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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undue influeiice

as to of husband. See tit. Husband and W'Ife.
as to of trustee, 2235.

by in junction. See tit. Injunction.

of performance, as to effect of, 1511-1515.

of reducing contract to writing, enforcement, 1623.

preventive relief, as to when granted, 3274, 3366.
PREVENTIVE KEI^IEF. See tit. Injunction.

as to generally, 3420-3423.

how given, 3366.

how granted, 3420.

not allowed to enforce penalty, 3369.
PRICE. See tit. Sale.
PRIEST. See tit. Religious Corporation.

as to, 602.

bound by instrument intended to bind him, when, 2337.

for acts done under merely ostensible authority, 2334.

how affected by acts of agent within scope of authority,

liability. See Responsibility, this tit.

where exclusive credit given to agent, 2335, 2336.

notice to agent is notice to, when, 2332.

obligation where agent exceeds authority, 2333.

responsibility for negligence or omission of agent, 2338.
for wrongs wilfully committed by agent, 2339.

when bond by incomplete execution of authority, 2331.

When notice to agent is notice to, 2332.
PRINCIPAL, AND AGENT. See tits. Agent; Principal.

the word "writing" includes, 14.
PRIOR GRANT. See tit. Appropriation.


[References are to sections.]


of bottomry liens, 3028.

of different employments, 1988.

of liens

according- to their date, 2897.

upon sing-Ie and several funds, as to, 2899.

of mortgage for purchase price of land, 2898.

of record, priority as to right, 1214.

of surety's property over principal's, 2850.
PRIVILEGED CO>I3irxiCATION. See tits. Privileged l^iihliin-
tion; Slander.

enumeration of, 47.

as to what is, 47.
PROBATE. See tit. Will.

on foreign corporation, service of, 404.

property in, 980-985.

of thing hired, 1926.

effect of publication of, 983.

how far subject to ownership, 980.

joint authorship, 981.

subsequent authorship or invention, 984.

transfer of, 982.
PROFITS. See tit. Marine In.siirance.

insurable interest in, 2664.
PROFITS AND LOSSES. See tit. Part ner.Hliip.

partner's sliare in, 2403.

lireach of, damages for, 3319.
PROMISSORY NOTE. See tit. Negotial>Ie In.strumentH.

bill of exchange converted into, when, 3246.

certain instruments promissory notes, 3245.

certain sections of code applicable to, 3247.

definition of, 3244.

delay in presentment, effect of. 3248.

effect of delay in presentment. 3248.
PROMOTER. See tit. Corporations.

certificate of officer must show, what, 1200.

evidence of handwriting must prove, what, 1199.

handwriting may be proved, when, 1198.

how instrument improperly certified may be corrected, 1202.


[References are to sections.]

judgment proving instrument, 1203.

effect of, 1204.
subscribing witness must be personally known to officers,

when instrument not acknowledged, how made, 1196.
• witness must prove, what 1197.
PROOF OF IXSTRUMENT. See tit. Ackoowledgments.

of street railroads, 497, 510.

absolute ownership of, 679.
accession to. See tit. Accession.
accumulation of, 724-726.
acquisition of, modes of, 1001.
alien's right to take. See tit. Aliens.
alienation of. See tit. Alienation.

restraints on, void, 711.
alimony, liability for, 141.
alternative future interests, 696.
appurtenances. See tit. Appurtenances.
as to what is, 654.
chattel interests, what are, 765.
classes of, 657.

definition of, 685.
interests *in, 682.
what interests are, 686.
community. See tit. Community Property.

conditions. See tits. Conditions Concurrent; Conditions Prece-
dent; Conditions Sulisequent.
confusion of goods, as to effect of, 1025, 1030.
contingent interest in, what is, 695.
corporation, as to right of to acquire, 360.
definition of, 14, 654.

division of by husband and wife on separation. See tit. Hus-
band and ^Vife.
divorce. See tit. Divorce.

disposition of property, 146, 147.
enjoyment, as to fixing time of, 707.
entireties, tenants by, husband and wife are, 683.
fixtures. See tit. Fixtures.

found property, claimant of must prove title, 1871.
future estates in, quality of, 699.
future interests in
defeated how, 740.
defined, 690.



