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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ORAL OBLIGATION. See tit. Statute of Frauds.
ORAL TRANSFER. See tit. Transfer.

directing sale of homestead, when made, 1254.
permitting sale of homestead of insane person, 1269c.
respecting custody and support of children in divorce, 138.

adoption of. See tit. Adoption.
apprenticing. See tit. Master and Apprentice.

committing children to, 607g.
establishment of by corporation, 595.

as to, 2300.

of banker. See tit. Banker.

as to, 3054.
of factor. See tit. Factor.

as to, 3053.
of judgment. See tit. Judgment.

as to, 3058.
of loggers, 3065.

lien ceases, when, 3065.
upon what lien subsists, 3065.
of mechanic. See tit. Mechanic's Lien.

as to, 3059.
of officer. See tit. Officer.
as to, 3057.


[References are to sections.]

OTHER LIENS (continued).

of person in charge of stallion, 3062.

action to enforce lien, 3064.

claimant must file verified claim, 3063.
of purchaser of real property, 3050.
of seamen. See tit. Senmen.

as to, 3056.
of seller of personal property. See tit. Personal Property.

agio, 3049.
of seller of real property. See tit. Vendor's Lien.

as to, 3046.

contract transferred, lien waived, when, 3047.

extent of lien, 3048.

transfer of contract waives lien, when, 3047.
of workingmen, etc., 3061.

on personal property for alteration and repairs, 3052.
on personal property for services performed, 3051.
on ships. See tit. Ships.

as to, 3060.
on threshing machine, etc., 3061.
OVER-INSURANCE. See tit. Insurance.
OWNER. See tit. Sliips anrt Sliippin^.
OWNERSHIP. See tit. Products of tlie Mind.
accumulations. See tit. Accumulations.
alien inheriting must claim witliin what time, 672.
as to, 980.

as to who is owner. 669.
conditions, 707.

precedent or subsequent. See tits. Conditions Precedent;
Conditions Subsequent.
conditions fixing time of enjoyment, 707.
future interest, when defeated, 739.

how defeated, 740.

takes effect on future happenings, when, 742.

when not defeated, 741.
joint interest, what is, 683.
modification of ownership, 678.

absolute or qualified, 678.

absolute when, 679.
of several persons, 682.

what is, 684.
property of the state, 670.
qvialified ownership, 680.

rights of owners. * See tit. Ri^lits of Owners.
several ownership, what is, 681.
suspension of restricted, 770.
termination of, 739-749.
who may own property, 671.



[References are to sections.]

(»w.m:k.ship in sKVKn.\i/rv

absolute, what is, fi79.
qualified, what is, 680.
what is, generally, 681.

abandonment of child by parent, forfeiture of guardiansliip

by, 246.
abduction of child, 49.

abuse of child by parent, remedy for, 203.
action for exclusive control of children, 199.
adoption. See tit. Adoption.

adult children, compensation for support of, 210.
allowance to parent out of child's prnpiTty for its main-
tenance, 201.
apprenticeship of child. See tit. Ma.ster aiiil AiMireiitiee.
authority of parent over child ceases, wiien, 204.
child born before wedlock becomes legitimate, when. 21.').
child's property, parent cannot control, 202.
children, action for exclusive control of, 199.

born after dissolution of marriage, 194.

support and maintenance of. See tit. Divorce.
compensation for support of adult children, 210.
custody of child

exclusive, when husband or wife may claim, 214.

in general, 194.

of annulled marriage, 84.

of illegitimate child. 200.

of legitimate child, 197."

relinquishment of, 211.

when parents are living apart, 198.

wife may obtain, when, 214.
decree in action for exclusive control of children, 199.
domicile of child, determined by parent, 213.
education of children, obligations of parents, 196.
emancipation of child, 211.

guardian for minor children, appointmriU. effect of, 20 1.
guardianship. See tit. Giiardiau iiud Wnrd.

husband not bound to support eliiUlren i.>f wife by former mar-
riage, 209.
legitimacy of cliiid

born after dissolution of marriage, 19 1.

born in wedlock, 193.

born of void or dissolved marriage. 194.

marriage works, wlien, 215.

who may dispute, 195.
legitimatized, child born out of wedlock is, by marriagre of
parents, 215.


