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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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what is, 762.

words of inheritance unnecessary to create, 1072.
FEE TAIL

abolished, 763.
FEES

recorder's, 1165.
FELONY

ground of divorce, 92.

limitation of action for divorce for conviction of, 124.

1804



INDEX.
[References are to sections.]

FELLOW-SERVANTS. See tit. Master and Servant.
FEMALES

attain majority, when, 25.

of fifteen years of age, may marry, 56.
FEME COVERT. See tits. Husband and Wife; Married Women.
FENCES

coterminous owners mutually bound to equally maintain, 841.

division, 801, 841.

easement, 801.

on boundary is common property, 830.

railroad, as to duty and liability respecting, 485.

tenant for life, to repair, 840.
FERRIES. See tit. Bridges, Ferry, Wharf, Clnite, and Pier

Corporations.
FICTITIOUS

name of partnership, 2466, 2467.

payee, in bill or negotiable instrument, 3103.
FILING. See tit. Corporations.

of affidavit of sale of delinquent stock, 347.

of articles of incorporation, 296.
duty of secretary of state on, 296.
erroneous, how corrected, 363 [a].

of inventory of wife's separate property, 165, 166.
FINAL JUDGMENT. See tit. Divorce.

when granted in divorce, 132.
FINDER

abandoned thing, of, 1885.

appraisement of property found, 1864.

claimant, to prove title, 1866.

duty of, 1865.

estray and lost property book, 1865.

liability of, 1871.

may put property found on storage, 1868.

reward for, 1867.

sale of property found, 1869.

surrender of thing found, 1869.

title to thing found, vests in, when, 1871.

to notify owner, when, 1865.
FINDING

claimant to prove ownership, 1866.

duty and obligation of finder, 1865.

may put thing found in storage, 1868.

may sell thing found, when, 1869.
how sale to be made, 1870.

property vests in owner, when, 1871.

thing abandoned, 1872.

to notify owner, when, 1865.

1805



INDEX.
[References are to sections.]

FINE

for cruelty to children and animals, 607b.
FINES, PENALTIES, AND FORFEITURE

in proceedings for cruelty to animals, etc., and disposition

of, 6076.
laws and ordinances relating to Are department to govern.

453b.
not to. interfere with fire department, 453a.
powers of, 453a.

right of way when running to fires, 453b.
yearly meetings of such corporations, 453c.
assessments, how collected, 453c.
fixing expenses, 453c.
notice of meeting, 453c.

payment of employees, etc., how provided for, 453c.
power of majority present, 453c.
proceedings at such meetings, 453c.
who may vote at, 453c.
FIRE INSURANCE

acts of insured subsequent to policy, 2755.
alteration increasing risk, 2753.

not increasing risk, 2754.
investment of funds of, 421, 421[a].
measure of indemnity, 2756.
total and partial loss, 2757.
value of interest in policy, how fixed, 2757.
FIRE, LIFE, HEALTH, ACCIDENT, AND 3IARINE INSUR-
ANCE CORPORATIONS
of investment of funds of, 421.
FIRE, MARINE, AND TITLE INSURANCE. See tit. Mutual
Life, Health, and Accident Insurance Corporations.
accumulation of surplus funds, 432.
amount of risk to be taken, 428.
amount to be reserved by corporations with less than $200,000

capital, 430.
capital to be paid in twelve months, 424.
certificate of capital stock paid up to be filed, 425.

within what time to be filed, 425.
dividends, from what made, reservations, 432.
funds, how invested, 420, 421[a], 427.
impairment of surplus funds, restoration, 432. f

payment of subscription, 424.
property which may be insured, 426.
reserve before dividend, as to, 429.

amount to be reserved by a corporation with less than
$200,000 capital, 430.
FIRING WOODS
damages for, 3346a.

1806



INDEX.
[References are to sections.]

