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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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INDEX.
[References are to sections.]

CARE

ordinary (continued).

depositary for hire, to use, 1852.
employee for reward, to use, 1978.
hirer, to use, 1928.
voluntary agent, to use, 2078.
trustee, to use, 2259.
slight

gratuitous carrier of property to use, 2114.
gratuitous depositary, to use, 1846.
gratuitous employee, to use, 1975.
utmost

carrier of messages by telegraph, to use, 2161.
carrier of persons for reward, to use, 2100.
CARELESSNESS. See tit. Negligence.
CARRIAGE

common carriers. See tit. Common Carriers.
of messages. See tits. Carriers of Messages; Telegrranis.
of persons. See tit. Cai*riers of Persons.
of property. See tit. Carriers of Property.
CARRIAGE IN GENERAL. See tit. Common Carrier.
carriers by sea, rights and duties, 2088.
contract of carriage, 2085.
gratuitous carriers, obligations of, 2089.

who has begun to carry, 2090.
kinds of carriers, 2086.
inland carriers, 2087.
marine carriers, 2087.
CARRIER

act of God relieves of liability, 2194.
baggage. See tit. Baggage.
bill of lading. See tit. Bill of Lading.

common carrier. See tits. Common Carriers; Common Carrier.H
of Persons; Common Carriers of Property.
defined, 2168.
compensation, 2173.

payment and refusal of, 2173.
connecting, delivery to, 2201.
consignee defined, 2110.
contract of carrier, 2085.

damages for breach of obligation to deliver, 3316.
for breach of obligation to receive goods, 3315.
for delay, 3317.
for non-delivery, 3316.
for refusal to receive freight, 3315.
delay in carriage of freight, liability for, 2196.
delays, generally, 2104.

1745



INDEX,

[References are to sections.]

CARRIER (continued).
delivery

exonerates carrier, when, 2131.

in part, apportionment of freight, 2140.

manner of, 2118, 2119.

not made, carrier may exonerate himself, liow, 2121.
obligations of carrier on, 2120.

place of, 2118, 2119.

surrender of bill of lading may be demanded before, 2132.

to connecting carriers, 2201.
duty of carrier of persons. See tit. Common Carriers of Per-
sons.
ejection of passengers. See tit. Ejection for Non-Payment of

Fare.
exemption from liability where negligent, none, 2196.
expense of transportation of things sold, 1755.
fare. See tit. Fare,
freigrbt

defined, 2110.

not accepted, to be stored by carrier, 2121,

not delivered, obligation of carrier, 2120.

obligation to accept, 2169.
frei{i:litage

apportionment of, 2140.

according to distance, 2142.
hy contract, 2140.

carriage further than agreed, 2143.

consignee liable for, when, 2137.

consignor liable for, when, 2138.

defined, 2110.

for natural increase of freight, 2139.

lien for, 2144.

marine insurance. See tit. 3Iarine Insurance.

sale of perishable property for, 2204.

to be paid, when, 2136.
general average adjustment. See tit. General Average.
gratuitous care required of. See tit. Care.
inland, what is, 2087.
insurable interest of. See tit. Insurable Interest.

as to, 2548.
jettison. See tit. Jettison,
liability for negligence

cannot be relieved from, 2175.

limiting of, generally, 2174-2176.

when limitation on void, 2175,
lien

for freightage, 2144.

1746



INDEX.
[References are to sections.]

CARRIER

lien (continued).

limitation on, without notice of value, 2200.

on baggage, 2191.
loss of freig-lit

liable for, when, 2194.

no liability for, when, 2194.
loss of property or money, liability for, 2177.
loss, proof of, 2202.

loss through negligence, liability, 2195.
marine. See tit. Ships and Sliipping.

negligence of, cannot be exempted from by contract, 2195.
notice

carrier to give for non-delivery, 2120, 2121.

of value of freight, to be given, 2200.
obligations. See tit. Obligations.

limited, how, 2174-2176.
of messages. See tit. Carriers of Messages.
passengers. See tit. Passengers.

damages for refusal to receive, 3315.

duty to, generally, 2100.

ejection of. See tit. Ejection for ]Von-Payn»ent of Fare.

entering train without payment of fare, 2189.

safe and fit vehicles. See tit. Veliicles.

seats to be provided, 2185.
penalty for failure to observe schedule time, 2172.
perils of sea. See tit. Perils of Sea.
preferences may be given, when, 2171.
preferences not be given, when, 2170.
property

care required of, 2114.

conflicting orders of consignee and consignor, 2116.

must obey directions, 2115.
rate of speed, 2104.
rules and regulations, 2186.
sale of perishable freight, 2204.
schedule time must be observed, 2172.
state may be given preferences, 2171.
tickets. See tit. Tickets.
time of running must be observed, 2172.
United States may be given preferences, 2171.
value of articles to be stated, when, 2200.
vehicles. See tit. Vehicles.

not to be overcrowded, 2102.
written contract of, 2176.
CARRIER'S DELAY
damages for, 3317.

