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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QR-code for this ebook lands are properly of. 670.

grant of railroad of. 47-i.

wood and earth may be taken from, by railroad. %\ lien. 176.
STATEMENT. See tlt.«. Mitel: i>rivlleu:e<l < -<Mniooiileii«loii : Slan-
STATION'S. See tit. UallroatiH.
.ST.ATtTE. S«-e tit. Conitt rn<-l Ion of siinmo.

code, continuation of, .'..


[References are to sections.]

STATUTE (continued).

construction to be liberal, when, 4.

injunction restraining enforcement not granted, 3423.

private, effect of code on. 20.

repeal of, by enactment of code, 20.

retroactive, code not, 3.

revival of, code does not work by repealing other statutes, 20.

agency, contract of, as to, 2309.

agent, employment of within, when, 1624.

assignment for benefit of creditors, effect of on, 3458.

as to, in general, 1624.

as to what instruments are required to be in writing, 1624.

auctioneers' memorandum. See tit. Auctioneers.

effect of written contract, 1625.

guaranty, within, 2793, 2794.

lease within, when, 1624.

manufacturer, contract of. witliin, 1740.

marriage. See tit. Marriag-e.

mortgage is within, 2921. ■»


contract within, when, 1622.
transfer bj', when, 1052.

real estate broker within, 1624.


contract for sale of within. 1741.
controlled by, 1624.

sales, as to when within, 1624, 1739.

ship, transfer of interest is within, 1135. •

specific performance, effect of on, 3338.

suretyship, when within, 1624.

trust, transfer on within, 1135.

wills, as to requirements of writing, 1624.

wine, sale of not witliin, 3440.
STATUTE OF LIMITATIONS. See tit. Limitations of Actions.
STEAMERS MEETING. See tit. Rules of Navigation.
STEPFATHER. See tits. Adoption: Husband and Wife.

rights and liabilities of respecting stepchildren, 209.
STOCK. See tits. Certilicates of Stock; Stockiiolders.

how issued, 323.

purchased by corporation, disposition of, 344.

sale of to be recorded, 3440.
STOCKHOLDER. See tit. Stockholders' Meetings.

certificate of stock. See tit. Certificate of Stock.

corporation liaving no capital stock, member liable individu-
ally, 322.


[References are to sections.]

STOCKHOLDER (continued).

creditors may institute joint or several actions, 322.

liability determined by amount of stock, 322.

liability of, 322.

how determined, 322.

of foreign corporation, liability of. 322.

paying proportion of debt released, 322.

released, when, 322.

stock held as collateral security or by trusli-i-, holder not
liable, 322.

suit against may be joint or several. 322.

term "stockholders," definition of, 322.

trust funds in hands of guardian or trustee not lialile, 322.
ST(>f'KHOI,»KUS' >1F:KTI.\(;

proxies, when void, 321b.

essentials to validity of. 321b.
maximum period of, 321b.
revocable, 321b.

who may vote at. 321b.
.sTOi,K\ <;<)<)ns. See tit. Sale.

as to generally, 3076.

how stoppage effected. 307;i.

in general. 3076.

insolvency of consignee, what constitutes. 3077.

.seller may stop, when, 3076.

stoppage, effect of, 3080.
how effected, 3079.

transit, when ended, 307S.

when consignor may stop. 3o7t;.
.ST<)K.\r;R. See tits. IlopoMitt » iir«-liuu«eiii<Mi.

as to what constitutes, IS.'il.

care, degree of ret|ulred, 1S52.

carrier, placing freight on. 2120.

compensation for, 18,'>3.

Under, right to put thing in .storage, 1S6S.

how to be terminated, lN."i4.

sale of unclaimed baggage, to pay, isr.j.
STOWACiK. See tils (iirrlrm of rr«i|t«T«v: sliipx iin'l •«lil|>i>iiiK.

as to, 2117.

on deck, 21. '".•4.
.oiTHANCiKlt. See tits. < ont nieis: t tlill-iiil Ioiih.

attornrn.iit to. 194S.

grant Mi:iy Inure for llic Ix-nellt of, \\ b>ii. I'is.'i.
STII.\TA(;K>I ok KHAI ll. See tit. DIvoroT'.

separ.Mtlon produced by desertion, '.•7.
STUEAM. See tit. Untem.


