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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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interpretation of authority, 2321.
manager of ship general agent for owner.s, 2070.
married woman's power of attorney, 1094.
measure of agent'.s authority. 2315, 231S.
minor cannot delegate power, 33.
mutual obligations of principals and agt-nts t<i tlilrd persona.

2330.
necessary authority of agent. 2319.

negligence or omission of, principal responsible, 2338.
Kerrs C. C— 55 1T29



INDEX.

[References are to sections.]

AGENCY (continued).

not having capacity to contract, 2345.

notice of dishonor by agent, 3148.

notice to agent. See tit. Constructive notice.

binds principal, when, 2332.
obligation of agent to surrender property to third person,

2344.
oral authorization, 2309.
ostensible agency, what is, 2300.
ostensible antliority of agent

as to generally, 2300.

defined, 2300.

of factor, 2369.

principal not liable for acts under, when, 2334.

what amounts to, 2317.
particular agencies, as to generally, 2362.
partner agent for firm, 2429.

liable as agent, 2443.
pilots. See tit. Shipmasters and Pilots.
power of attorney to gratuitous employee, 1975.
power to disobey instructions, 2320.
price, authority to receive, 2325.
principal bound

by instrument executed by agent, when, 2337.

how affected by agent's acts within scope of authority, 2330.

when bound by incomplete execution, 2331.

when bound where agent exceeds authority, 2333.
ratification

creates agency, 2307.

created, agent's liability respecting, 2339.

effect of giving exclusive credit to, 2335.

of agent's acts, 2310.

of part of transaction, 2311.

void, when, 2312.

^Then and bon' may be made
as to generally, 2310.

not to work injury to third party, 2313.
of part of transaction, 2311.
rescission of, 2314.
when ratification void, 2312.
real estate agent may give covenant, 2324.
real estate brokers, statute of frauds relating to, 1624.
representations, power of agent to make, 2319.
rescission of ratification of agent's act, 2314.
responsible to third parties, 2343.
revocation by principal terminates agency, 2355.
rights of persons dealing with agent without notice of agency,
2336.

1730



INDEX.
[References are to sections.]

AGENCY (continued).

scope of, agent not to define, 2322.

set-off against claim of principal by third person, 2336.

shipmasters. See tit. SIiipniiiNters nnd I'ilot.s.

ship's manager. See tit. Sliip'.s Maiuig^or.

special agent

authority to receive price, 2325.

defined, 2297.
statute of frauds in relation to, 1624, 2309.
Hubag^nt

liability of, 2022.

rightfully appointed represents principal, 2351.

termination of power coupled witli interest, 2355.

unauthorized employment of, 2350.
termination of

by death of agent, 2355.

by death of principal, 2356.

by extermination of subject of, 2355.

where coupled with an interest, 2356.
third person, agent's obligation to surrender property to, 2344.
third persons not to Ije injured by ratification of agent's act,

2313.
torts, agent's liability for to third person, 2343.
torts of agent, liability of principal for, 2336, 2339.
trustee's power, as, 2267.
warrant of autliority of, 2323, 2342.
who may appoint an agent, 2296.
who may be an agent, 2296.

wilful wrongs of the agent, principal lial)le for. when, 2339.
AGENT. See tits. Aseney; Kiiiployinent ; Mnxter niid .Servant.
appointment of for co-oi)erative corporat ion.s, 653, 6r)3ii, 653x.
collecting agent. See tit. Attorney.

duties and powers of, 2021,
must conform to authority conforriMl, _'im i.
must keep his principal informed, 2020.
notice to in line of duty. See tit. ConNlnieUte .Nullee.
of corporations. See tits. C'oriioratlonN: forpornte iNnvem.

of co-operative agricultural, etc., association. aiM'"iiitnient
of, 653q.

of co-operative corporations, appointment of, 653x.
power to sell, and receive payment, 1142.
responsibility as subagent, 2022.
AGISTOR

as to lien upon property, 3051.
AtJitlOKMEXT. See tit. Contract.
seamen not to lose wages by, 2056.

17.31



INDEX.
[References are to sections.]