[References are to sections.]

PARENT AND CHILD (continued).

liability for necessaries supplied to child, 207.

when not liable, 208.
marriage by infant, terminates parental authority, 204.

furnished by parent, child's agreement to pay, 206.
liability for supplied to child, 207.
parent not liable for, when, 208.
third person may furnish child with, when, 207.
necessaries, liability for, supplied to child, 207.
parent cannot control property of child, 202.
parental abuse, remedies for, 203.
parental authority, ceases when, 204.
posthumous children. See tit. Po.«*tluimoiiN Children.
reciprocal duties of parent and children in maintaining each

other, 206.
reciprocal duty to support, 206.

relinquishment of custody and services of child, 211.
remedy where parent dies without providing for support of

child, 205.
residence of minor child, parent may determine, 213.
services of child, relinquisliment of, 211.
stepfather, rights and liabilities as to, 209.
support furnished child, wlien parent not liable, 208.
Niiitport of child

enforced, when, 203.

obligations for, 196.

support, obligations of parents, 196. -«S

parent not liable for of children, when, 208. 4

where parent dies witliout providing for, 205. i

wages of minor child, who entitled to, 212. [

ward, marriage of, effect, 20. "j

wife may obtain custody of minor children, when, 214.

TAKOL CONTRACT. See tit. !!»tntiite o£ Frauds.

PAIIOL. EVIDENCE. See tit. Evidence.

PAROL OHL.1GATION. See tit. .Statute of Frauds.

PART PAYMENT. See tits. Joint Obligors; Payment.


by grantor, acceptance by principal, effect of, 2822.
effect of, 1477.

extinguishment of obligation by, 1524.
lien not extinguished by, when, 2912.

makes oral contract for sale of land valid, when, 1741.
offer of, effect, 1486.

parties, in suit for duplicate of lost, etc., certificate of stock.


[References are to sections.]


of easements, 807.

accounting by partners, 2412.

application of partnersliip property to payment of debts, 2405.

as to what constitutes, 2395.

certificate of partnership, executing- and filing, 2468.

new, to be filed on change of partnership, 2469.
change of membership, filing new certificate, 2469.
compensation for services of partner not allowed, 2413.
debts of, application of property to, 2405.
duration of partnership, 2449.
foreign partnership, style of, 2467.
formation of partnership, 2397.
general partneriihip

as to what is, 2424.

authority of individual partner, 2429.

general partner may sue and be sued, 2492.

in what business partner may not engage, 2436.

partner's acts in bad faith, ineffectual, when, 2431.

power of majority of partners, 2428.

profits of individual partner belong to firm, when, 2435.

what authority partner has not, 2430.
good faith to be observed between partners, 2411.
in what business partner may engage, 2437.
liability of partners to third persons, 2442.

for each other's acts as agents, 2443.

no liability unless held out as partner, 2445.

of one held out as partner, 2444.

power of partners after dissolution, 2458.

power of partners in liquidation, 2461.

what partners may do in liquidation, 2462.

who may act in liquidation, 24'59.

who may not act in liquidation, 2460.
losses, division of implied, when, 2404.
mining partnership. See tit. Mining PartnerMlilp.
mutual liability of partners to account, 2412.
mutual obligation of partners, 2410.
notice of change of name, 2454.
notice of termination of partnership, 2453.
partial dissolution, 2451.

partner entitled to dissolution, when, 2452.

partner transacting business must account to firm, when, 2438.
partner's share in profits and losses, 2403.
partners trustees for each other, 2410.
profits and losses, partners share in, 2403.


[References are to sections.]