[References are to sections.]

STKEET RAILROAD. See tit. Street Railroad Corporations.

cars of to be modern in construction, 501.

city's riglit to improve street, etc., reserved, 507.

code sections applying to, 510.

crossing's, obstruction of, in making, 500.

elevated, as to, 498.

grants to not to be made near election, 497.

license tax on, 508.

municipality, regulations respecting, 503.

owned by natural person, 511.

passengers on. See tit. Carriers and Coniiiion Carriers of

penalty for overcharging, 504.
rates of fare. See tit. Fare.
right of way, restrictions on, 498.

ticket. See tit. Ticltet. •

time within which to be completed, 502.

authority to lay, how obtained, 497.

for grading purposes, time to remain, 509.

imposing restrictions on laying, 497.

to be laid, how, 498.

two lines may use same, when, 499.
agency of person collecting fares, proof of, 506.
cities and towns may make regulations, 503.
crossing tracks already constructed, 500.
franchise of, 497.
law governing, 510.
license to be paid municipality, 508.
limitations and restrictions, 497, 498.

obstructions must not extend more than one block, 500.
overcharging, penalty for, 504.
propelling power, 497.
rates of fare, 501.

penalty for violation, 501.
reserved rights, 507.
tickets must be furnished by, 505.

penalty for failure to comply, 505.
time allowed

extension of time, 502.

failure to comply, forfeiture, 502.

authority to lay, how obtained, 497.

extent to which may be used, 499.

for grading purposes, 509.


[References are to sections.]

truck (continued).

imposing restrictions on laying, 497.
manner of laying, 498.
motive power, 509.
time may remain, 509.

two lines of street railroad may use same, 499.
to be laid how, 498.
STRIKKS, MOB VIOI.EIVCE, ETC. See tits. C'oiiiiiioii CarrierN;

SUBAGENT. Sec tit.s. AKTont; Ma.ster ami StTvaut.
liability of, as to, 2022.
of factor, 2367.
represents principal, 2351.

rightfully appointed represents principal, 23.")1.
unnuthorized employment of, 2350.
wIkii may be appi)int<'(l, 23.")1.

tits. Infant; Minor.

nia>' be issued by officer taking acknowledgment, 1201.

of creditor of securities held l)y surety, 2S54.
of insurer. See tit. Marine In.siiranoe.
of lienor, right to, of inferior lienor, 2904.
of new corporation on consolidation of railroads. 473.
of redemptioner, 2903.
of security, 2848, 2849.

eiiiployt^e's liability for, 1989.
SL'CfESSKJX. See tit. Wordi* ami IMirns»-.s.
advancements. See tit. .\<i\aiu'eiiieii«s.

constitute part of dlslributivi: share, KiOfi.
definition of, 1397.

to heir wlio dies before decedent, 1399.
value of, how determined, 1398.
when too much or not enough, 139r..
aliens. See tit. .Vllenn.

may Inherit, when and how. 1404.
ascending line, succi'Ssion by, 1391.
by representation. 1403.
children, rights vest in, when, 1403.
collateral line, succession by. 1390.

community i>niperty. See tits. Coiniiiiiiiii > rr.ii(.Ti>: lln-*-
lianil and WIfr.
distribution on d.ath of husband, 1402.
on death of wife. 1401.


[References are to sections.]

SUCCESSION (continued).

deceased person, succession to, and distribution of, property,
cliildren of, 1386.
decedent a widow or widower leaving no cliildren, 1386.
leaving no husband, wife, or kindred, and there are no

heirs, 1386.
leaving a surviving husband or wife, but neither issue,

father, mother, brother, sister, nor children, 1386.
leaving child who dies under age, not having married, 1386.
leaving neither issue, husband, wife, father, mother, brother,

nor sister, 1386.
leaving several children, or one child and the issue of one
or more, 1386.
definition of, 1383.

degrees of kindreds. See tit. Ivin«Ired (degree of, how com-
as to, 1389.

