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

. (page 148 of 156)
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 148 of 156)
Font size
QR-code for this ebook

hearing, time and place to be fixed for, 1248.

service of petition and order to show cause, 1248.

wlien may be had, 1245.
appraisers of

appointment of, 1249.

compensation of, 1258.

duties of, 1251.

oath of, 1250.

report of, 1252.

proceedings on, 1252-1260.

setting off homestead, 1253.
as to what consists of, 1237.
community property may be selected, 1238.
complete, when, 1265, 1269.
consists of what, 1237.
conveyance of, how made, 1242.
costs of proceedings to subject to debts, 1259.
death of spouse, descends to whom, 1265.

for what liable, 1241.

liability of for, as to, 1265.
declaration of. See tit. Declaration of Homestead.

as to contents of, 1263.

abandonment, 1243, 1244.

recording, 1264, 1268.
divorce, disposition of on, 146.
encumbered, how, 1242.

against homestead, 1245.

application for, how made, 1246.

application of proceeds of sale, 1256.

appointment of appraisers, 1249.
appraisers to be sworn, 1250.


[References are to sections.]


execution (continued).

compensation of appraisers, 1258.

costs, how paid and collected, 1259.

determining value and divisibility, 1251.

exemption from, 1240, 1241.

exemption of proceeds of sale, 1257.

money arising from sale equal to homestead exemption
protected, 1257.

notice of hearing and service of, 1248.

order directing sale, when, 1254.

petition for, where filed, 1247.

proceedings on, 1245.

report of appraisers as contents of, 1252.

setting out homestead exemption, 1253.

what bid may be received, 1255.

when not subject to, 1240.

when subject to, 1241.
exempt from forced sale, 1240.

execution sale of, 1241.
from what homestead may be selected, 1238, 1239.
"head of family." See tit. Head of Family.

definition of term, 1261.

may select, 1262.
mode of selection, 1262.
liability of, in general, 1265.
liens on, for what liable, 1241.
luuatie.s, of, proeeedings to enciiinlier »»r soil

as to generally, 1269a.

notice of application for order, 1269b.

petition for sale or mortgage, 1269a.

when order may be made for, and effect of, 1269c.
mortgage of, 1242.

for what liable, 1241.
other persons, selection of by, 1266.
recording declaration, 1264, 1268.
recording selection, 1262.
sale of. See "execution," this title.

bid which may be received on, 1255.

disposition of proceedings on, 1256.

exemption of proceedings of, when, 1257.

on execution, when, 1241.

what bid may be received, 1255.

when may be directed, 1254.
selected from what property, 1238.

acknowledgment of, 1266.


[References are to sections.]


t^election (continued),
by other persons, 1266.
from community property. See tit. Community Property.

from what property, 1238.

from wife's property, consent necessary, 1239.

mode of, 1262.
separate property may he, 1238.
tenure by, when held, 1265.
title, perfected, when, 1265.
value of homestead exemption, 1260.

presumption as to value not indulged, 1260.
what is, 1237.
what may be selected, 1238. ;

what not, 1239. '

when complete, 1265. j

who may select a homestead, 1260. \


advertisement and sale of delinquent and forfeited shares, 559.
annual report to be published, 565.

publication to be made where, 566.
by-laws must specify time for and amount of payment of
instalments, 558.

to be furnished to member on demand, 558.
corporation terminated, when and how, 563.
delinquent shares, advertisement and sale of, 559.
dividends on termination, paid when, 563.
division of property among shareholders, when, 563.
forfeit for speculating in or selling lands exceeding what
amount, 562.

penalty for violation, 562. |!

forfeited shares, advertisement and sale of, 559. ,!

married women may own stock in, 561.

may borrow and loan funds, how and for what time, 560. I

minor children, wards, and married women may own stock,

payment of premiums, 564.
penalty for failure to pay instalments, 558.
premiums, payment of, 564.
stock of, who may own, 561.
time of corporate existence, 557.
wards may own stock in, 561.

setting off, 1253, 1254.

degree of care required of by hirer, 1928.

franchise to construct road for, 524.