PARTNERSHIP (continued),
property of, 2401.

partner may require application to debts, 2405.
partner's interest in, 2402.
ship-owners as partners, when, 2396.
what property is by presumption, 2406.
special partnership, 2477.

acknowledgment and record, 2480.
aflfiSavit as to sums contributed, 2481.
alteration and dissolution, 2509.

dissolution of and notice required, 2509.
name of special partner used, when, 2510.
new special partner may be admitted, how, 2508.
special partner becomes general, when, 2507.
certificate to be publisiied, 2483.

affidavit of publication to be filed, 2484.
certified statement. 2479.

false statements in acknowledgment, 2480.
formation of, 2477.
liability of partners, 2500.
of special partner, 2501.

of special partner for unintentional act, 2502.
who may question existence of special partnership, 2503.
of what consists, 2478.
partnership completed, when, 2482.
powers, rights, and duties of partners, 2489-2491.
business to be done, by whom, 2489.
interest to special partner, 2494.
preferential transfer void, 2496. -^

profits of, 2494. '

special partner may advise, 2490.
may loan money to, 2491.
position in case of insolvency, 2491.
transfer void where pveferential, 2496.
withdrawal of capital, 2493.
results of, 2495.
renewal of, 2485.
style of foreign partnership, 2467.
total dissolution of partnership, 2450.
use of fictitious names, 2466.
duties of those using, 2466.
what is, 684.

what property is partnership property by presumption, 2406.

what is, 684.
PARTNERSHIP PROPERTV. See tit. Partnership, Property of.

right to use wall as, 801.


[References are to sections.]

PASSENGERS. See tit. Cominun Carriers of PerHons.

damages for refusal to carry. See tit. Dainageo.

as to, 482.
duty of carrier to accommodate and transport, 481.
duty of carrier towards, g-enerally, 2100-2104.
ejection for refusal to pay fare. See tit. Ejection for \oii-
payinent of Fare.
on construction 'trains, 483.
on freig-ht trains, 483.
inside room for, 483.
payment of fare. See tit. Pare.
power of shipmaster over, 2038.
printed rules and regulations governing, 484.
refusal to pay fare, ejection, 487.
ship, power of master over passengers on, 2038.

conditions in limiting liability of carrier. 2176.
good for six months, 490.
how issued, 490.
to be provided with seats, 2185.
treatment of by carrier for hire, 2103.

lien for, 3051.
right to, 801, 802.

use of homestead as for neighbor's stock, effect. See tit.

effect of recording without acknowledgment, 11 GO.
PAWN. See tit. Pledse.

PAYMENT. See tit. Extinctlnn of Obliu^ation.
admissions of party, 1473.
agent, to, effect of, 2335.
application of, 1479.
by one of joint creditors. 1475.
by one of several joint debtors, 1474.
defined, 1478.

direction of creditor is, when, 1476.
effect on accessory of obligation of offer of, 1504.
for lionor

how made, 3205.
when made, 3203.
indemnity necessary to claim, when. 277S.
liquidating debt by, of less than due. I.'i24.
negotiable instrument. See tit. Nej;"Halile lii.«<riiiiM'iit.
made to whom, 3089, 3164.
payable to fictitious person, 3103.
obligation hoM' oxtinguislied by offc^r of. See tit. rCxtiiu-iion
of Obligatiou.


[References are to sections.]

PAYMENT (continued).

of rent. See tit. Rents, Issues and Profits.

partial payment, effect of, 1477.

payee, option as to class of, 3090.

surrender of instrument, "when a condition of, 3137.

tender and deposit, extinguish obligation, when, 1500.

stops running of interest, 1504.
to agents, 2335.
what- is payment, 1478.

tender is, when. See tit. Tender.
PENAL DAMAGES. See tit. Damages.

carrier's liability for where not starting on schedule time,

contract with a, specific enforcement, 3390.

cruelty to animals and children for. See tit. Societies for
Prevention of Cruelty to Animals and Cliildren.
as to, 607e.
damages, penal, 3344-3348.
injunction, 3369.

