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bids by the seller, or any agent for him, are void.

Hi.story: Enacted March 21. 1872.

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

As to many miscellaneous matters as to sales, see note § 1721,
ante.

Responsible bidders, who are, and how to enforce their rights.
— See 50 A. S. 489-497.

§ 1797. BY BIDDING. The employment by a seller of any
person to bid at a sale by auction, without the knowledge of
the buyer, without an intention on the part of such bidder
to buy, and on the part of the seller to enforce his bid, is a
fraud upon the buyer, which entitles him to rescind his pur-
chase.

History: Enacted March 21, 1872.
982



Tit.I,ch.IV.] MEMORANDUM OF SALE. § 1798

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

As to many miscellaneous matters as to sales, see note § 1721,
ante.

Effect of preventing or checking bids upon validity of sale
at auction. — See 20 L. 545-553.

Right of auctioneer or officer conducting sale to bid. — See
20 L. 503-508.

Stifling competition — Associations of persons employing one
to bid for all. — See 96 A. D. 268-270.

§ 1798. AUCTIONEER'S MEMORANDUM OF SALE. When
property is sold by auction, an entry made by the auctioneer,
in his sale book, at the time of the sale, specifying the name
of the person for whom he sells, the thing sold, the price, the
terms of sale, and the name of the buyer, binds both the par-,
ties in the same manner as if made by themselves.

History: Enacted March 21, 1872; amended March 30, 1874.
Code Amdts. 1873-4, p. 244.

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

As to many miscellaneous matters as to sales, see note § 1721,
ante.

Auctioneer's authority to bind parties by memorandum. — See
Kerr's Cyc. C. C. § 2363 and note.

Cognate section. — Substantially same provision is contained
in Kerr's Cyc. C. C. § 1624, subd. 4, in note to which, pars. 212-
219, will be found full treatment of subject.

Statute must be complied with. — See Kerr's Cyc. C. C. § 1793
and note par. 2.



983



§ 1804 CIVIL CODE. [Div.III.Pt.IV.






TITLE II.
EXCHANGE.



§ 1804. Exchange, what.

§ 1805. Form of contract.

§ ISOfi Parties have rights and obligations of sellers and buyers.

§ 1807. Wairaniy of money.

§ 1804. EXCHANGE, WHAT. Exchange is a contract by
which the parties mutually give, or agree to give, one thing
for another, neither thing, or both things, being money only.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 7 pars, annotation.

71 C. 290, 292, 12 P. 172, 173 (construed with § 1806 — contract
for exchange of land is contract of sale).

EXCHANGE OF PROPERTY.

Definition of. — See 21 Encyc. L. 569; 3 W. & P. 2546.

Distinguished from a sale. — See 94 A. S. 227; 21 Encyc. L. 570;
7 W. & P. 6300.

Nature of contract of, in general, see 21 Cent. Dig. col. 203
§§1, 2; 8 Decen. Dig. p. 1609, § 1.

Personal property, of — In general. — See 21 Encyc. L. 575.

Same — Construction of contract. — See 21 Cent. Dig. col. 224,
§19; 8 Decen. Dig. p. 1622, §§9, 10.

Same — Performance of contract. — See 21 Cent. Dig. col. 226,
§ 21.

Same — Transfer of title as between parties. — See 21 Cent.
Dig. col. 2226, § 23.

Same — Remedies of parties. — See 21 Encyc. L. 576-578.

Same — Rescission. — See 21 Cent. Dig. col. 224, §§20, 20 14; 8
Decen. Dig. p. 1622, § 11.

Same — Warranties. — See 21 Cent. Dig. col. 227, §23; 8 Decen.
Dig. p. 1623, § 12.

Power to sell personal property in agent's possession, as
implying power to exchange. — See 10 L. N. S. 1118.

Real property of — Construction of contract. — See 21 Cent.
Dig. col. 206, § 4; 8 Decen. Dig. p. 1613, § 4.

Same — Performance of breach of contract. — See 21 Cent. Dig.
col. 215, §11; 8 Decen. Dig. p. 1615, §6.

Same — Remedies of parties. — See 21 Cent. Dig. col. 218, §§ IS-
IS; 8 Decen. Dig. p. 1617, §§8-8(5).

Same — Requisites and validity of. — See 21 Cent. Dig. col. 205,
§3; 8 Decen. Dig. p. 1610, §§3-3(2); 21 Encyc. L. 571-574.