[References are to sections.]

HORTICULTURAL, ASSOCIATIONS. See tit. Co-operative Agrrl-

cultiiral, etc., As.sociations.
HOTEL. See tit. Innkeeper.s.

HUMANE CORPORATIONS. See tit. Societies for the Preven-
tion of Cruelty to Cliildren and Animals.
HUSBAND. See tit. Husband and Wife.
inlierits from wife, 1400.
succeeds, wlien. See tits. Comnmnity Property; Husband and

Wife; Succession.
to support, when, 176.
HUSBAND AND WIFE. See tit. Married Women.
abduction of spouse, 49.
children. See tit. Parent and Child.
community property. See tit. Community Property.
gift by husband, 172.
includes what, 164.
power of husband over, 172.
testamentary disposition of by spouses, 172.
when not liable for wife's debts, 167.
contracts bet'ween

and others, capacity to make, 158.
by husband, 158.
by wife, 158.

not impaired by their legal relations, 159.
of marriage settlement, how executed, 178.
minors may make, 181.
to be acknowledged and recorded, 179.
effect of recording, 180.
of separation, 159, 160.
respecting community property, 167.
courtesy and dower. See tits. Courtesy; Dower.
custody of children. See tit. Children.
dividends, on stock, payable to married woman, 325.

husband may fix, 103.

selecting unfit amounts to desertion, 104.
dower. See tit. Dovrer.

dwelling, neither spouse can be excluded from, 157.
earnings of wife not liable for husband's debts, 168.

when living separate and apart, 169.
enticement of wife, 49.
head of family, husband is, 156.
homestead. Se tit. Homestead.
homestead corporation, wife may liold stock in. See tit.

Homestead Corporation,

may make contracts, 158.


[References are to sections.]

husband (continued).

property of, not liable for wife's debts, when, 170.

rights and liabilities of in relation to stepchildren, 209.

rights of as head of family, 156.

separate property of, includes what, 163.

wjfe liable for support of, when, 176.
inheritance by. See tit. Succession.

inventory of separate property of wife. See tit. Separate
Property of "Wife.

filing of inventory, 166.
joint tenancy between, 161.

legitimacy of issue. See tits. Bastards; LegitimacT'.
niarriag^e settlement contracts

by minor, 181.

effect of recording, 180.

how executed, 179.

to be acknowledged and recorded, 179.
married woman. See tit. Married Women.
mutual obligations of, 155.
property interests of are separate, 157.
property of, how held, -161.
property rights of, in general, 177.
rig^Iit of Iiusband

as head of family, 156.

may select home, and wife must acquiesce, 103, 104.
rights of husband and wife governed by, what, 177.
savings and loan stock may be held by wife, 575.
separate property.

of husband. See tit. Separate Property of Husband.

of wife. See tit. Separate Property of Wife.

liable for antenuptial debts, 170.

consideration for, 160.

contract of between, 159, 160.
settlement. See "marriage settlement contracts," this title,
stepchildren, husband's duty toward, 209.
stock, married woman may transfer, 325.
support of husband, wife liable for, when, 176.

of wife, 174.

when separated from her husband, 175.
tenants in common, 161.
wife may make contracts, when, 158.

to support husband, when, 176.
tvife's earnings

her separate property, when, 169.

not liable for husband's debts, 168.

[References are to sections.]

HUSBAND AND WIFE (continued).

wife's estate. See tit. Separate Property.
wliat included in, 162.

wife's property

liable for her debts, 171.

not liable for husband's debts, 171.

wife's separate property, what included in, 162.

earnings of wife not liable for, 168.

as to generally, 1424, 1425.

definition of, 1425.

when may be carried on, 1424.

of property by wagon-road corporation, 522.

of contracting parties, 1558.
IDIOTS. See tits. Insanity; Personn of Unnonnd Mind.

law does not require, 3532.
ILLEGAL CONTRACTS. See tit. Specific Perforiiinnce.
ILLEGITIMATE CHILD. See tits. Bastard; Legitimation.