ascending and descending line, 1391.
collateral line, 1390.
direct line, 1392.
descending line, succession by, 1391.
escheat. See tit. Escheat.

subject to charges as other property, 1407.
estate of intestate, to whom passes, 1384.

illegitimate child to inherit in certain events. See tit.
Illegitimate Cliild.
as to generally, 1387.
illegitimate children inherit, when, 1387.
inheritance by representatives, 1403.

of husband and wife from each other, 1400.
murderer of decedent not to succeed, 1409.
not claimed, proceedings where, 1405.

person convicted of murder of decedent not to succeed, 1409.
personal representatives, 1385.

property and estate escheat to the state, when. See tit.
as to generally, 1406.

of illegitimate child, succession to, when and how, 1388.
relatives of half-blood, 1394.

succession and distribution of decedent's property, 1386.
successor liable for decedent's debts and obligations, 1408.
to whom estate passes, 1384.
SUCCESSIVE OWNERS. See tit. Nui.sauee.

nialice as to fact is, when, 1572, 1710.
SUIT. See tits. Constructive Notice; Notice.



[References are to sections.]

SUMMARY PROCEEDINGS. See tit. Ejectment.

as to, in certain cases, 792.

in action against corporation to secure duplicate of lost
certificate, 328.

in proceedings to restore burned bonds, 329.
SUNDAY. See tits. Holidays; Negotiable In.>4truinent.s.

a lioliday, 7.

does not vitiate, when, 3537.
SUPERHUMAN CAUSE. See tit. Aot of God.

as to responsibility for, generally, 3526.

carrier not responsible for, 2194.

excuse of performance by, 1511.

innkeeper is not responsible for loss by. 1859.
SUPERIOR COURT. See tits. TriK>stee.s: and TruMts.

as trustee, 2289.

action by for personal abuse, 203.

apprentices may be bound out by, 268.

consent as to apprenticeship, 265.

provision for orphans of intestate parent out of property of
decedent, 205.

support to land. See tit. Lateral and Suh.ineent Siipporl.

of wife. See tits. Husband and Wife: Sii|M>ort «»f A\ife.
SUl'PORT OF WIFE. Sec lit. Hii.sband and \A Ife.

as to, 174.

wlicn separate from licr husband, 175.
SI RETY. See tit. Siiret.vsbip.

ai)parent principal may slmw he i.s .surety. L'Slli'.

detinition of surety, 2831.
SI HETVSHIP. See tits. Gnaranl.v: IndeinnK.v; Surety.

apparent principal mny show liimself to lie simply a surety,

contribution among. See tit. Contributlou.

creditor entitled to securities held b.w when, 2854.

deflnition of, 2831.

has right to guarantor, 2814.

interpretation an to

general ruh'S of. 2837.
strict rule, as t<\ 2S3fi.

judgment against surety does not alter relation. 2S38.

letters of credit. 2858-2866.

liability of surety, 2836.

discharge by certain acts of creditor. 2840.
judgment against surety does not alter relation. 2838.

[References are to sections.]


liability of surety (continued).

limitation of surety's obligation, 2836.

interpretation, rules of, 2837.
performance or offer of performance exonerates surety,

relation not altered by judgment, 2838.
rules of interpretation, 2837.

surety exonerated by performance or offer of performance,
rights of sureties

as rights of guarantor, 2844.

entitled to reimburseinent from principal, 2847. *

acquires right of creditor, 2848.
to benefit of sureties held by creditor, 2848.
to have property of principal taken first, 2849.
may compel principal to perform obligation when dvie, 2846.
may require guarantor to proceed against principal, 2845.
rights of creditors, 2854.

to benefit of sureties held by surety, 2854.
surprise, contract made under, specific enforcement not
granted, 3390.

of wagon road, filing of, etc., 513.
SlTllVEYED CLAIMS. See tit. Mining Claims.

right of way selected by corporation to be sent to, 478.
SURPLUS WATER. See tit. Auuropriation,

SURRENDER OF INSTRU3IENT. See tits. Contracts; Obliga-
M^hen a condition of payment, 3137.

choses in action, survival of, 954.
cotrustees, between, 2288.
SUSPENSION. See tit. Suspension of the Power of Alienation.
by trust, 771.
restriction of, 770.
SUSPICION. See tit. Wills.