984



1



Tit. II.] CONTRACT— RIGHTS. §§ 180.5-1807

Same — Rescission of grounds for. — See 21 Cent. Dig. col. 208,
§§5-10.

Same — Rights and liabilities of parties. — See 21 Cent. Dig.
col. 215, §§12-14; 8 Decen. Dig. p. 1116, §7.

Same — Verbal contract for, enforceability of. — See 5 L. 245.

Rights, liabilities and remedies of parties. — See 21 Cent. Dig.
col. 228, §§25-29; 8 Decen. Dig. p. 1623, §13-13(5).

Same — ^Conditional exchange. — See 21 Cent. Dig. col. 234, § 30.

§ 1805. FORM OF CONTRACT. The provisions of section
seventeen hundred and thirty-nine apply to all exchanges in
which the value of the thing to be given by either party is
two hundred dollars or more.

HLstory: Enacted March 21, 1872.

As to difference between exchange and sale of property, see
94 A. S. 227.

As to exchange of property generally, see note § 1804, ante.

As to part performance taking contract out of statute of
frauds, see Kerr's Cyc. C. C. § 1624, note.

As to requisites of contract of exchange and authority to
sign, see Kerr's C5'c. C. C. § 1624, note.

As to statute of frauds and necessity of contract being in
writing, see Kerr's Cyc. C. C. § 1624, note.

§ 1806. PARTIES HAVE RIGHTS AND OBLIGATIONS OF
SELLERS AND BUYERS. The provisions of the title on sale
apply to exchanges. Each party has the rights and obliga-
tions of a seller as to the thing which he gives, and of a buyer
as to that which he takes.

History: Enacted March 21, 1872.

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

71 C. 290, 292, 293, 12 P. 172, 173 (construed with § 1804 — con-
tract for exchange of land is contract of sale); 74 C. 376, 379.
16 P. 194 (applied).

As to exchange of property generally, see note § 1804, ante.

§1807. WARRANTY OF MONEY. On an exchange of
money, each party thereby warrants the genuineness of the
money given by him.

History: Enacted March 21, 1872.
985



§ 1813 CIVIL CODE. [Div.III.Pt.IV.



TITLE III.

DEPOSIT.

Chapter I. Deposit in General, §§ 1813-1828.

II. Deposit for Keeping, §§ 1833-1872.
ill. L'eposit for Exchange, § 1878.



CHAPTER I.

DEPOSIT IN GENERAL.

Article I. Nature and Creation of Deposit, §§ 1813-1818.
II. Obligations of the Depositary, §§ 1822-1828.

ARTICLE I.

NATURE AND CREATION OF DEPOSIT.

§ 1813. Deposit, kinds of.

§ 1814. Voluntary deposit, how made.

§ 1815. Involuntary deposit, how made.

§ 1816. Same. [Duty of involuntary depositary.]

§ 1817. Deposit for safe-keeping, what.

§ 1818. Deposit for exchange, what.

§ 1813. DEPOSIT, KINDS OF. A deposit may be voluntary
or involuntary; and for safe-keeping or for exchange.

History: Enacted March 21, 1872.

As to common carriers, see Kerr's Cyc. C. C. §§ 2805 et seq.
and notes.

As to deposit for exchange, see Kerr's Cyc. C. C. § 1858 and
note.

As to deposit for hiring, see Kerr's Cyc. C. C. §§ 1851 et seq.
and notes.

As to deposit for keeping, see Kerr's Cyc. C. C. §§ 1833 et seq.
and notes.

As to gratuitous deposits and incidents, see Kerr's Cyc. C. C.
§§ 1844 et seq. and notes.

As to hiring, see Kerr's Cyc. C. C. §§ 1925 et seq. and notes.

986



il



Tit.III,ch.I,art.I.] INVOLUNTARY DEPOSIT. §§1814-1816

As to innkeepers, see Kerr's Cyc. C. C. §§ 1859 et seq. and
notes.

As to loan for exchange, see Kerr's Cyc. C. C. § 1902 and note.

As to loan for use, see Kerr's Cyc. C. C. §§ 1884 et seq. and
notes.

As to loan of money, see post § 1912.

As to money deposited with sheriff as indemnity, see Kerr's
Cyc. C. C. § 1318, note par. 1.

As to pledge, see Kerr's Cyc. C. C. §§ 2986 et seq. and notes.

As to trover by bailor, see 1 A. D. 587.