FIXTURES. See tits. ApinirtcntinoeH; Landlord nnd Tenant.

appurtenances. See tit. Apiiiirteiianco.«i.
attachment to mines, are fixtures wlien, 661.
definition of, 660.
fixtures attaclied to mines, 661.
in general, 1013.
mortgage lien on, 2926.
ownersliip of, 1013.
what are, 660.

when thing deemed affixed, 660.
PLUMES. See tit. Ditclie.s, Flume:*, Etc.
FORCE. See tit. Duress.

right to use, 50.
FORCIBLE EXTRY AND DETENTION. See tils. DanuiK'-M;

Ejectment.
FORECLOSURE. See tit. Mortgage Foreelo.surc.
as to, 2932-2967.
of mortgages, 2932.
of right to redeem pledge, 3011.
FOREIGN. See tit. Alien.
bills. See tit. Foreign BilLs.
building and loan associations, 645.
corporations. See tit. Foreign Corpora* ionn.
law, mistake of, 1579.
navigation, defined, 962.
ship, defined, 963.
FOREIGN BILLS

damages allowed on dishonor, 3234.

how estimated, 3234.

rate of damages, 3235.

where expressed in foreign money, 3238.
declaration before payment for honor, 3233.
definition of, 3224.
dishonor, damages allowed on, 3234.

how estimated, 3237.

rate of, 3235.

where expressed In foreign money, 3238.
interest on amount of protested bill, 3236.
payment for honor, declaration before, 3233.
protest necessary, 3225.

by whom to be made, 3226.

how made, 3227.

notice of, how given, 3231.

waiver of, 3232.

when excused, 3230.

when to be made, 3229.

where made, 3228.

1807



INDEX.
[References are to sections.]

FORE5IG1V CORPORATIONS. See tits. Corporations; Life,
Health, Accident, and Annuity, Etc.
articles of incorporation

certified copy to be filed witli secretary of state, 408.

fees to be paid on filing articles, 409.

penalty for failure to file, 410.
certified copy of articles of incorporation to be filed, 408.
desig-nation for services, revocation of, 406.
designation of person on whom process may be served, 405.
fees to be paid by on filing certified copies of articles, 409.
foreign railroads, rights in state, 407.

penalty for failure to file certified copies of articles, 410.
proof of foreign corporation, 406.
service on secretary of state, when valid, 405.
statute of limitations in favor of, 406.
time of filing articles, 408.
FOREIGN INSURANCE CORPORATIONS
to have capital stock of $100,000, when, 420.

of $200,000, when, 419.
valuations of policies of, 447, 449.
FOREIGN LAWS

mistake of, 1579.
FORFEITURE. See tits. Appropriation; Corporations; Fran-
cliise; In.suranee Corporations, etc.
as applied to appropriated waters, 1419.
conditions involving, how construed, 1442.
contract for, of property subject to lien, 2889.
conveyance in excess of title, does not work a, 1108.
of franchise of railroad by failure to operate, 468.
of policies of insurance, 2765.

of powers of corporation, by non-user, 468, 502.
of servitude, by non-user, 811.
of street railroad. See tit. Street Railroad.
of wages of seamen, 2063.
relief in case of, 3275.
FORGETFULNESS. See tit. Wills.
FORM

of certificate of acknowledgment, 1189.

by attorney in fact, 1192.

by corporation, 1190.

by married women, 1191.
of covenant in executory contract, 1734.
of grant, 1092.

of marriage solemnization, 70.
of mortgage of personalty, 2956.
of mortgage of realty, 2948.
of notice of assessment, 335.

1808



INDEX.
[References are to sections.]

FORM (continued).

of notice of delinquency, 337.
of notice of dishonor, 3143.
of notice to quit, to tenant at will, 789.
FRANCHISE. See tits. Corporations: Wagon Road Corpora-
tions.
execution sale of, place of, 393.

duties of purchaser at, 389.
extension of corporate existence, 401.
filing- certificate or certified copy, 401.
how made, 401.
for construction of road for horseless carriages, etc., 524.
forfeiture of railroad, 468.
is property, 388.

may be sold under execution, 388.
of railroad, forfeiture by failure to operate, 468.
of street railroad. See tit. Street Railroart Co^poratl«n^!.
of telegraph and telephone companies, 537.
railroads may sell to other railroads, 494.
redemption of, 392.
redemption of, from sale, 392.
sale of

liability under same as before sale, 391.
purchaser may recover penalties, etc., 390.
purchaser to transact business of corporation, 389.
where to be made, 393.
FRATERNAL, CO-OPERATIVE SOCIETIES. See tit. lliUnnl
Benefit and Life A.ssoeiation.«*.
are within the statute, 451.
FRATERNAL CORPORATIONS. See tits. Frateriuil So<-i<Mi«-.>«;
Religious, Social, and Benevolent Coriior.it Iohn.
as insurance associations, 452a, 453.
mutual life, etc., insurance corporations, 437-452.
FRATERNAL SOCIETIES

as insurance associations, 452a, 453.
exempt from insurance laws, 451.
FRAUD. See tit. Wills.

actual or constructive, 1571.
actual fraud is what, 1572.
constructive fraud

as to what constitutes, 1573.
agent no authority to defraud principal, 2306.
as affecting right to specific performance, 3391.
as ground for annulment of marriage, 82.
by-bidding, as a species of, 1797.
constructive, as to, 1573.
constructive or actual, 1571.

