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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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authority, see Kerr's Cyc. C. C. S 488 and note.

As to lost tickets, see 5 L. 819.

1146



Tit.VII,ch.V,art.II.] EJECTION. §§ 2188, 2189

As to many miscellaneous matters as to carriers of passengers,
see note § 2100, ante.

As to offense of stealing- passenger ticket, etc., see Kerr's
Cyc. Pen. C. §§ 493, 494 and notes.

As to penalty ^r ov-ercharging, see Kerr's* Pocket Pen. C.
§525.



§2188. EJECTION OF PASSENGERS. A passenger who
refuses to pay his fare or to conform to an}^ lawful regulation
of the carrier, may be ejected from the vehicle by the carrier.
But this must be done with as little violence as possible, and
at any usual stopping place or near some dwelling-house.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 43 pars, annotation.

81 C. 296, 298, 299, 15 A. S. 61, 22 P. 859, 860, 6 L. 336 (con-
strued and applied); 97 C. 461, 463, 32 P. 530 (construed and
applied); 141 C. 728, 732, 99 A. S. 98, 75 P. 310 (construed and
applied); 145 C. 441, 452, 79 P. 420 (construed and applied).

As to duties and liability of carriers for wrongful expulsion,
see Kerr's Cyc. C. C. § 2100 and note.

As to ejection of custodian for non-payment of children's
fare, see 38 L. 140, 141.

As to expulsion for refusal to pay fare, see 5 L. 820.

As to many miscellaneous matters as to carriers of passengers,
see note § 2100, ante.

As to regulations of street railroads, see Kerr's Cyc. C. C.
§ 503 and note.

As to right of carrier to eject passenger and his baggage
where fare is refused, or ticket is not exhibited or surrendered,
see Kerr's Cyc. C. C. § 487 and note.

§ 2189. PASSENGER ^VHO HAS NOT PAID FARE. A pas-
senger upon a railroad train who has not paid his fare before
entering the train, if he has been afforded an opportunity to
do so, must, upon demand, pay ten per cent in addition to the
regular rate.

History: Enacted March 21, 1872.

As to ejecting passenger for non-payment of fare, etc., see
Kerr's Cyc. C. C. §481 note pars. 11-16, 25-28; §488 note pars.
3-16.

As to many miscellaneous matters as to carriers of passengers,
see note § 2100, ante.

1147



§§2190,2191 CIVIL CODE. [Div.III.Pt.IV.

§2190. FARE NOT PAYABLE AFTER EJECTION. After
having ejected a passenger, a carrier has no right to require
the payment of any part of his fare.

History: Enacted March 21, 1872.

As to ejecting passenger in general for nonpayment of fare,
and the like, see Kerr's Cyc. C. C. § 2188.

As tv> many miscellaneous matters as to carriers of passengers,
see note § 2100, ante.

As to passenger's right to re-enter train after ejectment, see
Kerr's Cyc. C. C. § 487 note par. 18.

As to passenger's right to retain ticket after being ejected
from train, see Kerr's Cyc. C. C. § 487 note par. 25.

§2191. CARRIER'S LIEN. A common carrier has a lien
upon the luggage of a passenger for the payment of such
fare as he is entitled to from him. This lien is regulated by
the title on liens.

History: Enacted March 21, 1872.

As to liens in general on luggage of passenger carried with
or for him, see Kerr's Cyc. C. C. §§ 2872-2913 and notes.

As to lien on merchandise, etc., for freight, see Kerr's Cyc.
C. C. § 2144 and note.

As to many miscellaneous matters as to carriers of passengers,
see note § 2100, ante.

As to special lien on articles of personal property for car-
riage, etc., see Kerr's Cyc. C. C. § 3051 and note.



i



1148



Tit.VII,ch.V,art.III.] INLAND CARRIERS. § 2194

ARTICLE III.

COMMON CARRIERS OF PROPERTY.

§ 2194. Liability of inland carriei-s for loss.

§ 2195. "When exemptions do not apply.

§ 2196. Liability for delay.

§ 2197. Liability of marine carriers.

§ 2198. Same. [Acts of Congress.]

§ 2199. Perils of sea, what.

§ 2200. Consignor of valuables to declare their nature.

§ 2201. Delivery of freight beyond usual route.

§ 2202. Proof to be given in case of loss.

§ 2203. Carrier's services, other than carriage and delivery.

§ 2204. Non-delivery— Sale, when.

§2194. LIABILITY OF INLAND CARRIERS FOR LOSS.
Unless the consignor accompanies the freight and retains
exclusive control thereof, an inland common carrier of prop-
erty is liable, from the time that he accepts until he relieves
himself from liability pursuant to sections twenty-one hundred
and eighteen to twenty-one hundred and twenty-two, for the
loss or injury thereof from any cause whatever, except:

1. An inherent defect, vice, or weakness, or a spontaneous
action, of the property itself:

2. The act of a public enemy of the United States, or of this
state ;

3. The act of the law; or,

4. Any irresistible superhuman cause.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 25 pars, annotation.

101 C. 187, 194 (construed and applied), 35 P. 630.

As to "act of God," what constitutes, see Kerr's Cyc. C. C.
§ 1511 note pars. 2-15; also note 11 L. 615.

As to act of God as excuse for delay, see Kerr's Cyc. C. C.
§ 1511 note pars. 2-15; 11 A. S. 362, 364.

As to burden of proof that loss is within exemption, see 88
A. S. 121, 125.

As to carriage of live stock, and contracts limiting liability
for loss or injury, see Kerr's Cyc. C. C. §§ 2170, 2174 and notes.

As to defenses in actions for loss by carrier, see 11 L. 615, 616.

