. Carriers to give to state and United States, § 2171. Creditors, of, right of. § 3432. Employee, duty of to give to employer's business, § 1988. Legacies to kindred, preference of, § 1361. Messages, §§ 2207, 2208. Special partnership, preference by, void, § 2496. PRESCRIPTION, islands, § 1016. Title by, § 1007. PRESENT includes future, § 14. PRESENT INTERESTS defined, § 689. PRESIDING ELDER, religious corporations, 8 602. PRESUMPTION. Abandonment, of relinquishment of child from, § 211. Adequacy of damage as relief for breach of contract to transfer, § 3387. Bill of exchange is presumed to be dishonored when, § 3133. Boundary upon road or street, presumption in case of, § 831. Certificate of shipmaster in favor of sailor, § 2059. Child, relinquishment of control, § 211. Children born after marriage, presumption as to legiti- macy, § 194. Children born in wedlock presumed legitimate, § 193. Collision, breach of rules, § 972. Community or separate property, § 164. Compensation of employee, presumption as to, §§ 1980, 2011. ' Consideration for negotiable instrument, § 3104. Consideration in written instrument, § 1614. 972 PRESUMPTION. Consignor presumed liable for freightage, § 2137. Contract, uncertainty in, §§ 1649, 1654, Conversion, damages, § 3336. Creditor's retention of part performance not voluntary, § 1477. Damage, adequacy of relief, § 3387. Damages by conversion, §§ 3336, 3337. Date of delivery, as to, § 1055. Depositary in fault, § 1838. Divorce, lapse of time, presumptions from, §§ 125, 126. Divorce, residence, § 129. Domicile, presumption as to, in divorce, § 129. Fee simple passes, § 1105. Fraud, presumption of on want of change of possession, § 3440. Gift presumed to be in view of death when, § 1150. Grant presumed to include whatever essential to use, § 3522. Grant, time of delivery, § 1055. Hiring for indefinite term, presumption as to time of, §§ 1943, 1944. Hiring of real property renewed, § 1945. Hiring, term of, presumption as to, §§ 2010, 2011. Hiring, renewal of, § 2012. Husband and wife, when property conveyed to, § 164. Husband receiving stepchildren into family, on, § 209. Insurance, representation refers to time of completing contract, § 2577. Insured, has knowledge of prior loss, § 2671. Intent to extinguish contract when canceled, § 1699. Joint and several promise, when presumed to be, §§ 1659, 1660. Joint obligation, § 1431. Lease, renewal of, §§ 1945, 1946. Lease, term of, § 1943. Legal capacity, presumption of restoration to from cer- tificate, § 40. Legitimacy, §§ 193, 195. Loan presumed to be on, § 1914. Loss of ship from continued absence, § 2705. Loss or injury to thing deposited, presumption on, § 1838. PRESUMPTION— PRICE. 973 Managing owner of ship, no compensation, § 2072. Marine insurance, presumption of knowledge of loss, § 2671. Obligation joint, § 1431. Origin of uncertainty in contract, §§ 1649, 1654. Partnership property, § 2406. Reformation of contract, presumption as to intent, § 3400. Resulting trust, when presumed, § 853. Sale without delivery, § 3440. Separate property, § 164. Servant, term of hiring, §§ 2010, 2011. Ship, actual loss of, § 2706. Ship, managing owner, compensation, § 2072. Shipmaster's certificate, § 2059. Term for which real property hired, § 1943. Transfers, without possession, fraudulent, § 3440. Trustee, presumption against, § 2235. Uncertainty in contract presumed caused by whom, § 1654. "Undue influence of trustee, § 2235. Value of instrument in writing, presumption as to value of, § 3356. Where property conveyed to wife and a third person, § 164. "Wife, property conveyed to, § 164. Wife, separate property, § 164. PRETERMITTED CHILDREN, succession by, § 1307. PREVENTION of performance, §§ 1511-1514. Of reduction of contract to writing, § 1623. PREVENTIVE RELIEF only granted in cases specified in code, § 3274. Only in special cases, §§ 3274, 3366 . How given, § 3368. By injunction, §§ 3420-3423. See Injunction. PRICE in sales, § 1721. Of personal property, lien, § 3049. Of real property, lien, § 3046. Of real property, priority of mortgage for, § 2898. On failure to pay, seller may resell or rescind, § 1749. When agent may receive, §§ 2325, 2326. When paid, § 1784. 974 PRIEST— PROPERTY. PRIEST, religious corporations, § 602. PRINCIPAL, attorney in fact to subscribe name of, § 1095. Consent necessary to release factor from liability, § 2030. Factor must follow directions of, § 2027. Incident passes by transfer, §§ 1084, 3540. In guaranty: See Guaranty. PRINCIPAL AND AGENT: See Agency. PRINCIPAL AND SURETY: See Suretyship. PRINTING, included in word "writing," § 14. PRIORITY, bottomry or respondentia liens, §§ 2897, 3029. Different employments, § 1988. Liens according to date, § 2897. Lien upon single fund over lien upon several, § 2899. Marshaling of assets, § 2899. Mortgage for price of land has, § 2898. Of record priority of right, § 1214. Surety's property over principal's, § 2850. PRIVILEGED COMMUNICATION: See Libel; Slander. Enumeration of, § 47. PRODUCTS OF THE MIND, property in, §§ 980-985. PROFITS by partner belong to firm, when, § 2435. Insurable interest in, § 2664. Loss of, under insurance, when presumed, § 2740. Measure of indemnity for loss of, under insurance, § 2738. Renunciation of future partnership exonerates partner, § 2417. Special partner may draw share of, § 2494. PROMISE OF MARRIAGE, damages for breach of, § 3319. When neither bound, § 62. PROMISSORY NOTE: See Negotiable Instruments. PROPERTY, absolute ownership, § 679. Accession to: See Accession. Accumulations, §§ 722-733. Acquisition, modes of, § 1000. Alien may take, hold, and dispose of, § 671. Alienation, future interest which suspends power ot, void, § 716. PROPERTY. 971 Alienation may be suspended how long, § 715. Alienation, restraint on, void, § 715. Alternative future interests, § 696. Appurtenances are what, § 662. Chattel interests are what, § 765. Classes of, § 657. Common, interests in, § 682. Common, interest in, defined, § 685. Common, what interests are in, § 686. Community, §§ 682, 686. Community, defined, §§ 164, 687. Community, resorting to, for alimony, § 141. Community: See Divorce; Husband and Wife. Conditions are precedent and subsequent, § 708. Conditions precedent, void when, § 709. See Conditions. Confusion of goods, §§ 1025-1033. Contingent interest defined, § 695. Corporation may acquire, § 360. Defined, §§ 14, 654. Divorce, disposition of, on, §§ 146-148. Enjoyment, fixing time of, § 707. Fee, owner in, surface and everything above and be- low belongs to, § 829. Fixtures, § 1013. Fixtures: See Fixtures. Found property, claimant to prove, § 1866. Future estates, qualities of, § 699. Future interests are vested or contingent, § 693. Future interests defeated how, §§ 739, 740. Future interest defined, § 690. Future interests in the alternative, § 696. Future interest not defeated by what, §§ 741, 742. Future interests, two or more in alternative, § 696. Future interest, what not void, § 697. Future interests, what only recognized, § 703. Good-will defined, § 992. Good-will, in, § 655. Good-will transferable, § 993. Husband and wife, §§ 143, 158, 161, 177. Husband's debts, wife's not liable for^ § 171. Husband's support, when liable for, § 176. 876 PROPERTY. Husband's, when liable for alimony, § 141. Husband's, when not liable for wife's debts, S 170. Includes real and personal property, § 14. Income, accumulation of, §§ 722-733. Income defined, § 748. Increase of, ownership of, § 732. Interest, time of creating, § 749. Interests as to time of enjoyment, § 688. Islands, ownership of, §§ 1016-1018. Inventions, rights in, §§ 980-985. Joint Interest defined, § 682. Joint interests, § 682. Letters, to whom belong, § 985. Limited interest defined, § 692. Literary property, §§ 980-985. See Literary Property. May exist in what things, § 655. Mere possibility is not an interest, § 700. Occupancy, title by, § 1006. Owner, all property has, § 669. Ownership, absolute or qualified, § 678. Ownership, absolute when, § 679. Ownership by several, classes of, § 682. Ownership defined, § 654. Ownership is qualified when, § 680. Ownership of interests, as to time, § 688. Ownership, several, defined, § 681. Ownership, termination of, §§ 739-742. Ownership, time of creation, § 749. Parent's support, when liable for, § 201. Partnership interest defined, § 684. Perpetual interest defined, § 691. Perpetual interest, duration of, § 691. Personalty: See Personal Property. Posthumous children, §§ 698, 739. Prescription, § 1007. Present interest defined, § 689. Private writings, to whom belong, § 985. Products of the mind, §§ 980-985. Property, modes in which acquired, § 1000. Qualified or absolute, ownership is, § 678. Qualified ownership, § 680. Realty: See Real Property. PROPERTY — PUBLIC. 977 Restoration of thing -wrongfully acquired, §§ 1712, 1713. Restraint upon alienation void, § 711. Right arising out of obligation is, § 1458. Separate, of spouses, §§ 162, 163. Several ownership, §§ 681, 682. Several ownership, classes of, § 682. Several ownership defined, § 681. State is owner of property which has no other owner, § 670. State may hold, as private proprietor, § 669. State owns what, § 670. Termination of ownership, §§ 739-742. Termination of tenancy at will, notice, § 789, 790. Time of enjoyment, interests as to classified, § 688. Time of creating ownership, § 749. Title deeds, § 994. Trademark, in, §§ 655, 991. Transfer of: See Transfer. Vested future interest defined, § 694. , What may exist in, § 655. Who may own, § 671. Wife may dispose of, § 162. Writings, property in, §§ 980-985. See Personal Property; Real Property. PROPOSAL. Acceptance must be unqualified, § 1585. Qualified acceptance, § 1585. Revocation, §§ 1586, 1587. To contract, acceptance, §§ 1582, 1585. What is deemed acceptance, § 1584. PROTECTION against restraint and injury, § 43. To personal relations, § 49. What force used in seeking, § 50. PROTECTIVE ASSOCIATIONS, act providing for forma tion of, p. 689. Act validating acknowledgments by, p. 665, PROTEST of bills of exchange, §§ 3225-3232. PROVISIONS, implied warranty on sale of, § 1775. PROXY, voting by, at corporate meetings, § 312. PUBLIC contracts interpreted against private party, §§ 1069, 1654. 878 PUBLIC— QUO WARRANTO. Deceit upon, § 1711. Grant by, interpreted in favor of grantor, § 1069. Grant interpreted against grantee, § 1069. Nuisance: See Nuisance. PUBLICATION, assessment, notice of, § 336. Delinquent assessments, § 339. Libel by unprivileged, § 45. Partners, of names of, § 2466. Partnership, certificate of special, § 2483. Partnership, change of name of, § 2469. Partnership, notice of dissolution, § 2453. Privileged, defined^ § 47. Products of mind, § 983. Special partnership, afiidavit of, § 2484. Special partnership, notice of dissolution of, § 2509. PUBLIC MEETINGS, reports of, are privileged commuxU- cations, §§ 47, 48. PUBLIC POLICY, contracts against, §§ 1667, 1668. PUFFING AT AUCTION, § 1797. PURCHASE MONEY, lien for, § 3046. Priority of mortgage for, § 2898. QUALITY, damages for breach of warranty of, § 3313. Domestic provisions, § 1775. General, § 1773. Goods inaccessible to buyer, § 1771. Warranty by manufacturer, §§ 1768, 1770. Warranty of goods sold by sample, § 1766. Warranty on executory sale, § 1767. QUANTITY, implied warranty as to, § 1773. QUESTIONS OF LAW AND FACT. Fraud, a question of fact, § 3442. QUIET ENJOYMENT, covenants for, § 1463. Covenant runs with land, § 1463. Damages for breach of covenant of, § 3304. Executory contract of sale, § 1733. Implied in hiring of personalty, §§ 1927, 1955. QUORUM. Board of directors, quorum of, § 308. QUO WARRANTO, § 358. RAILROAD CORPORATIONS. 979 RAILROAD CORPORATIONS: See Carriers; Street Railway Corporations. AflBdavit to subscription of stock and payment of ten per cent, § 295. Amount of capital stock to be subscribed, § 293. Animals, injuries to, liability for, § 485. Animals, injuries to or by, where owner paid to main- tain fence, § 485. Annual report of, to state what, § 480. Annual report to be verified, § 480. Articles to state what facts, § 291. Assessment of stock, § 455. Assessments on stock, limitation of, § 322. Badge, officers to wear, § 488. Baggage: See Carriers. Baggage, checks to be affixed to, § 479. Baggage or freight train, passenger on, § 483. Bell, penalty for failure to ring, § 486. Bell, sounding, duty and liability as to, § 486. Bonds, may issue, § 456. Bonds of, interest, § 456. Bonds of, limitation of amount, § 456. Bonds, power of holder to convert into stock, § 457. Bonds, sinking fund to pay, § 457. Borrow money, power to, § 456. Brakes on cars, p. 753, Stats. Buildings, may erect necessary, § 465. Capital stock to be fixed, § 458. Certificate of payment of fixed capital stock, § 459. Code provisions apply to all companies, § 493. Commissioners of transportation, act relating to, p. 766. Commissioners, railroad, act organizing and defining powers of broad, p. 766. Completion of road, act authorizing, p. 763. Connect roads, power to, § 465. Consent of municipalities to use of streets and waters, § 470. Consolidation, articles of and of incorporation, § 473. Consolidation, effect of on prior contracts, § 473. Consolidation, manner of, § 473. Consolidation of, § 473. Consolidation of, publication of notice, and filing copy, § 473 . 880 RAILROAD CORPORATIONS. Construction of road, forfeiture of franchise, § 468. Construction of road, time to begin, § 468. Crossings and intersections, §§ 469, 472. Crossings, condemning land for, § 472. Crossings, mode of malting, §§ 469, 472. Crossings, other land for, how acquired, § 472. Cross roads, power to, § 465. Debt, power of holder to coKv'ert into stock, § 457. Deed of trust by, § 456. Deed of trust by, trustee in, § 456. Directors, election of, § 454. Electricity, steam road permitted to use, p. 772, Stats. Elevation, management and operation of road above certain, p. 765, Stats. Fences, duty and liability respecting, § 485. Fencing track, § 485. Fenders on cars, p. 753, Stats. Foreign, doing business of by on equal terms, p. 764, Stats. Forfeiture for want of operation, p. 765, Stats. Franchise, forfeiture of, § 468. Franchise, sale of to another corporation, § 494. Franchise and property of roads in competition, cannot purchase, §§ 465, 494. Franchise and property of roads not in competition, may purchase, §§ 465, 494. Franchise, statute limiting time within which may be granted, p. 773. Franchise, statutes relating to sale of and governing conditions of sale, pp. 753-762. Franchise, statute validating ordinances granting, p. 763. Freights, power to regulate, § 465. Gravel, may purchase, § 465. Injuries to animals on track, liability for, § 485. Line of, may change, § 467. Location of route, power to change, § 467. Mail carriers to ride free on street cars, p. 773, Stats. Management and operation of railroads above certain elevations, p. 765, Stats. Map and profile to be filed, § 466. May borrow money, § 456. RAILROAD CORPORATIONS. 