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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as to generally, 365.

jurisdiction of court, judgment and decree, 365.
notice of hearing, publication of, 365.

proof required of publication and service of, 365.
service of, 365.
of lost original articles of incorporation, 297a.
petition filed with court for, 365.

unknown owners, sale of stock for delinquent assess-
ments, 365.
sale of stock

to pay assessments, 348.

action to recover stock, 347.

corporation may buy in default of bidders, 343.

disposition of stock bought, 344.
extension of time for, 345.
jurisdiction, how acquired, 340.
of unknown owners, 365.
publication of notice, how made, 348.
to be by public auction, 341.
to be to the highest bidder, 342.
waiver of, and of suit to recover same, 349.
savings and loan corporations. See tit. Savings and Loan Cor-
seal. See tit. Corporate Seal.


[References are to sections.]

CORPORATIONS (continued).

seminaries of learning-. See tit. Colleges and Seminaries of

social corporations. See tit. Religious, Social, and Benevolent

societies for prevention of cruelty to children and animals.

See tit. Cruelty to Cliildren and Animals.
sole. See tit. Corporation Sole.

special meeting's, how called where no provision in by-laws,

special provisions apply, when, 403[a].

legislature may amend corporate law, 404.
statute under which organized may be repealed, 384.

how represented, 313.
stockholders. See tit. Corporate Stock.

liability. See tit. Stoclcliolders.

meetings, who may vote at, 321b.

maximum period of proxies, 321b.

proxies void, when, 321b.

revocability of proxies, 321b.

who are, 298.
street railroad corporations. See tit. Street Kailroad Corpora-
subscription of articles of incorporation, 292.

affidavit of, 295.

to capital stock, amount requisite to filing articles, 293.
surplus profits, what are, 310.
telegraph corporations. Si»e tit. Telegraph and Teleplione

term of existence, 290.

time within which must be organized, 358.
to organize within a year, 358.

transfer of franchise of corporation valid, when, Sfila.
transfer of sliares

by non-resident, how affected, 326.
to give bond, 326.

does not release stockholder, 322.

of married women, 325.

of water or irrigation companies, 324.

to be entered on books, 324.

to purchaser on sale for delinquent assessment, 343.
"trust" and "trustee," when to be part of corporate name,

unknown owners, sale of stock of for delinciuent assessments.

vacancy in office of directors, how filled, 305.
wagon road corporation. See tit. W'agon Road Corporations.


[References are to sections.]

CORPORATIONS (continued).

water and canal corporations. See tits. Irrigation Corpora-
tions; Water and Canal Corporations. t^

wharf. See tit. Bridge, Ferries, VVliarf, Cliute, and I'icr Cor- i

as to, 528-531.

wlien formation complete, 296. ^

will, may take under, when, 1275. ^


duty to furnish gas or electricity, 629.

may refuse electric current for electric light, when, 630a.

may refuse to supply gas, when, 630.

right to enter buildings for inspection, 631.

right to shut off supply of gas or electricity, 632.

apprentice, in proceedings against for misbehavior, 274.

apprenticeship proceedings in, 268.

divorce, in proceedings for, 137.


in appraisement of, 1259.

in proceedings to subject to claims, 1259.

indemnity against, 2776.

lost certificate of stock, in suit to obtain duplicate, 328.

of instrument improperly certified, 1202.
CORRUPT CONSENT. See tit. Divorce.

between devisees, 1350.

between husband and wife, 161.

waste by cotenant, 1715.

mutual obligations of, 841.

right to lateral support, 832.

right to line trees, 834.
COUNSEL PEES. See tit. Attorney Fees.

chattel mortgage to be recorded in what, 2959.

marriage settlements recorded in what, 179.

mortgaged property in transit, deemed located in what, 2960.

property of common carrier, deemed in what, 2961.
COUNTY CLERK. See tit. Clerk.

acknowledgments may be taken by, 1181.

acknowledgment may be taken by, 1181.

statements to. See tit. Statement.