liquidated damages on, 1670, 1671.
not to be specifically enforced, when, 3369.
overcharging by street railway, for, 501, 504.
penal damages. See tit. Damages.
public places, denying admission to, 53.
recovery, action by purchase of franchise for, 390.
specific enforcement of contract with, 3390.
specific relief, enforcement by, not granted, 3369.
street railway, for toll-charging, 501, 505.
ticket, liability for not furnishing, 505.
surety not liable beyond amount of, 2836.
telegraph and telephone property, for injuring, 538.
tolls, unauthorized, for, 514.
treble rent on forcible detention, 3345.
trespass on wagon road corporation's property, 520.
warehousemen, liable for. when, 1858f.
as to generally, 519.
for trespass on wagon road, 520.

application of. See tit. Application.

condition precedent. See tit. Coiiditions Precedent.

when necessary of, 1439.
conditions of proposal, acceptance by, 1584.

how, 1511.
When, 1440, 1473.


[References are to sections.]

PERFORMANCE (continued).

holiday, falling on, effect, 11.

in mode directed, as to sufficiency, 1476.

joint creditors
by one, 1474.
to one, 1475.

made as directors, sufficient, 1476.

partial. See tit. Partial Performance.

payment, when to be made, 1478.

pledgee, performance on demand, 3001.

precedent conditions. See tit. Conditions Precedent.

prevented, as to effect of, 1512, 1515.

refusal of acceptance before offer, effect of, 1515.

surety, compelling by, 2846.

time for, 1657.

in insurance. See tit. Insurance.
as to, 2626.
PERILS OF THE SEA. See tit. Marine Insurance.

as to, 2199.

sale of deposits that are, 1837.

What is, 691.

as to, 715, 716.
PERSON. See tit. Evidence.

mortgage not, 2928.

accession to, as to, 1025, 1031.

acquisition, different modes of, 1001.

action, thing in, is, 953, 954.

agent's authority to sell includes what, 2323.

chattel interest is, when, 765.
defined, 953.
transfer and survivorship of, 954.

definition of, 663.

dividends made paj^able to married woman, 325.

estate at will, is, 765.

estate in, as to, 702.

gifts. See tit. Gifts.

good will is. See tit. Good Will.

includes what, 14.

interest in. See tit. Property.
as to, generally, 702.
how protected, 947.
Kerr's C. C— 60 1889


[References are to sections.]

inventions are, 980-985.
kinds of personal property, 953.
law governing, 946.
letters, personal, are, 980, 985.
lien of one who makes, alters, etc., 3052.

of vendor of, 3051.
limitation of actions as to. See tit. Statute o£ Limitations.

as to, 1007.
minor, contract of respecting, of which he has not possession,

occupancy of by title, 1006.
ownership of. See tit. O^-nerslilp.
private letters and writings, to whom belong, 985.
productions of the mind are, 980, 984.

recovery of. See tits. Claim and Delivery; Replevin.
survivorship, succession to, 954.
thing in action is, 953, 954.
title deeds are, 994.
tort, goods, right of action, 954.
transfer of

liuypr acquires better title than seller, as when, 1142.
by sale, 1136.
mode of, 1135.
must be in writing, 1135.
trade-mark is. See tit. Trade->Iark.
transfer of title under sale, 1140.
what Is, 663.

what operate as transfer, 1136.
writings, private, belong to whom, 980, 985.

protection of, 49.
PERSOXAIi SERVICE. See tits. Agents; Employer and Em-
ployee; >Jaster and Servant.
must be performed by joint obligors, 1475.
PERSON OF UNSOUND MIND. See tit. Coitraet by Person of
Unsound Mind.
contract by persons without understanding, 39-42.
powers of persons whose incapacity has been adjudged, 40.

is a servitude, 801, 802.

construction of, 13.
PILOT. See tit. Sliip.s and Shipping.

