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see Martin's Mining Law and Land Office Procedure, pp. 534, 578,
579, 587, 770, 771, 772, 773.

§U26ii. SAME. RECORDING AFFIDAVIT. FEE FOR.

For recording the affidavit herein required, the county
recorder shall receive a fee of fifty cents.

History: Enacted Marcli 13, 1909, Stats, and Amdts. 1909, p.
316.



§14260. CO-OWNER. NOTICE TO DELINQUENT
CO-OWNER. PROOF OF SERVICE. Whenever a co-owner
or co-owners of a mining claim shall give to a delinquent
co-owner or co-owners the notice in writing or notice by pub-
lication provided for in section twenty-three hundred and
twenty-four. Revised Statutes of the United States, an affida-
vit of the person giving such notice, stating the time, place,
manner of service, and by whom and upon whom such service
was made, shall be attached to a true copy of such notice, and
such notice and alfHdavit nnist be recorded in the office of the
county recorder, in books kept for that purpose, in the county
in which the claim is situated, within ninety days, after the
giving of such notice; for the recording of which said
recorder shall receive the same fees as are now allowed by
law for recording deeds;

[Notice by publication— Proof of service.] Or if such notice
is given by publication in a newspaper, there shall be attached
to a printed copy of such notice an affidavit of the printer or
his foreman, or principal clerk of such paper, stating the date
of the first, last and each insertion of such notice therein,
and where the newspaper was published during that time,
and the name of such newspaper. Such affidavit and notice

785



§ 14260 CIVIL CODE. [Div.II.Pt.IV.

shall be recorded as aforesaid, within one hundred and eighty
days after the first publication thereof.

[Notice and certified copj — Prima facie eyideiice.] The
original of such notice and affidavit, or a duly certified copy
of the record thereof, shall be prima facie evidence that the
delinquent mentioned in section twenty-three hundred and
twenty-four has failed or refused to contribute his propor-
tion of the expenditure required by that section, and of the
service of publication of said notice; provided, the writing
or affidavit hereinafter provided for is not of record.

[Contribution by co-owner — Payment of costs — Receipt to
delinquent.] If such delinquent shall, within the ninety days
required by section twenty-three hundred and twenty-four,
aforesaid, contribute to his co-owner or co-owners, his pro-
portion of such expenditures, and also all costs of service
of the notice required by this section, whether incurred for
publication charges, or otherwise, such co-owner or co-owners
shall sign and deliver to the delinquent or delinquents a
writing, stating that the delinquent or delinquents by name
has within the time required by section twenty-three hundred
and twenty-four aforesaid, contributed his share for the year

, upon the mine, and further stating therein

the district, county and state wherein the same is situated,
and the book and page where the location notice is recorded,
if said mine was located under the provisions of this act;

[Receipt to co-owner to be recorded — Fees.] Such writing
shall be recorded in the office of the county recorder of said
county, for which he shall receive the same fees as are now
allowed by law for recording deeds.

[Failure to give co-owner receipt^ — Penalty.] If such
co-owner or co-owners shall fail to sign and deliver such
writing to the delinquent or delinquents within twenty days
after such contribution, the co-owner or co-owners so failing
as aforesaid shall be liable to the penalty of one hundred
dollars to be recovered by any person for the use of the
delinquent or delinquents in any court of competent jurisdic-
tion.

[Failure to give receipt — Affidayit of contribution.] If such

786



,j,j^ X.] RECORD OF LOCATION. §§ 1426p-1426r

co-owner or co-owners fail to deliver such writing within
said twenty days, the delinquent, with two disinterested
persons having personal knowledge of such contribution,
may make affidavit setting forth in what manner, the amount
of, to whom, and upon what mine, such contribution was
made. Such affidavit, or a record thereof, in the office of the
county recorder, of the county in which such mine is situated,
shall be prima facie evidence of such contribution.

History: Enacted March 13, 1909, Stats, and Amdts. 1909, p.

As to notice to delinquent co-owner, see Martin's Mining Law
and Land Office Procedure, §§ 182-185.

§ 14261). RECORD OF LOCATION. EVIDENCE OF SAME
'force as original notice. The record of any location
of a mining claim, mill site or tunnel right, in the office of the
county recorder, as herein provided shall be received in
evidence, and have the same force and effect in the courts
of the state as the original notice.