[References are to sections.]


not allowed, 173.
COVENANT. See tits. Covenants Running ivitli Land; Implied

agent's authority to give. See tit. Agent.

agreement to give, 1733.

apportionment of, 1467.

damages for breach of. See tit. Damages.

as to, 3304.
form of, 1732.

implied, effect of use of word "grant," 1113.
of quiet possession, in liiring, 1927, 1955.
running with land. See tit. Covenants Running with Land.

who is and who not bound by, 1465.
what necessary to create, 1460-1468.

damages for breach of, 3305.

definition of, 3304.
apportionment of, 1467.
as to, 1460.

covenant to pay rent, 1463.
covenants for benefit of property, 1462.

covenants run with land where assigns are named, 1464.
transfer of, 1468.

what covenants run with land, 1461.
who are bound by, 1465.
CREDIBLE WITNESS. See tit. Words and Phrases.

agent accepting liable as principal, 2243.

given to, exonerates principal, 2335.
auctioneer, when to and when not to give, 2362.
factor may give, exception, 2368.
factor's, sale on, 2028

ship-owners, master may borrow on. See tit. Shipmasters.
ship's manager cannot borrow on, 2389.
CREDITOR. See tits. Assignment for Benefit of Creditors;
Credit; Debtor and Creditor.
acceptance by, necessary to satisfaction, when, 1473.
acceptance of accord, 1523.

of part performance, 1524.
application of performance by, 1479.

appraisement of homestead on petition of, when, 1245.
avoid act of debtor, when, 3441.
benefit of securities held by sureties, 2854.
contracts of debtor are valid against, when, 3431.


[References are to sections.]

CREDITOR (continued),
debtor's preference, 3432.

gift causa mortis to treated as legacy, when, 1153.
grantor liable to, when, 2807.

by void promise of, 2820.

indemnified, when not exonerated, 2824.

not exonerated by mere delay of, 2823.

wh^ exonerated, 2819.

when partially exonerated, 2822.
homestead, expenses of appraisement to be paid by, when,

may be witness to will, 1282.

mortgage of personal property void against, when, 2957.
novation. See tit. Novation.

how created by, 1532.

may rescind, when, 1533.
objections to offer must be made, when, 1501.
obligations of, as to thing offered, 1505.
offer of performance at place designated by, 1489.
offer of performance to, 1488.
offer of performance, when to benefit, 1493.
order to resort to funds, when made, 2899.
partner cannot make assignment for, 2430.

liability after dissolution, 2453.

special, may, when, 2490.

postponed to other creditors, 2491.
performance by one of several joint, 1475.
performance excused, when, 1511.

in manner directed by, 1476.
performance to void, when, 2496.
prevention of performance by, 1512.
receipt by, 1499.

refusal to accept performance, 1515.
relative rights of, 3433.
release by, effect of, 1542.
rights of, 2854.

special, liable as general partner, when, 2502.
surety and title to seeuritie.«« held by, wlien

as to generally, 2849.

exonerated by what acts or omissions of, 2840.

may enforce remedies of, when, 2845.

securities held by sureties for benefit of, when, 2854.
title of thing offered passes to, when, 1502.
transfer for benefit of, recordation, 1164.
transfer of debtor void as against, when, 3439, 3440.
transfer to, without value not void, 3442, 3449, 3465, 3473.
trust fund liable to, when, 859.



[References are to sections.]

CREDITOR (continued),
trustees for benefit of, 857.
who is, 3429.

witness to will, may be, 1282.

mortgage of. See tit. Growing Crops.
tenant's rig'ht to harvest, 819.

apprenticeship annulled for, 275.
divorce, grounds for, 92, 98, 147.
of spouse defined, 94.

to children and animals. See tit. Societie.s for Prevention of
Cruelty to Children and Animals.
CUMULATIVE. See tit. Corporations.

voting, 307.

borrower to pay in, 1912.

of children. See tits. Divoree; Infant and Infancy; 3Iinors;

Parent and Child.
of thing offered in performance, 1503.

right to raise, 1412.
DAMAGES. See tits. Libel; Railroad Corporations.

acceptance of principal waives claim to interest, 3290.