981 May carry freight and persons, § 465. May lay out road, how wide, § 465. May purchase land, timber, gravel, etc., § 465. May regulate force and speed, § 465. May regulate time and freights, § 465. May sell property and franchise to another corpora- tion, § 494. May sell to another corporation, § 494. Mortgage by, § 456. Oflficers to wear badge, § 488. Officer without badge, no authority, § 488. Operation of, act compelling, p. 765. Operation of, forfeiture for want of, p. 765, Stats. Operation of railroads above certain elevations, p. 765, Stats. Passengers: See Passenger Carriers. Powers, enumeration of, § 465. Property, refusal to carry or deliver, § 482. Rails to be used, § 491. Rates and charges, § 489. Rates and charges, posting, § 489. Rates lower to meet competition not to be raised with- out consent, § 494. Rates not to be raised without consent of authorities, § 494. Rates, penalty for raising without consent, power and duty of attorney-general, § 494. Rates, raising without consent, penalty for, § 494. Rates and charges, penalty for overcharge, § 489. Real estate, may acquire, § 465. Right of way over state lands, grant of, §§ 474, 475. Right of way, selection of, how proved and certified, § 478. Sale of property and franchise to another corporation, § 494. Sale of property to another railroad, raising rates, penalty, § 494. Sale to another corporation, effect of, § 494. Sale to another corporation, limitations on, § 494. Selection of land or right of way, how proved and cer* tifled, § 478. Sinking fund to pay bonds, § 457. 982 RAILROAD CORPORATIONS — RATE OP INTEREST. Speed, may regulate, § 465. State lands granted for, not to embrace town lots, § 475. State lands granted for, revert when, § 477. State lands granted for, right of way, § 474. Steam whistle, penalty for failure to sound, § 486. Steam whistle, sounding on approaching crossings, § 486. Stock not transferable until previous calls or install- ments paid, § 455. Stock, right to convert bonds or debts into, § 457. Stock, transfer before twenty per cent paid and cer- tificate issued, § 455. Stocks, bonds and securities of roads in competition, cannot purchase, § 465. Stocks, bonds and securities of roads not in competi- tion, right to purchase, § 465. Streets and alleys, consent of municipalities to use of, § 470. Street: See Street Railways. Subscription to stock, amount necessary as prerequi- site to filing articles, §§ 293, 294. Survey road, power to, § 465. Ten per cent of amount subscribed to be paid in, § 294. Tickets: See Passenger Carriers. Timber, may purchase, § 465. Time for running trains, § 481. Time for starting, delay in, penalty for, § 2170. Time for starting, schedule establishing and publish- ing, § 2170. Transfer of stock, § 455. Use of streets and water of municipality, consent of, § 470. Width of road, § 465. Where may construct road, § 465. , Wood, stone and earth may be taken from state lands, § 476. RANSOM of ship and cargo, § 2380. RATE OF INTEREST, annual, § 1916. Bottomry, § 3022. Judgment, on, § 1920. RATE OF INTEREST REAL PROPERTY. 983 Legal, §§ 1917, 1918. Respondentia, § 3039. See Interest. RATIFICATION of acts of agent, § 2307. Of contract void for want of consent, § 1588. Of voidable contract, §§ 1588, 2310, Partial, when total, § 2311. Prejudice of third person forbidden, § 2313. Rescission of, § 2314. When void, § 2312. REAL PROPERTY: See Property. Accessions: See Accession. Accumulations, §§ 722-733. Acquisition, modes of, § 1000. Adverse possession, § 1007. Agreement to convey, statute of frauds, § 1741 • Alienation, suspension of: See Alienation. Appointment, effect of power of, § 781. Appurtenances are what, § 662. Assignment for creditors, § 3466. Assignee of lessee, liability of, § 822. Benevolent corporation, right to own, §§ 595-598. Boundaries by road or street, § 831. Boundaries by water, § 830. Broker, statute of frauds, § 1624. Chattels real defined, § 765. Chattels real, suspending alienation of, § 770. Community property: See Property. Conditional fees abolished, § 763. Conditional limitation, § 778. Conditions precedent and subsequent, §§ 708-711. Conditions precedent and subsequent, grant on, §§ 1109, 1110. Conflict of laws, § 755. Consists of what,-§ 658. Contingent remainder: See Remainders. Conveyance, how only can be transferred, § 1091. Conveyance of: See Conveyance. Corporation may acquire, and how much, § 360. Covenant: See Covenants. Damages for wrongful occupation, § 3334. Deeds: See Conveyance. •84 REAL PROPERTY. Devisee's right to recover rents, etc., § 821. Distribution of: See Succession. Easements: See Easements. Ejectment, notice not necessary before, § 793. Escrow, delivery in, § 1057. Estates at will are chattel interests, § 765. Estates enumerated, §§ 701, 761. Estates for life, limitation of successive, § 774. Estate for life of third person a freehold, § 766. Estates for life, remainder of, § 777. Estate in fee defined, § 762. Estates of inheritance, § 762. Estates tail abolished, § 763. Estate, time of creating, § 749. Fee, defined, § 762. Fee, words of inheritance not necessary to transfer of, § 1072. Fence, partition, duty to maintain, § 841. Fixtures: See Fixtures. Freeholds are what, § 765. Freehold, estate for life of third person is, § 766. Future estates created how, § 773. Future estate to commence in futuro, § 767. Future estates, qualities, § 699. Future interests defeated when, §§ 739, 740. Future interests not defeated when, §§ 741, 742. Future interests, what not recognized, § 703. Future interests: See Future Estate; Future Interests. Heirs and issue, interpretation of, § 1071. Heirs of tenant for life, when to take as purchasers, § 779. Highway as boundary, § 831. Includes what, §§ 14, 658. Income, accumulation of, §§ 722-733. Incumbrance includes what, § 1114. Infant's contracts respecting, § 33. Insurance companies may purchase and hold, § 415. Interests in, denominated estates, § 701. Interests in, generally, § 701. Interest, time of creating, § 749. Interests in: See Property. Islands, to whom belong, §§ 1016-1018. REAL PROPERTY. 985 Judgment for possession or title, § 3375. Kinds of, § 658. Land ia what, § 659. Lateral support, excavations, § 832. Laws governing, § 755. Lessees and their assignees, rights of, § 823. Lessee's assignee, liability of, § 822. Limitation of successive estates for life, § 774. Minor's contract respecting, § 33. Monuments, duty of coterminous owners to maintain, § 840. Obligations of coterminous owners, § 841. Occupancy, title by, § 1006. Owner's rights above or beneath, § 829. Perpetuities, §§ 715, 716. Posthumous children, §§ 739, 1403. Power of appointment, effect of, § 781. Powers, execution of, § 860. Prescription, § 1007. Profits liable to creditors, though trust to receive same, § 859. Purchasers, heirs of life tenant to take as, when, § 779. Recording instruments affecting: See Recording. Re-entry, transfer of right to, § 1046. Re-entry, when and how to be made, § 791. Remainders: See Remainders. Rent dependent on life recoverable after death, § 825. Rents, grant of, § 1111. Rents liable to creditors, though trust to receive same, § 859. Rents, right 'of grantee to recover, § 821. Restraints upon alienation, void, § 711. Reversions: See Reversions. Right of way, § 802. Rule in Shelly's case, § 779. Sale of, agreement for, §§ 1731-1734. Servitudes: See Easements. Shelly's case, § 779. Social corporation, right to hold, §§ 595-598. Specific performance of contract to convey, § 1741. Specific performance: See Specific Performance. Civ. Code— 42 986 REAL PROPERTY— RECEIVER. Statute of frauds, agreement to convey, § 1741. Street as boundary, § 831. Successive estates, for life, limitation of, § 774. Tenancy at will, termination of, notice, §§ 789, 790. Tenant at will, rights of, §§ 819, 820. Tenant for life, duty as to buildings, fences, etc., §840. Tenant for life, rights of, § 818. Tenant for life, taxes and charges, duty to pay, § 840. Tenant for years, rights of, §§ 819; 820. Termination of ownership, in general, §§ 739-742. Termination of tenancy at will, notice, §§ 789, 790. Timber, cutting or injuring, damages for, § 3346. Time of creating interest, § 749. Time of enjoyment, fixing, § 707. Title deeds, § 994. Transfer of: See Conveyance. Trees on the line, § 834. Trees wholly on land of one, § 833. Trusts: See Trusts. Trusts and uses in relation to, §§ 847-871.' Trust to be written, § 852. Uses: See Trusts. Uses and trusts in relation to, §§ 847-871. Warranties, liability for, § 1115. Warranties, lineal and collateral abolished, § 1115. Waste, grantee's right to recover for, § 821. See Waste. Waters as boundary, § 830. What included in, § 14. What law governs, § 755. REASON being the same, rule the same, § 3511. Ceasing, rule should cease, § 3510. RECEIPT, insurance premium, of, effect of, § 2598. Right to demand, § 1499. Warehouse, act in relation to, p. 778, Stats. Wharfingers, act in relation to, p. 778. RECEIVER, alimony to enforce, § 140. Appointing where alimony or maintenance allowed, § 140. Statute authorizing corporation to act as, p. 702. RECONVEYANCE— RECORDING. 987 RECONVEYANCE by grantee on non-performance of con- ditions subsequent, § 1109. Cancellation or re-delivery of grant, not, § 1058. RECORDER, city, may solemnize marriage, § 70. RECORDING, acknowledgment of instrument executed by corporation, § 1161. Acknowledgment, what instruments cannot be re- corded without, § 1161. Acknowledgment, what instruments may be recorded without, §§ 1159, 1160. AflBdavits of work and notices respecting mining claims, § 1159. Another county, recording copy in, and its effect, § 1213. Assignment for creditors, §§ 3458, 3459. Bona fide purchaser, rights against unrecorded in- strument, § 1107. Books of record, § 1171. By-laws of corporation, § 304. Certified copy of recorded conveyance recorded in another coimty, as notice, § 1213. Certified copies of record as evidence, § 1207. Chattel mortgage, § 2957. Complete when, § 1170. Conveyance, copy of, in another county, § 1213. Conveyance defined, § 1215. Conveyance recorded before code, §§ 1205, 1206. Conveyance void unless recorded, when, § 1214. Conveyance, where and to whom notice, § 1213. Conveyance within meaning of recording act, § 1215. Copy in another county, § 1213. Corporation, acknowledgment of instrument recorded by, § 1161. Corporation, records of, §§ 377, 378. County in which instruments to be recorded, §§ 1169, 2480. Curative act, act curing defectively executed instru- ments, § 1207 . Declarations of marriage, § 79i/^. Deed absolute intended as mortgage, § 2950. Deeds and mortgages separately, § 1171. Discharge of mortgage, § 2940. 988 RECORDING. Duties of recorder, § 1172. Evidence, certified copies of record as, § 1207. Fees of recorder to be indorsed on instrument, § 1165. Grants and mortgages to be recorded in separate books, § 1171. Homestead declaration, where recorded, § 1264. Homestead selection, §^ 1262, 1269. Instruments proven and certified, § 1162. Instruments whicli may be recorded, § 1158. Inventory of wife's property and its effect, §§ 165, 166. Judgjients may be recorded, § 1158. Judgments may be recorded without acknowledg- ment, when, § 1159. Lease for not more than year, § 1214. Letters patent may be without acknowledgment, § 1160. Liens, § 1164. L<5st letters patent, recording certified copy of, § 1160. Marriage certificate, § 74. Marriage declaration, § 77. Marriage settlement, §§ 179, 180. Marriage settlement and its effect, §§ 179, 180. Mortgage, § 1164. Mortgages and grants to be recorded in separate books, § 1171. Mortgage in general, § 2952. Mortgage of ship, § 2958. Mortgages, recording of, § 2952. Notice, certified copy of recorded conveyance recorded in another county, § 1213. Notice, record of assignment of mortgage as, §§ 2934, 2935. Notice, record of instrument before as, §§ 1207, 1903. Notice, record of conveyance is, § 1213. Notice, copy of conveyances recorded in another county is, § 1213. Notice of appropriation of water, § 1421. Notice of location of mining claims, § 1159. Office, in what made, § 1169, 2480. Partnership, of certificate of,- § 2480. Partnership, special, dissolution of, § 2509. Power of attorney and revocation thereof, § 1216. RECORDING— REGISTRY. 989 Priority of, § 1214. Proof of instrument, action for, and effect of the judgment, §§ 1203, 1204. Trust, transfer in, § 1164. "Unrecorded instrument, effect of against bona fide purchasers, § 1214. Unrecorded instrument, effect of as against judgments, § 1214. Unrecorded instrument good as to those who have notice, § 1217. Unrecorded instrument good between parties, § 1217. Vessels, transfer of, recording governed by federal laws, § 1173. Want of, its effect, § 1217. What law governs, §§ 1205, 1206. What instruments may be recorded, §§ 1158, 1162. When instrument deemed recorded, § 1170. Where, in what county, §§ 1169, 2480. Wine sale, § 3440. RECRIMINATION defeats divorce, § 111. RE-DELIVERY of grant does not re-transfer, § 1058. REDEMPTION, contract in restraint of, void, § 2889. Foreclosure of right of, § 2931. Foreclosure of right to redeem pledge, § 3011. Franchise, of, § 392. Franchise, of, from execution sale, § 392. Lien, from, §§ 2903-2905. Releasing right of, in assignment for creditors, § 3468. See Liens. RE-ENTRY, transfer of right to, § 1046, When and how to be made, § 791. REFEREE in divorce cases, § 130. REFORMATION, contract may be reformed when, § 3399. Fraud, reformation of contract for, § 3399. Mistake, reformation of contract for, § 3399. Presumption as to intent of parties, § 3400. Principles of, § 3401. Specific performance of reformed contract, § 3402. What inquiry made by court, § 3401. REGISTRATION: See Recording. REGISTRY, ships, of, § 966. 