adoption of, 230.

custody and control of, 200.

succession of. See tit. Succession.

as to, 1113.

what embraces, 1114.

are void, 1441.

ascertaining consideration of, 1612.

ascertaining object of contract of, 1595.

condition void because of. 1441.

defined, 1597.

law does not require, 3531.

of performance avoid contract, 159S.

a.s ground of aiinulmont of marriage. S2.

of contingoncy, future interest, 697.
I.XC.VPACITY. See tits. Insane Persons: l'«T«nin«i >tt I nn<iiin<l

physical, ground for annulment of marriage, 82.

terminates agency, 2355.

terminates hiring, 1935.

Kerr's C. C. — 58 1825

[References are to sections.]

INCAPACITY (continued).

to consent, ground for annulment of marriage, 82.

to contract, 39, 40.

action to annul marriage for, 82.

what marriages are incestuous, 59.
INCIDENTS. See tit. Transfer.


accumulation of, 724, 733.

allowance out of, 726.

liequest of, 1366.

definition of, 748.

disposition of. See tit. Accumulations.

of property, belongs to whom, 733.

undi-sposed of, 733.

of parties to marriage. See tit. Marriage.
as to generally, 59.
INCREASE OF PROPERTY. See tit. Accession.

belongs to owner, 732.

freight not charged on natural increase of, 2139.

of hired, belongs to hirer, 1926.

of lent, belongs to lender, 1885.

pledge, of, 2989.
INCUMBRANCE. See tit. Encumbrance.
INDEMNITY. See tits. Guaranty; Suretyship.

actions to recover, 2777.

agents, acts of covered by, 2775.

agreement to indemnify, interpretation of, 2778.

bail, as to what is, 2780.

defenses to actions for recovery of, 2778.

definition of, 2772.

extends to acts of agents, 2775.

for future wrongful act, void, 2773.

for past wrongful act, valid, 2774.

how regulated, 2781.

in judgment restoring lost or burned bonds of corporation,

includes costs of defense, 2778.

interpretation of, rules for, 2778.

joint and several liability of indemnifiers with indemnified,

judgment for, conclusiveness of, 2778.

person indemnifying as a surety, when, 2779.
jointly liable, 2777.

promissory note. See tits. Negotial>le Instruments; Promis-
sory Note.


[References are to sections.]


INDEMNITY (continued).

rules for interpretation of agreement of indemnity, 2778.

several, as to, 2776.

surety, person indemnifying- is, when, 2779.

to several parties, 2776.

unlawful act, against, 2773, 2774.

wrongful act, against, 2773, 2774.
IIXDENTURE. See tits. Apprentice; Master and A|M>rcii(i<-t'.

for nuisance, 3491, 3492.
INDORSEMENT. See tits. Bills; Negrntiahle lu.struiiioiitN; Prom-
issory Notes.

agreement to indorse, 3109.

apprenticeship, of, 266.

bill of lading, 2127.

consideration, effect of want of, 3122.

definition of, 3108.

effect of want of consideration, 3122.

general indorsement, 3112.
how made special, 3113.

implied warranties of indorser, 3116.

indorsee in due course, who is, 3123.
rights of, 3124.

indorsee privy to contract, 3120.

indorsement without recourse, 3118.
effect of, 3119.

indorser liable to payee, when, 3117.

marriage certificate, of, 73.

may be made on separate paper, when, 3110.

means of indorsement, 3111.

of non-negotiable instrument. See tit. \«'«:o(lnl»It' Insfrii-

of stock. See tit. Certificate of Stock.

rights of indorsers in due course, 3124.
cannot destroy negotiability, 3115.

stock, necessary to transfer, 324.

surveyor-general's, on plat of right of w:iy, 4 7S.
INEVITABLE ACCIDENT. See tit. Rules of NavlKndon.

abandonment of, 246.

abduction of, 49.

action by, guardian must conduct, 42.

agency, cannot give, 33.

apprenticing. See tit. Mrnster niul \|ii>i<-iHl«'o.

