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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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556



A



Tit. IV.] EXPRESS TRUST — ESTATE. §§ 861-863

§ 861. CEEATIOX OF CERTAIN POWERS NOT PROHIB-
ITED (repealed).

History: Enacted March 21, 1872; repealed March. 30, 1874,
Code Amdts. 1873-4, p. 222.

132 C. 523, 552, 84 A. S. 70, 60 P. 442, 64 P. 1000 (reasons for,
and effect of, repeal of section).

As to trusts under wills, see 2 Church's New Prohate Law
and Practice, 1427, 1433.

As to uses and trusts generally, see note § 847, ante.

§862. LAND, ETC., TO DESCEND TO PERSONS ENTI-
TLED (repealed).

History: Enacted March 21, 1872; repealed March 30, 1874,
Code Amdts. 1873-4, p. 222.

132 C. 523, 552, 84 A. S. 70, 60 P. 442, 64 P. 1000 (reasons for,
and effect of, repeal of section).

As to trusts under wills, see 2 Church's New Probate Law
and Practice, 1427, 1433.

As to uses and trusts generally, see note § 847, ante.

§863. TRUSTEES OF EXPRESS TRUSTS TO HAVE
WHOLE ESTATE. Except as hereinafter otherwise provided,
every express trust in real property, valid as such in its crea-
tion, vests the whole estate in the trustees, subject only to
the execution of the trust. The beneficiaries take no estate
or interest in the property, but may enforce the performance
of the trust.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 173, pars, annotation.

70 C. 236, 241, 11 P. 656, 658 (this section is modified by
§§ 864, 865, and 1006, so that trustor of express trust, except
as to his trustee and those holding under him, is treated as
holder of legal title); 70 C. 326, 331, 11 P. 728, 730 (applied
with other sections); 79 C. 65, 68, 21 P. 545, 546 (applied);
85 C. 488, 506, 24 P. 930, 934 (construed and applied); 25 P. 427,
428 (trust on ground of fraud is not established when — insuffi-
ciency of complaint); 87 C. 453, 456, 25 P. 675, 676 (construed
and applied with other sections); 95 C. 63, 74 (applied with
other sections but erroneously cited as § 863 C. C. P.) 30 P. 301
(correct citation); 107 C. 410, 419, 40 P. 552 (applied); 107 C.
587, 596, 40 P. 810, 811 (construed and applied); 108 C. 627,

557



§ 864 CIVIL CODE. [Div.II.Ptll.

648, 49 A. S. 97, 41 P. 772 (construed and applied with other
sections); 111 C. 628, 636, 637, 638, 44 P. 225 (applied); 56 P.
550, 552 (applied with other sections); 124 C. 533, 537, 538, 57
P. 564 (cited in discussion); 128 C. 1, 9, 60 P. 471 (applied);
132 C. 523, 536, 539, 576, 577, 84 A. S. 70, 60 P. 442, 64 P. 1000
(construed and applied); 133 C. 420, 422, 65 P. 952 (construed
and applied); 143 C. 265, 271, 101 A. S. 118, 76 P. 1020 (referred
to — what is merely formal and barren title, without estate or
interest^Jn land or right to its possession); 144 C. 314, 321
(erroneously cited as C. C. P.), 77 P. 942, 944 (correct citation);
148 C. 184, 188, 82 P. 755 (when trust is created, whole estate
is vested in trustee); 153 C. 245, 250, 94 P. 1047 (what is im-
plied in term "trust"); 11 F. 253, 260 (applied with other sec-
tions to conveyance in trust to secure railway mortgage
bonds) ; 54 F. 55, 59, 60 (this section does not deprive federal
court, sitting in equity, in California, of jurisdiction of suit
by beneficiaries to remove cloud from legal title).

As to enforcement of voluntary executory trust, see 11 L.
456.

As to equitable jurisdiction over trusts, see 66 A. D. 502; 67
A. D. 100; 73 A. D. 558.

