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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[References are to sections.]

MARINE CARRIER. See tits. Carrier-s of GuoiIm; Carriers of

MARINE INSURANCE. See tit. Fire, Marine, and Title Insur-

abandonment, 2716.

acceptance not necessary, 2727.

irrevocable, 2729.

Is conclusive, 2728.
agents of insured become agents of insurer, 2726.
as to what constitutes, 2716.
effect of, 2724.

freightage, how affected by, 2730.
how made, 2721.
may be defeated, when, 2720.
must be unqualified, 2718.
abandonment, notice of, requisites, 2722.
omission to abandon, 2732.
other causes cannot be relied on, 2723.
refusal to accept, 2731.
requisite of notice of, 2722.
waiver of formal, 2725.
when insured rfiay abandon, 2717.
when may be made, 2719.
concealment, 2669.

concealment which only affected risk, 2672.
information must be communicated, 2669.
material information, 2670.
presumption of knowledge of loss, 2671.
definition of, 2655.
implied warranties, 2681.
of neutral papers, 2688.
of seaworthiness, 2681.

as to what is seaworthiness, 2682.

degrees of at different stages of voyage, 2685.

seaworthiness for purposes of insurance on cargo, 2687.

things required to constitute seaworthiness, 2684.

unseaworthiness during voyage, 2686.
when complied with, 2683.
insurable interest, 2659.

expected freightage, 2662.
freightage, what is, 2661.
in ship, 2659.

interest in excepting freightage, what is, 2663.
interest in profits, what may be insured, 2664.
interest of charterer, 2665.
interest reduced to bottomry, 2660.

[References are to sections.]

loss, 2701.

actual and constructive loss, 2703.

actual total loss, what constitutes, 2704.
constructive total loss, 2705.
presumed actual loss, 2706.
average loss, 2711.

insurance on cargo when voyage broken up, 2707.
cost of reshipment, 2708.
when insured entitled to payment, 2709.
partial loss, what is, 2702.
total and partial loss, 2701.
measure of indemnity, 2739.

apportionment of valuation, 2739.
arrival of thing damaged, 2742.
estimating loss under open policy, 2741.
general average. See tit. General Average.

as to contribution under, 2745.
labor and expenses, 2743.
one third new for old, 2746.
partial loss, 2737.
profits separately insured, 2738.
valuation applied to profits, 2740.
apportioned, 2739.
when conclusive, 2736.
representations, 2677.

effect of intentional falsity, 2676.
falsity, intentional, effect of, 2676.
representation of expectation, 2677.
voyage and deviation, 2692.

course of sailing, how determined, 2693.
deviations, as to what constitutes, 2694.
exonerates insurer, when, 2697.
when improper, 2695.
when proper, 2696.
voyage insured, how determined, 2692.

investment of funds of, 421, 421[a].
MARINE LAW. See tit. Ships and Sblpping.
MARK. See tit. Signature.

as signature, 14.
annulment, 83.

conclusiveness of judgment for, 86.
custody of children on, 85.
does not affect legitimacy of children, 84.
grounds for, 82.



[References are to sections.]


annulment (continued).

limitation of action for, 83.

time when action to be brought, 83.

who may sue for, 83.
birth of issue revokes will, 1298.
breach of promise, damages for. See tit. Breach of I'

of Marriage.
by minors, 56.
by whom marriage may be celebrated, or solemnized, 70.

form of celebration or solemnization, 71.

requirements of persons solemnizing, 72.
causes for annulling marriage. See tit. Divorce.
certificate of, 73, 79.

delivery of copy to parties, 73, 79.

filing with recorder, 73, 79.

marriage without, 79.

registry of, 69a.

requisites of, 72.
conditions in restifiction of, void, 710.
conflict of laws relating to, 63.

alone does not constitute, 55.

how proved, 57.

minors, of, when valid, 57.
contract in restraint of, void, 1676.
contracted without the state, 63.
custody of children where marriage annulled, 85.
declaration of

by action of court, 76.

by members of religious denomination, 79a.

how made, 75.

penalty for failure to record, 79a.

recording, 79a.

subscription to and attestation of, 76.

to be acknowledged and certified, 77, 78.
and recorded, 77.

to contain what, 76.

when may be made, 76.

where there is no record, 76.
definition of, 55.
dissolution of. See tit. Divorce.

how dissolved, 92.
divorce. See tit. Divorce.

examination, on application for license, 72.
how dissolved, 90.