§ 1814. VOLUNTARY DEPOSIT, HOW MADE. A voluntary
deposit is made by one giving to another, with his consent,
the possession of personal property to keep for the benefit
of the former, or of a third party. The person giving is called
the depositor, and the person receiving the depositary.

History: Enacted March 21, 1872.

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

As to finder of lost article, see Kerr's Cyc. C. C. §§ 1864 et
seq. and notes; 1 L. N. S. 477.

As to obligations of depositary, see Kerr's Cyc. C. C. §§ 1822
et seq. and notes.

§ 1815. INVOLUNTARY DEPOSIT, HOW MADE. An invol-
untary deposit is made:

1. By the accidental leaving or placing of personal property
in the possession of any person, without negligence on the
part of its owner; or,

2. In cases of fire, shipwreck, inundation, insurrection, riot,
or like extraordinary emergencies, by the owner of personal
property committing it, out of necessity, to the care of any
person.

History: Enacted March 21, 1872.

58 C. 115, 122 (applied).

As to degree of care requisite, see post § 1846.

As to involuntary deposit being gratuitous, see post § 1845.

As to involuntary deposit must be accepted, see § 1816.

As to when duties of depositary cease, see post § 1847.

§1816. SAME. [DUTY OF INVOLUNTARY DEPOSIT-
ARY.] The person with whom a thing is deposited in the

987



§§1817,1818 CIVIL CODE. [Div.III.Pt.IV.

manner described in tlie last section is bound to take charge
of it, if able to do so.

History: Enacted March 21, 1872.

§ 1817. DEPOSIT FOR SAFE KEEPING, WHAT. A deposit
for keeping is one in which the depositary is bound to return
the i'^pritical thing deposited.

History: Enacted March 21, 1872.

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

As to deposit for keeping, see Kerr's Cyc. C. C. §§ 1833 et seq.
and notes.

§ 1818. DEPOSIT FOR EXCHANGE, WHAT. A deposit
for exchange is one in which the depositary is only bound to
return a thing corresponding in kind to that which is depos-
ited.

History: Enacted March 21, .1872.

As to deposit for exchange transferring title, see post § 1878.

As to loan for exchange, see Kerr's Cyc. C. C. §§ 1902 et seq.
and notes.

For Cominissioners' comment on tliis section, see Kerr's Cyc.
C. C. § 1818, note.



988



Tit.TIT,ch.I,art.II.] DELIVERY-DEMAND. §§ 1822. 1823

ARTICLE II.

OBLIGATIONS OF THE DEPOSITARY.

§ 1822. Depositary must deliver on demand.

§ 1823. No obligation to deliver without demand.

§ 1824. Place of delivery.

§ 1825. Notice to owner of adverse claim.

§ 1826. Notice to owner of thing wrongfully detained.

§ 1827. Delivery of thing owned jointly, etc.

8 1828. Joint deposit by two or more persons.

§ 1822. DEPOSITARY MUST DELIVER ON DEMAND. A

depositary must deliver the thing to the person for whose'
benefit it was deposited, on demand, whether the deposit was
made for a specified time or not, unless he has a lien upon
the thing deposited, or has been forbidden or prevented from
doing so by the real owner thereof, or by the act of the law,
and has given the notice required by section eighteen hun-
dred and twenty-five.

History: Enacted March 21, 1872.

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

93 C 283 287, 28 P. 1045, 1046 (applied); 113 C. 97, 102, 45 P.
177 (applied); 151 C. 479, 482, 91 P. 152 (applied— duty of bailee).

As to degree of care required of depositary for hiring, see
Kerr's Cyc. C. C. § 1852 and note.

As to lien of innkeepers, see Kerr's Cyc. C. C. §U861 et seq.
and notes.

§1823. NO OBLIGATION TO DELIVER ^VITHOUT DE-
MAND. A depositary is not bound to deliver a thing depos-
ited without demand, even where the deposit is made for a
specified time.

History: Enacted March 21, 1872.

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

113 C. 97, 102, 45 P. 177 (applied); 114 C. 612, 46 P. 599 (applied

without citation). t-^t-v-c

As to obligation to deliver on demand generally, see Kerr s

Cyc. C. C. § 1822 and note.

989



§§ 1824-1827 CIVIL CODE. [Div.III.Pt.IV.

§ 1824. PLACE OF DELIVERY. A depositary must deliver
the thing deposited at his residence or place of business, as
may be most convenient for him.