AGRICULTURAL, FAIR CORPORATIONS

debts and liabilities, amount that may be contracted, 621.

liabilities which may be contracted, 621.

may acquire and hold real estate, 620.

may fix fee, etc., of membership, 622. '

not for profit, 622.
AGRICULTURAL LANDS. See tit. Lea.se.
ALIENATION. See tit. Conveyance.
ALIENS

apprenticeship of, 274.

estate of, when vests in sovereign, 1404.

inheriting must claim within five years, 672.

property rights of, 671.

right to inherit and succeed, 1404.
ALIMONY. See tits. Allowance; Divorce.

pendente lite, when allowed, 137.
ALLUVION. See tit. Acee.s.sion.

accession by, 1014.

definition of, 1014.

islands. See tit. Lsland.s.

ownership of, 1014.

sudden reinoval of bank of stream, 1015.
ALTERATION

and cancellation of contracts, in general, 1697-1701.

of duplicate of contract, 1701.

of legal relation of adopted child, 229.

of legal relations of husband and wife, 159.
ALTERNATIVE

future interest in the, 602,

obligations. in the, 1448, 1451.
ALTERNATIVE OBLIGATIONS. See tit. ObIig;ation.s.
AMBIGUITY

in contracts, construction of, 1376-1403.

in wills, construction of, 1323.
AMENDMENT. See tit. Corporations.

to articles of incorporation, 362.
AMUSEMENT, PLACE OF, ETC.

rights of citizens in, 51.
ANIMALS

care required of borrower, 1886.

cruelty to, 607-607g.

damages for injuries to, 3340.

depositary of, 1834.

game. See tit. Game.
right to take, 802.

injury to, damages for, 3340.

killing sheep by dogs, 3341.

1732



INDEX.
[References ai'e to sections.]

ANIMALS (continued).

lien for keeping-, 3051.

lien of owner for service of stallion, etc., 3062.

societies for the prevention of cruelty to. See tit. Societies
for the Prevention of Cruelty to Children and AnimnlN.

wild, property in, 656.
ANNUAL REPORT

of bridge, ferry, wharf, chute, and pier corporations, 531.

of building and loan associations, 645.

of consolidated colleges, etc., 652.

of homestead corporations, 565.

of land and building associations. See tit. Land and Building
Corporations.

of religious, social, and benevolent corporations, 596.
ANNUITIES

definition of, 1357.
ANNULMENT OF MARRIAGE. See tit. Divorce.
ANTECEDENT WILL. See tit. Wills,

revivor by revocation of subsequent will, 1296.
ANTENUPTIAL CONTRACTS

as to, ITS.
APPORTIONING EASEMENTS. See tit. Easements and Servi-
tudes.
APPORTIONMENT

or hire, when, 1935.

of liens, effect of, 2912.
APPRAISEMENT

of homestead, 1245, 1260.

of property found, 1S65.
APPRAISERS

report of and contents of, 1252.

to value homestead, 1251.

to be sworn, 1250.

to determine value and divisibility, 1251.
APPRENTICE. See tit. Master and Appreutlee.

APPROPRIATION OF ^V^\TER. See tits. Water and Canal Cor-
porations; Water-Right.

water-right. See tit. Water-Riglit.

water-rights may be acquired by, 1410.
APPURTENANCES

deemed fixtures, when, 661.

irrigation stock appurtenant to land, when, 324.

land, to, 662.

of ship. See tit. Ships and Shipping.

pass by transfer of land, 476, 1084, 3540.
ARBITRATION

partner may submit to, 2430.

specific performance of agreement for not enforced, 3390.

1733



INDEX.
[References are to sections.]

ARREST

of children and commitment to asylums, etc., 607g.
ARTICLES OF INCORPORATION. See tit. Corporations.

acknowledgment of, 292.
amendment of, 362.

assent of two-thirds of stockholders, 362.

filing copy of amended articles, 362.

original and amended articles together contain what, 362.

penalty for neglect to file, 362.
building and loan association, of, what to contain, 633.

amount to be subscribed must be fixed, 293.
certain corporations to state further facts in articles, 291.
co-operative agrieiiltural, etc., a.ssociatlons

amendment of, 653r.
debts at time of, 653r.

subscription of, 653b.

what to contain, 653o.
co-operative corporation-^

amendments of, 653y.

what to contain, 653v.
copy of must be filed, where, 299[a].

corporate name must not be duplicated nor closely imitated,
296.

certificate to be filed, 297.
how executed, 292.
number of directors and trustees, increasing and diminishing,

290.
lost, restoration of, 297a.
prerequisites to filing of, 294.
prima facie evidence, when, 297.
restoration of lost, 297a.
what they must satisfy, 290.
ASSESSMENT OF STOCK

action to recover assessments, 349.
action to recover stock sold

as to generally, 347.

limitation of action, 347.

proof of publication and sale, 348.
delin<|neut notice of assessment

as to generally, 337.

contents of, 338.

form of, 337.

jurisdiction conferred by, 340>

publication of, 339.

sale of stock at auction, 341.

disposition of stock purchased by corporation, 344.

extension of time of delinquent sale, notice of, 345.