As to garnishment of claim of cestui que trust against
trustee, see 59 L. 385-387.

As to right to enforce trust against property with which
it has been mingled by trustee, see Kerr's Cyc. C. C. § 2236
and note.

As to statute of limitations in its application to trusts, see
34 A. D. 725; 42 A. D. 447; 44 A. D. 159; 60 A. D. 212; 8 L. 480,
647; 8 Prob. Rep. Anno. 436-439.

As to when legal title vests in beneficiaries, see 86 A. D.
512, 518.

As to trusts under wills, see 2 Church's New Probate Law
and Practice, 1427, 1433.

As to uses and trusts generally, see note § 847, ante.

As to whom property passes on trustee's death, see 1 L. 334.

§ 864. AUTHOR OF TRUST MAY DEVISE, ETC. Notwith-
standing anything contained in the last section, the author of
a trust may, in its creation, prescribe to whom the real prop-
erty to which the trust relates shall belong, in the event of
the failure or termination of the trust, and may transfer or
devise such property, subject to the execution of the trust.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 25 pars, annotation.
70 C. 236, 240, 11 P. 656, 658 (construed and applied with

558



Tit. IV.] TITLE — ^INTBREST IN GRANTOR. §§ ggs^ 866

other sections); 70 C. 326, 331, 332, 11 P. 728, 730 (construed
and applied with other sections); 87 C. 453, 456, 25 P. 675, 676
(construed and applied with other sections); 111 C. 628, 638,
44 P. 225 (construed and applied with other sections); 121 C.
379, 383, 53 P. 813 (construed and applied with other sections);
132 C. 523, 547, 553, 558 (construed and applied but erroneously
cited in dis. op. of Temple, J., as § 846), 563, 576, 64 P. 1000,
1007 (erroneously cited as §648); 60 P. 442, 451 (construed and
applied — concurring opinion not officially reported); 136 C. 97,
105, 68 P. 494 (construed and applied); 146 C. 745, 749, 81 P.
138 (every estate not einbraced in trust is left how) ; 152 C. 753,
759, 93 P. 1012, 1013 (applied with other sections).

As to trusts under wills, see 2 Church's New Probate Law
and Practice, 1427, 1433.

As to uses and trusts generally, see note § 847, ante.

§ 865. TITLE OF GRANTOR OF TRUST PROPERTY. The

grantee or devisee of real property subject to a trust acquires
a legal estate in the property, as against all persons except
the trustees and those lawfully claiming under them.

History: Enacted March 21, 1872.

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

70 C. 236, 240, 11 P. 656, 658 (applied); 121 C. 379, 383, 53 P.
813 (applied with other sections); 146 C. 745, 749, 81 P. 138
(every estate not embraced in trust is left how) ; 152 C. 753, 759,
93 P. 1012, 1013 (applied with other sections).

As to trusts under wills, see 2 Church's New Probate Law and
Practice, 1427, 1433.

As to uses and trusts generally, see note § 847, ante.

§866. INTERESTS REMAINING IN GRANTOR OF
EXPRESS TRUST. Where an express trust is created in rela-
tion to real property, every estate not embraced in the trust,
and not otherwise disposed of, is left in the author of the
trust or his successors.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 17 pars, annotation.

70 C. 326, 331, 11 P. 728, 730 (construed and applied with
other sections); 109 C. 323, 331, 50 A. S. 43, 41 P. 1089 (con-
strued and applied with other sections); 124 C. 418, 420, 57
P. 219 (construed and applied with other sections); 132 C. 523,
576, 84 A. S. 70, 60 P. 442 (construed and applied with other
sections); 136 C. 97, 105, 68 P. 494 (construed and applied);

559



§§ 867-869 CIVIL COTDE. [Div.II.Pt.II.