1747



INDEX.
[References are to sections.]

CARRIER'S OBIilGATION TO DELIVER

breach of, damages for, 3316.
CARRIER'S OBLIGATION TO RECEIVE GOODS

breach of, damages for, 3315.
CARRIERS OF MESSAGES (other than telegraph and telephone
companies). See tits. Telegrrayh and Telephone Com-
panies.

degree of care and diligence required, 2162.
duty to deliver, 2161.
CARRIERS OF PERSONS. See tit. Common Carriers o£ Persons.

gratuitous carriage, 2090.

degree of care required, 2096.
carriers for re-^vard

as to who are passengers. See tit. Passengers.

delays, 2104.

general duties of, 2100.

negligence of. See tit. Negligence.

overloaded vehicles prohibited, 2102.

rate of speed, 2104.

treatment of passengers, 2103.

vehicles. See tit. Vehicles.

bound to provide safe and fit, 2101.
not to be overloaded, 2102.
CARRIERS OF PROPERTY

bill of lading. See tit. Bill of Lading.

as to generally, 2126-2132.
care and diligence required of, 2114.

as to generally, 2114.
conflicting orders by consignor, 2116.

consignee not accepting, disposition made of freight, 2121.
delivery of freight

as to generally, 2118.

notice when not delivered, 2120.

place of delivery, 2119.

stoppage in transitu. See tit. Stoppage in Transitu.

when consignee does not accept, 2121.
deviation from route, 2117.
freightage. See tit. Freiglitage.

as to generally, 2136-2144.
general average. See tit. General Average.

as to generally, 2148-2162.
general definition, 2110.
notice when freight not delivered, 2120.
obligations of, 2114.
stowage, 2117.
to obey directions of shipper, 2116.

1748



INDEX.
[References are to sections.]

CAUSA MORTIS. See tit. Gittn.
CEMETKRY. See tit. Cemetery Corporationn.

burial riglits of servant, 801, 802.
disposal of lots, 598.
establishing by corporation. 595.
CEMETERY CORPORATIONS

alienability of lots revived how, 613.

annual report of, 609.

bonds may be issued, 611.

burial lot inalienable, when, 613.

improvement in grounds, 611, 612.

inalienability of lot, when, 613.

land that may be held by and disposed of, 608.

must be surveyed and subdivided into lots, 608.
lot owners previous to purchase to be members, 614.
lot, sale of after disinterment, 613.
lots, rights and interests in, 613.
lots, surveying, etc., 608.
may hold personal property and to what amount, 610.

how disposed of, 610.
may issue bonds to pay for grounds, 611.

proceeds of, how disposed of, 611.
may sell lands, when, 615.
may take and hold property in trust, 616.

application of Income, 616.

investment of proceeds of income in what, 616.

purposes for which may hold, 616.
may take and hold title to what and how, 612.
members eligible to vote and hold office, 609.
personal property, holding and disposing of, 610.
property held in truNt

investment of proceeds, 616.

proceeds to be used, how, 611, 616.
sale of lands, conditions and restrictions, 608.
sale of lots, proceedings on, 615.
who may not be buried in lot, 613.
CERTIFICATE

false, liability of officers, 316.

fee of recorder for recording, 1165.

of corporate existence, extending by, 401.

of deposit, negotiable, 3095.

non-negotiable, when. 3095, 3621.
of discharge of mortgage, 2939.
of indenture of apprenticeship, 275.
of marriage, 69a, 73, 79.

of master of ship in favor of seamen, 2059.
of partnership. See tit. Partnership, General.

1749



INDEX.
[References are to sections.]

