California.

The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

. (page 29 of 156)
Online LibraryCaliforniaThe codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) → online text (page 29 of 156)
Font size
QR-code for this ebook


lease of the other the whole or any pai't of its railroad, or

316



Tit.III.ch.II.] CxRANT OF STATE LANDS. §§474-476

may acquire of the other the right to use, in common with it,
the whole or any part of its railroad.

Hi.story: Added by Code Commission, Act March 16, 1901,
Stats, and Amdts. 1900-1, p. 369; re-enacted March 21, 1905, Stats,
and Amdts. 1905, p. 575. A codification of § 2 Act April 3, 1880,
Stats. 1880, p. 21.

§474. STATE LANDS GKANTED FOR USE OF COEPO-
EATIONS. There is granted to every railroad corporation the
right of way for the location, construction, and maintenance
of their necessary works, and for every necessary adjunct
thereto, over any swamp, overflowed, or other public lands of
the state not otherwise disposed of or in use, not in any
case exceeding in length or width that which is necessary
for the construction of such works and adjuncts, or for the
protection thereof, not in any case to exceed two hundred
feet in width.

Hi-story: Enacted March 21, 1872; this and following sections
of chapter founded upon §§ 20-22 Act May 20, 1861, Stats. 1861,
pp. 617-618.

§475. GRANT NOT TO EMBRACE TOWN LOTS. The

grants mentioned in the preceding section do not apply to
public lands of the state within the corporate limits of towns
and cities, or within three miles thereof.

History: Enacted March 21, 1872; this, the preceding section,
and following sections of chapter founded upon §§ 20-22 Act
May 20, 1861, Stats. 1861, pp. 617-618.

§476. WOOD, STONE, AND EARTH MAY BE TAKEN
FROM STATE LANDS. The right to take from any of the
lands belonging to the state, adjacent to the works of the
corporation, all materials, such as wood, stone, and earth,
naturally appurtenant thereto, which may be necessarj' and
convenient for the original construction of its works and
adjuncts, is granted to such corporations.

History: Enacted March 21, 1872; this and following sections
of chapter founded upon §§ 20-22 Act May 20, 1861, Stats. 1861.
pp. 617-618.

317



§§ 477, 478 CIVIL CODE. [Div.I.Pt.IV.

§477. LANDS TO llEVERT TO STATE, WHEN. If any

corporation receiving state lands or appurtenances there-
under is dissolved, ceases to exist, is discontinued, or the
route or line ol: its works is so changed as not to cover or
cross the lands selected, or the use of the lands selected is
abandoned, such selected lands revert, and the title thereto
is reinvested in the state or its grantees, free from all such
uses.

History: Enacted March 21, 1872; this and following section
of chapter founded upon §§ 20-22 Act May 20, 1861, Stats. 1861,
pp. 617-618.

§ 478. SELECTIONS MADE, HOW PROVED AND CERTI-
FIED TO. When any selection of the right of way, or land
for an adjunct to the works of a railroad corporation, is made
by any corporation, the secretary thereof must transmit to
the surveyor-general, controller of state, and recorder of the
county in which the selected lands are situate, a plat of the
lands so selected, giving the extent thereof and uses for
which the same is claimed or desired, duly verified to be cor-
rect; and, if approved, the surveyor-general must so indorse
the plat, and issue to the corporation a permit to use the
same, unless, on petition properly presented to the court, a
review is had and such use prohibited.

History: Enacted March 21, 1872; this and preceding four
sections founded on §§ 20-22 Act May 20, 1861, Stats. 1861, pp.
617-618.

See Kerr's Cyc. C. C. for 3 pars, annotation.

101 C. 333, 336, 337, 35 P. 993 (construed and applied).

As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

As to many miscellaneous matters as to railroads, see note
§ 454, ante.



318



I



Tit.III,ch.III.l BAGGAGE, CHECKS TO. §479

CHAPTER III.
BUSINESS. HOW CONDUCTED.

§ 479. Checks to be affixed to all baggage. [Damages.]

§ 480. Annual report to be verified. Form of report.

§ 481. Duties of corporation. [Time of running to be fixed by
public notice. Sufficient accommodations to be fur-
nished.]