History: Enacted March 21, 1872.

58 C. 115, 122 (applied).

As to delivery in sales, see Kerr's Cyc. C. C. §§ 1753 et seq.
and notes.

As to lendei'c liability for defects of articles borrowed, see
Kerr's Cyc. C. C. § 1894 and note.

As to whether depositary would be considered to have lien,
reimbursements or indemnity under this section, compare
§§ 1839, 3051.

§1825. NOTICE TO OWNER OF ADVERSE CLAIM. A

depositary must give prompt notice to the person for whose
benefit the deposit was made, of any proceedings taken
adversely to his interest in the thing deposited, which may
tend to excuse the depositary from delivering the thing to
him.

History: Enacted March 21, 1872.

93 C. 283, 287, 28 P. 1045, 1046 (applied).

As to liability of one receiving property from one having no
title thereto, see Kerr's Cyc. C. C. § 1825, note par. 2.

§1826. NOTICE TO OWNER OF THING WRONGFULLY
DETAINED. A depositary, who believes that a thing depos-
ited with him is wrongfully detained from its true owner,
may give him notice of the deposit; and if within a reason-
able time afterwards he does not claim it, and sufficiently
establish his right thereto, and indemnify the depositary
against the claim of the depositor, the depositary is exoner-
ated from liability to the person to whom he gave the notice,
upon returning the thing to the depositor, or assuming, in
good faith, a new obligation changing his position in respect
to the thing, to his prejudice.

History: Enacted March 21, 1872.

§1827. DELIVERY OF THING OWNED JOINTLY, ETC.

If a thing deposited is owned jointly or in common by per-

990



I



Tit.III,ch.I,art.II.] JOINT deposits. §1828

sons who cannot agree upon the manner of its delivery, the
depositary may deliver to each his proper share thereof, if it
can be done without injury to the thing.

History: Enacted March 21, 1872.
See Kerr's Cyc. C. C. for 2 pars, annotation.

§ 1828. JOINT DEPOSITS BY TWO OR MORE PERSONS.

When a deposit is made in the name of two or more persons,
deliverable or payable to either or to their survivor or sur-
vivors, such deposit or any part thereof, or increase thereof,
may be delivered or paid to either of said persons or to the
survivor or survivors in due course of business.

History: Enacted March 4, 1907, Stats, and Amdts. 1907, p. 92,
Kerr's Stats, and Amdts. 1906-7, p. 426.



991



§1833



CIVIL, CODE. [Div.III.Pt.IV.

CHAPTER II.
DEPOSIT FOR KEEPING.



Article I. General Provisions, §§ 1833-1840.

II. Gratuitous Deposit, §§ 1844-1847.

111. Storage, §§ 1851-1857.

Ilia. Warehousemen, §§ 1858-1858f.

IV. Innkeepers, §§ 1859-1863.

V. Finding, §§ 1864-1872.



ARTICLE I.

GENERAL PROVISIONS.

§ 1833. Depositor must indemnify depositary.

§ 1834. Obligation of depositary of animals.

§ 1835. Obligations as to use of thing deposited.

§ 1836. Liability for damage arising from wrongful use.

§ 1837. Sale of thing in danger of perishing.

§ 1838. Injury to, or loss of thing deposited.

§ 1839. Service rendered by depositary.

§ 1840. Extent of his liability for negligence.

§1833. DEPOSITOR MUST INDEMNIFY DEPOSITARY.

A depositor must indemnify the depositary:

1. For all damage caused to him by the defects or vices of
the thing deposited; and,

2. For all expenses necessarily incurred by him about the
thing, other than such as are involved in the nature of the
undertaking.

History: Enacted March 21, 1872.

As to lender's liability for recalling loan, see Kerr's Cyc. C. C.
§ 1894 and note.

For Commissioners' comment on this sect-ion, see Kerr's Cyc.
C. C. § 1833, note.

992



Tit.III,ch.II,art.I.] USE, damage, injury. §§ 1834-1838

§ 1834. OBLIGATION OF DEPOSITARY OF ANIMALS. A

depositary of living animals must provide them with suitable
food and shelter, and treat them kindly.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 7 pars, annotation.

As to lien for keepers of live stock, see Kerr's Cyc. C. C.
§ 3051 and note.

As to lien for services at common law, see 37 A. D. 522.