1809



INDEX.
[References are to sections.]

FRAUD (continued).

contract exempting one from his own, void, 1668.
obtained by, 1568, 1569, 1572, 1573.

prevented from being put in writing througli, enforceable,
when, 1623.
deceit as an element of, 1709-1714.
desertion induced by, 97.

disregarding erroneous parts of written instrument, 1640.
on oral contract required to be in writing, 1623.
enforcement against fraudulent party, 1623.
exemplary damages in case of, 3294.
in apprenticeship, ground for annulling, 275.
in marine insurance. See tit. Marine Insurance.

valuation under, 2736.
in insurance, as to, 2629.
instrument procured through

avoided by judgment creditor only, when, 3441.
deemed obtained through, when, 1568, 1572, 1573.
power to revoke, when, 1229.
voidable, 1566.

when void against creditor, 3439.
when void against purchaser, 1227.
insurance

omission to commimicate avoids, 2306, 2310.
return of premium for, 2619.
insurer, liable for loss through, when, 2629.
intent, a question of fact, 3442.
interest as damages in case of, 3288.
marriage contract procured through, 58.

ground for annulling, 82.
pledge, value misrepresented, 2999.
rescission for, 1689.

separation produced by, desertion, 97.
specific performance, rights of affected by, 3391.
trust arising from, 2224.
trustee guilty of, in what cases, 2234.
will procured or revoked by, effect of, 1272.
FRAUD AND MISTAKE. See tits. Fraud; Mistake.
FRAUDS, STATUTE OF. See tit. Statute of Frauds.

as to, generally, 1623-1627.
FRAUDULENT CONVEYANCE. See tit. Fraudulent Transfers.
FRAUDULENT INSTRUMENTS. See tit. Fraudulent Transfers.
FRAUDULENT TRANSFERS. See tit. Unlawful Transfer.
assignment for creditors. See tit. Assignment for Benefit of
Creditors.
when void, 3457.
avoidance of, by creditors, when, 3441.

1810



INDEX.
[References are to sections.]

FRAUDULENT TRANSFERS (continued),
bottomry, delivery is, when, 3440.
chattel mortg-ag-e, 3440.
as a, 2957-2959.
delivery is, Vi^hen, 3440.
transfer without valid, when, 3442.
creditor's right to be judicially ascertained, 3441.
creditor may avoid, when, 3441.
debtor, contract of valid, when, 3431.
definition of, 3439.

delivery, necessary of personal property, 3440.
fraud, a question of fact for jury, 3442.
judicial proceedings, is, when, 3439.
lien is, when, 3440.
mutual fraud, effect of, 1228.
of realty, what is and what is not, 1227, 1228.
presumption as to, 1135.

as to in absence of delivery, 3440.
purchaser having- notice, rights of, 1227.
question of fraud, how determined, 3442.
references, valid, when, 3422.
reimbursement of purchaser, 3440.

reservation of interest in assignment for creditors, effect
of, 3457.
of power of revocation, effect of, 1229.
respondentia, delivery is, when, 3440.
ship or cargo, delivery not necessary, 3440.
special partnership, conveyance by is, when, 2496.
void, when, 3439.
voluntary transfer
is, when, 3442.
valid, when, 3442.
what transfers are fraudulent, 3439.
what transfers presumed fraudulent, 3440.
wines, delivery of not necessary, 3440.
FREEHOLD ESTATES

estate for life of a third person is, when, 766.
what are, 765.
FREIGHT. See tit. Carriers of Property.
delivery of, as to, generally, 2118-2122.
FREIGHTAGE

apportionment of by contract, 2140.
according to distance, 2142.
no objection on partial delivery, 2141.
carrier's Hen for, 2144.
consignee liable for, when, 2138.
consignor liable for, when, 2137.

1811



INDEX.
[References are to sections.]