1734



INDEX.
[References are to sections.]

ASSESSMENT OF STOCK

delinquent notice of a.siiies.sinent

sale of stoclv at auction (continued),
higliest bidder to be purcliaser, 342.
in default to bidder corporation may purcliase, 343.
liow levied, 331, 332.

levy of assessment while old assessment unpaid, 333.
not invalidated by failure to make publication of notice as

required, 346.
notice of assessment, 335.

delinquent notice, form of, 337.
form of notice, 335.
publication of notice, 336.
service of notice, 336.
order of, what shall contain, 334.
power to assess, limitation as to, 332.
waiver of sale, action to recover assessments, 349.
ASSESSMENTS. See tit. Taxes and Assessments.
ASSIGNEE. See tit. Assignment for Benefit of Creditors.

takes subject to rights of third persons, 3460.
ASSIGNEE OP LESSEE

remedies of lessor against, 822.
ASSIGNMENT. See tits. Assignment for Benefit of Creditors;'
Conveyances.
as to what may be assigned. See tits. Clioses in Action; Per-
sonal Property.
of action against street railway for penalty for overcharging,

504.
of choses in action, 954.
of debt carries mortgage, 2934.
of debts secured by mortgage, 2936.
of life insurance policy, 2764.
of mortgage as notice, 2933.
partner may not make, 2430.
warranty of written instrument sold, 1774.
ASSIGNMENT F^OR BENEFIT OF CREDITORS

assent of creditor necessary to modification of, 3473.
assignee

accounting of, 3469.
bond of, 3467.
compensation of, 3471.

protected for acts done in good faith, 3472.
takes subject to right of third persons, 3460.
as to, generally, 3449.
certain transfers not affected by, 3451.
conditions of disposal and conversion, 3468.
debtor may execute, when, 3449.

1735



INDEX.
[References are to sections.]

ASSIGNMENT FOR BENEFIT OF CREDITORS (continued),
exempt property not affected by, 3470.
insolvency, what is, 3450.
instrument of assignment, 3458.

compliance with statute necessary to validity, 3459.
inventory

filing of, 3463.

nature and requisites of, 3461.

recording of, 3463.

where more tlian one assignor, 3464.
verification of, 3462.
modification of assignment, assent of creditor necessary to,

3473.
of real property, 3466.
what debts may be secured, 3452.
when assignment void, 3457, 3465.
as to, generally, 3457.
ASSOCIATIONS AND SECRET ORDERS

not insurance corporations, 451.
ATTACHMENT

exemption of policy of life, etc., insurance from, 453k.
lien of officer, 3057.
of mortgaged personalty, 2968, 2972.
ATTORNEY FEES

upon foreclosure of mortgage. See tit. Land and Building Cor-
porations.
ATTORNEY-GENERAL

duty of when alien does not claim, 1405.
may .inquire into corporations, 382.
proceedings by, in case of escheat, 1406.
ATTORNEY IN FACT
as to, 1095.

certificate of acknowledgment by, 1192.
form of certificate of acknowledgment by, 1192.
how must execute for principal, 1095.
officers must aflSx their signatures, 1193.
to convey realty, 1095.
revoking power of, 1216.
ATTORNMENT

by tenant to stranger, effect of, 1948.
to landlord on grant of rent, etc., 1111.
AUCTION

auctioneer's memorandum, 1798.

bids by seller or agent, when void, 1797.

bid, withdrawal, 1794.

by bidding, 1797.

defined, 1792.

1736



INDEX.
[References are to sections.]