990 REINSURANCE — RELIGIOUS, ETC., CORPORATIONS. REINSURANCE defined, § 2646. What communicated on, § 2647. Presumed against liability, § 2648. ■ Original insured no interest in, § 2649. RELATION of right to water, § 1418. RELATIONSHIP, degrees, how computed, §§ 1389-1393. Half blood, right to succeed, § 1394. Husband and wife cannot impair legal, § 159. Succession though illegitimate, § 1388. RELATIVES, alienage of, right of succession, § 1404. Legacies to, chargeable with debts, § 1361. Of half blood succeed alike with whole blood, § 1394. Protect child from parental abuse, § 203. Right of defense of, §§ 43, 50. RELEASE, creditor, by, obligation extinguished by, § 1541. Debtor, of, by substitution, § 1531. General, effect on claims creditor did not know of, § 1542. General, extent of, § 1542. Guardian, release to by ward, § 256. Joint debtors, of, § 1543. Obligation extinguished by, § 1541. RELIEF: See Damages. In general, § 3274. Preventive relief: See Preventive Relief. Specific: See Specific Relief. RELIGIOUS, SOCIAL, AND BENEVOLENT CORPORA- TIONS, articles to set forth what, §§ 594, 602, 604. By-laws, §§ 599, 603, 604. Certificate of incorporation, § 603. Cemeteries, § 595. See Cemetery Corporations. Corporations sole, articles of incorporation, § 602. Corporations sole, electing to continue existence under code, § 602. Corporations sole, limit on land held by, § 602. Corporations sole, may become when, § 602. Corporations sole, powers of, § 602. Corporations sole, proof of appointment or election of bishop, priest, etc., § 602. RELIGIOUS, ETC., CORPORATIONS— REMAINDERS. 991 Corporation sole, superior judge to have access to books, § 602. Directors' annual report, § 597. Directors, election and number of, § 593. Directors, election of, §§ 603, 604. Election of directors, officers conducting to verify proceedings, § 594. Elections, no cumulative voting unless by-laws pro- vide, § 307. Fees, qualification, etc., of members, § 599. Formed how, § 593. Incorporation of religious societies, §§ 603, 604. Indebtedness of, § 599. Insurance laws, fraternal societies exempt from, § 451. Insurance: See Insurance; Insurance Corporation. Limitation on right to hold land, §§ 595, 596, 603, 604. May hold real estate, §§ 595, 596. May sell or mortgage real estate, how, § 598. Members admitted after incorporation, § 600. Membership in, how only transferred, § 601. Mortgage of property, § 598. Officers, meetings, etc., § 599. Orphan asylums, § 595. Orphan asylum may hold how much property, § 595. Property of, §§ 603, 604. Records to be kept by, § 378. Records to be open to inspection, § 378. Religious society, incorporation of, §§ 603, 604. Rules and regulations of, § 599. Rules of religious denominations requiring adminis- tration of temporalities, § 602. Surplus real estate to be sold, § 596. • RELIGIOUS SOCIETY, incorporation of, §§ 603, 604. REMAINDERS, conditional limitation, remainder when deemed to be, § 778. Construction as to time of taking effect, § 780. Contingency, upon, § 778. Contingent estate, created how, § 773. '_ Contingent on prior remainder in fee, § 772. Contingent, in fee, § 772. Contingent, on term of years, § 776. Contingent remainder in fee, § 772. 992 REMAINDERS. Contingent remainder on term of years, § 776. Created, how, § 773. Death of devisee before testator, effect on, § 1344. Defined, § 769. Estate for life, remainder may be limited thereon, § 773. Fee, remainder in, limited upon fee tail, effect of, g 764. For life upon term of years must be to one in esse, § 777. Future and contingent estates, how created, § 773. Grant of, § 1111. Grant of effectual without attornment of tenant, § nil. "Heirs" and "issue," meaning of, § 1071. In fee upon fee tail, § 764. Lapse of limited interest, effect on remainderman, § 1344. May be limited without intervention of precedent es- tate, § 767. May be limited on termination by any means of pre- cedent estate, § 767. Of estates for life, § 777. Owner may sue for injury to inheritance, § 826. Shelly's case, rule in abolished, § 779. Successive estates for life cannot be limited except to persons in being, § 774. Successive estates for life upon, § 775. Term of years, contingent remainder on, § 776. Term of years may be created expectant on, § 773. Upon contingency, § 778. Upon an estate for life created in a term of years, § 773. Upon estate for life in a term of years must be for residue, § 775. Upon successive estates for life some of which are void, § 774. Upon estates for life or term of years, § 775. Valid, when, § 764. \ested or contingent may be created on term of years, § 773. What title vests under, § 779. See Future Interests. • RENT— RESCISSION. 993 RENT, acceptance, when renewal of lease, § 1945. Covenant for payment runs with land, § 1463. Dependent on life, recoverable after death, § 825. Forfeiture by letting room in parts, § 1950. Grant of, § 1111. Grantee's right to recover for, § 821. Life, under lease for, § 824. Payment to grantor, binding on grantee, § 1111, Payable, when, § 1947. Remedies by assignees, §§ 821, 822, 823. Servitude, right of taking as, § 802. Term of hiring indicated by, § 1944. Treble, §§ 3344, 3345. Trust, express, to receive, § 857. See Landlord and Tenant. REPAIR, borrower, when to, § 1889. Coterminous owners to repair fence, § 841. Hirer of personal property, at expense of letter, § 1956. Hirer, when to, § 1929. Landlord, when to, § 1941, Lettee's obligations as to, § 1955. Letter of personal property, § 1955. Owner of estate for life to, § 840. Shipmaster, § 2376. Ship, owner for voyage to, § 965. Tenant at expense of landlord, § 1942. Tenant for life to repair fence, § 840. REPEAL of former statutes, § 20. REPORT, appraisers of homestead, § 1252. Official proceedings, privileged, § 47. REPRESENTATION, inheritance by, § 1403. Inheritance by right of takes place, when, § 1403. RESCISSION, application of performance, rescission of, § 1479. Buyer, by, at auction for by-bidding, § 1797. Buyer, by, if seller refuses inspection, § 1785. Buyer, by, on breach of warranty, § 1786. Conditions of, § 1691. Consent not free, subject to, § 1566. Contract, of, in what cases allowed, § 1689. Contracts, of, when adjudged, § 3406. 884 RBSCISSIO^^— RESPONDENTIA. Diligence in, § 1691, Effected, how accomplished when not consented to, § 1691. Equity, party required to do, § 3408. Extinguishes contract, § 1688. Grounds for, §§ 1689, 3406. Infant, by, § 35. Insane persons, § 39. Insurance of, for concealment, §§ 2562, 2569. Insurance, of, for false representation, § 2580. Insurance, of, at what time may be executed, § Z85Z. Lunatic, by, § 39. Mistake, for, § 3407. Novation, of, § 1533. Of alteration of obligation does not restore guaranty, § 2821. Person not without understanding, § 39. Ratification of, § 2314. Requirements on adjudging, § 3408. Restoration of benefits, § 1691. Risk, for alteration increasing, § 2753. Sale for nonpayment of price, § 1749. Stipulation, not barred by, § 1690. Stoppage in transit is not, § 3080. Third person may enforce contract before, § 1559. Valuation, for fraudulent, § 2736. Warranty, for violation of, etc., § 2608. RESERVATIONS, interpreted in favor of grantor, §1069. RESIDENCE: See Domicile. Guardian may fix, of ward, § 248. RESIDUE, of testator's estate, devise of, § 1332. Of testator's estate, bequest of, § 1333. Remainder on, § 775. RES JUDICATA, judgment annulling marriage, § 86. RESPONDENTIA defined, § 3036. Fraudulent conveyance, delivery, § 3440. Interest, rate of, § 3039. Is subject to law of liens, § 2877. Master, by, § 3038. Not affected by law of mortgages, § 2942. RESPONDENTIA— REVOCATION. BSft Owner's obligations to repay, § 3040. Owner of cargo, by, § 3037. Priority of lien, § 2897. See Bottomry. RESTORATION, necessary on rescission of contract, § 1691. Of deposit, terminates duties of depositary, § 1847. Of thing found, § 1871. Of thing wrongfully obtained, §§ 1712, 1713. Lien extinguished by, § 2913. RESTRAINT, Alienation, of, when void, §§ 711, 716. Marriage, of, when void, §§ 710, 1676. Protection from bodily, § 43. Redemption from lien, of right of, § 2889. RESTRAINT OF TRADE, contracts in, §§ 1673-1675. On sale of good-will, § 1674. In partnership arrangements, § 1675. RETROACTIVE, code is not, § 3. Code is not, as to wills, § 1375. Corporations, legislature may repeal or amend laws relating to, § 384. REVERSION, grant of, § 1111. Grant of effectual without attornment of tenant, § 1111. Of land granted to corporations, § 477. Estate in, defined, § 768. Owner may sue for injury to inheritance, § 826. Remedies of reversioner for rent, non-performance, waste or forfeiture, § 821. Reversioners, remedies of, § 826. REVISION OF contract; §§ 3399-3402. See Reformation of Contracts. REVOCATION: See Contract. Condonation, of, § 121. Consent to separation subject to, § 101. Gift in view of death, of, § 1151. Guaranty, of continuing, § 2815. Power of attorney, of, § 1216. Power of, when deemed executed, §§ 1229, 1230. Proposal to contract, of, § 1586. Trust, of, § 2280. See Wills. 996 REWARD— SALE. REWARD, finder of property entitled to what, § 1867. RIGHT OF WAY, in general, §§ 801, 802. Selection by railroad, § 478. Street railway, of, restrictions on, § 498. Telegraph corporations, of, § 536. RIGHT TO CONVEY, damages for breach of covenant of, § 3304. RIOT, deposit in case of, §§ 1815, 1816. RIVER: See Waters. ROAD: See Highways; Wagon Road Corporation. Boundary, road as, § 831. SAILOR: See Shipping. SALE: See Transfer. Agreement for, § 1726. Agreement for, what may be subject of, § 1730. Agreement to buy, definition of, § 1728. Agreement to sell, definition of, § 1727. Agreement to sell and buy, defined, § 1729. Auction, absolute rights of buyer, § 1796. Auction, auctioneer's memorandum, § 1798. Auction, bids by seller void, § 1796. Auction, by-bidding, § 1797. Auction, complete when, § 1793. Auction defined, § 1792. Auction, withdrawal of bid, § 1794. Auction, written conditions not alterable by parol, § 1795. Baggage, of, by innkeeper for storage, § 1862. Bill of sale, § 1053. Bona fide purchaser, title -of, § 1142. Breach of, damages for, §§ 3353-3355. Buyer acquires better title than seller, when, § 1142. Buyer's direction as to sending thing sold, § 1757. Buyer must take away thing, when, § 1784. Cargo, master's power to sell, § 2379. Carrier's sale of perishables for freightage, § 2204. Complete, when, § 1140. Consignment: See Consignment; Factor. Consignee defined, § 2110. Consignor defined, § 2110. Damages for breach of agreement to buy, § 3311. SALE. 997 Damages for breach of agreement to deliver, § 3309. Damages for breach of agreement to pay, § 3310. Damages for breach of agreement to sell, § 3308. Damages for breach of contract of, value estimated how, §§ 3353-3355. Damages for breach of warranty of quality, § 3313. Damages for breach of warranty of quality for special purpose, § 3314. Damages for breach of warranty of title, § 3312. Defined, § 1721. Definition of agreement to buy, § 1728. Delivery on demand, § 1753. Delivery, expense of transportation, § 1755. Delivery, notice of election as to, § 1756. Delivery, option as to, time for exercise of, § 1756. Delivery, place of, §§ 1754, 1755. Delivery, property to be put in condition for, § 1753. Delivery, seller a depositary before, § 1748. Delivery, void without, § 3440. Delivery within reasonable hours, § 1758. Deposits, of perishable, § 1837. Election as to delivery, notice of, § 1756. Exchange in general, §§ 1804-1807. Exchange, loan for, §§ 1902-1906. Executory contract of, title passes when, § 1141. Factor, by, for reimbursement, § 2027. Five days' notice of sale of stock in trade, § 3440. Form of contract, § 1739. Found thing, of, §§ 1869, 1870. Frauds, statute of, §§ 1624, 1739, 1740. Fraudulent: See Fraudulent Conveyance. Inspect goods, right to, § 1785. Lien extinguished by, § 2910. Lien of seller, § 3049. Manufacture, contract to, need not be written, § 1740. Notice of sale of stock in trade, § 3440. Option as to delivery, time for exercise of, § 1756. Payment, failure of, remedies of seller, § 1749. Payment on delivery, § 1784. Perishable deposits, sale of, § 1837. Price, when to be paid, § 1784. Resale, when may be had, § 1749. 998 SALE. Rescinding for nonpayment, § 1749. Rescission for breach of warranty, § 1786. Ship, master's power to sell, § 2378. Statute of frauds, §§ 1624, 1739, 1740. Stock for delinquent assessments, § 341. Stoppage in transit, effected how, § 3079. Stoppage in transit, effect of, § 3080. Stoppage in transit, insolvency of consignee Is what, § 3077. Stoppage in transit, transit ends when, § 3078. Stoppage in transit, when proper, § 3076. Storage property, of, § 1857. Title passes when, § 1140. Title passes when, in executory contract, § 1141. Title, when buyer acquires better than seller had, § 1142. To enforce lien on property, § 3052. Transfer by, code provisions governing, § 1136. Transportation, risk and expense of, § 1755. Transportation, risks of, § 1757. Void if no delivery, § 3440. Warranty, agreement to sell does not imply, § 1765. Warranty, breach of, rights on, § 1786. Warranty by agent, § 2323. Warranty by manufacturer against latent defects, § 1769. Warranty defined, § 1763. Warranty, general, effect of, § 1778. Warranty, not implied in contract of sale or agreement to sell, § 1764. Warranty of good-will, § 1776. Warranty of inaccessible thing, § 1771. Warranty of marks, § 1773. Warranty of merchandise not existing, § 1768. Warranty of money on exchange, § 1804. Warranty of provisions for domestic use, § 1775. Warranty of thing manufactured for special purpose, § 1770. Warranty of title, § 1765. Warranty of trademark, § 1772. Warranty on sale of written instrument, § 1774. Warranty on judicial sale, § 1777. SALE— SAVINGS AND LOAN CORPORATION. ^'•'O Warranty on sale by sample, § 1766. Warranty when seller knows buyer relies on his state- ments, etc., § 1767. What may be subject of, § 1722. Wines, of, delivery not necessary, § 3440. Wines, of, recording, § 3440. Wines, of, to be in writing, § 3440. Writing, contract when to be in, §§ 1624, 1739, 1740. See Transfer. SALVAGE, cost of payable through general average con- tribution, § 2079. In general, § 2079. Lien for, § 2079. Priority of lien for, § 3028. Seaman's abandonment of right to, void, § 2052, Seamen's wages, § 2060. Who entitled to, §§ 2079, 2725. SAMPLE, sales by, § 1766. SAN FRANCISCO, license tax on street cars in, § 508. SATISFACTION: See Accord and Satisfaction. Judgment against corporations, of, § 388. Judgment against homestead, of, § 1241. Legacies and gifts, of, § 1367. Penalty for refusing, of mortgage, § 2941. Recorded mortgage, of, §§ 2938, 2941. What operates as, §§ 1523, 1524. SAVINGS AND LOAN CORPORATION: See Bank. Bonds, investment in, § 574. Capital, amount to be paid up, § 580. Capital, amount paid up, publication of, § 583a. Capital stock, all to be subscribed before certificate issued, § 580. Capital stock, amount of required, § 580. Capital stock, amount to be paid on, § 580. Capital stock, and assets security for depositors and stockholders, § 573. Capital stock, and rights and privileges thereof, § 572. Capital stock, certificates of ownership of, § 572. Certificates of deposit, general, § 576. Certificates of deposit, payable to transferee or legal representative, § 576. 