FREIGHTAGE (continued).

definition of, 2661.

on natural increase of freight, 2139.

freight carried further than agreed, 2143.

when to be paid, 2136.
FRIENDLY, ETC., SOCIETIES. See tit. Religious, Social, and
Benevolent Corporations.

amownt of land that may be held by, 596.

as insurance associations, 452a, 453.

limitation of amount of land, 596.
FRUIT-TREES. See tit. Trees.
FURTHER ASSURANCE. See tit. Covenants.
• covenant for, 1733.
FUTURE CONTINGENT ESTATES

how created, 773.
FUTURE CROP. See tit. Chattel Mortgage.
FUTURE ESTATE

contingent, how created, 773.

rights of owner of easements, 808.

what is, 767.
FUTURE INTEREST

as to what is, 690.

certain future interest not to be void, 697.

classes of, 693.

contingent interests, 695.

how defeated, 740.

lien on, 2883.

perishable property, how protected, 947.

taking effect on happening of contingency, 742.

two or more future interests, 696.

vested interests, 694.

void when suspends power of alienation, 716.

what are recognized, 703.

what is, 690.

when defeated, 739.

when not defeated, 741.
GAME

as to right to take. 801, 802.
GAMING

insurance of void, 2558.
GAS CORPORATIONS. See tit. Corporations to Furnish Light
and Heat.

application for gas to use, 629.

deposit as condition for furnishing, 630.

Inspection of meters

agent of corporation may inspect, 631.
refusing, liability for, 631.

1812



INDEX.

[References are to sections.]

GAS CORPORATIONS (continued).
refusal

to furnish gas, penalty for, 629-630.
to pay for gas, shutting off, 630a.
right to inspect, 631.
GENDER

of words in code, 14.
GENERAL, AVERAGE. See tit. Marine Insurance.
adjusted how, 2152.
application of rules, 2155.
as to, 2744.
definition of, 2148.
goods stowed on deck of ship, 2154.
in general, 2148-2155.
insurance, free from. 2711.
jettison. See tit. Jettison.
loss, how adjusted, 2152.
how borne, 2151.
manager may adjust, 2388.
marine insurance, liable for. See tit. Marine Insurance.

as to, generally, 2707, 2743.
shipmaster may adjust, when, 2388.
things stowed on deck, 2154.
values, how ascertained, 2153.
GIFT IN VIEW OF DEATH. See tit. Gifts.
GIFTS. See tit. Wills.

ademption of legacy, when, 1357.
causa mortis
defined, 1149.
effect of will on, 1152.
is legacy, when, 1153.
presumed, 1150.
revocation of, 1152.
community property of, 172.
definition of, 1146.
delivery essential, 1147.
effect of will upon gift, 1152.
fraud in, what is, 1149.
how made, 1147.

in view of death. See "Causa Mortis," this title,
made how, 1147.
not revocable, when, 1148.

presumed to be in view of death, when, 1150.
revocation

as to, generally, 1151.

bona fide purchaser, effect on, 1151.

causa mortis gift, 1151.

1813



INDEX.
[References are to sections.]

GIFTS

revocation (continued),
how made, 1147.
in view of death, 1150.
not revocable, when, 1148.

subscribing- witness, may be made to, 1282, 1283.

to subscribing witness to will, 1282.

treated as leg-acy, when, 1153.

when presumed to be in view of death, 1150.
GIRLS. See tit. FemaleM.
GOOD FAITH

advance made in, by agent, indemnification, 2344.

agent bound to act in, when, 2343.

offer of performance must be made in, 1493.

partner

highest required of, 2411.

when bound by act not made in, 2431.

principal bound to person acting in, 2334.

trustee must act in highest, 2228.

what constitutes, 15.
GOOD WILL

is property, 655, 993.

of business, 992.

partner cannot dispose of, 2430.

sale of in restraint of trade, 1673, 1676.

subject of ownership, 655.

warranty on sale of, 1776.
GOOD W^ILL AND NAME

is property, 993.
GOOD WILL OF BUSINESS

transfer of, 993.
GRACE. See tit. Days of Grace.
GRANT. See tits. Conveyance; Transfer.

mortgage not a, 1054.
GRANT OF REAL PROPERTY

form of, 1092.
GRANTOR

interest remaining in grantor of express trust, 866.

name of changed, how to execute, 1096.

of trust property, title of, 865.
GREATER

contnins less. 3536.
GROWING CROPS. See tit. Mortgage of Personal Property.
GUARANTY

acceptance of, 2795.

alteration of agreement, 2821.

consideration necessary to create, 2792.