142 C. 15, 16, 17, 100 A. S. 99, 75 P. 566 (construed and applied);
146 C. 745, 749, 81 P. 138 (every estate not embraced in trust
is left how); 3 C. A. 741, 747, 86 P. 1108 (competency of Masonic
lodge to take as trustee).

As to trusts under wills, see 2 Church's New Probate Law
and Practice, 1427, 1433.

As to uses and trusts generally, see § 847, ante.

§867. RESTRAIMX; DISPOSITION OF TRUSTS. The

beneficiary of a trust for the receipt of the rents and profits
of real property, or for the payment of an annuity out of such
rents and profits, may be restrained from disposing of his
interest in such trust, during his life or for a term of years,
by the instrument creating the trust.

HiNtory: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 223.

See Kerr's Cyc. C. C. for 8 pars, annotation.

Ill C. 628, 637, 44 P. 225 (construed and applied with other
sections); 133 C. 420, 422, 65 P. 952 (construed and applied with
otlier sections); 142 C. 15, 17, 100 A. S. 99, 75 P. 566 (construed
and applied).

As to trusts under wills, see 2 Church's New Probate Law and
Practice, 1427, 1433.

As to uses and trusts generally, see note § 847, ante.

§808. POWERS OVER TRUST OF PARTY INTERESTED

(repealed).

History: Enacted March 21, 1872; repealed March 30, 1874,
Code Amdts. 1873-4, p. 223.

§ 869. EFFECT OF OMITTING TRUST IN CONVEYANCE.

Where an express trust is created in relation to real prop-
erty, but is not contained or declared in the grant to the trus-
tee, or in an instrument signed by him, and recorded in the
same office with the grant to the trustee, such grant must be
deemed absolute in favor of purchasers from such trustee
without notice, and for a valuable consideration.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 223.

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

125 C. 9, 12, 57 P. 690; 83 F. 48, 52 (construed with § 2243 and

560



A



Tit. IV.] SALES BY TRUSTEE, VOID. §§870,871

applied — enforcement of trust — ^who is a purchaser without
notice).

As to conveyance by trustee and wlien same void and void-
able, see 19 A. S. 266.

As to trusts under wills, see 2 Church's New Probate Law and
Practice, 1427, 1433.

As to uses and trusts generally, see note § 847, ante.

As to using- proceeds of trust property in own business, see
51 L. 90.

§870. CERTAIN SALES, ETC., BY TRUSTEES, VOID.

Where a trust in relation to real property is expressed in
the instrument creating tlie estate every transfer or other
act of the trustees, in contravention of the trust, is absolutely
void.

Hi.story: Enacted March 21, 1872; amended by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 394,
held unconstitutional, see history, § 4 ante.

See Kerr's Cyc. C. C. for 18 pars, annotation.

70 C. 326, 331, 11 P. 728, 730 (cited in applying and constru-
ing other sections); 13 P. 860, 862 (construed and applied); 106
C. 514, 534, 39 P. 922 (construed and applied with other sec-
tions); 108 C. 627, 649, 49 A. S. 97, 41 P. 772 (construed and
applied); 124 C. 418, 57 P. 219 (applied without citation); 134 C.
641, 645, 657, 58 P. 298, 60 P. 974, 66 P. 982 (construed and
applied): 133 C. 51, 52 (applied, but erroneously cited as §871),
65 P. 130 (same error); 71 P. 104, 107 (construed and applied);
139 C. 593, 594, 73 P. 452 (referred to); 145 C. 157, 164, 78 P. 544
(construed and applied).

As to conveyances by trustees and the circumstances making
same void or voidable, see 19 A. S. 266; also Kerr's Cyc. C. C.
§ 2243 and note.

As to trusts under wills, see 2 Church's New Probate Law and
Practice, 1427, 1433.

As to uses and trusts generally, see note § 847, ante.