1000 SAVINGS AND LOAN CORPORATION. Certificates of deposit, special, § 576. Certificates of deposit, transferable, § 576. " Create debts " defined, § 579. " Create debts," what transactions do not, § 579. Depositors have priority over stockholders, § 573. Depositors, time and conditions of repayment, § 577. Directors, prohibitions on, § 578. Dividends, § 583. Dividends to be made only from surplus profits, § 573. Felony, ofiicer making illegal loans or investments, guilty of, § 581. Infants may deposit and draw dividends, § 575. Infants may own stock, § 575. Liability, none to be contracted except for deposits, § 573. Limitation on powers of officers, § 578. Loans, duration of, § 571. Loans, how and to whom made, § 571. Loans, on what property may be made, § 571. Loans not to be made on mining shares or stocks, § 5S1. Loans not to exceed sixty per cent of market value of realty, § 581. Lot and building, may purchase, § 574. Married women may deposit and draw dividends, § 575. Married women may hold stock, § 575. May loan money, and on what terms, how, to whom, how long, § 571. Mining shares, money not to be loaned on, § 581. Office, what acts of officer vacates, § 578. Officers, prohibitions on,'§ 578. Priority of depositors over stockholders, § 573. Property of, how disposed of, § 574. Property, real estate to be sold within ten years, § 574. Property, restrictions on purchasing, § 574. Property which may be owned by, § 574. Property which may not be owned by, § 574. Repayment to depositors, § 577. Reserve fund, disposition of, § 577. Reserve fund for payment of losses, § 577. Surplus and reserve fund, creation of, § 583. Surplus and reserve fund, conversion into capital stock, § 583. SAVINGS AND LOAN CORPORATION-SEAMEN. 1001 Surplus and reserve fund, restoration of after con- sion into capital stock, § 583. . Transferable certificates of deposit, § 576. See Building and Loan Corporations. SCIENTIFIC CORPORATIONS. No cumulative voting unless by-laws provide, § 307. SEA, carrier not liable for damages caused by perils of, § 2197. Perils of, defined, § 2199. SEAL, affixed how, § 1628. Distinction between sealed and unsealed contracts abolished, § 1629. When officer must affix to acknowledgment, § 1193. SEAMEN are who, § 2049. Cannot ship goods, § 2064. Certificate of exertion to save cargo, etc., § 2059. Contract to abandon rights, void, § 2053. Driven from ship by cruelty, rights of, § 2057. Engaged and discharged, how, § 2050. Laws of congress govern, § 2066. Lien, § 3056. Maintenance of, during sickness, § 2061. Master's power over seamen, § 2037. Not bound to go in unseaworthy vessel, § 2051. Nuncupative will of seaman, § 1289. Salvage, seaman's waiver to right in, void, § 2052. Seaworthiness: See Seaworthiness. Special contract with, validity, § 2053. Wages begin when, § 2055. Wages depend on freightage, § 2054. Wages, driven from ship by cruelty, right to, § 2057. Wages, dying during voyage, § 2062. Wages, forfeited by theft or tort, § 2063. Wages forfeited on justifiable discharge, § 2063. Wages in case of capture, § 2060. Wages not lost by agreement, § 2052. Wages of disabled seamen, § 2060. Wages on wrongful discharge, §§2057, 2060. Wages, priority of lien for, § 3028. Wages where voyage broken up, 8 2056. Wages whether lost by wreck, § 2058. 1002 SEARCHER OF RECORD— SEDUCTION. SEARCHER OF RECORD, what property of, may be mort- gaged, § 2955. SEAWORTHINESS, at what time must exist, under insur- ance, § 2683. Defined, § 2682. Degrees of, during voyage, § 2685. For purpose of insuring cargo, § 2687. Implied warranty of, in insurance, § 2681. Seamen not bound to sail when reasonable doubt as to, § 2051. What required to constitute, § 2684. SECRETARY OF STATE, proceedings for continuance of corporations, § 287. Copy of decree changing name of corporation to be filed with, § 300a. Prerequisites before issuing certificate of incorpora- • tion, § 295. When must issue certificate of incorporation, § 296. SECURITY by assignee, for benefit of creditors, § 3467. By way of bottomry (see, also. Bottomry,), § 3017. By way of lien (see, also, Lien), § 2872. By way of pledge: See Pledge. By way of respondentia (see, also, Respondentia), § 3036. Contracts of, when called bail, § 2780. For alimony, § 140, For obligation, does not prevent direct enforcement, § 2890. For third person, pledge as, § 2992. For what lien may be, § 2884. Held by creditor or cosurity, surety entitled to benefit of, § 2849. Held by surety, creditor entitled to benefit of, § 2854. Indorser having, not entitled to notice of dishonor, § 3157. Of mortgagee not to be impaired by person bound, § 2929. Power to sell in mortgage deemed part of, § 858. SECTION of code, meaning of, § 14. SEDUCTION, damages for, § 3340. In general, § 49. Wife, seduction of, § 49. SEISIN— SHIPPING. 1003 SEISIN, damages for breach of covenant of, § 3304. SELF-DEFENSE, right of, § 43. SEMINARY: See College. SEPARATION and intent to desert, not always coexist, § 100. By consent, not desertion, § 99. Consent to, revocable, § 101. Custody of child in case of, § 214. Domicile in case of separation of husband and wife, § 1^9. Husband and wife may agree to immediate, § 159. Mutual consent sufficient consideration, § 160. SERVICE, child's, parent may relinquish, § 211. Contract of, limited to two years, § 1980. Contract for, cannot be specifically enforced, § 3390. Employee in gratuitous duties, § 1975. Gratuitous, when relinquished, § 1976. Lien for, § 3051. Limited to two years, § 1980. Of carrier, other than carriage, § 2203. Of depositary, § 1839. Of legitimate unmarried minor, father entitled to, 197. Of illegitimate unmarried minor, mother entitled to, § 200. When apprentice may recover for, § 276. Without employment, compensation, § 2078. See Master and Servant; Wages. SERVITUDE: See Easement and Servitude. SETTLEMENT, marriage: See Marriage. SHEEP, killing by dogs, § 3341. See Animals. SHELLEY'S CASE, rule in, abolished, § 779. SHERIFF, lien of, for levying writ, § 3057. See Assignment for Creditors. SHIPMASTER: See Shipping. SHIPPING. Abandonment, duties and liabilities of master, § 2041. Abandonment, master, authority of, to abandon, § 2040. Abandonment of ship by master, §§ 2040, 2041. 1004 SHIPPING. Abandonment terminates master's authority, § 2381. Appurtenances of, § 961. Averages, manager's powers to adjust, § 2388. Bottomry, insurable interest reduced by, § 2660. Cargo, master may engage, § 2376. Cargo, master's power to hypothecate, §§ 2375, 2377, 3038. Cargo, master's power to sell, § 2379. Cargo, sacrifice for safety, § 2148. Cargo, sale of by master, owner's rights, § 2385. Cargo, sale of perishable or damaged, § 2377. Cargo, ship's manager may purchase, § 2389. Capture of ship, wages, § 2060. Charterer, insurable interest of, § 2665. Charter party defined, § 1959. Charter party, manager may enter into, § 2388. Charter party, master may enter into, § 2376. Compensation of manager, § 2072. Collision from breach of rules, liability, § 971. Collision, loss apportioned how, § 973. Collisions, rules for avoiding, § 970. Congress, laws of govern officers and seamen, § 2066. Co-owners, disagreement between, court to determine, § 964. Delivery not necessary to validity of sale of ship, § 3440. Deviation from voyage, § 2117. Deviation from voyage, insurance, §§ 2692-2697. Domestic navigation defined, § 962. Domestic ship is what, § 963. Enrollment regulated by federal laws, § 966. Equipments of, § 961. Foreign navigation defined, § 962. Foreign ship is what, § 963. Freightage, insurable interest in, §§ 2661-2663. General average, §§ 2148-2155. General average, insurance, § 2744. General average, contribution on property saved, § 2079. Hiring ship, § 1959. Hypothecate, power of master to, §§ 2375, 2377. Impressing private stores, § 2039. Insurance, manager, power as to, § 2389 . SHIPPING. 1005 Insurance: See Insurance. Interest on bottomry contract, § 3022. Jettison, §§ 2148-2155. Jurisdiction where several owners disagree, § 964. License governed by federal statutes, § 966. Liens against, priority of, § 3028. Lien of master, § 3055. Liens against, debts, when are, § 3060. Manager defined, § 2070. Manager's compensation, § 2072. Manager's duties, § 2071. Manager's general powers, §§ 2388, 2389, Manager has not what powers, § 2389. Manager is general agent of owners, § 2070. Manager, limitation on powers of, § 2389. Manager, powers as to insurance, § 2389. Manager presumed to have no compensation, § 2072. Manager, who is, § 2070. Managing owner of ship defined, § 2070. Master's abandonment of ship, §§ 2040, 2041. Master a general agent for owner, §§ 2373, 2375. Master, appointment of, § 2034. Master's authority as agent, law governing, § 2044. Master's authority in general, §§ 2375, 2377, 2379, 3038. Master's authority terminated by abandonment, § 2381. Master's authority to borrow money, § 2374. Master's authority to contract, in general, § 2376. Master, authority to make repairs, § 2376 . Master, authority to ransom ship, § 2380. Master, care required of, § 2043. Master, duty of as to reshipment, § 2707. Master, duty of where voyage broken up, § 2707. Master holds during owner's pleasure, § 2034. Master's liability for acts of persons employed on ship, § 2383. Master's lien, § 3055. Master may be charterer, § 1959. • Master may impress private stores, when, § 2039. Master may hypothecate freight money when, § 3021. Master may hypothecate ship, when, §§ 3019, 3020. Master may impress private stores, § 2039. Master may procure supplies, § 2376. 1006 SHIPPING. Master not to trade on own account, § 2042. Master's personal liability on contracts, § 2382. Master's power over passengers, § 2038. Master's power to sell ship, § 2378. Master, respondentia by, § 3038. Master to be on board when, § 2035. Mate defined, § 2048. Mate cannot ship goods, § 2064. Mate engaged and discharged how, § 2050. Mate, lien of for wages, § 3056. Mate, maintenance of during sickness, § 2061. Mate not bound to go in unseaworthy vessel, § 2051. Mate, office of, on disability of master, § 2048. Mate, wages begin when, § 2055. Mate, wages where mate dies, § 2062. Mate, wrongfully discharged or driven from ship, rights of, § 2057. Meeting of sailing vessels, rules for passing, § 970. Meeting of ships, breach of rules for, implies willful default, § 972. Meeting of ships, rules for passing, § 970. Meeting of steamers, rules for passing, § 970. Mortgage of, code sections not applicable to, § 2971. Mortgage of ship, necessity of recording, § 2958. Mortgage of vessels, § 2955. Navigation, foreign and domestic defined, § 962. Negligence, master's liability for, § 2043. Negligence of employees, master's liability for, § 2383. Neutral papers, insurance, § 2688. Officers, laws of congress govern, § 2066. Owner, respondentia by, § 3037. Owner for voyage, and his liability, § 965. Partners, whether ship owners are, § 2396. Part owners, jurisdiction of controversy between, § 964. Part owner may be a charterer, § 1959. Part owners, whether partners, § 2396. Passengers, master may engage, § 2376. Passengers, master's power over, § 2038. Passengers: See Carrier. Perils of sea are what, § 2199. Perils of sea, liability for loss by, § 2197. Pilotage, § 2036. SHIPPING— SKILL. lOOt Pilot, navigation of ship devolves upon, § 2036. Pilot's negligence, liability of master for, § 2384. Pilot, when master must take, § 2036. Ransom of. ship, master's power, § 2380. Repairs, master may procure, § 2376. Recording transfer of vessels, § 1173. Registry governed by federal statutes, § 966. Rules for passing, § 970. Rules for passing, breach of implies willful default, § 972. Rules for passing, breach of, liability, § 971. Sale of ship, delivery not necessary, § 3440. Sale of ship, when master may order, § 2378. Salvage, in general, § 2079. Seamen: See Seamen. Seaworthiness defined, § 2682. Seaworthiness: See Insurance; Seaworthiness. Several owners, jurisdiction on disagreement, § 964. Ship defined, § 960. "Ships" or "shipping," what included in terms, § 960. Ships, foreign and domestic distinguished, § 963. Shipping defined, § 960. Shipwreck, deposit, § 1815. Stowage, § 2117. Telegraph cable, liability for dragging, § 537. Transfers, mode of, § 1176. Transfer of interest in, statute of frauds, § 1135. Unseaworthy ship, seamen not bound to go on, § 2061. Voyage and deviation, insurance, §§ 2692-2697. Wharfinger: See Warehousemen. SIERRA COUNTY, tolls in, § 514. SIGNATURE includes mark, § 14. Of oflBcer taking acknowledgment, § 1193. In indorsement, §§ 3109, 3110. Mark, by, two witnesses necessary, § 14 SIGNS, there may be ownership in, § 655. SINGULAR includes plural, § 14. SINKING FUND to pay railroad bonds, § 457. SKILL: See Care. Borrower must exercise what, § 1888. Carrier of persons must use, § 2100. 