PIER. See tit. Uridge.s, Ferry, Wharf, Chute, and Pier Corpo-


[References are to sections.]


land that may be held by, 596.

change of by corporation, 321a.
procedure on change of location, 321a.
resolution of change, 321a.
PLACER CLAIMS. See tit. Mines.
location of, 1426c.
record of location of, 1426d.
PLAT. See tits. Instrument in Writing; Map.

apparent owner by one who is, 2991.

contract is to be deemed a pledge, when, 2987.

definition of, 2986.

delivery essential to validity, 2988.

debtor, misrepresentation as to value of thing pledged. 2999.

demand, waiver of, 3004.

factor, may not, 2368.

foreclosure of right to redeem, 3011.

further pledge, 2999.

gratuitoiis pledge-holder, 2998.

as to liability, generally, 2998.

exonerated, how, 2995.
in case of thing pledged, effect of, 2990.
increase of thing pledged, ownership of, 2989.
lien, acceptance of possession of thing, 2991.
lienor may pledge property, to what extent, 2990.
misrepresentation by debtor of value of thing pledged, 2999.
must enforce rights of pledgee, 2996.

obligation of for reward, 2997.
negotiable instrument, pledge-holder not exonerated, when,

notice of sale to pledgeor, 3002.

waiver of notice, 3003.
obligation of pledgee and pledge-holder for rownr.l. 'JOOT.
owner cannot defeat pledge, when, 2991.

as to who is, 2993.

gratuitous, 2998.

must enforce pledgee's right, when, 2996. 2997.

obligations of, 2995.
pledge-lender, what is, 2992.

when may withdraw property, 2994.

may foreclose, right of redemption, 3011.

may purchase, when, 3010.


[References are to sections.]


pledgee (continued),
may sell, when, 3000.

must demand performance, when, 3001.
obligations of, for reward, 2997.
sale of securities by, 3006.
real owner, pledge by apparent owner cannot be defeated

by, 2991.

auction at, 3005.

before claim is due, 3009.

demand, prior, necessary, 3001.

must be by auction, 3005.

notice of must be given to pledgeor, 3002.

of securities by pledgee, 3006.

on demand of pledgeor, 3007.

pledgee may purchase, 3010.

may retain proceeds, when, 3009.
surplus payable to pledgeor, 3008.
waiver of demand, 3004.

of notice, 3003.
when pledgee may have, 3000.
surplus to be paid to pledgeor, 3008.
transfer is, when, and when a mortgage, 2924.

of demand, 3004.
of notice of sale, 3003.
when pledgee may sell, 3000.
when pledgee must demand performance, 3001.
PLEDGEE. See tit. Pledge.

includes singular, 14.

members and officers of society for prevention of cruelty,

etc., to act as, 607f.
to aid societies for prevention of cruelty, etc., 607c.

appeal from, undertaking on, 978a.

acts avoiding policy, 2610.

policy may provide for avoidance, 2611.
agreement not to transfer, 2599.
breach witliout fraud, 2612.
definition of, 2586.
effect of receipt, 2598.
evideuee of

policy inay provide for, 2611.
what acts avoid, 2610.


[References are to sections.]

POLICY (continued).

general terms of, 2591.
insurance by agent or trustee, 2589.
insurance by part owner, 2590.
open and valued policy, 2594.

open policy, what is, 2595.

valued policy, what is, 2596.
receipt, effect of, 2598.
running policy, what is, 2597.
successive owners, 2592.
transfer, agreement not to, 2599.
transfer of thing insured, 2593.
warranties, 2603.

express or implied, 2603.

future, as to, 2608.

must be in policy, 2605.

no particular word necessary, 2604.

past or present, as to, 2606.

performance excused, when, 2609.
what must be specified in, 2587.
whose interest is covered, 2588.
POLICY OF INSURANCE, See tit. Iiisiiranoe.
POS.SESSION. See tits. Constructive Notioe: Notice.
adverse owner, transfer by, 1047.
banker's lien, is dependent on, 3054.
bottomry lien, independent of, 3027.
covenant as to, implied in letting, 1927, 1950.
damages for unlawful, as to, 3334.
factor's lien, dependent upon, 3053.
gift, of necessarj-, 1147.
lease, renewal of by continued, 1945.
legacies as to obtaining, 1363.
lien for service, dependent upon, 3051.

of purchaser, is independent of, 3051.

of vendor, is dependent on, 3049.

not entitled to usually, 2927.

when entitled to personal property, 2906.
officer's lien is dependent on, 3057.
pledge. See tit. Pledge.

not necessary there should be change of, 2988.
proceedings to secure, 792.
seamen, lien of independent of, 3056.
shipmaster, lien of independent of, 3055.
summary proceedings to obtain, 792.
transfer as security, deemed a pledge, when, 2987.
vendor's lien, independent of, 3046.