SWAMP-LAND DISTRICT. See tit. Corporations.

on baled hops, 995.

encumbrance, included in the term, 1114.
license on street railways, 508.
life tenant to pay, 840.


[References are to sections.]

TAX (continued).

on land and building corixn-ations, G48^.
on mortgage premises, 2877.

embraced in term "encumbrances," llll.
TEACHER. See tits. Mbel; Slander.
TECHMCAIi \VORr>S. See tits. Const nut ion : Wills.
effect of in wills, 1327.
not necessary to valid will, 1328.
TELEGRAMS. See tit. Carriers of 3IessaK:c.s.
articles of, what to set forth. See tit. C4>r|>or:ilionN.
as to generally, 291.
prereciuisites to filing. 292.
care in transmission of messages, 2101, 2161.
conditions on which damages to subaqueous cable may be

recovered, 539.
franchise of, 537.
injury to, liability for, 537.
lialiility for damaging telephone or telegraph property, 537.

for delay or refusal to carry, 2209.
malicious injury to property of, penalty for, 538.
may dispose of certain rights, 540.

compi'iisation for delivi-ry of. 2161.
obligation to deliver, 2161.
order in which to be transmitted, 2207.
penalty for wilful or malicious injury t<> iclipliDin- m- ti'le-

graph company, 538.
property of, lease and transfer of, .'ilO.

penalty for malicious injury to, 538.
rigiit of way along roads, watercourses, etc., 536.
riglils, what may be disposed of, 540.
subaqueous cable. Injury to, damages for, 539.
monument to show location of, 539.
notice of location of, 539.
subscription to. amount of requisite to iHliiK articles. 29.">.

may be terminated by notlci'. 7S0.
notice to quit, effect of. 790.

not necessary, when, 793.
re-entry, when and how made, 791.
summary proceedings. 792.

notice not necessary before action, when. 793.

devisees taking under will are, 1350.
of spouses, 161.



[References are to sections.]

TENANT. See tit. Lauillortl and Tenant.

duties of, 840.

lieirs of, take as purchasers, when, 779.
rights of, 818.
as to rights of, 819.
TENDER. .See tit. Extinction of Obligation.
and deposit distinguished, 1500.
by whoin to be made, 1487.
interest stopped by, 1504.

of performance of obligation, effect of, 1485-1505, 1511.
place where to be made, 1489.
to whom to be made, 1488.
when to be made, 1490.

as to of words used in code, 14.

as to meaning of, 14.

right to admission to, and penalty for refusal, 51.
THF^FT. See tit. Seamen.

by seamen during voyage forfeits wages, 2063.
THINGS IN ACTION. See tit. in Action.

definition of, 953.

act of not to prejudice, 3520.

responsibility to, 2343.
to deliver to, when, 2344.
consideration paid by, effect of transfer, 853.
contracts for benefit of. See tit. Contracts.
delivery to in escrow, 1057.
estate for life of, 766.

grant may inure, to benefit of, when, 10S5.
information or belief of, in marine insurance, 2670.
liability of partners to, 2442.
may enforce contract, when, 1559.

must see to application of trust property, when, 2244.
necessaries furnished by for infant, 207.

furnished by to wife, 174.
not to be prejudiced by ratification of agent's act, 2313.
not to be prejudiced by reformation of contract, 3399.
remained on estates granted for the life of, 775.
specific performance of contract enforced by, 3390.




[References are to sections.]