§ 482. Corporation to pay damages for refusal.

§ 483. Furnish room inside passenger cars, and be responsible
for damages occurring on freight and other cars.

§ 484. Corporations to post printed regulations, and not respon-
sible for damages in violation of rules.

§ 485. To pay damages. Not liable in certain cases. Corpora-
tion may recover damages, when.

§ 486. Regulations of trains. Penalty.

§ 487. Passenger refusing to pay fare.

§ 488. Officers to wear badge.

§ 489. Rate of charges established by railroad commissioners.
Notice served.

§ 490. Railroad tickets entitle purchaser to what. Penalty for
failure to provide such tickets.

§ 491. Quality of rail to be used.

§ 492. Elevated or underground railroads. Who may grant
franchise.

§ 493. To what above section applies.

§ 494. Railroad corporations may sell property and franchises
to other railroads.

§479. CHECKS TO BE AFFIXED TO ALL BAGGAGE.
[DAMAGES.] A check must be affixed to every package or
parcel of baggage when taken for transportation by any
agent or employee of such railroad corporation, and a dupli-
cate thereof given to the passenger or person delivering the
same in his behalf; and if such check is refused on demand,
the railroad corporation must pay to such passenger the sum
of twenty dollars, to be recovered in an action for damages;
and no fare or toll must be collected or received from such
passenger, and if such passenger has paid his fare, the same
must be returned by the conductor in charge of the train ;
and on producing the check, if his baggage is not delivered

319



§ 480 CIVIL CODE. [Div.I.Pt.IV.

to him by the agent or employee of the railroad corporation,
he may recover the value thereof from the corporation.

History: Enacted March 21, 1872, founded upon § 42 Act May
20, 1861, Stats. 1861, p. 623.

See Kerr's Cyc. C. C. for 28 pars, annotation.

As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

As to many miscellaneous matters as to railroads, see note
§ 454, ante.

"Bagg-ag-e" and "luggage." — See Kerr's Cyc. C. C. §§ 2180-2183
and notes.

Baggage-car — Baggage must be carried in. — See Kerr's Cyc.
C. C. § 2183 and note.

Common carrier's liability for baggage. — See post § 2182.

Duty to carry baggage. — See post § 2180.

Lien on baggage for fare. — See Kerr's Cyc. C. C. § 2191 and
note.

Ijimitation in ticket of liability for baggage. — See Kerr's Cyc.
C. C. § 2176 and note.

"Luggage" defined. — See Kerr's Cyc. C. C. § 2182 and note; 5
W. & P. 4257.

Notice limiting liability. — See Kerr's Cyc. C. C. 2174 and note.

Weight of baggage — Limitation by statute. — See Kerr's Cyc.
C. C. § 2180 and note.



§480. ANNUAL REPORT TO BE VERIFIED. FOR^I OF
REPORT. Every railroad corporation must make an annual
report to the secretary of state, or other officer designated by
law, of its operations for each year, ending on the thirty-
first day of December, verified by the oaths of the president
or acting superintendent of operations, the secretary and
treasurer of such corporation, and file it in the office of the
secretary of state, or such other designated officer, by the
twentieth day of February, which must state:

1. The capital stock, and the amount thereof actually paid
in;

2. The amount expended for the purchase of lands for the
construction of the road, for buildings, and for engines and
cars, respectively;

3. The amount and nature of its indebtedness, and the
amount due the corporation;

320



Tit.III,ch.III.] DUTIES OF— RUNNING. § 481

4. The amount received from the transportation of passen-
gers, property, mails, and express matter, and from other
sources;

5. The amount of freight, specifying the quantity in tons;

6. The amount paid for repairs of engines, cars, buildings,
and other expenses, in gross, showing the current expenses
of running such road;

7. The number and amount of dividends, and when paid;

8. The number of engine-houses and shops, of engines and
cars, and their character.

History: Enacted March 21, 1872, founded upon § 44 Act May
20. 1861, Stats. 1861, pp. 624-625.

As to many miscellaneous matters as to corporations, see
note § 283, ante.

As to many miscellaneous matters as to railroads, see note

§ 454, ante.