as to who are, 25.

building and loan shares may be owned and held by, 643.

children who may be arrested and brought before court, etc.,



[References are to sections.]

contract, competency to, 1557.

rights of, 34.

validity of, 34.
delegation of power by, 34.
disafRrmance of contracts, 35.

by personal representatives of, 35.

cannot disafRrm for necessaries, 36.

limitations on, 37.

return of consideration on, 35.
en ventre. See tits. Posthumous Child; Unborn Infant.

as to rights of, 29.
exemplary damages against, 41.
guardian must conduct action by, 42.
head of family, as a, 1261.

homestead stock may be owned and held by, 561.
land and building shares may be owned by, 643.
marriage of, 57.

annulment of, 82.

condition restraining, 710.
m.arriage settlement by, may be made, 181.
necessaries, contract for by, not to be disaffirmed, 36.
period of minority, how computed, 26.
personalty not in possession, contract as to, 33.
posthumous child, property rights of, 698.
real property of, contracts by respecting, 33.
savings and loan stock may be owned by, 576.
stock owned by, how represented at corporate elections, 313.
torts of, liability for, 41.
unborn child, as to rights of, 29.
who are, 25.
I]\FORMATION. See tit. Nuisance.

as to for nuisance, 3491, 3493.
INFRINGEMENT, of trade-mark. See tit. Trade-Marks and

INHERITANCE. See tit. Succession.
injury done to, remedy for, 826.
of husband and wife from each other, 1400.
words of not necessary to pass fee, 1072.

as to generally, 3368.

allowed, in what cases, 3366, 3422.

not allowed, in what cases, 3423.
allowed, when, 3422.

court of another state, proceedings in, not stayed, 3423.
federal court, proceedings in, not restrained, 3423.
final or provisional, 3420, 3421.


[References are to sections.]

INJUNCTION (continued).

forfeiture, 3369.

grounds for granting-, 3422.

how granted, 3420.

legislative act of municipal corporation, not, 3423.

multiplicity of suits restrained by, 3422.

not allowed, when, 3423.

office, not granted respecting, when, 3423.

penal law, 3369.

penalty, 3369.

provisional injunction, as to, 3421.
regulated by code, 3421.

provisional or final, 3420.

statute, enforcement of not restrained by, 3423.

trust, in cases in relation to, 3422.

when allowed, 3422.

when not allowed, 3423.
INJURY. See tits. DaninK'<'!^: Employer iiud Eiiiployoo; ^IhmIof
and Servant; Negligence.

contract for exemption from, 1668.

inflicted in duel. See tit. Duel.

obligation to abstain from, 1708.

right to defend against, 50.

right to protection from, 43.

threat of, renders contract void, when, 1569, 1570.
INN. See tit. InnkeeperM.

as to liability of, 1859.

how exempted from liability, 1860.

lien for charges on baggage, 1861.

sale of unclaimed baggage, 1871.

to post rates of charges, 1871.

unclaimed baggage, liow disposed of, 1871.
INNUENDO. See tit. Libel.
INSANE PERSONS. See tit. PersoiiM of I iisoinnl >Ilii.l.

agency terminated by incapacity of, 2355.

as to sale or mortgage of homestead of, 1269a, 1269c.

contract, competency to make, 1558.

employment terminated by incapacity of, 1996, 1997.

guardian of, 1763.

homestead of, alienation or encumbrance of, 1269a. 1269c.

liability for torts, 40.

marriage of, annulment, 82.

necessaries of, liability for, 38.

powers of, after office found, 40.

proposal to contract revoked by Insanity, 1587.


[References are to sections.]