THIRD PERSONS (continued).

tender by. See tit. Extinction of Obli)£!:nti<»uM.

trust, for the benefit of, 2250.

trustee, voluntary, 2243.

who liable to as partner, 2444.

who must suffer by acts of, 3543.

consent to contract obtained by, voidable, 1567, 168i

divorce for desertion caused by, 98.

menace, definition of, 1570.

to oi>t»in advantage
by partner, 2410.
by trustee, 2228.

will procured by void, 1272.
THRESHING MACHINES. See tit. l.ien.s.

lien of workmen on, 3061.
TICKET. See tit. Rnilroa«l.s.

of railroad companies, 490.

entitle purchasers to what, 490.

penalty for failure to provide, 490.

damages for injuries to, 3346.

land bounded by, riglits of owner, 830.

lien on. See tit. IiOjSK,er*.H liien.
TIMBER. See til. Trees.

damages for neglig-iiitly s.'tting fire, 3346a.
TIME. See tit. Keeordiue.

action for nullity, of commencing, S3, 107.

computation of, as to, 10.

divorce, of commencing actions for, 127.

entire, servant's belonging to master, 2013.

essence of contract, not unless declared, 1492.

grant, presumption as to of delivery, 1056.

of taking effect of code, 2.

railroad may regulate, 465.

representations in insurance, refer to what. 2577.

void act not confirmed by. 3539.

words in will relate to what, 1336.

of estate, 749.

accession by. S<>e tit. Aeee.ssi«»ii.

acquired suVisequent passes, wlien, 1 l(t(!.

buyer acquires better than seller had, when. 1142.

by devise. 1311.

liy occupancy. 10(M).

in fee simple, when presumed to pass. ^]lK>.


[References are to sections.]

TITLE (continued).

instrument evidencing, how proved for record, IICO, 1203.

inventory of wife's property, notice of, 166.

judgment for possession of, as to, 3375.

lien on property does not transfer, 2888.

of grantor of trust property, 865.

of loaned.-property, 18S5, 1904.

redelivery of thing granted does not re-invest, 1058. a

suliseqiieutly-acqiiired .

inures to benefit of mortgagee, 2930.
passes by operation of law, when, 1106.
passes by will, 1312.

to freight, passes by transfer of bill of lading, 2127, 2128.

to highway, passes by transfer, when, 1112.

to personal property, passes by transfer, 1136.

transfer of, what passes by, 1083, 1105.

trust property, what vests in grantor, 865.

warranty of

to personal property, 1765.
by agent, 2323.

what passes by transfer of property, 1083.

as to what are, 994.
TITLE INSURANCE. See tit. Fire, Marine, and Title Insurance.

investment of funds of, 421, 421 [a].
TOLL. See tit. Bridge.s, Ferries, Wliarf, Chute, aud Pier Cor-

avoiding, penalty for, 519.

by wagon-road corporations, 514.

detaining persons unnecessarily for, 518.

highways, known on public, 515.


for avoiding, 519.

for taking unlawful, 514.

rates of, to be posted at gate, 516.

right to take, as a servitude, 802.

toll-gatherer, may detain traveler, when,i 517.

avoiding, penalty for, 519.

damages for, 3333, 3339, 3340.

deceit, 1709-1714.

indemnity against, 2773.

in general, 1708.

negligence, etc., 1714.

of agent, principal liable, 2338.


[References are to sections.!

TORT (continued),
of infant, 41.
of lunatic, 41.

tiling wrongfully taken, restoration, 1714.
wrongful acts, 1714.

not to be granted to railroads, 475.
TRADE. See tit. Contracts.

contracts in restraint of, 1673, 1C74.

ownership, subjects of, 655.
sale of, warranty presumed, 1773.
warranty of by seller, 1774.
what may be appropriated as, 991.
ap7)ropriation and iise of, 991.
good will in, transfer of, 993.
title to, 991.

as to, what is, 1039.

cancellation of grant does not constitute redelivery, 1058.

constructive delivery, 1059.

in escrow. See tit. Escrow.

nature and necessity for, 1054.

necessary to procure, 1054.

presumed to have been made at date, 1055.

surrender of grant does not constitute redelivery. 1058.

to grantee is necessarily absolute, 1056.
effect of transfer, 1083.

grant may inure to benefit of stranger, 1085.

incidents of transfer, 1084.

what title passes, 1083.
how interpreted, 1066.

against grantor, 1069.

irreconcilable i)rovislons, 1070.

limitations, how controlled, 1067.

meaning of "heirs" and "issue" in certain remainders. 1071.

membersliip In co-operative agricultural, etc., association, of,

recitals, when resorted to, lofis.

words of inheritance unnecessary. l(i7"J.
in general, 1039.
mode of transfer, as to, 1052.

grant, what is, 1053.

oral transfer, 1052.

written transfer, 1053.