[References are to sections.]


future interest.s in (continued).
in the alternative, 696.

not void, when, 697.

two or more, 696.

vested or contingent, 693.

what recognized as, 703.
g-oo^ will. See tit. Good Will.
holding by co-operative corporations, 653x.

debts of, not liable for, 171.

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

support of, when liable for, 170.
husband and wife. See tit. Husband and Wife,

as to accumulation of, 722-733.

defined, 748.
increase of, as to ownership, 732.
interest, as to time of creating, 688-742.
inventions, as to right in, 980, 984.
in what property may exist, 655.
islands, as to ownership of, 1016.
joint interest in

as to, 683.

defined, 683.
kinds of property, 657.
land. See tit. Land.

letters, private, to whom belong, 985.
limited interest, what is, 692.
modes of acquisition, 1000.

by accession, 1000. See tit. Aeees.sion.

by exercise of the power of eminent domain, 1001.

by occupation, 1000. See tit. Occupancy.

by prescription, 1007. See tit. Prescription.

by succession, 1000. See tit. Succession.

by transfer, 1000. See tit. Transfer.

by will, 1000. See tit. Will.
occupancy, as to title by, 1006.
owner, all property has, 669.

absolute or qualified, 678.

absolute, when, 679.

classes of, 682.

definition of, 654.

of interest, as to time of creation, 688.

several interest, what is, 681.

termination of, 739-742.

time of creating, 749.


[References are to sections.]

PROPERTY (continued).

parent's support, when liable for, 201.

partnership interest in, what is, 684.

perpetual interest in, what is, 691.

personal property. See tit. Per.sonal Property.

posthumous children. See tit. Postliiinious Children,

right' in property, 698.
prescription, title by, 1007.
present interest in, what is, 689.
private writings, as to ownership of, 985.
products of the mind, ownership of, 980-985.
purchase of by co-operative agricultural, etc., associations,


interest, as to, 678.

ownership, as to, 680.
real property. See tit. Real Property.
right arising out of obligation, is property, 1458.
separate. See tit. Separate Property.

of spouses, 162, 163.
several ownership of

as to, 681.

definition of, 681.

kinds of, 682.
state *■

owns, what, 670.

right to hold as private proprietor, 669.

of ownership of, 739-742.

of tenancy at will, notice necessary, 789, 790,

interest as to, 688.

of creating ownership of, 749.
title deeds, as to, 994.
trade-mark. See tit. Trade-Mark.
vested future interest, what is, 694.
what may exist in, as to, 655.
who may own, 671.
wife, right to dispose of, 162.
writings, private, as to propertj^ in, 980-985.
PROPERTY RIGHTS. See tit. Husband and Wife.
PROPOSAL. See tit. Contract.
acceptance. See tit. Acceptance.

by performance of conditions, 1584.
communication deemed coinpleted, when, 1583.
communication of acceptance, 1582,



[References are to sections.]

PROPOSAIi (continiud).

notice of acceptance, an to necessity
revocation of, 1586.
liow made, 1587.

qualified acceptance of, 1585.

to contract, acceptance, effect of, 1582, 1585.

what amounts to an acceptance, 1582.

against restraint and injury, 43.

of personal relations. See tit. Personnl l{cl:itioiis.
as to generally, 49.

right to use force for, 50.
PROTEST. See tits. Bills; NeRotiable Instrnments.

for domestic use, implied warranty in sale of, 1775.

how construed, 5.

as to, 321b.

essential to validity of, 3211).

maximum period of, 321b.

of a married woman, 321b.
• revocability of. 321b.

void. when. 321b.

voting by

as to generally, 212.

in co-operative agricultural, etc., associations, 653p.

contracts, interpretation of, against private party, 1069, 1652.

deceit upon, as to, 1711.

grant. Interpretation of, against grantee, 1069.

nuisance. Sec tit. Nuisance.

rights of citizens in places of, .'il.

rights of citizens in places of. 5.1.

in default of bidder corporation may be piinlias. r. ^' ' ■ " " '- ■

sale at, highest l>idder entitled to purchase. 342.

lioundary by. what passes. 1112.

as to rights of citizens in. 53.

assessment notice, as to, 335.
delinquent notice of, 339.