1008 SKILL— SPECIAL PARTNERSHIP. Defamation is effected by, § 44. Employee must use reasonable, § 1983. Employee must use all he possesses, § 1984. Injury arising from want of ordinary, § 1714. Right to protection from, § 43. Voluntary depositary must use, § 2078. SLANDER defined, § 46. Malice, when not inferred, § 48. Privileged communications defined and classified, § 47. SOCIAL ASSOCIATION and incorporation thereof, §§ 593- 604. See Religious, Social, and Benevolent Corporations. SOCIAL CORPORATIONS: See Religious, Social, and Be- nevolent Corporations. Articles of -incorporation what to set out, § 594. No cumulative voting unless by-laws provide, § 307. SOLDIER, nuncupative will, § 1289. SOLE CORPORATIONS, religious society may become, when, § 602. See Religious, Social and Benevolent Corporations. SPECIAL PARTNERSHIP, acknowledgment and record of certificate, § 2480. Afladavit as to sums contributed, § 2481. Aflldavit of publication of certificate, as evidence, § 2484. Become general, when, §§ 2483, 2495, 2507. Certificate of, § 2479. Certificate of, to state what, § 2479. Dissolution of, § 2509. Effect of false statement in certificate of, § 2480. Effect of not publishing certificate, § 2483. Effect of special partner withdrawing capital, § 2495. Formation of, § 2477. For what purposes may be formed, § 2477. Fraudulent conveyances by special, § 2496. General and special partners, § 2478. General partner may sue and be sued alone, § 2492. General, special to what extent is, § 2424. Insolvency, creditors preferred to special partner, § 2491. Interest and profits, § 2494. SPECIAL PARTNERSHIP— SPECIFIC PERFORMANCE. 1009 Judgment confessed by special partner void as to cred- itors, § 2496. Liability of one held out as special partner, § 2^44. Liability of the special partners, §§ 2500-2502. Liability of ostensible partner, § 2444. Lien by special partner, void as against creditors, § 2496. None without compliance with code, § 2482. Of what may consist, § 2478. Only the general partners may act, § 2489. Preference given by, void, § 2496. Preference to creditors over special partner, § 2491. Preferential transfer by special, void as to creditors, § 2496. Profits and interest of special partnership, § 2494. Publication of certificate of, § 2483. Renewal of, § 2485. Special partners, liability of, §§ 2501, 2502. Special partner, loan by to firm, § 2491. Special partner may investigate affairs and advise, § 2490. Special partner may not withdraw capital, § 2493. Special partner's name not used, unless with "limited," § 2510. Special partners, new, admitted how, § 2508. Special partner, power of, §§ 2490, 2491. To what extent a general partnership, § 2424. What transfers void, § 2496. Who cannot charge persons as general partners, § 2503, Who may question existence of, § 2503. Withdrawal of capital by special partner, §§ 2493, 2495. SPECIFIC PERFORMANCE, agreement to sell by one without title, § 3394. Devisee or legatee, against, § 1301. Contract signed by one party only, of, § 3388. Contracts that cannot be enforced specifically, §§ 3390- 3392. Distinction between real and personal property, § 3387. Enumeration of cases, where will be denied, §§ 3390- 3392. Forfeiture, § 3369. Liquidation of damages not a bar to, § 3389. Civ. Code— 43 1010 SPECIFIC PERFORMANCE— STATE LAND. Mutuality a prerequisite, § 3386. One must be able to give free title, § 3394. Part performance, specific performance in case of, § 1741. Pecuniary compensation, when adequate, § 3387. Penalty, § 3369. Presumption as to, when breach can be relieved by pecuniary compensation, § 3387. Realty, of oral agreement for transfer of on part per- formance, § 1741. Reformed contract, of, § 3402. Relief against parties claiming under person bound to perform, § 3395. Specific real property, how recovered, § 3375. When denied, §§ 3390-3392. When may be had, § 3384. SPECIFIC RELIEF, forfeiture, § 3369. Given in no other cases than specified in code, § 3274. How given, § 3367. Judgment for possession or title, § 3375. Penalty not enforceable by, § 3369. Preventive relief, § 3368. . Recovery of personal property, §§ 3379, 3380. Specific" real property, how recovered, § 3375. When may be granted in general, § 3366. SPEED of street cars, rate of, § 501. SPORT, right of conducting as easement, § 801. STAGE, obligation to carry baggage on, § 2180. See Carriers. STALLION. Lien of owner of stallion used for propogar tion, p. 738, Stats. STAMP, none required on accident insurance contract, § 448. . STATE, carrier may give preference to, § 2171. Islands belong to, when, § 1016. Preference by carrier to, § 2171. Property, may hold as private proprietor, § 669. .; Property of, what lands are, § 670. STATE LAND granted for use of railroads, §§ 474-478. Railroad may take wood and earth from, § 476. STATUTE— STATUTE OF FRAUDS. 1011 STATUTE, act done under authority of, not a nuisance, § 34S2. Code continuation of, § 5. Construction of code to be liberal, § 4. Contemporaneous construction is the best, § 3535. Injunction not granted to prevent enforcement, § 3423. Interpretation giving effect preferi-ed, § 3541. Interpretation must be reasonable, § 3542. Particular expressions qualify general, § 3534. Repeal of, by code, § 20. Retroactive, code is not, § 3. Revivor of, not worked by code repealing other stat- utes, § 20. Rights created by, there may be ownership in, § 655. Section, meaning of, § 14. STATUTE OF FRAUDS, agency, contract of, § 2309. Agent, agreement employing, § 1624. Assignment for creditors, §§ 3458, 3459. Auctioneer's memorandum, §§ 1624, 1798. Broker, agreement employing, § 1624. Contract not in writing through fraud enforceable, § 1623. Conveyance, § 1091. Debt, default or miscarriage of another, agreement to answer for, § 1624. Guaranty, §§ 1624, 2793, 2794. Guaranty by factor need not be written, § 2794. In general, § 1624. Lease, § 1624. Manufacture, contract to, § 1740. Marriage, § 1624. Marriage, agreement upon consideration of, § 1624. Mortgage, creation of, § 2922. Mortgage, renewal or extension, § 2922. • • Oral, contract may be enforced unless writing r©» quired, § 1622. Oral, enforcing against fraudulent party, § 1623. Oral, transfer may be enforced when, § 1052. Oral, what contracts may be enforced, § 1622. Part performance of oral contract, § 1741. Real estate broker, § 1624. Realty, agreement relating to, § 1624. 1012 STATUTE OF FRAUDS— STREET RAILWAY, ETC. Realty, contract for sale, § 1741. ; Realty, grant of, § 1091. Sales, §§ 1624, 1739. Ship, transfer of interest in, § 1135. Specific performance, § 3338. Suretyshp, § 1624. Trust, transfer of, § 1135. Wine sale, § 3440. Writing supersedes oral stipulations, etc., § 1625. Year, contract not to be performed within, § 1624. STEPFATHER, rights and liabilities respecting stepchil- dren, § 209. STOCK AND STOCKHOLDER: See Corporation. STOPPAGE IN TRANSIT, in general, §§ 3076-3080. STORAGE: See Deposit; Warehouseman. Defined, § 1851. Degree of care required, § 1852. Carrier may place freight on, § 2121. Compensation for fraction of week or month, § 1853. How terminated, §§ 1854, 1855. Sale of unclaimed baggage for, § 1862. Finder may put thing on, § 1868. STRANGER, attornment to, § 1948. Grant may inure to benefit of, § 1085. See Third Person. STRATAGEM, desertion induced by, § 97. STREAM: See Waters, STREET. Boundary, street as, § 831. Consent of municipalities to use of by railroad, § 470. Owner presumed to own to center, § 831. STREET RAILWAY: See Street Railway Corporations. Owned by natural person, law governing, § 511. STREET RAILWAY CORPORATION: See Carriers; Railroad Corporation. Cars to be modern, etc., § 501. City reserves right to improve streets, etc., § 507. Code sections, in general, which apply to, § 510. Completion of road, act authorizing, p. 763. Crossings, obstructions in making, § 500. Crossing track of another railroad, § 500. STREET RAILWAY CORPORATION— SUBAGENT. 1013 Conditions required on granting right of way, § 498. Electricity, restrictions imposed in granting right to use, § 497. Electricity, steam road permitted to use, p. 172, Stats. EHevated, conditions, § 498. Fare in cities over 100,000, act limiting rate of, p. 771. Franchise, acts relating to sale of and governing con- ditions of sale, pp. 753-762. Franchise, limitation of time within which may be granted, p. 773, Stats. Franchise, statute validating ordinance granting, p. 762. Franchise proceedings prior to the granting or sale of, § 497a. License tax on, § 508. Mail carriers to ride free on, p. 773, Stats. Municipal regulations respecting, in general, § 503. Owned by natural person, § 511. Passengers: See Passenger Carriers. Penalty for overcharging, § 504. Rates of fare, § 501. Rates of fare, penalty for ignoring, § 501. Rates of fare, penalty for overcharging, §§ 504, 506. Right of way, restrictions on, § 498. Tickets, penalty for not furnishing, § 505. Tickets, penalty for not furnishing, action to recover, evidence, § 506. Tickets to be furnished, § 505. Time allowed for completion of line, § 502. Time for commencement and completion of line, ex- tension of, § 502. Track, authority to lay obtained how, § 497. Track, for grading purposes, § 509. Track for grading purposes, right to use steam, § 509. Track, imposing restrictions in grant to lay, § 497. Tracks to be laid how, § 498. Track, two lines, right of to use same, § 499. SUBAGENT, factor, of, § 2368. Liability of, § 2022. Represents principal, § 2351. Unauthorized appointment of, effect of, § 2350. When may be appointed, § 2349. 1014 SUBPCENA— SUCCESSION. SUBPCENA, officer taking acknowledgment may Issue, § 1201. SUBROGATION, creditor, by, to securities held by surety, § 2854. Insurer, of, in marine insurance, § 2745. Lienor, inferior, riglit to, § 2904. Redemptioner, of, §§ 2903, 2904. Surety, of, §§ 2848, 2849. SUBSCRIPTION includes mark, § 14. Mark, by, two witnesses necessary, § 14. SUBSEQUENTLY ACQUIRED TITLE passes by operation of law, § 1106. Passes by will, § 1312. SUBSTITUTE, liability of employee for, § 1989. SUCCESSION, advancements constitute part of distribu- tive share, § 1395. Advancement, death of heir before decedent, § 1399. Advancement, effect of, § 1309. Advancements, value of determined how, § 1398. Advancements, what are, § 1397. Advancement, when too much or too little, § 1396. After-born child not provided for in will, § 1306. Aliens may inherit how and when, § 1404. Alien, non-resident, failure to claim, proceedings in case of, §§ 1405, 1406. Alien, non-resident, interest escheats when, § 1406. Alien, non-resident, property escheats subject to charges, § 1407. Alien, non-resident, taking by, when to assert claim, §§ 672, 1404. A mode of acquiring property, § 1000. Annulled marriage, children of, § 84. Bastards, by, § 1387. Bastard, to, § 1388. Bona fide purchaser from one claiming by, effect of will, § 1364. Child after born, to be paid out of what part of es- tate, § 1308. Child born after execution of will, § 1306. Child bom after death of testator, §§ 698, 1298, 1306, 1339, 1403. SUCCESSION— SUNDAY. 1015 Child en ventre sa mere, § 1339. Children unprovided for in will, § 1307. Community pi-operty on death of husband, § 1402. Community property on death of wife, § 1401. Consanguinity computed how, §§ 1389-1394. Conssanguinity, direct and collateral, §§ 1390-1393. Consanguinity, half blood, § 1394. Conveyance by heir good unless will proved within four years, § 1364. Defined, § 1383. Degrees of kindred, computation of, §§ 1389-1393. Escheated property subject to charges, §§ 1406, 1407. Escheats, § 1386. Escheat, when occurs, § 1406. Future interests pass by, § 699. General rules of, § 1386. Half blood, kindred of, § 1394. Husband and wife from each other, §§ 1400, 1402. Illegitimate, by, §*1387. Illegitimate, to, § 1388. Intestate, to estate of, § 1384. Intestate's estate, rules of descent of, § 1386. Legitimated children, by, § 1387. Liability of successor for decedent's obligations, § 1408. Liability of successors on covenants of decedent, § 1115. Life insurance may pass by, § 2764. Not claimed, sale of property and disposition of pro- ceeds, §§ 1405, 1406. Personal and real property pass by, § 1384. Posthumous child, §§ 698, 1306, 1339, 1403. Pretermitted child, by, § 1307. Representation, by, when takes place, § 1403. Rules of, in general, § 1386. Successor liable for decedent's obligations, § 1408. Will, children unprovided for by, to succeed, §§ 1306, 1307. Words of, not necessary to pass fee, § 1072. SUGGESTIONS, false, when fraudulent, §§ 1572, 1710. SUNDAY, a holiday, § 7. Holiday falling on, § 8. 1016 SUPERFLUITY— SURETYSHIP. SUPERFLUITY, does not vitiate, § 3537. SUPERHUMAN CAUSE, carrier not responsible for, § 2194. Excuses performance, § 1511. No one responsible for, § 3526. SUPERIOR JUDGE, may consent to apprenticeship when, § 265. May take acknowledgment, § 1180. SUPERVISORS, action for parental abuse, § 203. Apprenticeship, consent to, § 265. Apprentices, may bind out, § 268. Apprenticeship, presiding officer, power to bind to, § 269. Elevated or underground railways, may grant franchise for, § 492. Franchise, act limiting time within which may be granted, p. 773. Franchise, acts relating to sale ©f and governing con- ditions of sale, pp. 753-762. Franchise, act validating ordinance granting, p. 763. Franchise for underground or elevated road, condi- tions and terms of, § 492. Franchise for elevated or underground road, majority of frontage to sign petition, § 492. Provision for support of orphan out of property of intestate parent, § 205. Rates for water sold for irrigation, may fix, p. 786, Stats. SUPPORT TO LAND, right of more than natural, as ease- ment, § 801. Right to lateral and subjacent, § 832. SUPREME JUDGE, may take acknowledgment, § 1180. SURETYSHIP: See Guaranty; Indemnity. Apparent principal may show himself surety, § 2832. Contribution from co-surety, § 2848. Contribution, release as affecting, § 1543. Creditor entitled to securities held by surety, § 2854. Defined, § 2831. Exoneration of surety, what acts effect, §§ 2839, 2840^- 2845. Guarantor, surety has rights of, § 2844. SURETYSHIP— TAX. 1017 Interpretation, general rules of, § 2837. Interpretation, strict, § 2836. Judgment against surety does not alter relation, § 2838. Letters of credit, §§ 2860-2865. liability of surety, limit of, § 2836. Not liable beyond express terms of contract, § 2836. Penalty, liability where contract imposes, § 2836. Principal bound to reimburse, § 2847. Principal's property to be taken first, § 2850. Release of surety, in general, § 2840. Release of surety by performance or offer of, § 2839. Reimbursement of surety, § 2847. Securities held by creditor or co-surety, surety en- titled to, § 2849. Statute of frauds, § 1624. Subrogation of creditor, § 2854. Subrogation of surety, §§ 2848, 2849. Surety defined, § 2831. Surety entitled to securities held by creditor, § 2849. Surety's liability, limit of, § 2836. Surety may compel principal to perform, § 2846. Surety may require creditor to proceed against prin- cipal, § 2845. Surety, person indemnifying is a, when, § 2779. See Guaranty; Indemnity. SURPRISE, contract made by, not specifically enforced, § 3391. SURVEY of wagon road to be filed, etc., § 513. SURVEYOR-GENERAL, selection of right of way by cor- porations sent to, § 478. SURVIVORSHIP between co-trustees, § 2288. Chose in action, survival of, § 954. TAIL. Estates tail abolished, § 763. TAX, covenant for payment of taxes runs with land, § 1463. Incumbrance includes, § 1114. Land and building corporations, of, § 648^. License, on street railways, § 508. Life tenant's duty to pay, § 840. Statute imposing on issue of certificates of stock re- pealed, p. 774, Stats. 