acknowledgments, 1202.

after suit brought, 3283.

agent's authority, breach of warranty for, 3318.

allowed by the code exclusive of others, 3357.


for injuries by. See tit. Animals.
for injuries to, 3340.
certain, must be, 3301.
contract fixing, as to, 1670.
detriment, what is, 3282.

in action for injuries to animals, 3340.
infant's liability for, 41.
in what cases allowed, 3294.
lunatic's liability for, 41.
when recoverable generally, 3294.
for breach of agreement
to buy personalty, 3311.
to buy realty, 3307.
to convey realty, 3306.
to pay for personalty sold, 3310.
to sell personal property, 3308, 3309.


[References are to sections.] ^

DAMAGES (continued).

for breach of covenant. See tit. Covenant. .

for breach of promise of marriage, 3319. '^

for breach of warranty of quality of personalty, 3313.

for special purposes, 3314.

of warranty of title of, 3312.
for carrier's delay. See tit. Carrier.

breach of obligation to deliver, 3316.

breach of obligation to receive, 3315. ,

for conversion, 3336, 3337. t

for detaining or overcharging by wagon road corporation,

for dishonor of foreign bill, 3234, 3238.
for employing materials of another, 1030.
for failure by tenant to quit on notice, treble rent, 3344.
for false imprisonment. See tit. False Imprisonment.
for future injuries, 3283.
for injuries in duel, 3347, 3348.
for injury to timber, 3346.
for injury to trees, 3346.
for killing sheep by dogs, 3341.
for libelous publications. See tit. liibel.
for lienor's conversion, 3338.

for malicious prosecution. See tit. Malicious Prosecution.
for master's breach of indenture. See tit. Master and Ap-
for negligence in setting fire, 3346a.
for refusal to carry, 482.
for seduction, 3339.

for treble rent against tenant, when, 3344.
for trustees holding over, 3335.

for violation of rights of citizens in places of public accom-
modation or amusement, 52.
for wrongful occupancy of realty, 3334.
for wrongs generally, 3333.
for wrongs. See tit. Damages for Wrongs.
forfeiture, relief in cases of, 3122.
holding over, damages for wilful, 336.
in action other than contract, 3288.
interest as, 3287-3290.

injuries resulting or probable after suit brought, 3283.
interest, acceptance of principal waives, 3290.
interest as damages, as to, 3287.
limit of rate of compensation, 3289.
limitation of, 3358.
limitation of damages, 3358.
liquidated, 1670.



[References are to sections.]

DAMAGES (continued).

liquidated sum for breach of contract, to pay, 3302.

market value as, 3353.

may be recovered by whom, 3281.

measure of. See tit. Measure of Damages.

as to, 3300-3319.
must be certain, 3301.
nominal, 3360.
penal damages, as to, 3344.

failure to quit after notice, 3344.
for injuries in duel, 3347.
in firing woods, 3346a.
penal damages, for injuries to trees, etc., 3346.

wilfully holding over, 3345.
property of peculiar value, 3355.
public places, for denying access to, 54.
reasonable, must be, 3359.
relief against in general, 2274, 2275.
sheep-killing dogs, 3341.
specific relief. See tit. Specific Relief.
tenant, when liable for treble rent, 3345.
to be reasonable, 3359.


how estimated in favor of buyer, 3354.
how estimated in favor of seller, 3353.
of property of peculiar, 3355.
of thing in action, 3356.
who entitled to in general, 3281.
wrong-doer liable in uniting materials, 1033.

tit. Telegraph and Telephone Companies.

deed, delivery of, presumption as to, 1054.
in negotiable instruments necessary, 3091.
nominal in negotiable instrument, 3094.

business, what are, 9.

counted in computing time, what are, 10.
fraction of, 14.
holidays, what are, 7.
of grace. See tit. Days of Grace.

not allowed on bill of exchange, 3181.

distribution of common property
on death of husband, 1402.
on death of wife, 1401.


[References are to sections.]