[References are to sections.]

PUBLICATION (continued).

of products of the mind, effect on ownership, 983.

partners, names of, 2466.


of certificate of special, 2482.
of c-ljange of name, 2469.
of notice of dissolution, 24.53.
privilege, definition of, 47.
productions of the mind, as to, 980, 984.
proof on sale of corporated stock, 348.
special partnership
of affidavit of, 2484.
of notice of dissolution of, 2509.

as to, 1797.
PUNITIVE DAMAGES. See tit. Damages.
lien for, 3046.

mortg-ag-e for, priority, 2898.
PURCHASER. See tit. and Trusts.
for value and without notice, when, 856.
notice. See tits. Notice; Actual anil Constructive.
of property by co-operative agricultural, etc., associations^

of members of co-operative agricultural, etc., associations,

What is, 680.

as to in general, 1773.

damages for breach of warranty of, 3313.

of domestic provisions, 1776.

provisions, 1776.

warranty of

by manufacturer, 1768, 1769.
of goods sold by sample, 1776.
on executory sale, 1777.

warranty of, implied, 1773.

as to covenant for. See tit. Covenants.

as to generally, 1463.
implied in hiring, when. See tit. Hiring:.
in executory contract of sale, 1733.
QUO WARRANTO. • See tits. Co-operative Business Associa-
tions; Corporations.


[Referenci'S are to sections.]

QUO WARRANTO (continued),
as to generally, 358.

against co-operative business association, 54.
in relation to co-operative agricultural, etc., associations,

in relation to co-operative corporations, 653z.
proceedings thereon and respecting corporations, 315.

rigJit to admission to, damages for refusal, 54.

quality to be used by railroad, 491.

to establish rates and charges, 489.

accommodations to be sufficient, 481.

acquisition of other lands at crossings. 472.

alleys, streets, or water of city may be used, when, 472.

amount of bonds or promissory notes to be issued, 45G.

annual report to be verified, 480.

form of report, 480.
assessment and transfer of stofk, 4.'."..
baggage to be checked, 479.

damages for failure, 479.
bonds, sinking fund to pay, 457.
business, how conducted, 479.
capital stock to be fixed, 458.

certificate of payment of capital stock, l.'.O.
certificate of payment of fixed capital stuck, 459.
checks to be fixed to baggage. 479.

damages for failure to so affix, 479.
condemnation. 46S.

consolidation witli otiier r.illroad corporation;-. ■ . ...
articles of Incorporation .and consolidation, 473.
proceedings neces.sary thereto, 473.
articles must be filed, where, 473.
memorandum of ratification, 473.
method of signing articles, 473.
subrogation of new corporation. 473.
crossing through railroads or highways, acquisition of ad-
ditional lands, 472.
crossings and Intersections. 469.
damages, not liable for any certain cases, 48S.

not liabli- for killing stock, wb">n. 485.
dauutges recov.-rable by foinpnny. wIu'D. l.S.l.
damages resulting from violation «f nibn. 4S4.
directors to be elected, when, 464.
duties of corporations, 481.