AUCTION (continued).

delinquent stock, sale of at, 341.

memorandum of auctioneer, 1798.

pledge, sale of at, 3005.

sale by, 1792.

complete, when, 1793.

under written conditions modifying, 1795.

statute of frauds, 1624.

under written conditions, 1795.

withdrawal of bid, 1794.

without reserve, rights of buyer, 1796.
AUCTIONEERS. See tit. Agents.

authority from seller, 2362.

authority from bidder, 2363.

memorandum by, as to, 1798.
AUTHOR

property of in writings, 980-985.
AUTHORITY

joint, how construed, 12.
AUTOMOBILE

franchise for constructing road for, 524.
AVERAGE. See tit. General Average.
AVOIDING TOLLS

penalty for, 519. •

AVULSION. See tit. Accretion.

distinction from alluvion, 1015.

islands. See tit. Islands.

sudden removal of bank, 1015.
AWARD. See tit. Arbitration.
BADGES

officers of railroads to wear, 488.

to be worn by agents of society for prevention of cruelty, etc.
607f.
BAGGAGE. See tits. Carriers; Railroad Corporations.

bicycle as, 2181.

carried

and delivered how, 2183.
at owner's risk, when, 2183.

check to be affixed to by railroad, 479.

checking, generally, 2183.

consists of what, 2181.

damages for failure to check, 479.

liability for, 2182.

lien of carrier on, 2191.

obligation to carry, 2180.

obligation to carry on stage, 2180.

sale of by innkeeper for storage, 1862.

1737



INDEX.
[References are to sections.]

BAGGAGE (continued).

to be checked, 479.

unchecked, carried at owner's risk, 2183.
BAIL. See tit. Indemnity.

as to what is, 2780.

how regulated, 2781.
BAILED HOPS.

tare op, 995.
BAILMENT. See tits. Depo.sit; Depositary; Hiring; Loan for
Use; W^arebou.senian.

gratuitous depositary, creditor is, when, 1505.
BANK. See tits. Banking' Corporations; Savings Banks.

book and notice to directors and stockholders, 312[a].

lien of banker, 3054.
BANK ASSOCIATION. See tit. Banking Corporations.
BANK COMMISSIONER

land and building corporations to report to, 644.
subject to, 647.

report of, 644.
BANK-NOTES. See tit. Negotiable Instruments.

as to, 3095, 3261.
BANKER

lien of, 3054.
BANKING CORPORATIONS

as to, 300.

capital stock of, 300.

copy of proceedings of meeting, 300.
BASTARDS

adoption of, 227, 230.

custody and control of, 200.

legitimized by subsequent marriage of parents, 215.

proof of illegitimacy, 195.
BENEFIT CORPORATION. See tit. Religious, Social, and Be-
nevolent Corporations.

cumulative voting of, 307.

directors or trustees, number of, 290, 305.

exempt from insurance laws, 451, 453p.

fraternal societies exempt from insurance laws, 451, 453p.

insurance associations, 452a, 453.

insurance, mutual life, etc., 437, 452.

record to be open to inspection, 378.
BENEVOLENT ASSOCIATIONS. See tit. Benefit Co-operative
Society.

bequests to, limitation of power to make, 1313.

incorporation of, 592a-604.

insurance associations, 452a, 453.

1738



INDEX.
[References are to sections.]

BENEVOLENT CO-OPERATIVE SOCIETIES

are corporations within the statute, 451.
BEaUESTS AND DEVISES. See tit. Wills.
BICYCLE.

as baggage. See tit. Baggage.
franchise for constructing paths for, 524.
is baggage or luggage, 2181.
BIGAMY

ground for annulling marriage, 82.
BILLS OP EXCHANGE. See tits. Foreign BilLs of E.xcliange;
Negotiable In-stninients.
acceptance

as to generally, 3193.
by separate instrument, 3196.
cancelation of acceptance, 3198.

holder entitled to acceptance on face, when, 3194.
how made, 3193.

promise to accept equivalent to acceptance, when, 3197.
what is admitted by, 3199.
acceptance or payment for honor
as to generally, 3203.
holder of bill bound to, when, 3204.
how enforced, 3206.
how made, 3205.

notice of dishonor not excused by, 3207.
when may be made, 3203.
bill in parts of set, 3173.

converted into promissory note, when, 3246.
days of grace, not allowed, 3181.
definition of, 2171.
drawee in case of need, 3172.
form and interpretation of, 3171.
must be in a set, 3174.
presentment for acceptance, 3185.
how made, 3186.

to be made to drawee in case of need, when, 3188.
to joint drawees, 3187.
when may be presented, 3185.
when must be made, 3189.
presentment for payment, 3212.

effect of delay in certain cases, 3213.

effect in other cases, 3214.
excuse for presentment, as to, 3218.
delay when excused, 3219.

presentment and notice when excused, 3220.
presentment when excused, 3218.

1739



INDEX.
[References are to sections.]