1018 TECHNICAL WORDS— TENANTS IN COMMON. TECHNICAL WORDS, how construed, §§ 13, 1327, 1645. Not necessary in will, § 1328. TELEGRAPH CORPORATION, articles of, to set forth what, § 291. Articles, prerequisites to filing, § 294. Care required in transmission of messages, § 2162. Common carrier, telegraph company is not, § 2168. Delivery, duty as to, § 2161. Delivery, within what distance to be made without compensation, § 2161. Franchise, sale or lease of, § 540. Franchise for telegraph between Asia and America, p. 774, Stats. Injury to, liability, § 537. Liability for delay in or refusal of message, § 2209. May dispose of what rights, § 540. Message, compensation for delivery of, § 2161. Messages, compensation for delivery over one mile, § 2161. Messages, damages for not accepting, § 3315. Messages, liability for delay or refusal, § 2209. Messages, obligations as to delivery of, § 2161. Messages, order of transmission, §§ 2207, 2208. Messages, telegraph, carriers of, liability of, §§ 2161, 2168. Penalty for malicious injury to, § 538. Poles, etc., right to erect, § 536. Right of way along waters, roads and highways, § 536. Subaqueous cable, damages for injury to, §§ 537, 539. Subaqueous, monument to show location, § 539. Subaqueous, notice of location, § 539. Subscription, amount of, as prerequisite to filing articles, §§ 293, 294. Ten per cent of amount subscribed to be paid in, § 294. Transfer or lease of property, § 540. Vessel injuring cable, § 537. TELEPHONE CORPORATION, care required in trans- mission of message, § 2162. Liability for delay or refusal, § 2209. TENANTS IN COMMON, interests created are tenancies in common, when, § 686. TENANTS IN COMMON— THIRD PERSON. 1019 Interest in common what, § 685. Notice, re-entry after termination of tenancy, § 790. Rights in occupancy and use of property, §§ 819, 820. Spouses as, § 161. Tenancy, how terminated, § 789. Will, devisees ,or legatees take as owners in common, when, § 1350. TENANT FOR YEARS, rights in occupancy and use of property, §§ 819, 820. TENDER and deposit extinguish obligation, § 1500. Interest stopped by, § 1504. Of performance of an obligation, §§ 1485-1505. TENSE of words in code, § 14. TESTIFY, defined, § 14. Includes what, § 14. THING IN ACTION: See Chose in Action. THIRD PERSON, act of, not to prejudice, § 3520. Agent must deliver to, when, § 2344. Agent's responsibility to, § 2343. Consideration, trust where paid by, § 853. Contracts for benefit of, § 1559. Delivery in escrow to, § 1057. Estates for life of, § 766. Grant may inure to benefit of, § 1085. Marine insurance, information of belief of, § 2670. May enforce contract, § 1559. Necessaries furnished child by, §§ 208, 209. Necessaries furnished wife by, § 174. Partner's liability to, § 2442. Pledge may be for security of obligation of, § 2992. Ratification of agent's act not to prejudice, § 2313. Reformation of contract not to prejudice, § 3399. Remainder on estates for life of, §§ 775, 776. Specific performance of contract to procure act of, § 3390. Trustee, voluntary, when is, § 2243. Trust property, when must see to application of, § 2244. Trusts for benefit of, § 2250. Who liable as partner to, § 2444. Who must suffer by act of, § 3543. 1020 THREAT— TIME, THREAT, contract obtained through, voidable, §§ 1567, 1689. Desertion caused by, divorce, § 98. Menace, defined, § 1570. Partner, by, to obtain advantage, § 2411. Trustee, by, to obtain advantage, ,§ 2228. Will procured by, void, § 1272. THRESHING MACHINE, liens of laborers on, p. 743, Stats. TICKET: See Passengers. TIDE LANDS, state is owner of, § 670. TIDE-WATER, owner of land bounded by, § 830. TIMBER, injuries to, damages for, § 3346. TIME, abandonment in marine insurance, time of making, § 2719. Adoption of by-laws, § 301. Alien, claim to take by succession, § 672. Alien must appear and claim property within five years, § 672. Appraisers of homestead, time to file report, § 1252. Appropriation of water, time to commence works, §§ 1416, 1420. Articles of incorporation, time to file, § 299. Bonds of assignee for creditors, time to file, § 3467. Creation of interest, § 749. ■ Code takes effect when, § 2. Computation of, § 10. Divorce, commencing actions for, § 127. Does not confirm void act, § 3539. Entire, of servant belongs to master, § 2013. Essence, not of unless expressly declared, § 1492. Grant, of delivery, presumption, § 1055. Inventory on assignment for creditors, time to file, § 3461. Lapse of defeats divorce, § 111. Marriage, of commencing action for nullity of, § 83. Minority, computing period of, § 26. Nuncupative will, to be reduced to writing in thirty days, § 1290. Obligation, time of performance, §§ 1490, 1491. Of enjoyment of property, classification of interests as to, § 688. TIME— TITLE. 1021 Of enjoyment of property, fixing, § 707. Notice of dishonor, §§ 3147, 3148. Notice of dishonor by indorser, § 3150. Notice to creditors on assignment by insolvent, §§ 3449, 3468. Performance of contract, § 1657. Presumptions arising from lapse of, how rebutted, § 126. Probate of nuncupative will, § 1291. Publication of sale for delinquent assessment, § 339. Railroad may regulate time of trains, § 465. Redemption from sale of franchise under execution, § 392. Representation ir insurance refers to what, § 2577. Right to rescind policy, time to exercise, § 2583. Street railway, time to commence and complete road, § 502. Unreasonable lapse of defined, § 125. Will, words in, relate to what, § 1336. TITLE, accession, by, § 1013. Acquired subsequently to conveyance passes by oper- ation of law, § 1106. Buyer acquires better than seller had, § 1142. Damages for breach of warranty of title of personalty, § 3312. Devise, by, § 1311. Executory agreement of sale, § 1141. Fee simple, when presumed to pass, § 1105. Freight, to, by transfer of bill of lading, §§ 2127, 2128. Highway, to, passes by transfer, § 1112. Instruments evidencing, declared by judgment, how proved for record, §§ 1159, 1204. Inventory of wife's property as notice of, § 166. Judgment for possession or, § 3375. Lien does not transfer, § 2888. Loaned property, of, §§ 1885, 1904. Modes by which property acquired, § 1000. ■ Occupancy, by, § 1006. Personal property, to, what passes by transfer, § 1140. Redelivery or cancellation of grant does not revest, § 1058. Specific devise or legacy, by, § 13C*3. 1022 TITLE— TORT. Subsequently acquired inures to mortgagee, § 2930. Subsequently acquired, passes by operation of law, § 1106. Subsequently acquired, passes by will, § 1312. Thing in performance, title to when passes to cred- itor, § 1502. Transfer, what passes by, §§ 1083, 1105. Trust property, title of grantor of, § 865. Warranty of, to personal property, § 1765. Warranty of, to personal property, by agent, § 2323. What title passes by transfer, §§ 1083, 1105. TrT.LE DEED, § 994. Ownership of, § 994. TITLE INSURANCE COMPANY, dividends, amounts to be reserved before making, § 432. Dividends declared of what, § 432. May invest funds in plant, § 427. Surplus fund and impairment and restoration of, § 432. TOLL and toll-gates, §§513-519. Butte County, tolls in, § 514. Del Norte County, tolls in, § 514. Franchise, levy on and sale under execution, § 388. Gatherer not to detain person unnecessarily, § 518. Humboldt County, tolls in, § 514. Klamath County, tolls in, § 514. Natural person may own toll road, § 523. Natural person owning toll road, rights and liabili- ties, § 523. Not to be charged on public highway, § 515. Penalty for avoiding, § 519. Penalty for taking unlawful or excessive, §§ 514,518. Plumas County, tolls in, § 514. Rates to be posted over gate, § 516. Right of taking as servitude, § 802. Sierra County, tolls in, § 514. Toll gatherer may detain person until paid, § 517. Wagon road corporations, by, § 514. TORT, agent's, principal's liability for, §§ 2338, 2339. Carrier cannot exonerate from liability for, § 2175. Damages for, measure of, general rule, § 3333. TORT— TRANSFER. 1023 Damages for wrongs, §§ 3333-3341. Damages recoverable for tortious acts, § 3281. Deceit, §§ 1709-1711.- Duty to abstain from injury to person or property, § 1708. Indemnity against, §§ 2773, 2774. Infant's and lunatic's, § 41. In general, § 1708. Restoration of things wrongfully acquired, § 1712. Willful acts, negligence, etc., liability for, § 1714. See Wrongs. TOWN LOT not embraced in state lands granted to rail- roads, § 475. TRADE, contracts in restraint of, §§ 1673-1675. TRADEMARK, ownership, subject of, § 655. Property is, § 655. Sale of property to which attached, warranty, §§ 1772, 1773. Statute for protection of owners of bottles, boxes, si- phons, etc., p. 775. What may be appropriated, § 991. TRANSFER: See Assignment; Conveyance; Sale. Bill of lading, of, § 2128. Bill of sale, § 1053. Bona fide purchaser, title of, § 1142. Called what, § 1053. Complete when, § 1140. Covenants, of, §§ 1460-1467. Defined, §§ 1040, 1053. Delivery, conditional, cannot be to grantee, § 1056. Delivery, date of, presumption as to, § 1055. Delivery necessary, § 1054. Delivery to grantee must be absolute, § 1056. Denominated what, § 1053. Effect of, §§ 10S3-1085. Executory agreement for, title passes when, § 1141. Fraudulent, respecting realty, §§ 1227-1231. Fraudulent: See Fraudulent Conveyance. Future interests pass by, § 699. Gift: See Gift. Good-will, of, § 993. 1024 TRANSFER— TRE AS URE-TROVB. Grant defined, § 1053. Grant includes whatever is essential to use, § 3522. Incidents follow thing transferred, § 1084. ■ Insured thing, of, effect of, §§ 2553-2557. Life insurance policy, of, §§ 2764, 2765. Mortgage, when transfer deemed a, § 2924. Non-negotiable instrument, of, § 1459. Obligations, burden, transfer of, § 1457. Obligation, of rights arising out of, § 1458. Oral, when may be, § 1052. Possibility, of, § 1045. Property may be acquired by, § 1000. Property susceptible of, § 1044. Realty of: See Conveyance. Recording: See Recording. Re-entry, right of, may be transferred, § 1046. Rents, remainders and reversions, of, § 1111. Ship, of interest in, statute of frauds, § 1135. Statute of frauds, §§ 1135, 1624. Stranger, grant may inure to, § 1085. Title passes when, § 1140. Title passes when, in executory contract for sale, § 1141. Title, what passes, § 1083. Title, when buyer acquires better than seller had, | 1142. Unlawful, §§ 1227-1231. Voluntary, defined, § 1040. Voluntary, consideration not necessary, § 1040. Warranty of written instrument sold, § 1774. What called, § 1053. What may be transferred, § 1044'. When complete, § 1140. Will, effect on, § 1302. See Assignment; Conveyance; Sale. TRANSIT, mortgaged property in, where located, § 2960. Stoppage in, §§ 3076-3080. TRANSPORTATION, commissioners of, act relating to, p. 766. TREASURE-TROVE: See Finder. TREE— TRUST. 1025 TREE, injuries to, damages for, § 3346. Standing on line, § 834. Wholly on land of one, § 833. TRESPASS, accession to property by willful trespasser, § 1031. ' Personal property acquired by, § 1031. On personal property, liability, § 1033. Timber, cutting or injuring, damages, § 3346. "Wagon road corporation, on, penalty for, § 520. TRIFLE, law disregards, § 3533. TROVER, conversion, damages for, §§ 3336, 3337, 3338. TRUST, absolute grant, when deemed to be, § 869. Adverse interest, trustee not to have, except, § 2230. Adverse interest, trustee to disclose, § 2233. Adverse trust not to be assumed by trustee, § 2232. Agent, trustee's powers as, § 2267. Alienation, suspension by trust, § 771. Application of payment or property, when one must see to, § 2244. Author of, may devise and transfer property, § 864. Beneficiary defined, § 2218. Beneficiary may be restrained from disposing of prop- erty, § 867. Beneficiary may enforce performance of trust, § 863. Beneficiary may take advantage of at any time prior to rescission, § 2251. Beneficiary takes no estate or interest, § 863. Bona fide purchaser, grant when deemed absolute In favor of, § 869. Breach of trust, measure of liability for, §§ 2237, 2238. Care required in executing trust, § 2259. Cemetery may hold property in, §§ 612, 616. Charitable, restrictions on power of devise, § 1313. Code prescribes those only which may exist, § 847. Compensation of trustee, § 2274. Confidential relations, trust from, § 2219. • Consent, mutual, creates, § 2251. Convey realty, to, § 857. Cotrustees, how far liable for each other, § 2239. Cotrustees must all act, § 2268. Cotrustees, survivorship between, § 2288. 