[References are to sections.]

MARRIAGE (continued).

as to what is, and effect of, 59.
judicial declaration of, 80.
incompetence of parties, 59.
infants, effect on parental authority, 204.
legitimacy of cliildren

not affected by annulment of marriage, 84.
of void or dissolved marriage, 194.
as to, 69.

examination of applicant for, 69.
necessity of, 69, 72, 79.
requisites of, 69.
minors, capable of marriage, 56.
Mongolians with whites void, 60.
mulattoes with whites void, 60.
negroes with whites void, 60.
of man, effect on his will, 1299.
of whites and negroes or mulattoes, void, 60.
of woman, effect on her will, 1300.
out of state, valid, when, 63.

promise of, concealed unchastity releases from, 62.
proof of, how made, 57.
recording declaration of marriage, 79a.
release from contract, when, 62.
restraint of voids contract, 1676.

during life of spouse, 61.
void prior, annulled, 61.
settlement. See tit. Marriage Settlement,

by whom may be made, 70.
examination of applicant, 72.
form of, 71.

how made, 68. _

members of particular religious denommation, 79a.
non-compliance with statute by third person, effect of. 68.
substantial requisites, 72.
statute of frauds. See tit. Statute of Frauds.

subsequent marriage, when illegal and void, 61.
. test, validity of marriage, either party may, 78. _

unchastity, concealed, grounds for release from Promise of, 62.
validity of, to be determined and declared by court, 78.
voidable marriages, as to, 58.
void marriages, 80.

to be determined and declared by court, 80.

[References are to sections.]

MARRIAGE (continued),
what constitutes, 55.

ward, of, supersedes guardian, when, 254.
will, effect of marriag-e on previous, 1298-1300.
without a license, 79.
as to, generally, 176-181.
contracts of, how executed, etc., 176-181.
effect of recording, 180.
executed how, 178.
minors may make, 181.

may not make, 181.
to be acknowledged and recorded, 179.
effect of recording, 180.
MARRIED WOMEN. See tits. Ackno^vIedKment : WIUn.

building and loan stock. See tit. Land and nnilding Cor-
conveyance of, effect, 1187.
dividends paid to, 325.
grant and conveyance by
as to generally, 1093.
mortgage by. See tit. Mortgrage of Separate Property by

Married Woman.
power of attorney of. See tit. Power of Attorney of Mar-
ried Woman.
homestead stock, may be owned by, 561.
may hold stock in savings bank, 575.
may make, alter, or revoke will, 1273.
may transfer stock, 325.
power of attorney by, 1094.
proxy of, 325.

remedies against. See tit. Remedies A^ainNt Married Women.
savings and loan stock may be owned by. See tit. Land and

Building Corporations.
transfer of stock by, 325.

will, disposition of separate property by, 1272.
how executed and proved, 1273.

as to order of, 2899, 3433.

includes feminine and neuter, 14.

apprentice, poor and homeless minor, 268.
approval of superior court necessary, when, 265.
duty to inquire into the treatment of minor apprentices, 270.
enticing away apprentice, liability for, 275.
hearing of complaint of apprentices, 271.