BILLS OF EXCHANGE (continued).

presentment of part of set, 3173.

riglits and obligations of drawer, 3177.

wlien not accepted, wliere to be made, 3211.

wliere payable, 3176.

where payable at a particular place, 3212.
BILL OF LADING

conditions in limiting liability, 2176.

consignee entitled to, 2130.

definition of, 2126.

delivery according to exonerates carrier, 2131.

effect of accepting from carrier, 2176. .

effect of on right, etc., of carrier, 2129.

negotiability of, 2127, 2128.

refusal to give, effect of, 2130.

surrender of before delivery, carrier may require, 2132.

to "bearer," 2128.

to be given to consignor, 2130.
BISHOP

of religious corporations, 602.
BLASTING ROCK. See tits. Negligence; Nuisance.
BOARD OF TRADE

assessments, 592d.

as to, 286.

by-laws of, 592c.

capital stock of, 592.
certificate of, 592.

formation, organization, and powers of, 591.

power of trustees, directors, and executive committee, 592a.

power to acquire, use, and sell property, 592b.

pre-existing corporations may become, 592e.

rights and liabilities of stockholders, 592.
BOARDING-HOUSE, KEEPER OP. See tit. Innkeepers.
BODILY AILMENTS. See tit. Wills.
BOLTS. See tit. Logger's Lien.

lien on, 3065.
BONDS. See tits. Guaranty; Indemnity; Suretyship.

as to, 3261-3268.

cemeteries may issue, 611.

corporations, issue of restricted, 359.

negotiable, 3095, 3261.

non-residents, on transfer of stock to, 326.

of railroads. See tit. Railroad Corporations.

savings and loan corporations may invest in what, 574.

when required on transfer of certificate of stock, 326.
BOOKS OP RECORD

as to generally, 1171.

1740



INDEX.

[References are to sections.]

BORROWER. See tits. Hiring; Loan for Use.

care required of, 1886.

degree of skill to be exercised, 1888.

of animal borrowed for use, 1887.

to bear expenses, when, 1892.

to repair injuries, when, 1889.
BOTTOMRY. See tit. Respondentia.

definition of, 3017.

interest, rate of, 3022.

lender, rights of when no necessity for bottomry, 3023.

lien of, how lost, 3027.

loan becomes due, when, 3026.

master may hypothecate freight money, 3021.

master may hypothecate ship, 3019, 3020.
when owner cannot be reached, 3020.

owner may hypothecate ship, 3018.

preference of lien over other liens, 3028.

priority of lien, 3029.

rate of interest, 3022.

rights of lender when no necessity for bottomry, 3023.

stipulation for personal liability void, 3024.

when loan becomes due, 3026.
BOUNDARIES

acquiescence in line, prescription by, 841.

boundaries by ways. See tit. Ways, Boundary by.
as to generally, 831.

by water. See tit. AVaters, Boundary by.
as to generally, 830.

fence. See tit. Fence.

lateral and subjacent support. See tit. Lateral Support.
as to generallj', 832.

line trees, 834.

rights of owners in, 829.

trees whose trunks are wholly on land of one. See tit. Treen.
BOYS. See tit. Males.

BREACH OF PROMISE OF MARRIAGE. See tit. Contracts.
BRIDGE CORPORATIONS

as to, generally, 528-531.
BRIDGES. See tit. Bridges, Ferry, Wharf, Chute, and Pier ( «>r-
poratlon.

duty of wagon road corporation to construct, etc., 51-1.

to be constructed by water and canal corporations. See tit.
W^ater and Canal Corporations.

water companies, duty to maintain, 551.
BRIDGES AND FERRIES. See tit. BrldfceN. i'erry. \Vlinrf.
Cliute, and Pier Corporations.

on line of toll road. See tit. Wagon road Corporations.

1741



INDEX.
[References are to sections.]

BRIDGES, FERRY, WHARF, CHUTE, AND PIER CORPORA-
TIONS

annual report to be made to supervisors, 530.
by whom to be made, 530.
damage for failure to report, 530.

duty of district and city attorneys in relation to, 530.
publication of report, 530.
what report to contain, 530.
corporate existence ceases, when, 529.

statute applies to natural persons and corporations, 531.
toll not to be collected without authority, 528.
BROKER. See tit. Agency.

real estate, statute of frauds applies to, 1624.
BUILDING CORPORATIONS. See tit. Land and Building Corpo-
rations.
BUILDING AND LOAN ASSOCIATIONS
annual report of, 645.