§871. WHEN ESTATE OF TRUSTEE TO CEASE. When
the purpose for which an express trust was created ceases,
the estate of the trustee also ceases.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 20 pars, annotation.
58 C. 63, 72 (construed and applied in dis. op.); 70 C. 326, 331
333, 11 P. 728, 730 (construed and applied with other sections);

561



§§ 878-940 CIVIL CODE. [Div.II.Ptll.

119 C. 406, 409, 51 P. 629 (cited and referred to); 121 C. 379, 384,
53 P. 813 (construed and applied with other sections); 124 C.
418, 420, 57 P. 219 (construed and applied with other sections);
132 C. 523, 575, 84 A. S. 70, 60 P. 442 (applied); 133 C. 51, 52, 65
P. 130 (erroneously cited for §870); 136 C. 97, 105, 68 P. 494
(construed and applied); 145 C. 157, 163, 78 P. 544 (construed
and applied); 11 F. 253, 262 (applied with other sections to
conveyance in trust to secure railway mortgage bonds).

As ta. bequests held void for uncertainty as to purposes of
trust and beneliciraies, see 3 L. R. A. 145-149.

As to extinguishment of trusts by reason of failure in part,
see post § 2279 and note.

As to trusts under wills, see 2 Church's New Probate Law and
Practice, 1427-1433.

As to uses and trusts generally, see note § 847, ante.

As to when trust is extinguished, see post § 2279 and note.



TITLE V.

POWERS.

[This title, embracing sections 878 to and including 940 of the
original code, was repealed by Act March 30, 1874, Code Amdts.
1873-4, p. 223.]

1. Citations of code section.s, tlioiieli repealed. — 3 C. A. 727,
729, 86 P. 994 (effect of deed wliile former provisions of code
as to powers were in force).

2. Purpose of title. — This title was intended to limit and
restrict the power of the owners of real property. — See 132 C.
523, 557, 84 A. S. 70, 60 P. 442, 64 P. 1000.

3. Codes authorize creation of power. — Notwithstanding
repeal of title in regard to powers, "in one respect the creation
of a power is still authorized by the codes." — See 121 C. 379, 384,
53 P. 813.



562



Pt.III.Tit.I.] PERSONAL PROPERTY. § 945



PART III.
PERSONAL AND MOVABLE PROPERTY.

Title L Personal Property in General, §§ 946, 947.

II. Particulars Kinds of Personal Property, §§ 953-995.

TITLE I.

PERSONAL PROPERTY IN GENERAL.

§ 946. By what law g-overned.

§ 947. Future interests in perishable property, how protected
[repealed].

§946. BY WHAT LAW GOVERNED. If there is no law
to the contrary, in the place where personal property is sit-
uated, it is deemed to follow the person of its owner, and is
governed by the law of his domicile.

History: Enacted March 21, 1S72; repealed March 30, 1874,
Code Amdts. 1873-4, p. 223; re-enacted as above March 9, 1876,
Code Amdts. 1875-6, p. 78.

See Kerr's Cyc. C. C. for 6 pars, annotation.
105 C. 192, 199, 201, 38 P. 636 (cited).

PERSONAL. PROPERTY — GENERALLY.

As to generally. — See note § 657, ante.

As to fixtures. — See note § 660, ante.

Abandonment of. — See 4 L. N. S. 573; 1 Cent. Dig. col. 3,
§§1-11;-1 Decen. Dig. p. 21, §§1-7.

Accession to. — See note § 1025, post.

Administration and distribution of, of decedent. — See 1
Church's New Probate Law and Practice 797, 801-804, 897.

Adverse possession. — See 1 Cent. Dig. col. 2034, § 6; col. 2094,
§87; col. 2134, §130[f]; col. 2139, §§138[a, b]; col. 2163, §193[c];
col. 2353, §414; col. 2411, §490; col. 2414, §493; col. 2536, §§619-
623.

Alien ownership of. — See 2 Cent. Dig. col. 161, §59; 1 Decen.
Dig. p. 633, § 14.

Choses in action as. — See 60 A. R. 413; 62 A. S. 436; 16 L.
729; 37 L. 384; 6 W. & P. 5352.