History: Enacted March 13, 1909, Stats, and Amdts. 1909. p.

317

As to record as evidence, see Martin's Mining Law and Land

Office Procedure, § 166.

§1426q. RECORD OF INSTRUMENTS. CERTIFIED
COPIES ADMISSIBLE AS EVIDENCE. Copies of the records
of all instruments required to be recorded by the provisions
of this act, duly certified by the recorder, in whose custody
such records are, may be read in evidence, under the same
circumstances and rules as are now, or may be hereafter
provided by law, for using copies of instruments relating to
real estate, duly executed or acknowledged or proved and
recorded.

History: Enacted March 13, 1909, Stats, and Amdts. 1909. p.
317.

§ 1426r. MINING DISTRICT RULES AND REGULATIONS.
NOT AFFECTED BY ACT. The provisions of this act shall
not in any manner be construed as affecting or abolishing any

787



§ 1426s CIVIL CODE. [Div.II,Pt.IV.

mining district or the rules and regulations thereof within
the State of California.

History: Enacted March 13, 1909, Stats, and Amdts. 1909, p.
317.

As to miners' rules and regulations, see Martin's Mining Law
and Land OfRce Procedure, pp. 8-17.

§ 1426s. DEVELOPMENT WORK. FAILURE OR NEGLECT
TO PERFORM IN MANNER AND TIME REQUIRED.
EFFECT OF. The failure or neglect of any locator of a
mining claim to perform development work of the character,
in the manner and within the time required by the laws of
the United States, shall disqualify such locators from relocat-
ing the ground embraced in the original location or mining,
claim or any part thereof under the mining laws, within
three years after the date of his original location and any
attempted re-location thereof by any of the original locators
shall render such location void.

[Repealing clause.] Sec. 2. All acts and parts of acts
in conflict with this act, are hereby repealed.

History: Enacted March 13, 1909, Stats, and Amdts. 1909, p.
317.

As to development work, amount required, sufficiency, etc.,
see Martin's Mining- Law and Land Office Procedure, pp. 132-143.

Defect in Act — Effect on validity of section. Tlie above sec-
tion is enumerated in tlie title to tlie Act, but is not set out
in the seratim enumeration of the new sections to be added
to the code, contained in the introductory part of section one
of the Act; yet tlie above new section purports to be a part
of said section one of the Act. Wliat the effect of this omis-
sion will be raises a novel question, which question is for
tlie courts to determine.



788



DIYISIOX THIRD.

Part I. Obligations in General §§ 1427-1543.

II. Contracts, §§ 1549-1701.

III. Obligations Imposed by Law, §§ 1708-1715.

IV. Obligations Arising from Particular Transac-

tions, §§ 1721-3268.



789



I



I



DiV.III,Pt.I,Tit.I.] INCURRING OF, ETC. §§ 1427, 1428



PART I.

OBLIGATIONS IN GENERAL.

Title I. Definition of Obligations, §§ 1427, 1428.

II. Interpretation of Obligations, §§ 1429-1451.

III. Transfer of Obligations, §§ 1457-1468.

IV. Extinction of Obligations, §§ 1473-1543.



TITLE I.

DEFINITION OF OBLIGATIONS.

§ 1427. Obligation, what.

§ 1428. How incurred and enforced.

§ 1427. OBLIGATION, WHAT. An obligation is a legal
duty, by which a person is bound to do or not to do a certain
thing.

History: Enacted March 21, 1872.

56 C. 217, 218 (construed with other sections); 134 C. 586, 588.
66 P. 856 (referred to); 54 F. 320, 331 (applied, with other
sections, to cause of action surviving to administrator as
assets in his hands).

Obligation. — See Kerr's Cyc. C. C. § 1428 and note.

Same — Damages for breach. — See Kerr's Cyc. C. C. § 1427 and
note.

§1428. now INCURRED AND ENFORCED. An obliga-
tion arises either from:

1. The contract of the parties; or,

2. The operation of law.

An obligation arising from operation of law may be en-
forced in the manner provided by law or by civil action or
proceeding.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 239.

791



§ 1428 CIVIL CODE. [Div.III.Pt.I.