DEATH (continued).

gift in view of. See tit. Gift.

marriage dissolved by, 90.

notice of dishonor in ignorance of, 3146.

of devisee before testator, 1310, 1343, 1344.

of lieir before devisor, 1399.

of husband and wife, effect on homestead, 1265.

of insurer, effect on insurance, 2556.

of joint guardian, 252.

of maker of instrument bearing nominal date, 3094.

of minor, representative may disaffirm contract, 35.

of parent leaving children unprovided for, 205.

of seamen, who entitled to wages, 2062.

without heirs, etc., definition, 1071.
DEBT. See tits. Creditor; Debtor.

agreement to answer for, etc., of another, 1624.

encumbrance included in word "debt," 1114.

extinguished by payment, 1500.

homestead liable for, when, 1241.

husband not liable for antenuptial of wife, 170.

legacy charged with, how, 1360, 1361.

liability of beneficiaries for testator's, 1377.

officers of corporation liable for, 316.

partner liquidating may collect, 2461.

partner may require application of property to, 2405.

pledgee cannot sell evidences of, 3006.

separate property of -wife

liable for her own debts, 171.

not liable for husband's debts, 171.

special partner's contribution, liability for, 2501.

stockholder liable for, when, 322.

successor liable for decedent's, 1408.

testator's property, how disposed of in payment of his
debts, 1359.
DEBTOR. See tits. Assignment for Benefit of Creditors; Cred-
itor; Frandulent Transfer.

application of general performance by, 1479.

contracts of, valid, when, 3431.

creditor can avoid act of, when, 3441.

definition of, 3429.

effect of directions as to performance, 1476.

fraudulent misrepresentations by, to pledgee, 2999.

insolvent, what is, 3450.

joint, release of one, effect, 131.

offer of performance by or for, effect, 1488.

by joint, 1474.


[References are to sections.]


performance (continued),
must be by or for, 1473.
preferences by, 3432.

receipt, may require on payment, 1499.

relative rights of creditors, 3433.

release of, by creditors, effect, 1541.

rights of, when performance prevented, 1512-1515.

assignment for benefit of creditor. See tit. AMNiiemiiient for
Benefit of Creditors.

creditor's right must be judicially ascertained, 3441.

creditors, relative rights of, 3433.

debtors' contracts are valid, when, 3431.
payments in preference, 3432.

fraud, how determined, 3442.

fraudulent transfer. See tit. Fraudulent 'I'ranNfer.

transfer presumed to be fraudulent, when, 3440.

insolvency, what is, 3450.

preference. See subd. "payments in preference," tliis title.

relative rights of creditors, 3433.

who is a creditor, 3430.

who is a debtor, 3429.

essential elements of fraud, 1572.

fraudulent, liability for, 1709.

in general, 1709-1711.

renders contract voidable, 156C.

upon the public, 1711.

what Is, 1710.

when actionable, 1709, 1710.
DECK. See tit. SIiIiih nud Slii|M>iiiK-

freight not to be stowed on, 2117.
DECLARATION. See tits. HoniOMteiul, n<-<-liiriili<>ii ..f: W IIIh.

as to generally, 1263.

by other than head of the family, IJijij.
declaration mu.^it he recorded, 1208.
declaration must contain what, 1267.
effect of filing declaration for record, 1269.
mode of selection, 1266.

contents of what, ^263.

declaration must be recorded, 1264.

tenure by which homestead held, 1265.
DECREE MSI. See tit. Divorce.
DEED. See tit. Q,ultclnlni DeedH.

Interpretation against grantor. 1069.



[References are to sections.]

DEED (continued).

interpretation of irreconcilable provisions, 1070.

interpretation of, recitals resorted to, when, 1068.

presumption as to time of delivery, 1055.

quitclaim. See tit. Q,uitclniiu Deeds.

in fact a mortgage; must be recorded as mortgage, 1172.
DE FACTO CORPORATIONS. See tit. CuriioriitiunN.
DEFaSiATIO.X. See tits. Libel; Slauder.

as to what is, 44.
DEFAULT. See tit. Divorce.