[References are to sections.]

homeless minor, apprenticing of, 268.
illegitimate child may be bound by mother, 265.
incapacity of parent, trial of by jury, 267.

what to contain, 266.
jury trial of incapacity of parent, 267.
liability of apprentices for misbehavior, etc., 274.

of master for breach of covenant, 273.
master to deliver apprentice's money and other property, 269.
master to keep apprentice in state, 269.
minors may be bound, when and to whom, 264.
misbehavior of apprentice, etc., liability for, 274.
persons who may bind minor with his consent, 265.

an executor, when, 265.

his father, 265.

his legal guardian, 265.

his mother, 265.
poor minor, apprenticing of, 268.

power of court to discharge from apprenticeship, 272.
quitting business, master released from contract of appren-
ticeship, 276.
release of master moving out of state or quitting business, 276.
MASTER A>"D SERVANT. See tits. Damages; Einpluynient;
abduction of servant, 49.
account, employee to, 1946.
accounting by servant, 2014.

apprenticeship. See tit. Ma.iter anti Apprentice.
assumption of risk by servant, 1970.

for service without employment, 2078.

from successor of employer, 1998.

of employee dismissed for cause, 2002.
leaving for cause, 2003.
confidential employment. See tit. TrustN.
continuance of service after death, etc., of employer, 1998.

of employment defined, 1965.

of services limited to what time, 19S0.
damages against master. See tit. Duuiases.

for breach of indenture, 273.

of employee, 1997.

of employer, 1996, 1997.

of joint employee, 1991.
definition of servant, 2009.

delivery by employee, without demand, as to, 1987.



[References are to sections.]

discliarge of servant, when, 2015.

grounds for, 2015.

for cause, compensation, 2002.
grounds for, 2002, 2015.

of employee for his own benefit, 1979.

for reward, 1978.
of gratuitous employee, 1975.

not bound to deliver without demand, 1987.
to follow directions, 1981.
to obey employer, 1981.
employment, definition of contract of, 1965.
enticement of servant, 49.

fellow servant, liability of master for acts of, 1970.
gratuitous employee, duties of, 1975.

renewal of, 2012.
term of, 2010..

of employee, discharge for, 2000.

of employer, relation not determined by, when, 1997.
of master terminates relation, 1996.
indemnifying employee

employer not required to, when, 1970.
required to, when, 1969.
indemnity against acts of servant, contract of, 2775.
injury to servant
by third person, 49.
forbidden, 49.
joint employees, survivor's duty, 1991.
master, liability to servant, 1969.
mutual rights to protection, 49, 50.
negligence of employee
discharge for, 1990.
liability of master for, 1990.
negligence of master, liability for, 1971.
obey, employee required to, 1981.
power of attorney, 1977.

preference to be given employer's interest, 1988.
presumed to be monthly, when, 2011.
renewal of hiring, 2012.
renewal of term of employment, 2012.

definition of, 2009.
to pay over without demand, 2014.
Kerr's C. C— 59 1857

[References are to sections.]

service without employment, as to, 2078.

degree employee required to use, 1984.

degree required of employees, 2071.
substitute, employee liable for, 1989.
surviving employee, as to duty of, 1991.
term of employment, 2010, 2011.
term of liiring, 2010.
termination of relation

at will, 1999.

by death or incapacity of employer, 1996.

by employee for fault, 2001.

by employer for fault, 2000.

death of employer does not, when, 1996, 1997.

what works a, 1999.
term of service, 2013.

time of employee belongs to master, 2013.
title to things acquired by employee, 1985.
usage, employee to conform to, 1982.
MASTER, SHIP'S. See tit. Sliip.s and Shipping.
MATES AlVD SEAMEN. See tit. Seamen.

certificate by master in favor of seamen on loss of ship, 2059.
death during voyage, 2062.
definition of mate, 2048.

of seamen, 2049.
desertion of ship without cause, forfeits wages, 2063.
disabled seamen entitled to wages, when, 2060.
how engaged and discharged, 2050.
law governing seamen, 2066.

maintenance of seamen during sickness, 2061.
not bound to go to sea in unseaworthy vessel, 2051.
not to lose wages or lien by agreement, 2052.
seamen cannot ship goods, 2064.
special agreement with seamen, 2053.
theft by forfeits wages, 2063.
wages, forfeiture of, how, 2063.

not lost by wreck, when, 2058.

of seamen depending on freightage, 2054.

where voyage is broken up before departure, 2056.
when wages of mate and seamen to begin, 2055.
wrongful discharge of, 2057.

of jurisprudence. 3509-3543.

marriages may be solemnized by, 70.
may take acknowledgments. 1180. |


[References are to sections.]