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

56 C. 217, 218 (construed with other sections); 110 C. 374, 385,
42 P. 896 (applied); 134 C. 586, 588, 66 P. 856 (referred to); 150
C. 667, 670, 89 P. 1083 (crystallizing principle that where right
is given by statute without any prescribed remedy, it may be
enforced by any appropriate method recognized by general law
of procedure); 54 F. 320, 331 (applied, with other sections, to
cause of action surviving administrator as assets in his
hands).

Obligation of contracts — Changing charter of corporation as
impairing.— See 8 A. C. 614; also 3 A. C. 86, 88; 4 A. C. 93; 9
A. C. 1121; 10 Cent. Dig. col. 1619 §§271 et seq.; 4 Decen. Dig.
p. 1679, §§ 113 et seq.



792



Tit.II.chs.I.IL] JOINT AND SEVERAL. \ § 1432




TITLE II.

INTERPRETATION OF OBLIGATIONS

Chapter I. General Rules of Interpretation, § 1429.

II. Joint and Several Obligations, §§ 1430-14

III Conditional Obligations, §§ 1431-1442.

IV. Alternative Obligations, §§ 1448-1451.

CHAPTER I.

GENERAL RULES OF INTERPRETATION.

§ 1429. General rules.

§ 1429. GENERAL RULES. The rules which govern the
interpretation of contracts are prescribed by part two of
this division. Other obligations are interpreted by the same
rules by which statutes of a similar nature are interpreted.

History: Enacted March 21. 1872.

CHAPTER II.

JOINT OR SEVERAL OBLIGATIONS.

§ 1430. Obligations, joint or several, etc.

§ 1431. When joint.

§ 1432. Contribution between joint parties.

§1430. OBLIGATIONS, JOINT OR SEVERAL, ETC. An

obligation imposed upon several persons, or a right created
in favor of several persons, may be :

1. Joint;

2. Several; or,

3. Joint and several.

Hlstorj-: Enacted March 21, 1872.

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

69 C. 616, 620, 11 P. 456, 458 (applied); 129 C. 239. 241, 243,
61 P. 1088 (construed and applied).

793



§ 142R CIVIL CODE. [Div.III.Ptl.

§ 1431. WHEN JOINT. An obligation imposed upon sev-
eral persons, or a right created in favor of several persons,
is presumed to be joint, and not several, except in the
special cases mentioned in the title on the interpretation
of contracts. This presumption, in the case of a right, can
be overcome only by express words to the contrary.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 30 pars, annotation.

69 C. 616, 620, 11 P. 456, 458 (applied); 127 C. 142, 150, 78 A. S.
35, 42, 59 P. 390 (cited); 129 C. 239, 243, 61 P. 1088 (cited); (C.
Dec. 26, 1902), 70 P. 1071 (construed witli other sections); 140
C. 535, 537, 74 P. 26 (cited); 3 C. A. 583, 589, 590, 591, 86 P. 825
(construed^section does not purport to determine rights of
parties as between themselves — presumption may be rebutted).

JOINT DEBTORS.

Accord and satisfaction by one or more. — See 1 Cent. Dig. col.
461, § 24; col. 473, § 50 [d, e] ; col. 474, § 55.

Act of joint debtor not a co-partner as ground for adjudica-
tion in bankruptcy against the other. — See 6 Cent. Dig. col 167,
§63.

Action — For damages for joint tort. — See 6 L. 630.

Same — May be brought against by whom. — See 64 L. 604.

Attachment against. — 'See 5 Cent. Dig. col. 246, §51; col. 494,
§279.

Character of the liability of several persons whose independ-
ent wrongs of the same kind contribute to enhance the degree
or extent of the injury. — See 10 L. N. S. 167.

Contribution between. — See 11 Cent. Dig. col. 2185, §§ 3, 4.

Curing separate verdict rendered in action for joint tort. —
See 10 L. N. S. 191.

Due process in service on. — See 50 L. 595.

Effect of transfer by one joint debtor, without indorsement,
of worthless check or note to third person. — See 10 L. N. S. 549.

Joint liability of master and servant — For negligence or
nonfeasance of servant. — See 28 L. 441.

Same — For tort of servant. — See 12 L. N. S. 669.