[References are to sections.]

earth may be taken from state lands, 476.
ejectment. See tit. Ejection of Passengers.

elevated or underground railroads, franchise granted by
whom, 492.

petition, by whom signed, 492.
enumerated powers, 465.

grant not to embrace town lots, 475.

to accept real estate, 465.

to acquire real estate, 465.

to carry persons and freight, 465.

to consolidate with other roads, 473.

to cross, intersect, etc., other railroads, 465.

to enter upon lands to select and survey route, 465.

to erect buildings, 465.

to establish rules for management of business, 465.

to lay out roads and width of, 465.

to lease or use another road in common, 473a.

to purchase lands, timber, stone, etc., 465.

to purchase other roads not in competition, 465.

to regulate time and tolls, subject to legislation, 465.

to select and survey route, 465.

to take grant of state lands, 474.

to take wood, stone, and earth from state lands, 476.

where may construct road, 465.
forfeiture of franchise, as to, 468.

by failure to operate, 468.

exception, 468.
franchise, forfeiture of by failure to operate, 468.
highways, crossing of, acquiring additional lands, 472.
interest, limitation upon amount of, 456.
lands of to revert to state, when, 477.
leasing and using another road in common, 473a.
map and profile to be filed, 466.

must be certified, 466.
may borrow money, 456.
may change line of road, 467.

how new location to be run, 467.
may issue bonds, 456.
may sell property and franchises to other railroads, 494.

competing roads shall not be purchased, 494.

debts incurred, not relieved from, 494.

fares and tolls shall not be increased, 494.

penalty for violation, duty of attorney-general, 494.

terms and conditions of sale, 494.
motive power, what may be used, 465a.
new location of road, how to be run, 467.


[References are to sections.]

officers of, 454.

to wear badges, 488.
passenger refusing to pay fare or surrender ticket. See tit.
E}jeotion of I'a.sMengrerw.

damages for refusal to carry, 482.
penalty for failure to provide tickets, 490.
printed regulations must be posted, 484.
profile and map to be filed, 466.

must be certified, 466.
rail, quality to be used, 491.

railroads, crossing of, acquiring additional lands, 472.
rate of charges established by railroad commissioners, 489.

copies of rates to be posted, where and by whom, 489.

further publication to be made by the board of railroad
commissioners, 489.

notice of to be served, 489.
regulations of trains, 486.

action to be prosecuted by district attorney, 486.

bell to be rung, 486.

liability In damages for failure to observe statute. 486.

penalty for neglect to ring bell or blow whistle, 486.

whistle to be blown, when, 486.
room Inside passenger cars to be furnished, 483.
selection of state lands, how proved and certified to, 478.
sinking fund to pay bonds, 457.
state lands may be granted for use of corporation, 474.

grant not to eml)race town lots, 475.

selections of, how may be proved and certified, 478.
stone may be taken from state lands, 476.
street railroads. See tit. .Street KnIIronilN.
subrogation of new corporation on consolidation. 473.

entitles purchaser to what. 490.

penalty for failure to provide, 490.
time of running to ho fixed by public notice, 481.
transfer of stock. 45.'>.

not valid except. 455.
using another road In common, 473a.

wood, .stone, and earth may be taken frnm state lands, 476.
K.\II.RO.%n KE\fB. See tit. FonceM.

of agent's act, 2310-2316.
u( eon t root

void for want of consent, 1588.

voidable. 1588. 2310.
partial, becomes total when, 2311.


[References are to sections.]

RATIFICATION (continued).

prejudice of third person, not allowed, 2313.
rescission of, 2314.
void when, 2312.

action for possession of, 3375.

agent's autliority to sell includes, what, 2324.


as to, generally, 830.

by waters, 830.

by ways, 831.

right to surface and things above and beneath, 829.
effect of transfer

conveyance by owner for life or for years, 1108.

easements. See tit. Easements.

fee simple title passes, when, 1105.

grant, how far conclusive on purchaser, 1107.

grant made on condition subsequent. See tit. Condition.s
as to, generally, 1109.

grant of rents, reversions, and remainders, 1111.

grant on condition. See tit. Conditions.
when absolute, 1110.

implied covenants. See tit. Implied Covenants.
a^ to, generally, 1113.