MEAXDER.S. See tit. >Vaters, ItoiiiMlsiries Ry.

for bread! of contract, 3300.

breach of agreement to buy personal property, 3311.
to buy real property, 3307.
to convey real property, 3306.
to pay for personal property sold, 3310.
to sell personal property, 3310.
where not paid for, 3311.
where paid for, 3311.
breacli of carrier's obligation to deliver, 3315.

to receive goods, 3315.
breach of contract to pay liquidated sum, 3302.
of covenant against encumbrances, 3305.
of covenant of seizin, 3304. ,

of promise of marriage, 3319.
of warranty of authority, 3318.

of warranty of quality of personal property, 3313.
for special purpose, 3314.
carrier's delay, 3317.

dishonor of foreign bill of exchange, 3303.
must be certain, 3301.
f«»r \vrong.>4

breach of obligations other than contract, 3333.

as to, generally, 3333, 3334.
conversion of personal property, 3336.

application for benefit of owner, 3337.
damages for lienor, 3338.

for seduction, 3339.
injuries to animals, 3340.
wrongful holding over, 3335.
wrongful occupancy of real property, 3334.
assessments by, 592d.
by-laws of, 592c.
capital stock of, 592.
certificates of, 592.
formation and powers. 591.
organization, 591.

to acquire, use and si-11 prop, riy, 392b.
which may be conferred on trustees, etc.. 592a.
pre-existing corporations may come in under. .Mt2i>.
stockholders' rights and liabilities, 592.

as to regulation of, 3059.
homestead liable to, 1241.


[References are to sections.]

3IEETING STEAMERS. See tit. KiileN of Navisation.
"MEMBERS" AND "STOCKHOLDERS." See tit. Corporatiuns.

in co-operative corporations, 653u.
of co-operative aKTicuItiiral. etc., :i.s.soeiaUonN
as to generally, 6.")3n.
conditions of, 653p.
fee of, 653q.
qualifications of, 653p.
transfer of, 653n.
MEMORANDUM. See tits. Auetioiieer.s; Statute of Frauds.
binds parties, when, 1798.

to contain what, 1798.
declaring a trust, 2254.
of sales by auctioneer, 1798.
4»ii eoutraet «tf nale

of personal property, 1739.
of real property, 1741.
MENACE. See tit. Contract.
as to what constitutes, 1.570.
consists in what, 1570.

merchandise, warranty implied as to, when, 1768-1771.
rescission for, 1688.
MENTAL DISEASE. See tit. Wills.

not in existence, warranty as to, 1768.
of interest

destroys hiring, when, 1932.
destroys servitude, 810.

right to inspect gas, 631.

location of, 1426j.
record of location, 1426k.
MINE. See tits. Mines; Mining Corporations.
claims. See tit. Mining Claim.

affidavits of work upon and recording, 1159.
hydraulic. See tit. Hydraulic Mining.
recording notice of location of, 1159.
affidavit of work upon, 1159.
fixtures attached to, 661.
mortgage of machinery in, 2955.
notices of location, 1159.
partnership in, 2511, 2518.
3IINING. See tits. Lode Claims; Placer Clainin.



[References are to sections.]

MINIMUM CAPITAL. See tit. Corporations.

required to be paid in before incorporation, 290a.
MINING CLAIM. See tits. Location Notice; Lode r!aim.s; Placer
CIaini»i; Tunnel Right.

affidavit of work, 1159.

recorder's fee for, 1426n.
amendment of notice of location, 1426h.
certificate of, recorder's fee, 1426n.
delinquent co-o-»vners

notice to, 1426o.

payment by, 1426o.
development work, neglect to perform, 1426s.
location of

notice of, amendment to, 1426h.

recorded without acknowledgment, 1159.
mill-site. See tit. Mill-Site.
mining district, effect of statute on, 1426r.
neglect to perform yearly work, 1426s.
record of location of

copies of as eyidence, 1426q.