Judgment against — As to generally, see 30 Cent. Dig. col. 582,
§§ 415-426.

Same — Two, service being on only one. — See 1 K 311.

Part payment by one joint debtor as preventing bar of
statute of limitations. — See 33 Cent. Dig. col. 1159. §§ 624-626.

Release — Effect of judgment against one joint tort-feasor
upon liability of the others. — See 58 L. 410.

Same — Effect of judgment in favor of one defendant charged

794



Tit.II,clx.II.] CONTRIBUTION. § 1432

with negligence on liability, of co-defendant. — See 2 L. N. S. 764.

Same — Effect of release of one joint tort-feasor on liability of
others. — See 58 L. 293.

Same — Effect of verdict for servant in action against master
and servant for servant's misfeasance. — See 9 L. N. S. 880.

Same — Effect on pre-existing judginents of statutes permitting
release of one joint judgment debtor without affecting the
others. — See 9 L,. N. S. 1066.

Same — Judgment in action against part of joint obligators,
effect to release or limit liability of other obligators. — See 43
L. 161.

Same — rOf one joint debtor, effect on others. — See 5 L. 596.

Same — Payment by one joint debtor, effect to distinct debt. —
See 68 L. 514.

Same — Previous release of joint tort-feasor by servant
executing release on accepting benefits of relief fund. — See 11
L. N. S. 201.

Same — Where prior proceedings affect subsequent proceedings
in the same action. — See 43 L. 164.

Same — Where some of debtors are non-residents. — See 43 L.
162.

Same — Where the common-law rule is affected by statute. —
See 43 L. 162.

Removal of cause, because of separable controversy, of action
based upon joint or joint and several liability. — See 5 L. N. S.
91.

Service of process on. — See 40 Cent. Dig. col. 2575, § 49.

§ 1432. CONTRIBUTIOIf BETWEEN JOINT PARTIES.

A party to a joint, or joint and several obligation, who
satisfies more than his share of the claim against all, may
require a proportionate contribution from all the parties
joined with him.

History: Enacted March 21, 1872.

See 'Kerr's Cyc. C. C. for 84 pars, annotation.

117 C. 195, 202, 49 P. 8 (construed); 130 C. 245, 254, 62 P. 466,
600 (applied with other sections); 132 C. 480, 482, 64 P. 853
(applied); 135 C. 91, 93, 67 P. 7 (applied with §709); 6 C. A,
686, 688, 92 P. 1035 (applied to cosureties — contribution — sub-
rogation).

As to joint debtors generally, see note § 1431, ante.



795



§§ 1434, 1435 CIVIL CODE. [Div.III.Pt.I.

CHAPTER III.
CONDITIONAL. OBLIGATIONS.

§ 1434. Obligation, when conditional.

§ 1435. Conditions, kinds of.

§ 1436. Conditions precedent.

§ 1437. Conditions concurrent.

§ 1438. Condition subsequent.

§ 1439. Performance, etc., of conditions, when essential.

§ 1440. When performance, etc., excused.

§ 1441. Impossible or unlawful conditions void.

§ 1442. Conditions involving forfeiture, how construed.

§ 1434. OBLIGATION, >VHEN CONDITIONAL. An obliga-
tion is conditional, when the rights or duties of any party
thereto depend upon the occurrence of an uncertain event.
History: Enacted March 21, 1872.

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

As to condition concurrent, precedent, and subsequent, see
Kerr's Cyc. C. C. §§1436, 1437, 1438 and notes; also note §1435,
post.

§1435. CONDITIONS, KINDS OF. Conditions may be
precedent, concurrent or subsequent.

Hi-story: Enacted March 21, 1872.

CONDITIONS — GENERALLY.

As to conditions concurrent, see Kerr's Cyc. C. C. § 1437 and
note.

As to conditional legacies, see Kerr's Cyc. C. C. §§ 1345, 1346
and notes.

As to conditions of ownership, see Kerr's Cyc. C. C. §§ 707,
708 and notes.

As to conditions precedent, see Kerr's Cyc. C. C. §§ 1346, 1436
and notes.

As to conditions subsequent, see Kerr's Cyc. C. C. § 1438 and
note.

As to various kinds of conditions, see 8 Cyc. 558.