lineal and collateral warranties abolished, 1115.

subsequently-acquired title passes, when, by operation of
law, 1106.

ways. See tits. Public Higbways; Ways.

what easements pass with property, 1104.
easements. See tit. Easements and Servitudes.
ejectment. See tit. Ejectment.
estates in. See tit. Estates in Real Property.

as to generally, 818.
general provisions as to, 755.
how governed, 755.
kinds or classes of, 658.
land. See tit. Land.

lateral and subjacent support. See tit. Lateral Support.
lime-trees, 834.
obligations of o«-ners

as to, generally, 840.

ditches, flumes, etc., liability as to, 842.
neglect to pay expenses, 843.

duty of tenant for life, 840.

monuments and fences, 841.
ownership. See tit. Ownership.


[References are to sections.]

REAL, PROPERTY (continued).
poiver. Title V, following § 871.
execution of, 860.
of appointment, effect of, 781.
rights and obligations of owners
as to, generally, 818-843.
rights and remedies on lease for life, 823.
rights as to rent. See tit. Rents.

of grantees of rents and reversions, 821.
of lessees and their assignees, 823.
of lessor against lessee and assignee, 822.
rights of tenant for life. See tit. Tenant for Life.
of tenant for j-ears. See tit. Tenant for Years.
on lease. See tit. Lease.
servitudes. See tit. Easements and Servitudes.
transfer of. See tit. Real Proiierty, Transfer of.
to one for money paid by another, 853.
trust presumed, 853.

trunks of which are wholly on land, 833.
uses and trusts. See tit. and Trusts.

as to generally, 847-871.
writ of assistance. See tit. Writ of Assi.stanee.
writ of possession. See tit. Writ of Possession.
writ of restitution. See tit. AVrit of Itestitiition.
as to, 1091.
modes of, 1091.
requisites for transfer of certain estates, 1091.

attorney in fact must execute for jirincipfi I. Sii- tit, Aiior-
ney in Faet.
as to generally, 1095.
by married woman, how acknowledged. 1093.

as to, generally, see tit. Married \Vomen.
conveyance where name of person has been changed, 1096.
form of grant, 1092.

power of attorney of married woman, liow acknowledged.
See tit. Po^ver of Attorney €>f >larrled Woman.
as to generally, 1094.
RECITALS. See tit. Deeds.

in deed when resorted to, 1068.

of location of mining claim
copies of as evidence, 1426q.
to be received in evidence, 1426p.
of marriage

as to generally. See tit. Marriagre.
of certificate of, 69a.



[References are to sections.]

RECORD (continued).

of yearly Tvork on mining claims

as to generally, 1426m.
recorder's fees, 1426m.
RECORDATION. See tit. Recording Transfers.

fees for. See tit. Recorder, Fees of.
in.striHiient deemed recorded, -^vlien

fees of, non-payment immaterial, 1171.
what instruments to be acknowledged before entitled to, 1162.
duties of, 1172.

fee for recording certificate of residence of corporation, 1163.
fees to be indorsed on instrument recorded, 1165.
RECORDING TRANSFERS. See tit. Recordation.

acknowledgment of proof of instruments. See tit. AcknoDvl-
as to, generally, 1173, 1213.
as to what may be recorded, 1158.

acknowledginent necessary to record, when. See tit.
as to generally, 1162.
certificate of residence of corporation, 1163.
certified instrument recorded, when, 1162.
:&ees of recorder to be indorsed, 1165.

judgment may be recorded without acknowledgment, 1159.
letters patent may be recorded without acknowledgment,

location of mining claim recorded without acknowledg-
ment, 1159.
mortgage to be recorded, 1163.
transfer in trust to be recorded, 1164.
conveyance defined, 1215.
conveyances to be recorded, or are void, 1214.

constructive notice, 1163.
effect of want of record, 1163.
mode of recording. See tit. Record.
books of record, 1171.
deemed recorded, when, 1170.
duties of recorder, 1172.
in what oflfice, 1169.
transfer of vessels, 1173.
recording certified copy of recorded instrument, 1218.
unlawful transfers. See tit. Unla-wful Transfers.
unrecorded instrument valid between the parties, 1217.
evidence to prove what, 365.
how kept, 365.