INSANE PERSONS (continued).

rescission of contract of, 39.

restoration, certificate of, evidence of legal capacity, 40.

stock of, how represented at corporate election, 313.

torts of, liability for, 41.

trustee, 2282.
INSOLVENCY. See tits. AssisniHent for Benefit of Creditors;

Fraudulent Trausferts; Stoppage in Transitu.

cancelation of, in general, 3412, 3414.

judgment proving, 1203.

proof of, action for, and effect of judgment, 1204.
execution of, when not acknowledged, 1195.

right to protection from, 43.
INSURABLE INTEREST. See tit. Insurance.

as to what is, 2546.

carrier has, 2548.

change of interest or succession, 2552.

cotenants, transfer between, effect of, 2557.

death of insurer, 2556.

depositary has, 2548.

exception in case of several subjects in one policy, 2555.

expectancy, 2549.

factor has, 2367.

in life, assignment to one without, effect of, 2764.

in what may consist, 2547.

insurance without interest illegal, 2551.

interest for life, 2763.

interest insured, must exist, 2552.

interest of carrier or depositary, 2548.

loss, transfer after, effect of, 2554.

measure of interest in property, 2550.

mere expectancy, 2549.

transfer, after loss, 2554.
effect of, 2553.

transfer between cotenants, effect of, 2557.

void insurance stipulations, 2558.

when must exist, 2552.
INSURANCE. See tits. Insurable Interest; Insurance Companies.

accident insurance. See tit. Insurance Corporation.
insurance by, form of policy, 2587.

assignment of life insurance policy, effect of, 2764.

assignment of thing insured to mortgagee, effect, 2541.
new contract between insurer and assignee, 2542.

carrier has insurable interest, 2548.

certificate of loss dispensed with, when, 2637.



[References are to sections.]

INSURANCE (continued).
change of interest

after loss, 2554.

between partners or joint owners, 2557.
by death of insured, 2556.
in one of several things, 2555.
in thing insured, 2554, 2557.
commissioner. See tit. Insurance Commissioner.
concealment and representations, 2561.
application of provisions of statute, 2582.
effect of concealment, 2562.
fraudulent warranty, 2569.

interest of insured. See tit. Insurable Interest.
as to, 2568.

materiality of representation, 2581.
materiality, test of, 2565.
matters each is bound to know, 2566.
matters of opinion, 2570.

matters which need not be communicated, 2564.
opinions, matters of, 2570.
waiver of communication, 2567.
what may be insured, 2531.
what must be disclosed, 2563.

in case of double insurance, 2642.
in case of over-insurance, 2620.
proportionate contribution, 2622.
definition of, 2527.
disclosed, facts which must be, 2563.

facts which need not be, 2564.
double insurance, as to, 2641.
contribution, in case of, 2642.
definition of, 2641.
events that may be insured against, 2531.
examination of premises by insured, and value fixed, 2757.
excepted perils, 2628.
exoneration of insurer, 2629.
factor may insure, 2368.

corporations to discover, etc., 453a, 453b.
double insurance, contribution, 2642.
examination of premises and fixing value, 2757.
insurance. See tit. Fire In.suranoc.
measure of indemnity, 2756.
partial loss, 2757.

property which may be insured, 426.
valued policy, 2757.


[References are to sections.]

INSURANCE (continued).

fire and marine insurance, 428.
fire companies. See tit. Insurance Companies.
fraternal societies exempt from laws of, 451, 453p.
fraud in, 2629.

fraudulent omission to communicate facts, 2569.
fraudulent warranty, 2569.
guaranty insurance, 2772-2778.
increase of risk, acts not affecting policy, 2754.
alterations which affect on, 2753.
alterations which do not affect on, 2754.
indemnity insurance, 2527.

insurable interest. See tit. Insurable Interest.
insurance of lottery or prize unauthorized, 2532.
insured, who is, 2539.

who may be, 2540.
insurer, exoneration of, 2629.
who is, 2539.
who may be, 2540.
interest covered by policy, 2568.

of insured, necessity of conamunicating, 2568.
joint owners, transfer of interest between, 2557.
kinds of, 2533.

lapsing of policies, prohibited, when, 453m.
life and health. See tit. Life and Health Insurance.
loss, 2626, 2627.

certificate dispensed with, when, 2637.
excepted perils, 2628.
incurred in rescue from peril, 2627.
negligence and fraud, 2629.
notice of, 2633.

perils of insurance, proximate and remote, 2626.
preliminary proofs of, 2634.
waiver of defects in notice, etc., 2635.
waiver of delay, 2636.
lottery not insurable, 2532.

marine insurance. See tit. Marine Insurance.
negligence, 2629.
over-insurance, as to, 2620.
parties to contract of insurance, 2538.
designation of parties, 2538.
who may be insured, 2540.
who may insure, 2539.
perils, remote and proximate, 2626.
policy. See tit. Insurance Policy.
premium, 2616.

earned, when, 2616.