1026 TRUST, Court is trustor, when, § 2252. Created only by writing or operation of law, § 852. Creation by mutual consent, § 2251. Creditors, surplus liable to when, § 859. Damages for breach of, §§ 2237, 2238. Damages for willful holding over by trustee, § 3335. Declaration of, expresses its nature, etc., § 2253. Declaration of, in writing merges prior declarations, § 2254. Declaration of, trustee must obey, § 2258. Declarations of trustor before acceptance as part of, § 2254. Devisee of trust property, title of, § 865. Directions of trustor except as modified to be fol- lowed, § 2258. Express, for what purposes created, § 857. Express, interest remaining in grantor of, § 866. Express, to receive rents and profits, and accumulate, § 857. Express, to sell, lease, or mortgage realty, § 857. Express, trustees to have whole estate, § 863. Express, when deemed absolute grant in favor of purchasers from trustees, § 869. Express, terminated when, § 871. Extinguished how, §§ 871, 2279. Fraud, trustee guilty of, when, § 2234. Grantor of, interest remaining in, § 866. Grantor of trust property, title of, § 865. Implied, not to prejudice purchaser or incumbrancer, § 856. Indemnification of trustee, § 2273. Injunction in cases respecting, § 3422. Insanity discharges trustee, § 2282. Insurance by trustee, form of policy, § 2589. Interest, compound, on omission to invest funds, § 2262. Interest on omission to invest funds, § 2262. Interest, trustee's liability to beneficiary for, § 2237. Investment of trust funds, § 2261. Involuntary arising from negligence, fraud, mistake, etc., § 2224. Involuntary, by wrongful detention, § 2223. TRUST. 1027 Involuntary defined, § 2217. Involuntary trustee, purchaser with notice is, § 2243. Involuntary trustee, rights of, § 2275. Involuntary trustee, when third person is, § 2243. Kinds of, § 2215. Lease, to, § 857. Livestock, combinations to obstruct sale of, prevented, p. 665, Stats. Mingling trust property, liability, § 2236. Mortgage, to, § 857. Officer is trustor when, § 2252. Parties to, § 2218. Powers vested in several, execution of, § 860. Presumption against trustee on dealing with bene- ficiary, § 2235. Property, author may devise or transfer, § 864. Purchase by trustee of claims against trust fund, § 2263. Purpose for which may be created, § 2220. Recording transfer in, § 1164. Rents and profits, to receive, § 857. Revocation, right of, § 2280. Resulting from negligence, fraud, etc., § 2224. Resulting, not to prejudice purchaser or incumbrancer, § 856. Resulting, presumed when, § 853. Stockholder's liability, trust funds whether can be held for, § 322. Successor, duty of trustee as to appointment of, § 2260. Superior court as trustee, § 2289. Surplus liable to creditors, § 859. Survivorship between cotrustees, § 2288. Suspension of power to alienate the subject of, § 77L Termination of estate of trustee, § 871. Third persons, when involuntary trustees, § 2243. Third person, when must see to application of trust property, § 2244. Title of grantee or devisee of trust property, § 865. Title remaining in grantor, § 866. Trjtnsactions forbidden to trustee, § 2230. Transfer of interest in to be in writing, § 1135. Trustee, act authorizing executor to act as, p. 702. 1028 TRUST. Trustees, all must act, § 2268. Trustee appointed by court or public officer, § 2252. Trustee, authority of, §§ 867, 2267. Trustee, care required of, § 2259. Trustee's compensation, § 2274. Trustee, compensation, direction as to in declaration, § 2274. Trustee, defined, § 2218. Trustee's estate ceases when, § 871. Trustee's estate, termination of, § 871. Trustee discharged how, § 2282. Trustee's discretionary powers, control over, g 2269. Trustee, indemnification of for expenses, § 2273. ''Trustee, involuntary, rights of, § 2275. Trustee, involuntary, who is, § 2223. Trustee's liability for breach of trust, measure of, > '' §§ 2237, 2238. Trustee must obey declaration of, § 2258. Trustee not to assume trust adverse to beneficiary, § 2232. Trustee not to influence to his advantage, § 2231. Trustee not to use property for own profit, § 2229. Trustee's obligation to good faith, § 2228. Trustee's office vacated by death or discharge, § 2281. Trustee's powers as agent, § 2267. Trustee, presumption against on dealing with bene- ■'- ficiary, § 2235. Trustee's purchase of claims against trust funds, | • 2263. Trustee, removal of by court, § 2283. Trustee, resignation of, § 2283. Trustee, sale by in contravention of, void, § 870. '•'Trustee, superior court as, § 2289. Trustee, superior court when to appoint and direct execution of trust, § 2289. ' ''Trustee takes whole estate, § 863. Trustee to disclose adverse interest, § 2233. Trustee to have no adverse interest, except, § 2230. Trustees, to whom code applies, § 2250. Trustee, transactions forbidden, § 2230. Trustee, what constitutes one a, § 2219. ■ Trustor, court is, when appoints trustee, § . 2252. TRUST— UNLAWFUL. 1029 Trustor defined, § 2218. Vacancy in trusteeship may be by death or discharge, § 2281. Vacant trusteeship filled by court, when, §§ 2287, 2289. Voluntary, defined, § 2216. Voluntary, how created as to trustor, § 2221. Voluntary, how created as to trustee, § 2222. What can only exfst, § 847. When deemed absolute grant in favor of bona fide purchasers, § 869. Wrongful act, trust arising from, § 2224. TRUST COMPANIES, dissolution and winding up of, p. 676, ' Stats. TRUSTEES: See Trust. TRUST DEED, power to sell in, passes to assignee, § 858. Power to sell on, assignee may exercise, § 858. TURNPIKE CORPORATION: See Wagon Road Corpora- tion. TYPEWRITING, writing includes, § 14. UNCLAIMED DEPOSITS, statement of to be published by banks, pp. 674, 675, Stats. UNDERGROUND RAILWAY, franchise for, majority of frontage to sign petition, § 492. Franchise for, terms and conditions, § 492. Franchise may be granted for by supervisors, § 492. UNDERTAKING: See Guaranty; Indemnity; Suretyship. UNDUE INFLUENCE, consent obtained by, § 1567. Contract obtained through, §§ 1567, 1689. Defined, § 1575. Presumption of, against trustee, § 2235. Rescission for, § 1689. Thing gained by, held in trust, § 2224. Trust arising from, § 2224. Wills procured or revoked through, § 1272. UNINCORPORATED ASSOCIATIONS: See Associations; Benefit Societies; Protective Associations. UNITED STATES, carrier may give preference to, § 2171. UNIVERSITY: See College. UNLAWFUL alternative in contract, effect of, § 1451. Condition in instrument renders void, § 709. -^ 1030 UNLAWFUL— WAGON ROAD CORPORATION, Condition in obligation void, § 1441. Contracts: See Contracts. Transfers: See Transfers. UNLAWFUL TRANSFERS: See Fraudulent Conveyances. UNRECORDED INSTRUMENT valid between parties and those with notice, § 1217. USAGE, agent to conform to, § 2349. Employee to conform to, § 1982. Meaning of words fixed by, § 1644. USE AND OCCUPATION. Wrongful occupation Of realty, damages for, § 3334. USES AND TRUSTS: See Charitable Uses; Trusts. Uses, none exist except those specified in code, § 847. VALUE, how estimated, §§ 3353-3355. VENDEE'S LIEN, § 3050. VENDOR AND VENDEE: See Conveyance. VENDOR'S LIEN, §§ 3046-3049. Homestead liability for, § 1241. VESSEL: See Shipping. VESTED, future interest, when, § 694. Rights not affected by code, § 6. VIGILANT, preference given to the, § 3527. VOLUNTARY CONVEYANCE, consideration not neces- sary, § 1040. Defined, § 1040. Validity of, §§ 1040, 3442. See Fraudulent Conveyance. WAGERING insurance, § 2558. WAGES: See Master and Servant; Shipping. For services without employment, § 2078. Minor, of, §, 212. Personal representative of mate or seamen entitled to, § 2062. Wife's earnings, §§ 168, 169. WAGON ROAD CORPORATION, articles of, to set forth what, § 291. Bridges and ferries, § 514. Crossings, § 513. WAGON ROAP CORPORATION— WAIVER. 1031 iilxpense of opening and changing highways, § 513. Franchise, forfeiture ot, §§ 514, 516. Map and survey, approval of and rights under, § 513. Map of route to be filed, § 513. Mortgage of property, § 522. Mortgage, validity of, § 522. Natural person may own road, § 523. Natural person owning, rights and liabilities, § 523. Opening highway taken, § 513. Penalty for charging unauthorized tolls, § 514. Penalty for trespass on property of, § 520. Posting date of franchise, rates of toll, etc., § 516. Revenue, to be how appropriated, § 521. Road, how must be laid out, § 512. Road not to exceed one hundred feet in width, § 513. Subscription, amount of as prerequisite to filing articles, § 293. Survey and map to be filed and approved by super- visors, § 513. Ten per cent of amount subscribed to be paid, § 294. Toll gates, § 513. Toll gatherer may detain persons until payment, § 517. Toll gatherer detaining unreasonably, liability, § 518. Tolls, evading and its effect, § 519. Tolls in Butte County, § 514. Tolls in Del Norte County, § 514. Tolls in Humboldt County, § 514. Tolls in Klamath County, § 514. Tolls in Plumas County, § 514. Tolls in Sierra county, § 514. Tolls, limit upon amount of, § 514. Tolls may be charged, § 514. Tolls, rates of to be posted, § 516. Tolls to be reduced, when, § 521. Trespass on property of, penalty for, § 520. WAIVER. Code provisions, right to waive, § 3268. Communications by insured, waiver of, § 2567. Communication in insurance, of, § 2567. Demand by pledgor or debtor, of, § 3004. Demand of performance, waiver of by refusal to pep» form, § 3004. Law may be waived, when and when not, § 3513. 1032 -WAIVER— WASTE. Lunatic cannot lose rights by, § 40. Notice of loss, waiver of defects in, § 2635. Notice of loss, waiver of delay in, § 2636. Notice of sale of pledged property, of, § 3003. Objections to offer of performance, of, § 1501. Of right of option, § 1756. Option as to delivery of goods, of, § 1756. Presentment and notice, of, § 3159. Protest, of, § 3160. Provisions' of code by stipulation, § 3268. Sale for delinquent assessment, waiver of, § 349. Vendor's lien, transfer of contract waives, § 3047. WAR dissolves partnership, § 2450. WAREHOUSEMEN: See Storage. Carrier's liability as, § 2120. Carrier's liability ceases on delivery to, § 2121. Fire, liability for loss by, p. 780, § 9, Stats. Receipts, act in relation to, p. 778. WARRANTY, agent's authority as to, § 2323. Agent's authority, of, § 2342. Collateral: See Collateral Warranties. Collection, warranty of, § 2800. Covenants of, run with land, § 1463. Damages for breach of covenant of, § 3304. Damages for breach of warranty of fitness, § 3314. Damages for breach of warranty of quality, § 3313. Damages for breach of warranty of title to personalty, § 3312. Good-will, warranty on sale of, § 1776. Indorser, by, § 3116. In policy, violation of, effect of, §§ 2610, 2611. Judicial sale, on, § 1777. Lineal and collateral abolished, § 1115. Lineal: See Lineal Warranties. . Money, of, on exchange, § 1807. Policy of insurance, form of, § 2604. Sale of good-will, warranty on, § 1776. ■' Seaworthiness, § 2681. That ship will carry neutral papers, § 2688. See Sales. WASTE, grantee's right to recover for, § 821. Mortgaged property, on, § 2929. WATER. 1033 WATER: See Water and Canal Corporation. Abandonment of appropriation, § 1411. Alluvion, defined, § 1014. Alluvion, ownership of, § 1014. Appropriation, completion of, § 1417. Appropriation, diligence in prosecuting work, §§ 1416, 1420. Appropriation, failure to comply with rules, § 1419. Appropriation, first in time, first in right, § 1414. Appropriation must be for useful purpose, § 1411. Appropriation, rights in stream may be acquired by, § 1410. Appropriation, time to commence works, §§ 1416, 1422. Appropriation, time to commence works when route or point of diversion on public land, § 1422. Appropriation, time to commence works where debris commissioners recommend dam, § 1416. Avulsion, § 1015. Boundaries, as, rights of owners, § 830. Change of place of diversion, right and manner of, § 1415. Changing use, § 1412. Completion of diversion, defined, § 1417. Diligence in appropriating, §§ 1416, 1420. Diversion, point of may be changed, §§ 1412^ 1415. Diversion, change of place of, manner of, § 1415. Easement of having flow without disturbance, § 801. Easement to receive and discharge on land, § 801. Easement to take, § 801. Forfeiture of claim to, §§ 1419, 1420. Hydraulic mining, §§ 1424, 1425. Islands, to whom belong, §§ 1016-1018. Lake, state owns land below water of, § 670. Notice of appropriation, recording, §§ 1415, 1421. Notice of appropriation, requisites of, § 1415. Notice, posting, § 1415. Present claimant, rights of, § 1420. Priority of right to, § 1414. Reclaiming, after having turned into other channel, § 1413. Recording notices, §§ 1415, 1421. Relation, doctrine of, applied, § 1418. Civ. Code— 44 1034 WATER— WATER AND CANAL CORPORATION. Relation of claim to date of notice, § 1418. Servitudes, §§ 801, 802. State is owner of land below navigable stream, § 670. Tide lands, state is owner of, § 670. Turning into another channel, reclaiming, § 1413. WATER AND CANAL CORPORATION, bridges, duty to maintain, § 551. City or town, contract to supply, authority required, § 548. City or town, contract to supply, limit upon term of, § 548. City or town, contract to supply, validity, § 548. City or town, contract to supply water, § 548. City or town, right to use streets, alleys, and ways in, § 550. Duties of, in furnishing cities, § 549. Flumes, duty as to, § 551. Highway, must not obstruct, § 551. Irrigation, corporation, duties of, § 552, Irrigation rights, § 552. Irrigation, right to continued use of water for, § 552. Irrigation, right to flow and use of water a perpetual easement, § 552. Irrigation, right to water for, sold by irrigating com- pany, § 552. May provide that stock is appurtenant to land, § 324. May provide water will be sold to stockholders only, § 324. Pipes, duties as to, § 551. Rates and charges to cities, § 549. Rates, city or town may regulate though contract made, § 548. Rates, commissioners, decision of majority determine, § 549. Rates, commissioners, how selected, § 549. Rates to be fixed by commissioners, § 549. Stock, appurtenant to land, how transferred, § 324. Supervisors may prescribe rules for, § 549. Transfer of stock of water or irrigation companies, § 324. Water in case of fire free of charge, § 549. See Waters. WATER COMPANY— WILLS, I. 1035 WATER COMPANY, transfer of stock, § 324. Rates of water sold for irrigation, may fix, p. 786, Stats. Sale, rental and distribution of water other tliau in cities, act relating to, p. 781. WAY: See Right of Way. Boundary by, § 831. Easement of, § 801. WHARF CORPORATIONS: See Bridge, Ferry, Wharf, Chute and Pier Corporations. WHARFINGER. Receipts, act relating to, p. 778. WHARVES. Statutes governing wharf corporations apply where owned by individual, § 531. WIDOW, legacy to, chargeable with debts of testator, § 1361. Interest on legacy to, when accrues, § 1369. Inheritance by: See Succession. WILL, ESTATES AT, are chattel interests, § 765. Not subject to execution, § 765. WILLS. I. Who may make; execution of; witnesses; effect of code. II. Validity of; omissions or mistakes. III. What may pass by; who may take under. IV. Conditions in. V. Foreign; laws governing. VI. Interpretation. VII. Devises and legacies; abatement; ademption; lapse. VIII. Codicils. IX. Advancements; annuities. X. Nuncupative. XI. Olographic. XII. Revocation. XIII. Alteration. XIV. Revival and republication. Succession: See Succession. I. Who may make; execution of; witnesses; effect of code. Acknowledging, § 1276. Attested, how, § 1276. 