§481. DUTIES OF CORPORATION. [TIME OF RUN-
NING TO BE FIXED BY PUBLIC NOTICE. SUFFICIENT
ACCOMMODATIONS TO BE FURNISHED.] Every such cor-
poration must start and run its cars, for the transportation
of persons and property, at such regular times as it shall
fix by public notice, and must furnish sufficient accommoda-
tions for the transportation of all such passengers and prop-
erty as, within a reasonable time previous thereto, offer or
are offered for transportation, at the place of starting, at
the junction of other railroads, and at siding and stopping-
places established for receiving and discharging way passen-
gers and freight; and must take, transport, and discharge
such passengers and property at, from, and to such places,
on the due payment of tolls, freight, or fare therefor.

History: Enacted March 21, 1872; amended by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 369, held
unconstitutional, see history, § 4 ante; amendment re-enacted
March 21, 1905, Stats, and Amdts. 1905, p. 575.

See Kerr's Cyc. C. C. for 79 pars, annotation.

134 C. 412, 414, 66 P. 473 (cited with other sections); 142 C. 391,
392, 75 P. 1086 (referred to with other sections); 3 C. A. 668,
683, 87 P. 27 (referred to).

Kerr's C. C— 11 321



§ 481 CIVIL CODE. [DiV.I,Pt.IV.

As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

As to many miscellaneous matters as to railroads, see note
§ 454, ante.

Baggage-checks must be affixed. — See Kerr's Cyc. C. C. § 479
and note.

Common carriers — What constitute. — See Kerr's Cyc. C. C.
§ 2168 and note.

Contract — Expressed in ticket, bill of lading, etc. — See Kerr's
Cyc. C. C. § 2176 and note.

Definition of baggage. — See Kerr's Cyc. C. C. § 2181 and note;
1 W. & P. 663-670.

Delay — Liability for want of ordinary care. — See Kerr's Cyc.
C. C. § 2196 and note.

Ejection of passengers for non-payment. — See Kerr's Cyc. C.
C. § 2188 and note.

Liability for baggage. — See Kerr's Cyc. C. C. § 2182 and note.

Mode of carrying and delivery. — See Kerr's Cyc. C. C. § 2183
and note.

Obligation to carry.- — See 'Kerr's Cyc. C. C. § 2180 and note.

Obligation to provide. — See Kerr's Cyc. C. C. § 481, note pars.
21, 22; § 2184 and note.

Passengers — Civility and proper attention n\iist be accorded
to. — See Kerr's Cyc. C. C. § 2103 and note.

Payment on train — Additional charge. — See Kerr's Cyc. C. C.
§ 2189 and note.

Penalty for failure to provide — Rights under. — See Kerr's
Cyc. C. C. § 490 and note.

Preference as to time, price, etc. — Must not be given. — See
Kerr's Cyc. C. C. § 2170 and note.

Release from negligence, fraud, etc., not permissible. — See
Kerr's Cyc. C. C. § 2175 and note.

Rules for government of passengers may be made. — See
Kerr's Cyc. C. C. § 2186 and note.

Seats for passengers necessary— Overcrowding not permitted.
— See Kerr's Cyc. C. C. § 2185 and note.

Stop-over — Right of passenger to. — See Kerr's Cyc. C. C. § 490
and note pars. 7-9.

United States and state may be given preference. — See Kerr's
Cyc. C. C. § 2171 and note.

Warehouseman — When corporation liable as. — See Kerr's Cyc.
C. C. § 2120 and note.

When payable — See Kerr's Cyc. C. C. § 2187 and note.

Kditorinl Note: — Section founded upon Act May 20, 1861, § 45
(Stats. 1861, p. 625). The language of the section as it now
stands amended is almost a verbatim copy of that section of
the Act of 1861 which is construed in 23 C. 323, 328. North
Carolina statute (N. C. Code § 1963) is almost word for word

322



Tit.III.ch.IIL] RESPONSIBILITY FOR DAMAGES. §§ 482, 483

the same as this section, and is construed in 108 N. C. 414, 12
S. E. Rep. 954, 12 L. 113. Oklahoma statute (§ 1036) is identical
with this section, and is construed in 5 Okla. 616, 49 P. 940.

§ 482. CORPORATION TO PAY DAMAGES FOR REFUSAL.