Decree of divoi'ce not allowed on, 130.

divorce not granted by, 130.

deed absolute made on is mortgage, 2925. ^


certificate of acknowledgment, action to remedy, 1201. v'

depositor must indemnify depository for, 1833.

lender must indemnify borrower for, 1835.

warranty by manufacturer against latent, 1769.

will, in description in, 141.


Master and Servant; Ne^Iisenoe.
DEFINITION. Sec tit. ^Vord.s and Phrases.

accord, 1521.

adultery, 93.

agency, 2295.

bill of exchange, 3171.

bottomry, 3294.

charter party, 1959.

collusion, 114.

condition concurrent, 1437.

condition precedent, 1436.

condition subsequent, 1438.

condonation, 115.

connivance, 112.

consignee, 2110.

consignor, 2110.

contract, 1549.

corporation, 283.

create debts, 579.

depose, 14.

desertion, 95.

detriment, 3282. „

duress, 1569.


[References are to sections.]

DEFINITION (continued),
encumbrance, 1114.
exchange, 1804.
extreme cruelty, 94.
factor, 2026.
fee, 762.
freig-ht, 2110.
freightage, 2110.
general average, 2148.
gift, 1146.
good will, 992.
grant, 1053.
guaranty, 2787.
guardian, 236.
habitual intemperance, 106.
head of family, 1261.
hiring, 1925.
holographic will, 1277.
impossibility, 1597.
income, 748.
indemnity, 2772.
insurance, 2527.
interest, 1915.
jettison, 2148.
joint interest, 683.
letter of credit, 2858.
libel, 45.
lien, 2872.
loan, 1884.
month, 14.
mortgage, 2920.
negotiable instruments, 3087.
novation, 1530.
nuisance, 3479.
obligation, 1427.
olographic will, 1277.
partnership, 2395.
personal property, 14.
pledge, 2986.
promissory note, 3244.
property, 14, 654.
real property, 14.
recrimination, 122.
respondentia, 3036.
reversion, 768.
satisfaction, 1523.
section, 14.


[References are to sections.]

DEFINITION (continued).

ship, 960.

slander, 46.

succession, 1383.

surety, 2831.

testify, 14.

transfer, 1039.

undue influence, 1575.

ward, 237.

warranty, 1763.

wilful neglect, 105.

tit. Wills.
DEFINITION OF TERMS. See tit. W^ords and Phrases.

as to generally, 14.

"month," 14.

"personal property," 14.

"property," 14.

"real property," 14.

"section," 14.

"will," 14.

of kindred, how computed, 1389.

deemed deviation, when, 2694.

how excused, 1511.

in performance of obligation, damages, 1492.

in presentment of bill of exchange, effect, 3186.
how excused, 3219.

in presentment of check, effect, 3255.

in presentment of notice of dishonor, when excused, 3156.

in protest, how excused, 3230.

insurance, notice of loss to be given without, 2633, 2637.

of carriers for hire, 2104.

of creditor does not discharge guarantor, 2825.

reasonable grounds for rebuts presumption, 126.

by minor, 33.

action to recover stock sold for, 347.

sale of stock for, 341.

of assessment of stock. See tit. Of As.sessnient of Stock.

constructive, 1059.

contract of, in writing, provisions applicable, 1626.


[References are to sections.]

DELIVERY (continued),
in escrow, 1057.
of deposit by joint owners, 1827.

demand necessary, 1823.

on demand, 1822.

where, 1824.
of freight

to holder of bill of lading-, 2130.

to whom, 2118.

where, 2119.
of gift necessary, 1147.
of goods sold

buyer's directions, 1757.

expense of, 1755.

notice of election as to mode of, 1756.
of goods sold, when to be made, 1753-1758.

where, 1754.
of grant necessary, 1054.
of pledge necessary, 2988.
presumption as to time of, 1055.
thing bought, payment for on, 1778.
time of creation of interest deemed to be on, 749.
to grantee, necessarily absent, 1056.
DELIVERY. See tits. Gift; Sale; Transfer.

as to, 1754.
DELIVERY OF STOCK. See tit. Certificates of Stock.