§1835. OBLIGATIONS AS TO USE OF THING DEPOS-

ITED. A depositary may not use the thing deposited, or per-
mit it to be used, for any purpose, without the consent of
the depositor. He may not, if it is purposely fastened by the
depositor, open it without the consent of the latter, except
in case of necessity.

History: Enacted March 21, 1872.

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

94 C. 347, 350, 29 P. 869 (applied); 112 C. 598, 601, 53 A. S. 228,
44 P. 1063, 32 L. 479 (applied).

As to hiring-, see Kerr's Cyc. C. C. §§ 1925 et seq. and notes.

§1836. LIABILITY FOR DAMAGE ARISING FROM
WRONGFUL USE. A depositary is liable for any damage
happening to the thing deposited, during his wrongful use
thereof, unless such damage must inevitably have happened
though the property had not been thus used.

History: Enacted March 21, 1872.

§1837. SALE OF THING IN DANGER OF PERISHING.

If a thing deposited is in actual danger of perishing before
instructions can be obtained from the depositor, the depositary
may sell it for the best price obtainable, and retain the pro-
ceeds as a deposit, giving immediate notice of his proceedings
to the depositor.

History: Enacted March 21, 1872.

§ 1838. INJURY TO, OR LOSS OF THING DEPOSITED. If

a thing is lost or injured during its deposit, and the depos-
Kerr's C. C— 32 993



§§ 1839, 1840 CIVIL CODE. [Div.III,Pt.IV.

itary refuses to inform the depositor of the circumstances
under which the loss or injury occurred, so far as he has
information concerning them, or wilfully misrepresents the
circumstances to him, the depositary is presumed to have
wilfully, or by gross negligence, permitted the loss or injury
to occur.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.
53 C. 735, 736 (construed).

§ 1839. SEEVICE EENDERED BY DEPOSITARY. So far

as any service is rendered by a depositary, or required from
him, his duties and liabilities are prescribed by the title on
employment and service.

History: Enacted March 21, 1872.

As to employment, etc., see Kerr's Cyc. C. C. §§ 1965 et seq.
and notes.

As to service, see Kerr's Cyc. C. C. §§ 1965 et seq. and notes.

§ 1840. EXTEIVT OF HIS LIABILITY FOR NEGLIGENCE.

The liability of a depositary for negligence cannot exceed the
amount which he is informed by the depositor, or has reason
to suppose, the thing deposited to be worth.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 244.

133 C. 534, 538, 85 A. S. 221, 65 P. 1099 (construed).
For construction of above section, see Kerr's Cyc. C. C. § 1840,
note par. 2.



994



Tit.III,ch.II,art.II.] GRATUITOUS DEPOSITS. §§1844-1847



ARTICLE II.

GRATUITOUS DEPOSIT.

§ 1844. Gratuitous deposit, what.

8 1845 Nature of involuntary deposit.

§ 1846. Degree of care required of gratuitous depositary.

§ 1847. His duties cease, when.

§18M. GRATUITOUS DEPOSIT, >YHAT. Gratuitous
deposit is a deposit for which the depositary receives no con-
sideration beyond the mere possession of the thing deposited.
History: Enacted March 21, 1872.

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

103 C. 377, 379, 37 P. 179 (cited). -jq \ S

As to liability of gratuitous bailees, see 23 A. D. 3-, S>> a. ».

779.

§ 1845. > ATUEE OF INVOLUNTARY DEPOSIT. An invol-
untary deposit is gratuitous, the depositary being entitled to

no reward.

History: Enacted March 21, 1872.

As to definition of involuntary deposit, see ante §1815; 4 W.
& P. 3762.

§ 1846. DEGREE OF CARE REQUIRED OF GRATUITOUS
DEPOSITARY. A gratuitous depositary must use, at least,
slight care for the preservation of the thing deposited.
History: Enacted March 21, 1872.

§ 1847. HIS DUTIES CEASE, WHEN. The duties of a gra-
tuitous depositary cease:

1 Upon his restoring the thing deposited to its owner; or,

2 Upon his giring reasonable notice to the owner to reniOTC

it, and the owner failing to do so within a reasonable time.
But an involuntary depositary, under subdivision two of sec-
tion eighteen hundred and fifteen, cannot give such notice
until the emergency which gave rise to the deposit is past.

History: Enacted March 21, 1872.
995



§§ 1851, 1852 CIVIL CODE. [Div.III.Pt.IV.



ARTICLE III.

STORAGE.

§ 1851. Deposit for hire.