563



§ 947 CIVIL CODE. [Div.II.Pt.III.

Claim ex contractu or ex delicto as. — See 6 W. & P. 5352.

Confusion of. — See 10 Cent. Dig. col. 1075, §§1-16; 4 Decen.
Dig. p. 487, §§ 1-15.

Conversion of, acts constituting and liability therefor. — See
47 Cent. Dig. col. 6, §§ 1-102.

Definition and distinctions. — See 22 Encye. L. 747; 6 W. &
P. 5346-5351.

Delivery and acceptance, as accord and satisfaction. — See 1
Cent. Dig. col. 512, §119[d].

Growing crops as. — See 5 A. C. 480.

Growing fruit as. — See 16 L. 103.

Independent situs of. — See 2 Obiter Dig. 463, 464.

I-iaw governing distribution of. — See 2 Obiter Dig. 464.

Law governing management and disposition of — Generally. —
See 2 Obiter Dig. 464.

Liability for wrongs relating to. — See 22 Encyc. L. 756.

Loss of and finding thereof. — See 23 Cent. Dig. col. 954, §§ 1-10;
9 Decen. Dig. col. 66, §§ 1-11.

Mobilia sequntur personam, origin of rule. — See 2 Obiter
Dig. 462, 463.

Mode of passing title — Deed unnecessary. — See 2 Obiter Dig.
462.

Mortgage of, or agreement to mortgage crops to be planted,
validity of. — See 5 A. C. 400.

Ownership and attributes of. — See 22 Encyc. L. 751.

Partition of.— See 38 Cent. Dig. col. 72, §59; col. 82, §67; col.
120, §59; col. 131, §110; col. 448, §456.

Right to plead inconsistent defenses in actions relating to. —
See 48 L. 197.

Specific performance of contracts in reference to. — See 5 A. C.
269; 10 A. C. 934; 44 Cent. Dig. col. 1313, § 65.

Tenancy by entireties in. — See 22 L. 94; 30 L. 317.

Title to and methods of acquiring. — See 22 Encyc. L. 752-755.

What constitutes — Claim and compensation. — See 2 Obiter
Dig. 462.

§947. FUTURE INTERESTS IN PERISHABLE PROP-
ERTY, 110 >V PROTECTED (repealed).

History: Enacted March 21, 1872; repealed March 30, 1874,
Code Amdts. 1873-4, p. 223.



564



Tit.II.ch.L] THINGS IN ACTION. §§953,954

TITLE II.

PARTICULAR KINDS OF PERSONAL, PROPERTY.

Chapter I. Things in Action, §§ 953, 954.

II. Shipping, §§ 960-973.

III. Products of the Mind, §§ 980,-985.

IV. Other Kinds of Personal Property, §§ 991-995.

CHAPTER I.

THINGS IN ACTION.

§ 953. Things in action defined.
§ 954. Transfer and survivorship.

§953. THi:\GS IN ACTION DEFINED. A thing in action
is a right to recover money or other personal property by a
judicial proceeding.

History: Enacted Marcli 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 224.

See Kerr's Cyc. C. C. for 18 pars, annotation.

123 C. 157, 161, 55 P. 786 (construed and applied); 143 C. 528.
534, 77 P. 471 (cited — a chose in action, while not capable of
manual delivery, is a subject of gift); 144 C. 631, 633, 78 P. 22
(certificate of stock may be transferred or assigned); 54 F.
320, 331 (construed with § 954 — what right of action survives
to administrator as assets in his hands).

As to many miscellaneous matters of personal property, see
note § 946, ante.

Delivery of possession, etc., not necessary. — See Kerr's Cyc.
C. C. § 3440 and note.

Survivorship. — See Kerr's Cyc. C. C. § 954 and note.

Transfer of chose in action. — See Kerr's Cyc. C. C. § 954 and
note.