entry in books of corporation of stock transf.iTfl. .'^■■■' tit.
Certificates of Stock, Transfer of.
DELUSION. See tit. Wills (In.<saue Delusion).

agent to deliver to third person on, wlien, 2344.
deposit to be delivered on, 1822.

need not be delivered without, 1823.

not bound to deliver without, 1823.

to render account without, 1986.
goods sold deliverable upon, 1753.
guarantor, must be made upon, 2807.
lent thing, as to return without, 1895.

negotiable instrument, of payment to bo made, when. 3130.
of performance, how waived, 3004.

pledgee must demand before sale, 3001.
restoration of thing wrongfully taken upon. 1712.
servant to deliver without, 2014.
servant to pay over without, 2014.
thing lent to be returned without, wlien. 1895.
waiver of for performance. Imw made. 3004.


[References are to sections.]

DEPOSIT, See tit. Depositary; Warehouseman.

animals, deposit of, 1834.
by borrower. See tit. Loan.
delivery of thing owned jointly, 1827.
depositary must deliver on demand, 1822.

no obligation to deliver without demand, when, 1823.

place of delivery, 1824.
for exchange, what is, 1818.
f orv hire

as to what is, 1851.

degree of care required of depositary, 1852.

lien for storage charges, 1856.

rate of compensation for fraction of week, 1853.

stored property to be sold, when, 1857.

termination of deposit, 1854.
for safe-keeping

extent of liability for negligence, 1840.

indemnifying depositary, 1833.

injury to or loss of thing deposited, 1838.

liability for damage arising from wrongful use, 1836.

obligations as to use of thing deposited, 1835.

obligations of depositary of animals, 1834.

sale of thing in danger of perishing, 1837.

service rendered by depositary, 1839.

what is, 1817.
estray and lost property book, 1865.
finder, duty of to, 1865.

liability of, 1871.

obligations of, 1864.

publication by of thing found, 1871.

surrender of thing found to, 1871.

to notify owner, 1865.

when title to thing vests in, 1871.
for exchange, relation of parties, 1878.
found property claimant to show ownership, 1866.
gratuitous deposit, 1844.

as to what is, 1844.

degree of care required of depositary, 1846.

duties cease, when, 1847.

involuntary deposit, 1845.
indemnity to be given by depositor, when, 1833.
innkeeper with and liability of, 1859, 1860.
involuntary deposit, how made, 1815.

duty of involuntary depositary, 1816.
joint, by two or more persons, 1828.
joint delivery of to depositaries, 1827.
kinds of deposits, 1813.


[References are to sections.]

DEPOSIT (continued),
lien for storage, 1856.
loan. See tit. Loan.
loss or injury to, liability for, 1838.
money in payment of debt, 1500.
notice to owner of adverse claim, 1825.
obligations of depositary, 1822-1827.
place of delivery, 1824.
reward to finder, 1867.
safe keeping for, as to, 1817.
sale of thing found, when, 1869.

of perishable property, 1837.

of storage property, 1857.
storage. See Deposit for Hire, this title,
termination of, 1854.

thing wrongfully detained, notice by depositary to owner, 1833.
use of thing loaned, 1890.
voluntary deposit, how made, 1814.
warehousemen. See tit. Warehousemen.
DEPOSITARY. See tits. Depcsit; VVarehoiiMeinun.
adverse claim, notice by to owner, 1825.
compensation of, 1853.
creditor is, when, 1505.

duty ceases, when, 1847.
delivery by notice of adverse claim to owner, 1825.

not required before demand, 1823.

of thing owned jointly, 1827.

on demand, and when accused, 1822.

place of, 1824.
depositor must indemnify, when, 1833.
gratuitous care required of, 1846.
f«>r hire

compensation of, 1853.

degree of care required of, 1852.

finder is not, 1864.
insurable interest of. See tit. Insurable lutercHt.

as to, generally, 2550.
lien for storage, 1856.

negligence of, limitation of liability for, 1840.

Online LibraryCaliforniaThe 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 text (page 145 of 156)