CERTIFICATE (continued).

of partnersliip under fictitious name, 2466-2477.
of residence of corporation, when to be filed, 1163.
of restoration of lunatic, evidence of legal capacity, 40.
of savings and loan, .576.
of stock. See tit. Corporation.
to seamen of efforts to save cargo, etc., 2059.
CERTIFICATE OF ACKXOAVLEDGMEXT. See tit. Acknowleds-
nient.
form of certificate of acknowledgment. See tit. Aoknowledg-
nient.
CERTIFICATE OF DEPOSIT

as to generally, 3268.
CERTIFICATE OF MARRIAGE. See tit. Marriage.
CERTIFICATE OF SHERIFF'S SALE. See tit. SlieriltVs Certifl-

eate of Sale.
CERTIFICATE OF STOCK

affidavit or bond required before, when, 326.
how issued, 323.
how transferred, 324.

irrigation stock appurtenant to land, 324.
lost, etc., certificate, procedure for securing new, 328.
married woman may transfer, 325.
shares of personal property, 324.
CERTIFIED COPY

of recorded instrument may be recorded, 1218.
CHAMBER OF COMMERCE. BOARDS OF TRADE, MECHANICS'
INSTITUTES, ETC.
as to, generally, 591-592e.

assessments, power to levy and collect, 592d.
business of, 591.
by-laws of, 592c.
capital stock and certificates of, 592.

rights and privileges of stockholders, 592.
executive committee, powers which may be conferred on, 592a.
formation of, 591.

meetings of, how called and conducted, 592c.
organization of, 591.

power which may be conferred on the trustees, etc., 592a.
powers of, 591.

to acquire, sell, and use property, 592b.
to levy and collect assessments, 592d.
pre-existing corporation may have benefit of title, 592e.
certificate, execution, and contents of, 592e.
notice of meeting and object to be published, 592e.
rights and privileges of stockholders, 592.
trustees, powers which may be conferred upon, 592a.
CHANCERY COURTS. See tits. Equity; Speclflc Relief.

1750



INDEX.
[References are to sections.]

CHANGE OF N.4MB. See tit. Corporations.

conveyance of real estate on, how made, 1096.
CHARGE. See tit. Privileged Communication.
CHARITABLE BEQ,UESTS. See tit. Wills,
CHARITABLE USES AND BEaUESTS

limitation as to time and amount, 1313.
CHARITABLE USES AlVD TRUSTS. See tits. Trusts; Uses and

Trusts.
CHARTER PARTY. See tit. Ships and Shipping.

definition of, 1959.

insurable interest, 2665.

shipmaster may enter into, 2376.

ship's manager may enter into, 2388.
CHASTITY

want of, avoids promise of marriage, 62.
CHATTEL INTERESTS

what are, 765.
CHATTELS, REAL

estate for life of third person is not, 766.

what are, 765.
CHECKS. See tit. Negotiable Instruments.

time of presentment, rules applicable to checks, 3255.
CHILD. See tit. Parent and child.

en ventre sa mere, 29, 698.

property of, parents' control over, 202.
allowance out of for maintenance, 201.
takes under will, when, 1339.

to maintain parent, when, 206.

unborn. See tit. Unborn Child.

who may be arrested and committed to asylums, etc., 607g.
CHILDREN. See tits. Parent and Child; Succession; \Vllls.

custody of in actions for divorce, 138.

legitimacy of, born in wedlock, 193.

posthumous, 698.

societies for the prevention of cruelty to. See tit. Sociclics
for the Prevention of Cruelty to Children and Animals.

unprovided for by will to succeed, when, 1307.
CHILDREN OF ANNULLED MARRIAGE. See tit. Divorce.
CHOSES IN ACTION. See tit. Personal Property.

definition of, 953.

judgment is, 954.

survivorship, 954.

transfer of, 954.
CHURCH. See tit. Religious Corporations,

seat at, right to, 801, 802.
CHUTE. See tit. Bridges, Ferry, Wharf, Chute and Pier Cor-
porations.

as to, 529, 530, 531.

1751



INDEX.
[References are to sections.]