to be received in evidence, 1426p.
record of yearly work, 1426m.
recorder's fee, 1426n.
recording notice of location, 1159.
surveyed claims, 1426i.
yearly -work required

as to generally, 14261.

neglect to perform, effect, 1426s.

balance sheet to be kept and posted, 588.

books and balance sheets to be kept l^y secretary, 588.

liooks and papers, right of stockholders to inspprf. .'>88.

stockholder's right to inspect, 588.

certificate of consolidation, filed where, 587a.
to be signed by whom, 587a.

consent of stockholders in writing, 587a.

effect of, 587a.

election of trustees on, 587a.

limitations on, 587a.

notice must be given, 587a.

proceedings on, 587a.
discovery of ore, superintendent to report, 588.
examination of mine

as to right of, 589, 590.

effect of refusing stockholder right to make, 589, 590.

liability for refusal of right of, to stocknolders, 590.

[References are to sections.]


exniniiintion of mine (continued).
.stofkhoiders' ri^lit

to inspect l)oulis, 588.
to make examination, 589, 590.
failure of superintendent to obey orders, removal, 589.
liability of officers and directors, 590.
montl>ly account to be filed by superintendent, 588.
report attached to account open to inspection, 588.
what must show, 588.
monthly balance sheet to be verified by oath of whom, 588.
receipts and disbursements, account of to be kept, 588.
removal of superintendent in failing to obey orders, 589.
reports and accounts by superintendent, 588.
right to examine books, 589.

stockholder's right to visit mine with expert, 589.
duty of superintendent, 589.
liability of officers and directors, 590.
refusal to permit examination, damages, 590.
removal of directors for refusal, 590.
stock issued at transfer agencies, 587.
superintendent, capacity in which acts, 591.
surrender of certificate on transfer, 587.
transfer agencies of, 586.

may establish in other states, 586. |


effect of statute of 1909 on, 1426r.

contract in writing binding, when, 2519.

exists, when, 2511.

express agreement not necessary to constitute, 2512.

governed by owners of majority of shares, 2520.

lien of partners, 2514.

mine partnership property, 2515.

owners of majority of shares govern, 2520.

partnership not dissolved by sale of interest, 2516.

profits and losses, how shared, 2513.

purchaser takes subject to liens, when, 2517.

takes with notice of lien, when, 2518.
sale of interest does not dissolve partnership, 251G.
MINOR. See tit. lufnnt.

cannot disaffirm certain obligations, 37.
cannot disaffirm contract for necessaries, 36.
cannot give a delegation of power, 33.
contracts by, disaffirmance. See tit. Disafflnnauoe.

as to generally, 34.
custody of, 32.


[References are to sections.]

MINOR (continued).

liability for wrongs, 41.
may hold stock in savings bank, 575.
not liable for exemplary damages, 41.
period of minority, how calculated, 26.
personal rights, generally, 43.
status of, how changed, 28.
who are, 25.
MISDEMEANOR, to entice away apprentices. See tit. Mnsior
and Apprentice.
foreign building, etc., agent not complying with statute com-
mits, 645.
savings corporation, president of, guiltv of when 581

does not invalidate corporate instruments, when, 357.

as affecting right-to enforcement of specific performance, 3391.
disregarding erroneous parts of instrument, 1610.
either of law or fact, 1576.
in wills, 1340.'
of fact

as to what constitutes, 1577.
of foreign laws, as to, 1579.

effect of, 1579.
of law

as to what constitutes, 1578.
property acquired by, 1713.

of contract for, 1689, 3407.
specific performance, prevents, wlien. 3391.
trust arising from, 2224.
will, in, effect of, 1340.
MISTAKE OF FACT. See tit. Recovery Rack of Money I'lil.l.
MOH VIOLENCE. See tit. Strikes. Mol» Violence. E<e.
MOCK AUCTION. See tit. Auction.
MONEY. See tit. Loan.

coterminous owners bound to maintain, 841.
duty of coterminous owners in relation to, 841.
MORAL, OHLIGATION. See tit. Oliligation.

as a consideration, 1606.
MORTGAGE. See tits. Lien; >lort«:iKe of IVrsoii:il l'r<iiHri>:
Mortsase of Real Property.
adversely held, 'property may be, 2921.
as to what property may be mortgaged. 2921.
as.sigrnuieut of debt

by acknowledgment and recording. 2936.
effect of to pass security, 2936.