In case of refusal by such corporation or their agents so to
take and transport any passengers or property, or to deliver
the same, at the regular appointed places, such corporation
must pay to the party aggrieved all damages which are sus-
tained thereby, with costs of suit.

History: Enacted March 21, 1872, founded u]ion § 46 Act May
20, 1861, Stats. 1861, p. 624.

See Kerr's Cyc. C. C. for 4 pars, annotation.

134 C. 412, 414, 66 P. 473 (cited with other sections); 142 C.
391, 392, 75 P. 1086 (referred to); 3 C. A. 668, 683, 87 P. 27
(referred to).

As to many miscellaneous matters as to corporations, see
note § 283, ante.

As to niany miscellaneous matters as to railroads, see note
§ 454, ante.

§483. FURNISH ROOM INSIDE PASSENGER-CARS, AND
BE RESPONSIBLE. FOR DAMAGES OCCURRING ON
FREIGHT AND OTHER CARS. Every railroad corporation
must furnish, on the inside of the passenger-cars, sufficient
room and accommodations for all passengers to whom tick-
ets are sold for any one trip and for all persons presenting
tickets entitling them to travel thereon; and when fare is
taken for transporting passengers on any baggage, wood,
gravel, or freight car, the same care must be taken and the
same responsibility is assumed by the corporation as for pas-
sengers on passenger-cars.

History: Enacted March 21, 1872, founded upon §§ 45, 46 Act
May 20, 1861, Stats. 1861, p. 624.

See Kerr's Cyc. C. C. P. for 15 pars, annotation.

1 C. A. 343, 347; 82 P. 226.

As to inany miscellaneous matters as to corporations, see
note § 283, ante.

As to many miscellaneous matters as to railroads, see note
§ 454, ante/

Accommodations must be furnished. — See Kerr's Cyc. C. C.
§ 481 and note.

323



§§484,485 CIVIL CODE. [Div.I.Pt.IV.

§484. CORPORATIONS TO POST PRINTED REGULA-
TIONS, AND NOT RESPONSIBLE FOR DAMAGES IN VIO-
LATION OF RULES. Every railroad corporation must have
printed and conspicuously posted on the inside of its passen-
ger-cars its rules and regulations regarding fare and conduct
of its passengers; and in case any passenger is injured on or
from the platform of a ear, or on any baggage, wood, gravel,
or freight car, in violation of such printed regulations, or in
violation of positive verbal instructions or injunctions given
to such passenger in person by any officer of the train, the
corporation is not responsible for damages for such injuries,
unless the corporation failed to comply with the provisions
of the preceding section.

History: Enacted March 21, 1872, founded upon § 48 Act May
20, 1861, Stats. 1861, p. 625.

See Kerr's Cyc. C. C. for 21 pars, annotation.

78 C. 360, 364, 20 P. 740, 742 (applied); 87 C. 62, 73, 25 P.
245, 11 L. 130 (construed and applied); 1 C. A. 343, 348, 82 P.
226 (right to eject passengers who are in duty bound to leave
the train).

As to many miscellaneous matters as to corporations, see
note § 283, ante.

As to many miscellaneous matters as to railroads, see note
§ 454, ante.

Provisions of this section are made applicable to street rail-
road companies by § 510 post.



§485. TO PAY DAMAGES. NOT LIABLE IN CERTAIN
CASES. CORPORATION MAY RECOVER DAMAGES, WHEN.

Railroad corporations must make and maintain a good and
sufficient fence on either or both sides of their track and
property. In case they do not make and maintain such fence,
if their engine or cars shall kill or maim any cattle or other
domestic animals upon their line of road which passes
through or along the property of the owner thereof, they
must pay to the owner of such cattle or other domestic ani-
mals a fair market price for the same, unless it occurred
through the neglect or fault of the owner of the animal so
killed or maimed.

324



Tit.III,ch.III.] REGULATION OF TRAINS. § 486

[Not liable in damages for killing stock, when.] Railroad
corporations paying to the owner of the land through or
along which their road is located an agreed price for making
and maintaining such fence, or paying the cost of such fence
with the award of damages allowed for the right of way for
such railroad, are relieved and exonerated from all claims
for damages arising out of the killing or maiming any ani-
mals of persons who thus fail to construct and maintain such
fence;

[Damages recoverable by company, when.] And the own-
ers of such animals are responsible for any damages or loss
which may accrue to such corporation from such animals
being upon their railroad track, resulting from the non-con- •
struction of such fence, unless it is shown that such loss or
damage occurred through the negligence or fault of the cor-
poration, its officers, agents, or employees.