§ 1852. Degree of care required of depositary for hire.

§ 1853. Rate of compensation for fraction of a week, etc.

§ 1854. Termination of deposit.

§ 1855. Same. [On payment of charges to become due.]

§ 1856. Lien for storage charges [and money advanced].

§ 1857. Storage property to be sold.

§ 1851. DEPOSIT FOR HIRE. A deposit not gratuitous is
called storage. The depositary in such case is called a depos-
itary for hire.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.
120 C. 596, 598, 52 P. 847 (cited).

As to liiring in genera), see 'Kerr's Cyc. C. C. § 1925 and note;
also note § 1925, post.

§ 1852. DEGREE OF CARE REQUIRED OF DEPOSITARY
FOR HIRE. A depositary for hire must use at least ordinary
care for the preservation of the thing deposited.

History: Enacted March 21, 1872.

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

56 C. 484, 486 (applied); 113 C. 97, 104, 45 P. 177 (applied);
120 C. 596, 598, 52 P. 847 (cited).

As to care required of bankers acting as bailees, see 38 A. S.
773, 778.

As to duties and liability of warehouseman for cold storage,
see 90 A. S. 295.

As to legislative control over business of warehouseman;
receipts; obligation to return the thing bailed; assignment and
sale of property; liability for negligence, see 7 L. 529.

As to liability of common carriers, see Kerr's Cyc. C. C.
§§ 2100, 2114, 2194 and notes.

As to liability of common carriers for ^oods left with them
or stored with them, see Kerr's Cyc. C. C. §§ 2085 et seq.

As to liability of common carriers as warehousemen, see
Kerr's Cyc. C. C. §§ 2120, 2121.

996



Tit.III,ch.II,art.III.] COMPENSATION. §§ 1853. 1856

AS to liability of innkeepers, see Kerr's Cyc. C a §1859^
As to liability of safe deposit companies, see 72 A. b. zub.
As to liability of warehouseman, see 24 A. D. 145.

8 1853 RATE OF COMPENSATION FOR FRACTION OF A
WEEK ETC. In the absence of a different agreement or
usage, 'a depositary for hire is entitled to one week's hire
for the sustenance and shelter of living animals during any
fraction of a week, and to half a month's hire for the storage
of any other property during any fraction of a half month.
Hi!st«»ry: Enacted March 21, 1872.

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

§ 1854 TERMINATION OF DEPOSIT. In the absence of
an agreement as to the length of time during which a deposit
is to continue, it may be terminated by the depositor at any
time, and by the depositary upon reasonable notice.

History: Enacted March 21, 1872.
See Kerr's Cyc. C. C. for 2 pars, annotation.

§1855. SAME. [ON PAYMENT OF CHARGES TO BE-
COME DUE.] Notwithstanding an agreement respecting the
length of time during which a deposit is to continue, it may
be terminated by the depositor on paying all that would
become due to the depositary in case of the deposit so con-
tinuing.

History: Enacted March 21, 1S(^.

§1856. LIEN FOR STORAGE CHARGES [AND MONEY
ADVANCED]. A depositary for hire has a lien for storage
charges and for advances and insurance incurred at the
request of the bailor, and for money necessarily expended m
and about the care, preservation and keeping of the property
stored and he also has a lien for money advanced at the
request of the bailor, to discharge a prior lien, and for the
expenses of a sale where default has been made in satisfying
a valid lien. The rights of the depositary for hire to such
lien are regulated by the title on liens.

997



§ 1857 CIVIL CODE. [Div.III.Pt.IV.

History: Enacted March 31, 1891, Stats, and Amdts. 1891, p.
470; amended April 19, 1909, Stats, and Amdts. 1909, p. 1001.

125 C. 593, 595, 58 P. 175 (applied); 125 C. 596, 599, 58 P. 186
(applied — goods stored in warehouse).

As to factors and factors' liens, see Kerr's Cyc. C. C. §§ 2367
et seq., § 3053 and notes.

As to lien for storage, pasturage, living, service, etc., see
Kerr's Cyc. C. C. § 3051 and note.

§ 1857. STORAGE PEOPERTY TO BE SOLD. If from any
cause other than want of ordinary care and diligence on his
part, a depositary for hire is unable to deliver perishable
property, baggage, or luggage received by him for storage,
or to collect his charges for storage due thereon, he may
cause such property to be sold, in open market, to satisfy



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 83 of 156)