1036 WILLS, I, II, IIL Code, prior wills not affected by, § 1375. Competency, who lias, to make, § 1270. Executed, how, § 1276. Fee, word of inheritance not necessary to pass, § 1329. Heir's, etc., not necessary to pass fee, § 1329. Married woman may dispose of separate estate by, § 1273. Married woman's, how executed and proved, § 1273. Publication of, § 1276. Subscribing, manner of, § 1276. Subscribing testator's name by another, manner of, § 1278. Technical words not necessary, § 1328. Witnesses and their attestation, § 1276. Witnesses, competency of creditors as, § 1282. Witness, creditor as, effect of, § 1283. Witnesses, effect of not adding residence, § 1278. Witnesses, effect of their subsequent incompetency, § 1280. Witness, gift to, and his rights thereon, § 1283. Witness, gifts to, validity of, §§ 1282, 1283. Witnesses, manner of signing, § 1276. Witnesses, number of, § 1276. Witness to add residence, § 1278. Written, to be, § 1276. li. Validity of; omissions or mistakes. Conjoint, validity, § 1279. Fraud, will procured by, § 1272. Mistakes and omissions, declarations not admissible to correct, § 1340. Mistakes, correcting, § 1340. Mutual, validity, § 1279. Omissions, supplying, § 1340. Undue influence, will procured by, § 1272. III. What may pass by; who may take underi Charitable uses, restrictions on power of devise to, § 1313. Corporations for scientific, literary, or educational puf- poses, power to take under, § 1275. Corporations, power of to take under, § 1275. Life insurance may pass by, § 2764. WILLS, III, IV, V, VI. 1037 Property may be acquired by, § 1000. What may pass by, § 1274. Who may take under, § 1275. IV. Conditions in. Conditional devises and bequests, defined, § 1345. Conditional disposition vests when, § 1347. Will, validity of, § 1281. Precedent, §§ 1346-1348, Precedent, if impossible bequest vests, § 1347. Precedent, nothing vests until fulfilled, § 1347. Precedent, when deemed performed, § 1348. Subsequent, defined, § 1349. V. Foreign; laws governing. Foreign, validity of, § 1285. What law governs, §§ 1375, 1376. VI. Interpretation. Against intestacy, § 1326. Ambiguous or doubtful parts, how may be explained, § 1323. Class, devise or bequest to, § 1337. Clear bequest not affected by other provisions, § 1322. Clear bequest not affected by reasons, etc., § 1322. Conversion, equitable, § 1338. Declarations of testator as to intent not admissible, § 1340. Devested, vested disposition, when only can be, § 1342. Devise passes all estate testator had, §§ 1311, 1329. Devise or bequest of all property passes what, § 1331. Donation and limitation, words of, §§ 1334, 1335. Descendants, interpretation of, § 1334. Estate conveyed by, § 1311. Family, devise to what vests, § 1334. Future interests pass by, § 699. General devise or bequest, what passes by, § 1331. " Heirs," etc., not necessary to pass fee, § 1329. Heirs, relations, descendants, etc., § 1334. Harmonizing parts, § 1321. Income, bequest of, when accrues, § 1366. Intention, ascertained how, § 1318. Intention to be drawn from words of will, § 1318. Intention to be given effect, § 1317, 1038 WILLS. VI. Interpretation, intention to govern, § 1370. Interest, bequest of, when accrues, § 1366. Interpretation, intention, oral declarations not admis- sible, §§ 1318, 1340. Interpretation, intention, will to be construed accord- ing to, § 1317. Intestacy avoided, § 1326. Issue, interpretation of, § 1334. Irreconcilable parts, latter part controls, § 1321. Legacies, legatees take as tenants in common, when, § 1350. Legal representativcB, rights under disposition to, § 1334. Limitation, words of, §§ 1334, 1335. Mistakes and omissions, how corrected, § 1340. Nearest relations, disposition to, rights under, § 1334. Next of kin, disposition to, rights under, § 1344. Oral declarations excluded, §§ 1318, 1340. Partial intestacy not favored, § 1326. Passes after-acquired estate, § 1312. Passes what property, §§ 1329, 1331. Passes what realty, §§ 1311, 1312. Personal representatives, rights under disposition to, 1334. Power to devise, how executed by terms of will, § 1330. Relations, disposition to, rights under, § 1334. Relatives, interpretation of, § 1334. Residue, devise or bequest of, §§ 1332, 1333. Resort to other parts of will or to references, § 1323. Rules of, in general, § 1319. Several testamentary instruments to be construed together, § 1320. Shelley's case, rule in, § 1335. Technical words, how construed, § 1327. Tenants in common, beneficiaries, when take as, § 1350. Time of creation of interest created by, § V49. Vest, legacies and devises, when, § 1341. Vested, disposition is, when, § 1341. Vesting of legacies and devises, time of, § 1341. Words of donation and limitation, § 1335. Words refer to what time, § 1336. WILLS, VI, VII. 1039 Words taken in ordinary sense, § 1324. Words to be made operative, § 1325. VII. Devises and legacies; abatement; ademption; lapse. * Abatement, when takes place, § 1362. Ademption, when advancement is, § 1351. Death of devisee in lifetime of testator, rights of descendants, § 1310. Death of legatee or devisee before testator, §§ 1343, 1344. Deve.sted, disposition cannot be, except on precise con- tingency, § 1342. Devise carries all estate of devisor, §§ 1311, 1329. Devise, clear and distinct, not affected by otner pro- visions, § 1322. Devise, conditional, defined, § 1345. Devise, extent of estate conveyed by, § 1311. Devise lapses, when, §§ 1343, 1344. Devises, specific, possession how obtained, § 1363. Devise, specific, title passes by will, § 1363. Devises, when vest, § 1341. Devisees, liability for obligation of testator, § 1377. Devisee, remedies of, for rent, non-performance, waste, or forfeiture, § 821. Devisee, warranty of devisor, liability on, § 1115. Gift, satisfying before death, § 1367. Interest vests, when: See ante, VI, Interpretation. Inventory of property by legatee for life, § 1365. Legacies, abatement of, § 1362. Legacies, clear and distinct, not affected by other pro- visions, § 1322. Legacy, conditional, defined, § 1345. Legacy, demonstrative, defined, § 1357. Legacy, demonstrative, failure of fund, effect of, § 1357. ' Legacies, due when, § 1368. Legacy, general, is what, § 1357. Legacies, interest on, § 1369. Legacy lapses, when, §§ 1343, 1344. Legacies, order of resort to property for payment of, § 1360. Legacies, preference of to kindred, § 1361. ■Legacy, residuary, defined, § 1357. Legacy, residuary, embraces what, § 1357. 1040 WILLS, VII, VIII, IX, X. Legacy, satisfying before death, § 1367. Legacy, specific, defined, § 1357. Legacy, specific, effect of failure of, § 1357. Le^cy, specific, possession how obtained, § 1363. Legacies, specific, title passes by will, § 1363. Legacies to kindred, preference, § 1361. Legacies, when vest, § 1341. Legatee for life, inventory by, § 1365. Legatees, liability for obligations of testator, § 1377. Legatees' possession, § 1365. Specific devise or legacy, possession, how obtained, § 1363. Specific devise or legacy, title passes by will, § 1363. VIM. Codicils. Republication by, § 1287. Revocation of will revokes, § 1305. Will includes, § 14. IX. Advancements; annuities. Advancement, effect of, § 1309. Advancements, when ademptions, § 1351. Advancement: See Advancements. After-born children, effect of advancement to, § 1308. Annuities commence when, § 1368. Annuity defined, § 1357. Annuity, effect of failure of fund, § 1357. Annuity, failure of fund, resort to other proper^, § 1357. X. Nuncupative. ■ How executed, § 1288. Limited to thousand dollars, § 1289. Probate of, § 1291. Probate of, process to interested parties, § 1291. • Probate not to be granted until after fourteen days, § 1291. Proof of, limitation on time for, § 1290. Requisites of, § 1289. To be reduced to writing, § 1291. When may be made, § 1289. Who may make, § 1289. Witnesses, § 1289. Words to be reduced to writing in thirty days, § 1290. WILLS, XI, XII, XIII, XIV. 1041 XI. Olographic. Defined, § 1277. Manner of executing, § 1277. XII. Revocation. Alteration in interest disposed of, when is, § 1304. By duress, § 1272. By fraud, § 1272. By subsequent will, § 1296. By undue influence, § 1272. Charge or incumbrance upon land as, § 1302. Conjoint, revocation of, § 1279. Contract for transfer of property not a, § 1301. Conveyance, effect of, on, §§ 1301, 1303, 1304. Conveyance as a, §§ 1302, 1303. Does not revive prior will, unless, § 1297. Effect of marriage of man, § 1299. Effect of marriage of woman, § 1300. Evidence of, when canceled by third person, § 1293. In what ways accomplished, § 1292. Marriage and birth of issue, § 1298. Marriage and birth of issue, evidence to rebut pre- sumption of, from, § 1298. Marriage, evidence to rebut presumption of revocation by, § 1299. Married woman may revoke wills, § 1273. Mortgage not a, § 1302. Mutual, revocation of, § 1279. Of wHl in duplicate, § 1295. Provisions as to, to what wills apply, § 1374. Revoked, how, § 1292. Revokes codicil, § 1305. XIII. Alteration. How effected, § 1292. Married women may alter, § 1273. XIV. Revival and republication. Marriage, will revoked by, not revived by death of husband, § 1300. Revive, revocation of subsequent will does not, unless, § 1297. Republication by codicil, § 1287. 1042 WINE— WORDS AND PHRASES. WINE, recording sale of, § 3440. Sale of, delivery not necessary to validity of, § 3440. Sale of to be in writing, § 3440. WITNESS, acknowledgment by, requisites for, § 1185. Depose defined, § 14. Handwriting, proved how, § 1199. Handwriting, when may be proved, § 1198. Mark, signature by, two witnesses necessary, § 14. Nuncupative will, to, § 1289. Oath of, in taking acknowledgment, § 1185. Olographic will, not necessary to, § 1277. Privileged testimony, § 47. Recording instrument may be proved by other than subscribing, when, § 1198. Subscribing, manner of proving instrument by, §§ 1195- 1197. Subscribing, to be known to oflBcer taking proof, § 1196. Subscribing to prove, what, § 1197. Subscription includes mark, § 14. Testify includes what, § 14. Will, creditor as witness to, effect of, § 1282. .Will, to, §§ 1276-1279. Will, to, cannot take under, § 1282. When may take as much under will as by succession, § 1283. WOOD, right to take, § 802. WORDS AND PHRASES: See Definitions. Completion, § 1417. Construction of, § 13. Create debts, § 579. Depose, § 14. Descendants, § 1334. ; Donation and limitation in will, § 1335. Family, § 1334. Grant, § 1053. " Grant," covenants implied from, § 1113. Head of a family, § 1261. , Heirs, § 1334. Incumbrances, § 1114. Inheritance of, not necessary to pass fee, § 1072. Interpretation of doubtful, §§ 1068, 1654. WORDS, ETC.— WRECKS AND WRECKED PROPERTY. 1043 Issue, § 1334. Joint authority, giving, how construed, § 12. Legal representatives, § 1334. Masculine gender includes what, § 14. Month, § 14. Nearest, § 1334. Nearest relations, § 1334. Next of kin, § 1334. Oath includes affirmation or declaration, § 14. Person includes corporation, § 14. Personal property, § 14. Personal representatives, § 1334. Plural includes singular, § 14. Property includes realty and personalty, § 14. Real property, § 14. Relations, § 1334. Representatives, § 1334, Section, § 14. Shipping, § 960. Ships, § 960. Signature includes mark, § 14. Singular includes plural, § 14. Subscription includes mark, § 14. Taken in ordinary sense, §§ 1324, 1644. Technical, how construed, §§ 13, 1327, 1645. Technical, not necessary in will, § 1328. Testify, § 14. To be given some meaning if possible, § 1326. Typewriting, writing includes, § 14. Will includes codicil, § 14. Will, in, to what time refer, § 1336. Will, to receive operative construction in, § 1335. Writing, includes printing, § 14. Writing includes typewriting, § 14. WORKMANSHIP, ownership of property formed by ma- terials and, § 1028. WRECKS AND WRECKED PROPERTY, involuntary de- posit in case of shipwreck, § 1815. Duty of depositary in such case, § 1816. Wages of seamen not lost by shipwreck, when, § 2058. 1044 WRITING— YEARS, ESTATES FOR. WRITING: See Statute of Frauds. Certificate of proof of instrunaent, what to state, § 1200. Contract, in, controls printed parts, § 1651. Contract, in, how altered, § 1698. Contract prevented by fraud from being put in, en- forced when, § 1623. Erroneous, how far disregarded, when, § 1640. Includes printing, § 14. Intention of parties to be ascertained from, § 1639. Non-negotiable instrument in, transferable, § 1459. Presumption as to value of instrument in writing, § 3356. Private property in, § 985. Supersedes oral negotiations, §§ 1625, 1626. Typewriting, includes, § 14. Warranty on sale of written instrument, § 1774. WRONG: See Tort. Damages for, measure of, §§ 3333-3341. He who consents, suffers no, § 3515. Law does not interpose between parties equally In, § 3524. Minors and lunatics liable for, § 41. No one can be permitted to take advantage of his own, § 3517. Remedy for every, § 3523. YEAR, contract not to be performed within, § 1624. What deemed to be, in computation of interest, § 1917. YEARS, ESTATES FOR, are chattels real, § 765. Limitation on power of suspension, § 770. ■h^ UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 820 100 6 f?