History: Enacted March 21, 1872, founded upon § 40 Act May
20, 1861, Stats. 1861, p. 623.

See Kerr's Cyc. C. C. for 21 pars, annotation.

64 C. 110, 113, 29 P. 511, 512 (applied); 65 C. 316, 318, 4 P. 28
(construed and applied); 86 C. 279, 284, 24 P. 1032, 1033 (re-
ferred to); 94 C. 568, 570, 29 P. 1110 (cited as to duty to fence);
104 C. 20, 28, 37 P. 859 (construed with Code Civ. Proc. §1248);
110 C. 455, 456, 42 P. 975 (construed and applied); 114 C. 501,
508, 46 P. 604, 605 (construed and applied): 126 C. 516, 518,
58 P. 1055 (the whole provision seems to be in interest of
owner); 126 C. 571, 573, 58 P. 1046 (construed and applied); 141
C. 288, 289, 74 P. 840 (applied); 31 Mont. 238, 78 P. 303, 304
(adoption of section from California. No such section appears
in the New York code).

As to many miscellaneous matters as to corporations, see note
§ 283, ante.

As to many miscellaneous matters as to railroads, see note
§ 454, ante.



§486. REGULATIONS OF TRAINS. PENALTY. [1] A
bell, of at least twenty pounds weight, must be placed on each
locomotive engine, and be rung at a distance of at least
eighty rods from the place where the railroad crosses any
street, road, or highway, and be kept ringing until it has

325



§ 487 CIVIL CODE. [Div.I,Pt.IV.

crossed such street, road, or highway; or [2] a steam whistle
must be attached, and be sounded, except in cities, at the like
distance, and be kept sounding at intervals until it has
crossed the same, und6r [3] a penalty of one hundred dollars
for every neglect, to be paid by the corporation operating the
railroad, [4] which may be recovered in an action prosecuted
by the district attorney of the proper county, for the use of
the state.

[Liability in damages.] The corporation is also liable for
all damages sustained by any person, and caused by its loco-
motives, train, or cars, when the provisions of this section
are not complied with.

History: Enacted March 21, 1872, founded upon § 41 Act May
20, 1861, Stats. 1861, p. 623.

See Kerr's Cyc. C. C. for 16 pars, annotation.

52 C. 602, 604 (construed); 61 C. 326, 328 (construed and ap-
plied); 85 C. 291, 296, 297, 24 P. 661, 662 (construed); 86 C. 374,
378, 380, 24 P. 1074, 10 L. 139 (construed and applied); 98 C.
309, 311, 33 P. 119 (construed and applied);^ 122 C. 563, 567, 55 P.
577 (cited as to how bell shall be rung);'l32 C. 254, 256, 64 P.
255 (referred to); 147 C. 624, 627, 82 P. 306 (this section is not
limited to a case where a railroad crosses a liighway at grade —
upon the same level as the highway); 150 C. 701, 703, 89 P.
1093 (this section does not abrogate the doctrine of contribu-
tory negligence).

As to many miscellaneous inatters as to corporations, see note
§ 283, ante.

As to many miscellaneous matters as to railroads, see note
§ 454, ante.



§487. PASSENGER REFUSING TO PAT FARE. If any

passenger refuses to pay his fare, or to exhibit or surrender
his ticket, when reasonably requested so to do, the conductor
and employees of the corporation may put him and his bag-
gage out of the cars, using no unnecessary force, at any
usual stopping place, or near any dwelling-house, on stopping
the train.

History: Enacted March 21, 1872, founded upon § 49 Act' May
20, 1861, Stats. 1861, p. 625.

326



Jl



Tit.III.ch.III.] BADGES FOR OFFICERS. § 488

See Kerr's Cyc. C. C. for 2S pars, annotation.