§954. TRANSFER AND SURVIVORSHIP. A thing in
action, arising out of the violation of a right of property, or
out of an obligation, may be transferred by the owner. Upon
the death of the owner it passes to his personal representa-

565



§ 954 CIVIL CODE. [Div.II.Ptlll.

tives, except where, in the cases provided in the Code of Civil
Procedure, it passes to his devisees or successor in office.

History: Enacted March 21, 1872. See Practice Act 1851,
§ 4, and other statutes referred to in brief in 9 C. 325, 327; Act
May 15, 1854, §4, and Act May 7, 1855, 6 C. 247, 248; Acts
1851, 1854, 1855, and 1864, referred to in 32 C. 590, 593.

South Dakota Coinp. Laws, § 2S77 is identical. — 3 S. D. 434,
53 N. W.. 857.

See Kerr's Cyc. C. C. for 94 pars, annotation.

144 C. 256, 260, 79 P. 451, 1 A. C. 850 (applied to obligation
arising out of contract); 144 C. 631, 633, 78 P. 22 (certificate of
stock may be transferred or assigned); 3 C. A. 561, 568, 86 P.
820 (what may be assigned); 7 C. A. 248, 254, 94 P. 252, 253
(right of action is property and is transferable); 54 F. 320, 331
(construed with § 954 — what right of action survives to admin-
istrator as assets in his hands).

As to duty of attorneys to maintain respect due to courts
of justice, etc., see Kerr's Pocket C. C. P. § 282.

As to law governing personal property, see Kerr's Cyc. C. C.
§ 946 and note.

As to many miscellaneous matters as to personal property, see
note § 946, ante.

As to party plaintiff in actions for infringement of patent,
see 16 Encyc. P. 65-69.

Assignability of cause of action for personal injury. — See 44
L. 77-88.

Attorneys — Purchase of claim for purpose of suit constitutes
misdemeanor. — See Kerr's Cyc. Pen. C. § 161 and note.

Counterclaim not barred by assignment. — See Kerr's Cyc. C.
C. P. § 440 and note.

Defense not prejudiced by. — See Kerr's Cyc. C. C. P. § 368 and
note.

Definition of "obligation." — See Kerr's Cyc. C. C. § 1458 and
note par. 2.

General rules governing assignment of choses in action. —
See 34 A. S. 210-212.

Lien waived by transfer of contract. — See Kerr's Cyc. C. C.
§ 3047 and note.

Notice of assignment to obligor — Necessity for and requisites
of.— See 2 Encyc. L. 1076-1079; 36 A. D. 475-477.

Optional contract is assignable. — See Kerr's Cyc. C. C. §1459
and note pars. 55-57.

Patents for inventions — Assignment of. — See Rev. Stats. U. S.
§ 4921; 5 F. S. A. 577 and note.

Pendente lite assignment — Authority to make. — See Kerr's
Cyc. C. C. § 1459 and note par. 3.

566



Tit.II,ch.II,art.I.] ships and shipping. §960

Revival of action— Substitution of parties.— See Kerr's Cyc.
C. C. P. § 385 and note.

Waiver of lien by transfer of contract for payment of price. —
See Kerr's Cyc. C. C. § 3047 and note.

Warrants— Assignability of.— See Kerr's Cyc. C. C. § 1459 and
note pars. 49-53.



CHAPTER 11.

SHIPPING.

Article I. General Provisions, §§ 960-966.
II. Rules of Navigation, §§ 970-973.



ARTICLE I.

GENERAL, PROVISIONS.

§ 960. Definition of a ship.

§ 961. Appurtenances and equipments.

§ 962. Foreign and domestic navigation.

§ 963. Foreign and domestic ships distinguished.

§ 964. Several owners.

§ 965. Owner for voyage.

§ 966. Registry, etc.