arrears in payments, defaults and forfeitures, 639.
articles of incorporation, what to contain, 633.
bonds, investments in and loans upon, 647.
capital stoclv of

as to g-enerally, 634.
form of, 634.
control and supervision of by state, 644.
defaults, 639.
definition, 648.

directors from holders of guarantee stock, 634.
dividend fund, 641.
dues of

as to g-enerally, 634.
installment stock, 634.
paid-up stock, 634.
fees, 634.
fines, 634.
foreign

agents of, 646.
deposit by, 646.
forfeitures, 639.
formation of, 633, 648a.
free shares, retiring, 63Fi,
gruarantee .stoclc

as to generally, 634.
directors from holdei.-s of, 634.
installment stock, 634,
interest, 638.
investments

in and loans upon bonds, 647.
of funds in mines unlawful, 737.
1742



INDEX.
[References are to sections.]

BUILDING AND LOAN ASSOCIATIONS (continued).
loans

as to generally, 637.

of funds on mines unlawful, 637.

on own guarantee stock unlawful, 637.

unlavrfiil

borrowings, 637.

loan on own guarantee stock, 637.
to invest or loan funds to mine, 637.
upon bonds, 647.
losses, 641.

maturity of stock, 636.
membership, 643.
organization of, 633.
paid-up stock, 634.
penalty, 637.
powers of, 633.
profits and losses, 641.
prohibition, 637.
purcliase of real estate, 640.
reincorporation of existing associations, 648a.
reserve fund, 641.
retiring free sliares, 635.
repayment of loan, 638.
report

all statements in perjury, when, 645.
annual, 645.
further reports, 645.
security, 638.

state supervision and control, 644.
status of present contracts, 648.
stock, maturity of, 636.
withdrawals, 642.
Ill IjI^S. See tits. AniiiiulM; DaiiiaeoN.

lien for service of, 3062.
Bl'KIAL. See tit. Cemetery.

burned bonds, of corporation, proceedings to restore. 329.
right of, 801, 802.
nuSIAESS. See tit. Goo«l-\Vlll.
lirSINESS ASSOCIATION, .^c' tit. IIiihIim-ss ( orporiil Ioiim.

co-operative, 6531)-i"i.'(;?k.
ni SIXESS COIirOK.VTIOX. See tit. IliiNiii*-s>4 \s<«>cl:it Ion.

co-operative, 652-G53a.
BLSIXESS DAYS. See tit. iloHilii>.s.

wliat are, 9.
llY-IiAWS OF COUrOH Vi'IOXS. See tit.':. CIiiiiiiIht iif ( ommerce.
HonrdM o£ 'rrmle. Ete.; CoileeeH nnd Seiulnariea; Co-
operntHe IliiNinenM ANMoeintionH.
1743



INDEX.
[References are to sections.]

BY-LAWS OF CORPORATIONS (continued),
amendment of by-laws, how made, 304.
co-operative agricultural, etc., associations, what to contain,

653p.
co-operative corporations, what to contain, 653w.
of municipal corporation. See tit. Municipal Corporation.
of mutual benefit and life associations, what may provide, 453.
of mutual life, etc., insurance corporations, may limit amount

of stock, etc., 445.
record of, 304.

when, how, and by whom, 301.
CANAL CORPORATIOIV

as to, generally, 548-552.
CANCELATION

and alteration of contracts, as to, generally, 1699-1701.
in part, 3414.

of acceptance of bill of exchange, 3198.
of deed does not revest title, 1058.
of instruments, in general, 3412, 3414.
of will, 1292, 1293.
recording of, 3412.
CANCELATION OF INSTRUMENTS
cancelation in part, when, 3414.
instrument obviously void, 3413.
may be ordered, when, 3412, 3414.
CAPACITY TO CONTRACT. See tit. Contract.

of idiots. See tits. Idiots; Persons of Unsonnd Mind.
of intoxicated persons. See tit. Intoxication.
of minors. See tits. Infant; Minors.
as to, 1557.
CAPITAL STOCK. See tit. Corporation.

assessment of. See tit. Assessment of Stock.
assessment of railroads, 455.

minimum required to be paid in before incorporation, 290a.
of railroad corporations. See tit. Railroad Corporations.
transfer of railroad stock, 455.
not valid except, 455.
CARE. See tit. Negligence.
degree of, 16.
great

borrower to use, 1886.

carrier of messages for reward to use, 2161.
employee, for his own benefit, to use, 1979.
shipmaster to use, 2043.
ordinary

carrier of property for reward, 2096.
carrier of persons gratuitously, 2090.
1744



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