65 C. 626, 628, 4 P. 672 (construed and applied); 78 C. 360, 365,
20 P. 740, 741, 743 (citing erroneously § 497 instead of this
section); 97 C. 1, 5, 6, 33 A. S. 157, 31 P. 1112, 1113 (construed
and applied); 145 C. 441, 452, 79 P. 420, 68 L. 393 (applied in
case of retention of limited ticket by conductor) ; 1 C. A. 343,
348, 82 P. 226 (right to eject passengers who are in duty bound
to leave the train).

As to duty to use reasonable care in ejecting passenger, see
2 A. S. 546.

As to ejectment of passenger for failure to show or surren-
der ticket, see 41 A. l!>. 476.

As to many miscellaneous matters as to corporations, see note
§ 283, ante.

As to many miscellaneous matters as to railroads, see note
§ 454, ante.

Ejection of passenger for non-payment of fare is author-
ized. — See Kerr's Cyc. C. C. § 487, note pars. 3, 14; also § 2188
and note.

Fare — When payable. — See Kerr's Cyc. C. C. § 2187 and note.

Seat — Right of passenger to. — See Kerr's Cyc. C. C. § 483 and
note.

§488. OFFICERS TO WEAR BADGE. Every conductor,
baggage-master, engineer, brakeraan, or other employee of
any railroad corporation, employed on a passenger-train or
at stations for passengers, must wear upon his hat or cap, or
in some conspicuous place on the breast of his coat, a badge,
indicating his oflfice or station, and the initial letters of the
name of the corporation by which he is employed. No col-
lector or conductor, without such badge, is authorized to
demand or to receive from any passenger any fare, toll, or
ticket, or exercise any of the powers of his office or station;
and no other officer or employee, without such badge, has any
authority to meddle or interfere with any passenger or prop-
erty.

History: Enacted March 21, 1872, founded upon § 50 Act May
20, 1861, Stats. 1861, p. 625.

See Kerr's Cyc. C. C. for 3 pars, annotation.

109 C. 100, 104, 105, 41 P. 794 (construed and applied); 1 C. A.
343, 348, 82 P. 226 (cited as to proper payment of fare).

As to many miscellaneous matters as to corporations, see note
§ 283, ante.

327



§ 489 CIVIL CODE. [Div.I.Pt.IV.

As to many miscellaneous matters as to railroads, see note
§ 454, ante.

§ 489. RATE OF CHARGES ESTABLISHED BY RAILROAD
COMMISSIONERS. NOTICE SERVED. Whenever the board
of railroad commissioners, in the discharge of its duties,
establishes or adopts rates of charges for the transportation
of passengers and freight, pursuant to the provisions of the
constitution, said board must serve a printed schedule of
such rates, and of any changes that may be made in such
rates, upon the person, copartnership, company, or corpora-
tion affected thereby; and

[Copies of rates to be posted, where and by whom.] Upon
such service it is the duty of such person, copartnership,
company, or corporation to immediately cause copies of the
same to be posted in all its offices, station-houses, warehouses,
and landing offices affected by such rates, or change of rates,
in such manner as to be accessible to public inspection dur-
ing usual business hours.

Said board [of railroad commissioners] nmst also m.akc
such further publication thereof as it deems proper and nec-
essary for the public good. If the party to be served is a
corporation, such service may be made upon the president,
vice-president, secretary, or managing agent thereof, and if
a copartnership, upon any partner thereof.

[Rates go into effect, when.] The rates of charges estab-
lished or adopted by said board, pursuant to the constitution
and the laws of this state, must go into force and effect on
the twentieth day after service of such schedule of rates, or
changes in rates, upon the person, copartnership, company,
or corporation affected thereby.

History: Enacted March 21, 1872, founded upon § 51 Act May

20, 1861, Stats. 1861, p. 625; amended by Code Commission, Act
March 16, 1901, Stats, and Amdts. 1900-1, p. 370, held uncon-
stitutional, see history, § 4 ante; amendment re-enacted March

21, 1905, pp. 575-576.

See Kerr's Cyc. C. C. for 5 pars, annotation.

105 C. 526, 544, 545 (cited in discussion), 546-549, 555 (con-
strued with § 490), 38 P. 94, 109, 722, 28 L. 773.

328



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 29 of 156)