CIRCUS. See tits. Civil Rights; Places of Public Amusement.

refusing admission to unlawful, when, 53.
CITIZENS

rights of in places of public accommodation or amusement, 51.
CITY. See tits. Municipal Corporations; W^ater Companies.

water companies, contract witli to furnish water, 548, 54J.
CITY L.OTS. See tit. Leases of City Lots.
CIVIL CODE

act establishing, 1.

actions pending not affected by, 6.

cited, how, 21.

construed liberally, 4.

continuation of statutes and common law by, 5.

definition of terms, 14.

divisions of, 1.

does not affect pending actions, 6.

how cited, 21.

not retroactive, 3.

private statute, how affected by, 20.

repeal of other statutes by, 20.

retroactive effect of
not as to wills, 1375.
not generally, 3.

rules of construction. See tit. Rules of construction.

takes effect, when, 2.

terms defined, 14.

title of, 1.

vested rights not affected by, 6.
CIVIL LAW DOCTRINE

ascending line, 1391.

collateral line, 1390.
degrees of, 1393.

descending line, 1391.

direct line, 1391.
degrees of, 1392.
CIVIL RIGHTS

discriminations prohibited, 52.

of citizens in places of public accommodation or ainuse-
ment, 51.
CLAIM AND DELIVERY. See tit. Replevin.

gold coin, judgment. See tit. Judgment.

judgment for delivery, 3379.

when holder may be compelled to deliver, 3380.
CLAIM NOT DUE

no lien for, 2882.
CLAIMANT. See tit. Appropriation of Water.

of waters, 1420.

1752



INDEX.
[References are to sections.]

CLERK OF COUNTY

acknowledgments, may take, 1181.
articles of incorporation to be filed with, 296.
certificate of special partnership to be filed with, 2479.
duty of

recording- marriage licenses, 69.

to keep register of partnership names, 2470.

where acknowledgment taken before justice of the peace,
1194.
may take acknowledgments, 1181.

notice of dissolution of special partnership, filing with, 2509.
petition to appraise homestead must be filed with, 1247.
register of partnership names must be kept by, 2470.
CODICIL

execution of republishes will, when, 1287.
included under term "will," 14.
republication of, 1287.
revocation of will revokes, 1305.
COLLATERAL SECURITY. See tit. Pledge.
COLLATERAL WARRANTIES

abolished, 1115.
COLLECTION

agent for, as to duties of, 2021.
effect of warranty of collectibility, 2800.
partner may make when acting in liquidation, 2462.
COLLEGES AND SEMINARIES OF LEARNING
appointing president, 650.
appointing professors, 650.
articles of incorporation, 649.

contents of, 649.
board of trustees, term, quorum and powers, 650.
by-laws, making of, 650.
consolidation of, 652.

annual reports to, 652.

new corporation, trustees' term of, 652.

what authorized to consolidate, 652.
course of study, 650.
election of other trustees, 650.
existing corporations may reincorporate, 651.
issue diplomas, 650.
may take under wills, 1275.
powers of trustees, 650.
president, election of by trustees, 650.
quorum of trustees, 650.
salaries, fixing of, 650.
specific grants to, 653.

cannot be diverted, 653.

1753



INDEX.

[References are to sections.]

COLLEGES AND SEMINARIES OF LEARNING (continued),
transfer of property from existing to new, 651.
trustees of, and their powers, 650.
to declare vacancy, 650.
to fill vacancy, 650.
to hold property, 650.
.t.o mortgage and lease property, 650.
wills, may take under, 1275.
COLLISION

loss by, apportioned how, 973.

of ships. See tit. Rules of Navigafion.

of vessels, from breach of rules, 971.

on breach of rules of navigation, liability, 972.

implies wilful default, 972.
rule for avoiding, 970.
COLLOQUIUM. See tit. LibeL
COLLUSION

definition of, 114.
in divorce. See tit. Divorce.
presumed from lapse of time, 125.
COLOR. See tit. Trade-Mark.s.
COMMISSION 3IERCHANT. See tit. Factors.
COMMON

interest in, what is, 685.
what interests are in common, 686.
COMMON CARRIERS

in general. See tit. Common Carrier.s in General.

of messages. See tits. Carrier.s of messages; telegrams; Tele-

grraph and Telephone Companies.
of persons. See tit. Common Carriers of Persons.
of property. See tit. Common Carriers of Property.
COMMON CARRIERS IN GENERAL
certain agreements void, 2175.
compensation must be reasonable, 2173.
definition of, 2168.

loss of valuable letters, liability for, 2177.
modification of liability of carrier by contract, 2176.
assent of modification necessary, 2176.
by acceptance of ticket, etc., 2176.
not to give preferences, 2170.

must give what preferences, 2171.
obligations of, altered by agreement, 2174.
obligation to accept freight, 2169.
starting promptly at time and place, 2172.
COMMON CARRIERS OF PERSONS

additional amount to be paid, when, 2189.