[References are to sections.]


contract must be, 1596.

■what is deemed to be, 1596.

as to transfer of, 1045.
POSTHUMOUS CHILD. See tit. Unborn Child.

as to, 698.

birtli of, future interests defeated by, when, 739.

deemed living- at time of death of parent, 1403.

entitled to take, when, 698.

property rights of, 698, 739.

succession by, 698, 1403.

unprovided for to succeed, 1306.

delegation of by minor, 33.

execution of, 860.

effect of on future estate, 781.

execution of instruments under, 1095.

knowledge of by married woman, 1094.

of married woman. See tit. Power of Attorney of Married

revocation of, 1216.

to convey realty, 1094, 1096.

to execute mortgage, 2935.

to gratuitous employee, 1094.

acknowledged, how, 1094.

as to, 1094.

husband may be attorney in fact, 1094.

when mortgag-ed, 2932.
POWER TO DEVISE. See tit. Wills.

how executed by terms of will, 1330.
POWERS. See tit. Corporations.

of co-operative agrictiltural, etc., associations. See tit. Co-
operative Agricultural, etc., Association.

of co-operative corporations, 653x.
PRECATORY TRUSTS. See tits. Trusts; Wills.
PRECATORY WORDS. See tit. Wills.
PREFERENCE. See tit. Debtor and Creditor.

in assignment for benefit of creditors, 3451-3457.

of creditors in general, 3432.
of messages, 2209.

payment in, 3432.
PREMIUM. See tits. Homestead Corporations; Insurance.



[References are to sections.]


adverse possession. See tit. Adverse PossesHlon.
as to islands, 1016.
as to title by, 1007.

what is, 689.
PRESIDING ELDER. See tit. Religrlons Corporations.

as to generally, 602.
title acquired by, 1001, 1007.

as to adequacy of damages as relief for breach of contract

to convey, 3387.
as to bill dishonored, 3135.

as to extinction of contract from cancellation, 1699.
child, relinquishment of control over, 211.
collision, on violation of rules of navigation, 970.
community property, 164.

consideration for negotiable instrument. See tit. Negotiable

as to, 3104.

in written instrument, 1614.
contract, uncertainty of, 1649, 1654.
conversion, damages for, 3336.
creditor, retaining part performance, 1477.

adequacy of relief by, 2933.

for conversion, 3336.
date of delivery. See tit. Date.
depositary, as to fault of, 1836.
divorce. See tit. Divorce.

as to residence, 129.

from lapse of time, 125, 126.
fee simple, as to passing of, 1105.
fraud repels all, 3441.
gift causa mortis, in a, 1150.
grant, as to the time of delivery, 105G.
hiring, as to. Sec tits. Hiring:; Hiring: of I'or.soiml: Ilirlim *>t

Real Property.
in certain cases in action for divorce, 125.
in joint obligations, 1422.
insurance. See tit. Insurance.

as to knowledge of prior loss, 2671.

as to representations, 2574.

as to renewal of, 1945.

as to term of, 1943.
legitimacj^ of child, as to, 193.


[References are to sections.]

PRESUMPTION (continued).

obligation being joint, as to, 1430.

on certificate of s}iipmaster favor of seamen, 2059.

origin of ambiguity in contract, as to, 1649, 1654.

partnership property, as to, 2406.

real property, as to term for whicli hired, 1943.

rebuttal of, 126.

reforniation of contract, in, 3400.

servant, as to term of hiring, 2010, 2011.


as to actual loss of, 2706.

as to managing owner's compensation. 2072.

transfer without delivery of personal property, as to fraud-
ulency, 3440.

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 152 of 156)