[References are to sections.]


a.ssi^ument of debt (continued).

record of is notice, 2934.

secured, passes mortgage, 2936.
assignment of, recording, 2934.
benevolent association, given by, 598.
bottomry and respondentia not affected by chapter on mort-

. . gages, 2942.
building and loan association may make, 640.
certificate of discharge, 2939.

by foreign executors and administrators, 2939%.

discharge of mortgage by foreign executors and adminis-
trators, 2939%.

satisfaction of mortgage, 2941.
deed absolute is, when, 2924, 292.^.
defeasance, transfer made subject to, 2925.
definition, 2920.
discbarg:e of

by foreign executors and administrators, 2939%.

certificate of, 2939.

form of, 2938.

how made, 2938.

liability for refusal to execute certificate, 2932.

of record, how, 2937, 2940.

recording discharge, 2940.
does not entitle mortgagee to possession, 2927.
duty of mortgagee on satisfaction, 2941.
encumbrance included in term, 1114.
execution by attorney under power, 2933.
execution, formalities of, 2922.

executors and administrators, foreign, discharged by, 2939%.
extends to and includes what, 2926.
factor may not make, 2368.
foreclosure. See tit. Mortgage Foreclosure.

as to, 2931.
foreign executors and administrators, discharge of by, 2939%.
form of, 2948.

of discharge, 2938.

liable for, when, 1241.

mortgaged how, 1242.

of lunatics. See tit. Honie.stead.
how discharged, 2938.
insurance on property that is, 2541.
is subject to the general law of liens, 2877.
lien of special, when, 2923.
lien on what, 292S.


[References are to sections.]

MORTGAGE (continued),
must be in writing-, 2922.
not a personal obligation, 2928.

notice to mortgager not given by recording assignment, 2935.
of chattels. See tit. Mortgage of Personal Property.
of property by wagon road corporaticjn, r)22.
on what a lien, 2926.

passes by assignment of deTit secured, 2936.
personal obligation, is not a, 2928.
possession, mortgager entitled to, exception, 2927.
power of attorney to execute, 2933.
power of sale conferred upon mortgagee, 2932.

when deemed part of the security, 858.
priority of given for purchase money, 2897.
property adversely held may be mortgaged, 2921.
property that may be mortgaged, 2947.
railroad, mortgage by, 456.
recording, as to, 1163.

in general, 295*.

of assignment of, 2934.
not notice to mortgager, 2935.

of certificate of discharge, 2939.

of defeasance, 2950.
redemption from sale under foreclosure of, 2903-29O.".

right of, 2931.
religious association, execution by, 598.
respondentia, is not subject to the law, 2942.
satisfaction, duty of mortgagee on, 2941.

as to, generally, 2942.
shipmaster's power to hypothecate, 2377.
ships, mortgage of, 2971.

recording of necessary, 2958.
statute of frauds as affecting, 2922.
subsequently acquired title, covered by, 2930.
title, subsequently acquired, covered by, 2930.
transfer made subject to defeasance is, 2925.
transfer, wheri mortgage and when pledge, 2924.
trust, an express, to mortgage real property, 857.
wagon road corporation, executed by, 522.
waste, not permitted. 2929.
writing, must be in, 2922.

right of redemption, 2931.
as to what property may be mortgaged. 2955.
certain sections not applicable to certain ships, 2971.


[References are to sections.]

continuance of lien of mortgage on crop, 2972.
distribution of proceeds of sale under process, 2970.
foreclosure, distribution of proceeds of sale under, 2970.

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