§ 960. DEFINITION OF A SHIP. The term "ship or ship-
ping," when used in this code, includes steamboats, sailing
vessels, canal-boats, barges, and every structure adapted to
be navigated from place to place for the transportation of
merchandise or persons.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 224.

See Kerr's Cyc. C. C. for 23 pars, annotation.

As to many miscellaneous matters as to personal property, see
note § 946, ante.

As to what is a vessel within the maritime lien laws, see

1 L. 505.

SHIPS AND SHIPPING — GENERALLY.

As to insurance of vessel and cargo, see note § 2655, post.
As to what are vessels.— See 1 L. 505; 8 W. & P. 7297-7301.
Collision at sea, when deemed acts of God. — See 46 A. D. 592.

567



§ 960 CIVIL CODE. [Div.II,Pt.III.

Collision of vessels, liability for damages caused by. — See 45
A. D. 51; 7 L. 56.

Crew of chartered vessel, servants of whom. — See 37 L. 54.

Damages.— Caused by collision. — See 7 L. 56.

Same — For loss of vessel caused by collision. — See 6 A. C. 129.

Same — For personal injuries. — See 7 L. 57.

Definition of ships. — -See 7 W. & P. 6485.

Definition of vessel. — See 8 W. & P. 7297.

Demise of vessel by charter party. — See 5 A. C. 623.

Demutrag-e. — See 30 A. S. 634.

Duty of ship owners to seamen. — See 1 A. S. 812.

Duty of steamer to avoid imperiling of small boat by swells.
—See 7 L. N. S. 920.

Duty of vessel to land at wharf to permit visitor to depart. —
See 10 L. N. S. 969.

Duty to furnish medical aid to seamen. — See 28 L. .^49.

Effect of strike on. — See 35 L. 630.

Express provision in charter party against demurrage in
case of strike, effect and construction of. — See 5 L. N. S. 126.

Fellow servants in ship's crew, who are part from statute,
where no question as to vice-principal arises. — See 50 L. 438.

General average — As to generally, see 2 A. D. 207.

Same — Liability of effects of passengers to contribute in. —
See 2 L. 287.

Same — Voluntary sacrifice essential to. — See 14 A. D. 613.

Hired vessels, liability of owners of. — See 13 A. D. 87.

Home port of vessel, what is for purposes of taxation. — See
2 L. N. S. 197.

Jurisdiction and power of consul. — See 45 L. 486-500.

Jurisdiction of ships at sea. — See 46 L. 264.

Liability — Of effects of passengers, to contribute in general
average. — See 2 L. 287.

Liability for failure to forward bonded merchandise. — See 4
L. N. S. 1060.

Liability for failure to furnish passenger with berth. — See
5 L. N. S. 1012.

Liability of owner for costs of removing vessel sunk in har-
bor.— See 3 L. N. S. 1120.

Liability of owners to seamen for acts of officers and em-
ployees. — See 31 A. S. 805.

Liability of shippers of goods for injviries to seamen. — See
46 L. 104.

Liability of vessels of owners. — See 2 L. 173; 39 L. 177; 46 L.
73; 51 L. 555; 61 L. 282; 64 L. 977.

Lien of carriers by water for demurrage. — See 5 A. C. 388.

Limitation of liability — As to generally, see 7 L. 55; 10 L. 420.

Same — Of vessel as to goods shipped. — See 7 A. C. 283; 7 A. C.
471; 9 A. C. 17.

568



Tit.II,ch.II,art.I.] ships and shipping. §960

Limit of liability for passenger's bag-gage. — See 9 A. C. 909.

Loss by fire, liability. — See 7 L. 56.

Loss by perils of the sea. — See 3 L. 426.

Loss of profits as an element of damages for breach of char-
ter or rental of vessel. — See 53 L. 105.

Loss or destruction of cargo, right of carrier to recover for. —
See 2 L. 174.

"Loss," what is within meaning of statute terminating sea-
men's wages upon, of vessel. — See 6 A. C. 68.

Master's liability for injury done by servant of third person



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