1754



I



INDEX.
[References are to sections.]

COMMON CARRIERS OF PERSONS (continued).

baggag-e or luggage, liow carried or delivered, 2183.
bicycle as, 2181.
carrier's lien on, 2191.
bicycle as luggage or baggage, 2181.
carrier of persons, obligation to carry, 2180.
defined, 2181.
ejectment of passengers. See tit. Ejection of Passengers.

for refusal to pay fare, 2188.
fare, when payable. See tit. Fare.
as to when payable, 2187.
not payable after ejection, 2190.
liability for baggage or luggage, 2182.
obligation to carry baggage or luggage. See tit. Baggage.

as to generally, 2180.
obligation to provide seats for passengers, 2185.
obligation to provide vehicles. See tit. Vehicles.

as to, 2184.
passenger who has not paid fare, to pay additional rate, when,

2189.
regulations for conduct of business as to, 2186.
seats for passengers to be provided, 2185.
COM3ION CARRIERS OP" PROPERTY
liability of inland carriers, 2194.

exemptions do not apply to, when, 2195.
liability for delay, 2196.
COMMON LAW

code continuation of, 5.
COMMON PROPERTY. See tits. Husband and Wife; Property.
COMMUNITY PROPERTY
as to generally, 164.
as to what is, 687.

contracts by wife in relation to, 167.
disposition on divorce, 146.
distribution of on death of husband, 1402.
distribution of on death of wife, 1401.
limitation of action as to, 164.
management, control, and disposition of, 172.
COMPENSATION

for support of adult children by parent, 210.
given by law, 3274.
of appraisers of homestead, 1258.
of assignee of creditors, 3471.
of borrower, 1892.
of depositary for hire, 1853.
of employee dismissed for cause, 2002.
of employee quitting for cause, 2003.

1755



INDEX.
[References are to sections.]

COMPENSATION (continued).

of finder, 1867.

of partner, none, 2413.

of trustee, 2273, 2274.

of voluntary depositary, 2078. J

on partial failure to perform, 3392. fi

on .rescission, 3408.

services continued beyond two years, rate of, 1980. (

without employment, 2079. '

COMPLAINT )

to court. See tit. Court.s. j

for cruelty to children or animals, 607b.
COMPLETION

as applied to appropriation of waters, 1417.
COMPOSITION

author lias property in, 980-985.
COMPRESSED AIR

as motive power by railroads, 465a.
CONCEALMENT. See tit. Insurance.
CONCESSIONS

foreign corporations may transfer, 364.
CONDITIONAL

delivery cannot be made to be, 1056.

devise or bequest. See tit. Devise and Bequest.

obligation. See tit. Obligations.

offer of, when valid, 1494.

will may be probated, when, 1281.
CONDITION OF WILL. See tit. Wills.
CONDITIONAL OBLIGATION. See tit. Obligations.
CONDITIONS

concurrent

definition of, 1437.
performance of, 1439, 1498.

forfeiture, considered how, 1442.

impossible, are void, 1441.

kinds of, 1435.

performance of essential, when, 1439.

precedent or subsequent. See tits. Conditions Precedent;
Conditions Subsequent.
as to generally, 708.

restraining alienation, void, 711.

restraining marriage, void, 710.

subsequent. See tit. Conditions Subsequent.

unlawful are void, 1441.
CONDITIONS PRECEDENT

effect of, 1347.

in will, 1347.

1756



INDEX.
[References are to sections.]

CONDITIONS PRECEDENT (continued).

what are, 708.

when deemed performed, 1348.
CONDITIONS SUnSEQ,UENT

as to generally, 1438.

conveyance on, 1109.

in will, 1349.
CONDONATION. See tit. Divorce.

CONFIDENTIAL RELATIONS. See tits. Tru.st; Trustees; Wills.
CONFLICT OF LAWS

as affecting contracts, 1556.

as affecting- personalty, 946.

as affecting realty, 755.

as affecting wills, 1376.

assignment for benefit of creditors, 3451.

injunction, 3423.

marriage out of state valid, when, 63.
CONFUSION OF GOODS. See tit. Aece.ssion.

as to ownership of things made by, 1025-1033.
CONGRESS

carriers by sea governed by laws of, 2088.

seamen governed by laws of, 2088.
CONNIVANCE

in divorce. See tit. Divorce.
CONSANGUINITY

collateral and direct, 1390, 1392.