1814



II



INDEX.
[References are to sections.]

GUARANTY (continued),
collectibility, as to, 2800.
conditional, as to liability on, 2808.
construction of, how made, 2806.
continuing guaranty, 2814.

as to what is, 2814.

revocation of, 2815.
deemed original undertaking, when, 2792.
definition of, 2787.

delay of creditor does not discharge guarantor, when, 2823.
disability of principal, effect on, 2810.
discharge of prinicpal by operation of law does not discharge

guarantor, 2825.
enumeration of original, 2794.
exoneration of guarantors, 2819.

what dealings will exonerate, 2819.

void promise does not alter or repair remedy, when,
2820.
factor del credere, 2794.
guarantor indemnified not exonerated, 2824.

liability of does not exceed that of principal, 2809.
illegal contract, no liability on, 2810.
incomplete contract, effect of, 2799.

indemnified guarantor, alteration of contract, effect, 2824.
indorser has rights of guarantor, 3120.
interpretation of, 2799.

liability upon such guaranty, 2802.

of complete contract, 2794.

recovery upon such guaranty, 2801.

that obligation is good or collectible, 2800.
knowledge of principal not necessary, 2788.
letter of credit

as a, 2862, 2863.

may be continuing, 2864.
liability of guarantors, generally, 2807.

construction of, 2806.

upon guaranty of conditional obligation, 2808.

upon guaranty of payment of performance, 2807.
must be in writing, 2793.
of the guarantor cannot exceed that of principal, 2809.

guarantor not liable on illegal contract, 2810.
original

enumeration of, 2794.

when deemed an, 2794.
part performance, 2822.
principal's contract void, effect on, 2810.

disability, no effect on guaranty, 2810.
1815



INDEX.
[References are to sections.]

GUARANTY (continued).
release of

as to, 1543.

by altering principal's obligation, 2819.

by impairing remedies against principal, 2819.

delay of creditor does not work, when, 2823.

discharge of principal by law does not affect a, 2825.

effect of by performance as a, 2822.

void promise does not work a, 2820.
reduced by partial performance, 2822.
revocation of continuing, 2815.
rescission of agreement, 2821.
surety's rights those of guarantor, 2844.
time when liability accrues on, 2807.
unconditional, as to, when is, 2806.
what is, 2787.
writing, must be in, when, 2793.

need not be in, when, 2794.
GUARDIAN AND WARD
ad litem guardian, 42.
appointment by court, 243.
appointment by will, 241.
apprenticing ward, 265.

confidential relation of guardian and ward, 250.
custody of ward's person, rules for awarding, 246.
damages for holding over, 3335.
death of joint guardian, 252.
definition of, 236.

of general guardian, 239.
discharge of guardian of minor, 257.

when entitled to, 257.
duties of guardians of the person, 248.
duty of guardian of the estate, 249.
general guardian, what, 239.
guardian

ad litem, 42.

under direction of court, 251.

appointed by parent, how superseded, 254.
by will or deed, 241.

death of joint, 252.

defined, 236.

discharge, entitled to, when, 257.

dissolved, by what, 256.

general, defined, 239.

rules for appointing, 246.

of estate, 242.

of insane persons. See tit. Insane Persons.
1816



INDEX.
[References are to sections.]

GUARDIAN AND WARD
guardian (continued).

parental authority ceases on appointment of, 204.
removal of, grounds for, 253.
special and general, 238.
special, what is, 240.
under direction of court, 251.
what, 236.
guardian ad litem, 42.

under direction of court, 251.
guardianship, dissolved by what, 256.
joint guardian
as to, 252.
death of, 252.
jurisdiction, 245.
kinds of guardians, 238.

parental authority ceases on appointment of guardian, 204.
power of guardian appointed by court, 247.
relation confidential, 250.
release of guardian by ward, 256.
removal of guardian, 253.
rules for awarding custody, 246.
special guardian, what, 240.
special or general, 238.
stockholder, guardian as, 322.
superseded,, how guardian is, 254.
suspension of power of guardian, 255.
testamentary guardian, 241.
Tvard

definition of, 237.

may own stock in what corporations, 561.
release by, 256.
GUEST. See tit. Innlteepers.
HABITUAL INTEMPERANCE. See tit. Divorce.

divorce granted for, when, 92, 107.
HALF-BLOOD

relatives of, as to, 1394.
HANDWRITING

evidence of must prove what, 1199.
of subscribing witness may be proved, liow, 1198.
HEAD OF FAMILY. See tit. Homestead.
defined, 1261.
husband as, 156.
HEALTH INSURANCE CORPORATIONS. See til. MiiOinl Mfo,

Healtii, and Accident Innurnnce Corporntlon.H.
HEIR. See tits. Succes-sion: WordM and I*bra«e«.

conveyance of good, unless will proved within four years,
1364.