Breach of — Who may take advantage of. — See 6 Encyc. L.
506.

Conditional limitations. — See 6 Encyc. L. 514.

Conditions against contesting will. — See 6 Encyc. L. 512.

796



Titll.ch.IIL] CONDITIONS, GENERALLY. §1435

Conditions subsequent— General nature.— See 6 Encyc. L. 504^
Same— As to what are— Effect of on a succeeding law or act of
God preventing performance.— See 5 L. 422; 21 L. o8.

Creation and construction of conditions precedent.— See .

W & P. 1402.

Distinctions as to conditions.— See 6 Encyc. L. 503.
Exemptions and reservations.- See 6 Encyc. L. oId.
E.xpress and implied conditions.— See 6 Encyc^ L. 500.
Form and construction of conditions.— See 6 Encyc^ L. 501.
In deeds— Conditions— As to generally, see 4 L. 3^3.
Same— Same— Covenants distinguished from.— See 1 L. 380.

' Same-Same-Equitable relief against forfeiture for breach

of —See 69 L. 836, 841. 842.

Same-Same-Forbidding sale of intoxicating liquors upon

premises. — See 4 L. 373.

Same— Same— Forefeiture of estate for breach of— As manu-
facture or sale of liquors.— See 2 L. 526; 5 L. 423.

Same— Same— Liability of grantee upon, in deed poll.— See

OO T ^96

Same— Same— Limited to use of land for a specified charitable
or quasi public purpose. — See 19 L. 262.

Same— Same— Riglit of re-entry for.— See 5 L. 4l4.

Same— Same— Rule that must be express and certain.- bee

^%ame— Same— Transferability of right of entry for. broken.—

See 60 L. 750-764.

Same— Conditions and restrictions, validity of.— See 95 a.

'same— Conditions precedent and subsequent, impossibility of

performance. — See 70 A. S. 289. ^

Same— Conditions precedent, what are.— See 102 A. S. 366; -

Same— Conditions subsequent— As to generally, see 31 A. b.

46; 2 W. & P. 1402. ., tx- x. p

Same— Same— Creation and construction of.— See . \\ . ^ ^-

1404

Same— Same— Distinguished from conditions precedent.— vSee

2 W. & P. 1401.

Same— Same— Mode of taking advantage of breaches of.— bee

93 A. S. 372. ., . T? «•?- 79

Same— Same— What language creates.— See 57 A. K. b.i.

"same-^Same— When and at whose instance may be avoided
for breach of. — See 44 A. D. 743.

Same— Same— Condition of payment of money^Equitable
relief against forfeiture for breach of. — See 69 L. 842.

797



§§ 1436, 1437 CIVIL CODE. [Div.III.Pt.I.

Same — Same — Conditions for support — Equitable relief against
forfeiture for breach of. — See 69 L. 841.

In wills — Conditions in restraint of marriage. — See 1 L. 387.

Same — Same — Meaning of words "Unmarried," and "Without
having been married", in will. — See 15 L. 292.

In wills — Condition precedent, condition subsequent, and con-
ditional devises — Operation and effect. — See 9 L. 165.

In wills — Conditions precedent — What are. — See 102 A. S. 366.

Same-^^Conditions providing forfeiture by contesting, validity.
— See 68 L. 447-457.

Same — Enforcement of condition. — See 9 L. 165.

Same — Devise during widowhood. — See 1 L. 432; 9 L. 573.

Same — Distinction between words of limitation and condition.
— See 9 L. 165.

Same — Occurrence of contingencies. — See 10 L. 816.

Performance of conditions — As to generally, see 6 Encyc. L.
504.

Restraint on alienation. — See 6 Encyc. L. 509.

Restraint on marriage. — See 6 Encyc. L. 512.



§ 1436. CONDITIONS PRECEDENT. A condition prece-
dent is one which is to be performed before some right
dependent thereon accrues, or some act dependent thereon
is performed.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 65 pars, annotation.

98 C. 433, 440, 33 P. 332, 334 (applied).

As to conditions generally, see note § 1435, ante.

As to conditions precedent, see 38 A. D. 54; 62 A. D. 54; 70 A.
S. 829-837.

As to impairment of state contracts, see 13 L. 170.

As to impairment of vested rights, see 10 L. 405.