[References are to sections.]


other records to be kept by certain corporation, 36.5.

restoration of. See tit. KeiMHunnce; ReMtoratlon,

to contain wliat, 365.
REDEMPTION. See tits. Mortftraee Forci-IoNiircs: T«\ Snlen.

contract in restraint to, void, 28S!).

fruni foreeI<»Nure
as to, 2931, 2967.
rislit to redeem pledge, 2947.

of frsinoliiHe

from execution sale of, 392.
from lien, 2903-2905.

rifflit of can lie transferred, 1046.

transfer of right to, 1046.

when and how to be made, 791.

in action for divorce, 130.
REFORM.VTION. See tits, (out rafts: I) Is: Miirrir.l W ..iii.-ii

of contract. See tit. Contracts.

presumption as to intent, 3400.

rules for, 3401.

specific performance of afli r. 3402.
REPl'S.\I.. See tits. Dlvoroo; liiiMltniKl niwl Wifr.
REGISTRATION. See tit. R(<-oriliitioii.
REGISTRY. See tit. SliipN nnil Sliiiiplnc

of marriage certificate, 69:1.

of .slnp for voyage, 966.
REIMIll 11SE>IENT. See tit. FrniKliiU'iil 'rrjinsiiTs.
REI.XSl RANCE. See tit. IiiNiirniup.
REISSl VNCE. See tit. ReMtoriit ion.

of bonds of corporation, 329.

of lost certificates of stock, 365.

of lost private document or Instrunnnl, 3405.

of lost records of corporatiun. 365.

doctrine of as tipplicd to ai>prnpriatlon of wat>rs. 1418.

degrees of, liow computed. 1389-1393.

half-J)lood. See tit. Ilnlf-lilond.
as to right to succeed. 139 1.

husband and wife, cannot impair, 159.

succession, through illegitlni.i ' • '"*■'■

alien, succession by, 140 4.

legacies to, wln-n cliurgeable with debts. 1361.

to protect child from personal nbiiac 203.



[References are to sections.]


claims whicli are not affected by, 1542.
creditor, liow made by, 1541.
debtor, by substitution of, 1531.
obligation extinguished by, 1541.
of future intere-st
as to, 699.

extent of, generally, 1542.
of guardian by ward, 256.
of join debtors, 1543.

extinguishes obligation, 1541.
of one of several joint debtors, effect of, 1543.
RELIEF. See tits. Damage.s; Divorce; Equitable Relief; Nul-
in case of forfeiture, 3275.
preventive. See tit. Preventive Relief.
species of relief, 3274.

specific and preventive. See tits. Specific Relief and Pre-
ventive Relief.
what granted in divorce, 136.

* See tit. Corporations.

additional facts, articles to set out, 594.
amount of real estate that may be owned by, 595, 596.

friendly, etc., societies, 596.
annual report to be made and verified by directors, 597.
burial plots in grounds of may be sold, how, 598.
by-laws. See tit. By-lav»'s.

as to, generally, 599.
consolidation of debts, 605.
new articles to be filed, 605.
public notice given, 605.
friendly, etc., societies, amount of land may hold, 596.
may bond real property, 598.
may mortgage real property, 598.
may provide, what, 599.
may sell real property, 598.

member cannot transfer his membership, 601.
members admitted after corporation, 600.
notice by publication for leave to sell mortgage, etc., 598.
number of directors, 593.

religious society may become corporation sole, 602.
articles of incorporation, to set forth what, 602.
certain limitations do not apply, 602.
continuation of corporation sole, 602.
powers of, 602.


[References are to sections.]

religious society may elect directors and incorporate, 603.

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 153 of 156)