[References are to sections.]

TRANSFER (continued).

of membership of co-operative agricultural, etc., association,

of products of the mind, 982.

of stock. See tit. Certiflcate.s o£ Stock, Transfer.
voluntary transfer, 1040.
what may be transferred, 1044.

choseain action. See tit. Clioi^esi in Action (transfer of),
owner out of possession may transfer, 1047.

personal property. See tit. Personal Property, Transfer of.
possibility coupled with an interest, 1045.
real property. See tit. Real Property (transfer of),
right of re-entry, 1046.
TRANSFER, FRAUDULENT. See tit. Fraudulent Transfer.
presumed to be fraudulent, wlien, 3440.
with intent to defraud creditors, 3439.

property in mortgaged where located. 2966.
stoppage in. See tit. Stoppagre in tran.situ.

damage for injuries to, 3346.
line-trees, 833.

trunks wholly- on land of one belong to whom, 833.

accession of property by wilful, 1031.
cutting or injuring timber by, 3346.
personal property acquired by, 1031.
wagon road, penalties for trespassing on, 520.
TRESPASSER. See tits. Neg^ligence; Oblig:ation.s Imposed by


by jury in apprenticeship proceedings. See tit. Master and

disregarded by law, 3533.
TRUSTEES. See tit. Uses and Trusts.
all must act, 2268.

appointed by court for benefit of third person, v/hen, 2252.
appointment of new trustees by court, 2287.
breach of trust, measure of liability for, 2237.
certain transactions by, forbidden, 2230.
cotrustees, how far liable for each other, 2239.
discretionary powers of trustees, 2269.
duty of as to appointment of successor, 2260.
guilty of fraud, when, 2234.

influence not to be used for his own advantage, 2231.
investment of money by, 2261.



[References are to sections.]

TRUSTEES (continued).
involuntary trii.stee

must see to application of trust property, wlien, 2244.
tliird person liable as, when, 2244.
who is, 2223.
liability for cotrustee, as to, 2239.
liability for losses only, when, 2238.
measure of liability for breach of trust, 2237.
ming^ling trust property with his own, 2236.
must obej^ declaration of trust, 2258.

degree of care and diligence in executing trust, 2259.
not to assume a trust adverse to interest of beneficiary, 2232.
not to use property for liis own profit, 2229.
obligations of, as to. 2228.
ofllce of, how vacated, 2281.
discharge of trustee, 2282.
removal by court, 2283.
partners are for each other, 2410.
powers of trustees, 2267.

discretionary powers, 2269.
presumptions against, 2235.

purchase by, of claim against trust fund. 2263.
rights of trustees, as to, 2273.
compensation of trustee, 2274.
indemnitication of trustee, 2273.

involuntary trustee becoming sucli by liis own fault not
within provision, 2275.
superior court as trustee, 2289.
survivorship between cotrustees, 2288.
termination of trust. See tit. TruMt.
to disclose adverse interest, 2233.
what constitutes one a, 2219.
TUl .STS. See tit. I NOM anil TruNtN.

for b«'ncfit of third pi-rsons. Si-i- til. 'rriiMt.H. for lifiicllt of

I'liird I'erwttnN.
for what purposes a trust may be created, 2220.
how created, 2221.

involuntary trust resulting from negligence. 2224.
involuntary trust, what is, 2217.
involuntary trustee. See tit. TruMteoM.

who Is, 2223.
not revocable, 2280.

obligations of third persons. S<<' tit. TrnMlecM.
to see to application of property, when, 2244.
when an involuntary trustee, 2243.
obligations of trustees. See tit. TrunteeH.
as to. generally, 2228.


[References are to sections.]

TRUSTS (continued).

parties to the contract, 2218.

succession or appointment of new trustees. See tit. Trustee.s.

suspension of ownershiip by, as to, 771.

termination of

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 155 of 156)