As to waiver of condition precedent, see notes and briefs 6
L. 342; 60 L. 18.

§ 1437. CONDITIONS CONCURRENT. Conditions concur-
rent are those which are mutually dependent, and are to be
performed at the same time.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 20 pars, annotation.

53 C. 721, 723 (applied); 87 C. 49, 59, 25 P. 249, 252 (applied).
As to conditions generally, see note § 1435, ante.

798



Tit.II,ch.III.] PERFORMANCE. §§ 1438, 1439

§ 1438. CONDITION SUBSEQUENT. A condition subse-
quent is one referring to a future event, upon the happening
of which the obligation becomes no longer binding upon the
other party, if he chooses to avail himself of the condition.

History: Enacted March 21, 1S72.

See Kerr's Cyc. C. C. for 44 pars, annotation.

As to conditions generally, see note § 1435, ante.

As to conditions subsequent in deeds, see Kerr's Cyc. C. C.
§1109 and note pars. 10-13.

As to construction of conditions subsequent, see Kerr's Cyc. C.
C. §1438, note pt. IV; also 75 A. D. 171-173; 80 A. D. 189; 79
A. S. 747, 769.

As to what words will or will not create condition subsequent,
see 44 A. D. 741-759; 57 A. R. 63-68; 79 A. S. 747-769.

§1439. PERFORMANCE, ETC., OF CONDITIONS, WHEN

ESSENTIAL. Before any party to an obligation can require
another party to perform any act under it, he must [1] fulfil
all conditions precedent thereto imposed upon himself; and
must [2] be able and offer to fulfil all conditions concurrent
so Imposed upon him on the like fulfilment by the other party,
except as provided by the next section.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 209 pars, annotation.

87 C. 49, 59, 25 P. 249, 252 (applied); 98 C. 377, 381, 33 P. 266
(construed); 107 C. 55, 65, 40 P. 45 (applied); 117 C. 669. 671,
49 P. 840 (applied); 133 C. 456, 458, 65 P. 968 (applied): 146 C.
580, 584, 80 P. 929 (he who seeks to enforce a contract must
show that he lias complied with conditions and agreements of
contract on his part to be performed); 153 C. 234, 240, 94 P.
889 (no right of redeinption of pledge arises until when); 4 C. A.
361, 367, 88 P. 287 (obligation of contract is not condition
precedent unless made so, how).

As to admissibility of evidence of waiver or in excuse of per-
formance, see 62 A. D. 54.

As to averment of performance of conditions, see Kerr's Cyc.
C. C. § 1439, note pars. 35-45.

As to avoidance of deed on breacli of condition subsequent, see
44 A. D. 743, 759.

As to conditions generally, see note § 1435, ante.

As to dependent and independent covenants and conditions,
see 5 L. ed. 600.

799



§ 1440 CIVIL CODE. [Div.III.Pt.I.

As to duration of condition subsequent and who bound by, see
44 A. D. 745.

As to effect of breach of condition subsequent, see 44 A. D.
754, 755.

As to evidence of waiver or in excuse of performance, see 62
A. D. 55.

As to excuses for non-performance, see Kerr's Cyc. C. C. § 1441
and note.

As to forfeiture of a corporate franchise, see Kerr's Cyc. C.
C. § 1439, note par. 75.

As to impossibility of performance, see Kerr's Cyc. C. C. § 1441
and note.

As to improvements. — See Kerr's Cyc. C. C. § 1439, note par.
146.

As to independent conditions, see 5 L. ed. 600.

As to performance and time in wliich condition must be per-
formed, see 44 A. D. 748.

As to performance of conditions precedent, see 62 A. D. 54.

As to refusal to perform and its effect, see Kerr's Cyc. C. C.
§ 1439, note pars. 29-34.

As to relief in equity against forfeiture, see 68 A. D. 85-88.

As to substantial compliance, see 9 L. 52.

As to time being of the essence of the contract, see note
2 Edw. Ch. (N. Y.) 78, 6 L. ed. 315.

As to vesting of legacy upon failure to perform conditions
subsequent, see 78 A. D. 234-336.

As to waiver and excuse of performance, see 44 A. D. 745.

As to waiver and excuse for non-performance, see 44 A. D.



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