[References are to sections.]


preiniuin Ccontinued).

over-insurance by several companies, 2620.
contribution, 2621.
proportion of contribution, 2622.
return of, 2617.
for fraud, 2619.
when not allowed, 2618.
reinsurance, as to what is, 2646.
disclosures require, 2647.
original insured has no interest, 2646.
presumed to be against liabilitj% 2648.
representation as to, what is, 2571.
as to future, 2574.
falsity of, 2579.
conflict of, 2580.
materiality of, 2581.
how interpreted, 2573.
how may affect policy, 2575.
representation, information, 2578.
rescission of insurance contract, 2583.
time intended by, 2577.
when may be, 2572.
when may be withdrawn, 2576.
rescue from peril, loss incurred in, 2627.
test of materiality, 2565.

what events may be insured against, 2531.
who may insure, 2539.
who may be insured, 2540.

bills for certain expenses, 453o.
INSURANCE CORPORATIONS. See tits. Fire Insiiraiu*-: lAfe
capital stock of $100,000, when, 420.
of $200,000, when, 419.
subscription to, how opened, 414.
directors liable for loss on insurance, when, 418.

as to what are, 417.
when to be declared, 417.
investment of capital and accumulations, 421, 421[a].

life insurance corporations may loan on own policies, 421,

purchase of or loan upon interest-bearing bonds, 421[a].
policies, how issued, and by whom signed, 416.
purchase and conveyance of real estate, 415.
report of officers, 421.


[References are to sections.]


subscription to capital stock, how opened, 414.
what property may be held, 415.

ground for divorce, when, 92, 107.
habitual, what is in divorce, 106.
must continue for one year, 107.
IXTEXTION. See tits. Gifts; Wills,

by language, when, 1638.

by writing, when, 1639.
compliance with, substantial sufficient, 1348.
fraudulent, a question for the jury, 3442.
general terms restricted by, 1648.
hovr ascertained

as to generally, 1637.

in revision, 3401.
inconsistent with, words which are, to be rejected, 1653.
interpretation of contract governed by, 1636.
of grantor, where grant an>biguous, 1068.
of testator

as to generally, 1317, 1370.

to be ascertained from words of will, 1318.
of trustor, necessary to creation of the trust, 2221.

grammatical construction, 1324.

technical meaning, 1327.
particular clause, subordinate to general, 1650.
revision and reformation of contract to conform to, 3399.
substantial compliance with, sufficiency of, 1348.
superior to terms of expression in written contract, when,

to be ascertained from words of will, 1318.
to be carried out, 1317.

to deceive, indispensable element in fraud, 1572.
to desert, simple separation does not show, 100.
to extinguish obligation, necessary in novation, 1531. '

to control in the interpretation of contracts, 1636.
to make ademption, writing necessary, 1351. ^

-wheu ascertained

by the language, 1638.

by the writing, 1639.
words which are inconsistent with are to be rejected, 1653.

annual rate, 1916.
as to time

as to, generally, 688.


[References are to sections.]


as to time (continued).

future interest, what is, 690.

limited interest, what is, 692.

perpetual interest, what is, 691.

present interest, what is, 689.
bequest of, 1366.
bottomry contract, rate in, 3022.
building and loan corporations, 633.
cemetery bonds, on, 611.

trustee's liability for, 2262.

when compounded, 1919.
computation of, 1917
damages, as, 3287, 3294.
definition of, 1915.
guaranty notes of mutual life insurance companies, as to on,

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 148 of 156)