half-blood, inheritance by, 1394.

how computed, 1388-1394.
CONSENT

apparent consent, when not free, 1567.

communication of. See tit. Contract.
as to generally, 1581.

deed obtained by fraud, when, 1568.

essentials of, 1565.

fraud in obtaining. See tit. Fraud.

mutually necessary to contract, 1580.

when voidable, 1566.
CONSIDERATION. See tits. Confrriet; Vnliinble CoiisldernHon.

agency, 2308.

as to what constitutes, 1605.

burden of proof to invalidate, 1615.

executed and executory, 1609.

executory, 1610, 1611.

failure of, rescission for, 1682.

for agreement of separation between husband and wifi\ 160.

good, what is, 1605.

guaranty, consideration for. 2792.

1757



INDEX.
[References are to sections.]

CONSIDERATION (continued).

illegal consideration void, 1608.

impossibility of ascertaining', effect of, 1612.

in contract between spouses for separation, 160.

lawful only is valid, 1607.

negotiable instrument must have, 3122.
presumption as to, 3123.

new,v<:ontract altered without, effect, 1697.

proportion payable where performance prevented, 1515.

return bj' minor, as disaffirmance, 35.

rewards offered. See tit. Rewards.

subscription. See tit. Proiio.sal.

written instrument presumed to have, 1614.
CONSIGNMENT

vonMignor

definition of, 2110.

directions of to carrier, 2115.

definition of consignee, 2110.

delivery of, 2118-2122.

freightage. See tit. Freightage.

insolvency of consignee, effect of, 3077.

special contract of carrier. See tit. Common Carriers of Prop-
erty.

stoppage in transitu. See tit. Stoppage in Transitu.
CONSOLIDATION

of co-operative business associations, 653i.

of co-operative corporations with other corporations, 653x.
CONSTITUTIONAL. LAW

statute creating homestead right constitutional, 1269.
CONSTRUCTION

of deed. See tit. Interpretation.

of devise of land, 1311.

of words and phrases, 13.
CONSTRUCTIVE DELIVERY

What is, 1059.
CONSTRUCTIVE NOTICE. See tits. Notiee; Recording Trans-
fers.

conveyance, filing with the recorder is, 1213.
CONSTRUCTIVE TRUSTS. See tit. Uses and Trusts.
CONSTRUED

joint authority, how, 12.
CONSUL

of United States may take foreign acknowledgments, 1183.
CONTEMPT

in divorce proceedings. See tit. Divorce.

officer taking acknowledgement may punish for, 1201.
CONTINGENT ESTATES. See tit. Future Contingent Estates.

1758



INDEX.
[References are to sections.]

CONTINGENT INTEREST

as to what constitutes, 695.
not void because improbable, 697.
CONTINGENT REMAINDER IN FEE

as to, 772.
how created, 773.
on term of years, 776.
CONTINUANCE

of corporate existence, 287, 401.
CONTINUING GUARANTY. See tit. Guaranty.
CONTRACT
acceptance

by performance of conditions, 1584.
reward, offer of. See tit. Reward.

deemed complete, when, 1582.

mode of communicating', 1582.

must be absolute, 1585.
assumption of obligation by accepting benefits, effect of, 1589.
as to who may contract, 1556.

idiots. See tits. Idiots; Persons of Unsound Mind.

minors. See tit. Infant.s and Minors.

as to power to enter into contracts, 1558.
breach of, damages for, 3294.

by husband and wife. See tit. Husl>aud and Wife.
consent, mutuality of, 1580.

as to, generally, 1580.
consideration for. See tit. Consideration.

as to generally, 1605.

executed and executory consideration, 1609.

how ascertained, 1611.

illegal consideration, effect of, 1608.

impossibility of ascertaining, effect of, 1612.

invalidating sufficient consideration, burden of proof. 1615.

lawful consideration, 1607.

legal or moral obligation as a good consideration, 1606.

possibility of execution on face, 1613.

presumptive evidence of consideration, when. 1614.
contract for benefit of a third person, may bo enforced, when,

1559.
contracts creating monopolies. See tit. Monouolles.
contracts in restraint of trade void, 1673.

exception in favor of good will, 1674.
corporate seals, how affixed, 1628.
definition, 1549.
duress. See tit. Duress.

as to what constitutes, 1569.
generallj% 1569.

1759



INDEX.
[References are to sections.]

CONTRACT (continued).



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