1817



INDEX.
[References are to sections.]

HEIR (continued).

interpretation of, 1071, 1329.
legitimacy of, who may dispute, 195.
of minor, may disaffirm contract, 35.
of tenant for life take as purchasers, when, 779.
word "heirs" not necessary to pass fee to devisee, 1329.
HIGHWAY. See tit. Wagon Road Corporation.s.
conveyance bounded by, passes wliat, 1112.
owner's title presumed to extend to center of, 831.
railroad crossing, to acquire land, how, 472.
see tit. Public Highivays.

teleg'raph and telephone companies may use, 536.
water company, not to obstruct, 551.
HIGHWAYS AND PUBLIC ROADS

no tolls to be charged on, 515.
HIRING. See tits. Hiring; of Per.sonal Property; Hiring of
Real Property.
apportionment of hire, 1935.
as to what is, 1925.
care required of hirer, 1928.
charter party

definition of, 1959.

master may enter into, 2376.
definition of, 1925.

degree of care required of hirer, 1928.
expenses

extraordinary, 1957.

ordinary, 1956.

who must bear, 1956, 1957.
hirer may terminate hiring, 1932.
hiring terminates, when, 1933.
injuries to be repaired by hirer, 1929.
letter

obligations of, 1955.

to put thing in fit condition, 1955.
lodgings for indefinite period, 1944.
particular use, 1930.
possession of thing hired, 1927.
products of thing hired, 1926.
quiet enjoj'ment, 1955.
quiet possession, 1927.
real property. See tits. Hiring of Real Property; Landlord

and Tenant.
repairs, letter to make, 1955.
return of thing hired, 1957.

place of return, 1958.
ships, hiring of, 1959.

1818



INDEX.
[References are to sections.]

HIRING (continued).
terminated

by death, etc., of eitlier party, 1934.
by destruction, 1933.
by letter, 1931.
when, 1933.

terminating hiring by letter, 1931.

thing lent for a particular use, 1930.
HIRING OF PERSONAL PROPERTY. See tits. Hiring; Hiring
of Real Property.

charter party, what is, 1959.

extraordinary expenses, 1957.

obligations of letter, 1955.

ordinary expenses, 1956.

return of thing hired, 1958.
HIRING OF REAL PROPERTY. See tit. Hiring.

attornment. See tit. Attornment.
to stranger, 1948.

dwelling to be made fit for its purpose by lessor, 1941.

fixtures. See tit. Fixture.s,

fraud. See tit. Fraud.

lessee may make repairs, when, 1942.

lessor to make dwelling fit f-or its purpose, 1941.

letting parts of room forbidden, when, 1950.

notice to quit, 3344.

rent is payable, when, 1947.

of lodgings for indefinite term, 1944.

renewal of lease by continued possession, 1945.

tenant must deliver notice served, when, 1949.

term of not limited or fixed, 1943.
HOLDING OVER

damages for wilful, 3335, 3345.
HOLIDAYS

certain acts not permitted on, 11.

enumeration of, 7.

exclusion and inclusion in computation time. See tit. Com-
putation of Time.

falling on Sunday, 10.

performance on following day, 11.

what are within meaning of code, 7.
HOLOGRAPHIC. See tits. Olographic Will; AVills.
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to be selected by husband, 103.

unfit, abandonment of wife by liusband, when, 104.
HOMESTEAD. See tit. Homestead Corporations.

abandoned, how, 1243.

1819



INDEX.
[References are to sections.]

HOMESTEAD (continued).
abandonmeiit

declaration of, 1243.

effectual from what time, 1244.
acknowledgment on conveyance or encumbrance of home-
stead, 1242.
alienation of lioniesitead

of insane persons, 1269a.

notice of application for order, 1269b.
petition for, 1269a.

when order may be made and effect of, 1269c.
appraisement of

and division of, 1251.

application for, how made, 1246.

filing petition for, 1247.



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