As to inevitable accident, see 11 L. 616.

1149



§ 2195 CIVIL CODE. [Div.III,Pt.IV.

As to liability for acts resulting from negligence, acts of
God, etc., see 36 A. S. 838, 840.

As to liability for every loss not occasioned by act of God, or
public enemies, see 27 A. D. 517.

As to liability for loss caused by acts of God, see Kerr's Cyc.
C. C. §1511 note pars. 2-15; 11 A. S. 362, 364.

As to liability for loss or deterioration caused by delay, see
Kerr's Cyc. C. C. § 2196 and note; also 11 A. S. 360, 361; 88 A. S.
104.

As to liability of carrier at common law, see 7 Am. R. & Corp.
Rep. 281, 282.

As to liability of common carriers for losses not within
exceptions to contract or arising from acts of God, public
enemies, inherent defects, etc., in general, see 42 A. D. 497; 75
A. D. 497, 498; 57 A. D. 701.

As to liabilitj'^ of express companies as carriers, see 61 A. S.
379, 382-385.

As to limitation of carrier's liability by special contract, see
Kerr's Cyc. C. C. § 2174 and note.

As to limitation of liability by notice, see Kerr's Cyc. C. C.
§ 2174 and note.

As to loss of consignment, liability for, see 61 A. S. 380.

As to many miscellaneous matters as to carriers of property,
see note § 2114, ante.

As to regulations and rules governing railroads as common
carriers, see Kerr's Cyc. C. C. § 461 subd. 11, § 484 and notes.

As to right of common carrier to limit liability, as insurer of
property intrusted to him, see 32 A. D. 497-500.

As to riots, mobs, etc., as excuse for loss, or delay in deliver5\
see 11 A. S. 365.

As to stoppage of freight in transitu, see Kerr's Cyc. C. C.
§§ 2118, 3076-3080 and notes.

As to strikes as excuse for delay, see Kerr's Cyc. C. C. § 2196
and note.

As to when injury is result of negligence and not of inevitable
accident, see Kerr's Cyc. C. C. § 2100 and note.

Irresistible superhuman cause, loss due to, see Kerr's Cyc.
C. C. § 2194 note par. 2; 86 A. D. 297; 97 A. D. 409.



§ 2195. WHEN EXEMPTIOIVS DO NOT APPLY. A common
carrier is liable, even in the cases excepted by the last sec-
tion, if his want of ordinary care exposes the property to the
cause of the loss.

History: Enacted March 21, 1872; amended by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 414,
held unconstitutional, see history, § 4 ante; amendment re-
enacted March 21, 1905, Stats, and Amdts. 1905, p. 615.

1150



!



Tit.VII,ch.V,ai-t.III.] MARINE CARRIER. §§ 2196-2198

§2196. LIABILITY FOR DELAY. A common carrier is
liable for delay only when it is caused by his want of ordinary
care and diligence.

• History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 251.

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

101 C. 187, 193, 35 P. 630 (applied).

As to delays caused by strikes, see Kerr's Cyc. C. C. § 2194
and note.

As to delivery of goods to connecting carrier, or shipment
beyond usual route, see Kerr's Cyc. C. C. § 2201 and note.

As to duty of carrier in choice of routes, see Kerr's Cyc. C.
C. § 2100 and note.

As to liability for delay caused by strikes, riots, etc., see
Kerr's Cyc. C. C. § 2194 and note.

As to liability of common carriers for delay, see 88 A. S. 104.

As to many miscellaneous matters as to carriers of property,
see note § 2114, ante.

§ 2197. LIABILITY OF MARIAE CARRIER. A marine car-
rier is liable in like manner as an inland carrier, except for
loss or injury caused by the perils of the sea or fire.

History: Enacted March 21, 1872.

As to cliarter party, see Kerr's Cyc. C. C. § 1959 and note.

As to implied liability of marine carrier, see Kerr's Cyc. C. C.
§ 2197, note.

As to liability of inland carriers in general, see Kerr's Cyc.
C. C. §§2096, 2100, 2168, 2194 and notes.

As to many miscellaneous matters as to carriers of property,
see note § 2114, ante.

As to perils of the sea, see Kerr's Cyc. C. C. §§ 2194, 2199 and
notes.

§ 219S. SAME. [ACTS OF CONGRESS.] The liability of a
common carrier by sea is further regulated by acts of Con-
gress.

lli.slory: Enacted March 21, 1872.

As to acts of Cunsress regulating liability of marine I'urriiM-s,
see Kerr's Cyc. C. C. §§ 1511, 2088 and notes.

As to many miscellaneous matters as to carriers of property,
see note § 2114, ante.

As to "The Harter Act," providing for exemptions for liability

1151



§§ 2199, 2200 CIVIL CODE. [Div.III,Pt.IV.

for damages on account of marine loss, dangers of sea, acts of
God, etc., see act of February 13, 1893, § 3, 27 Stats, at L. 445.
See 4 F. S. A. 857 and note.

As to the restriction of liability by a statute under act of Con-
gress relating to the limitation of liability of marine carriers,
see 10 L. 420.

§2199. PERILS OF SEA, WHAT. Perils of the sea are

from:

1. Storms and waves;

2. Rocks, shoals, and rapids;

3. Other obstacles, though of human origin;

4. Changes of climate;

5. The confinement necessary at sea;

6. Animals peculiar to the sea; and,

7. All other dangers peculiar to the sea.

History: Enacted March 21, 1872.

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

76 C. 145, 147, 148, 9 A. S. 184, 18 P. 155, 156 (construed).

As to acts of God, see Kerr's Cyc. C. C. § 1511 note pars.
2-15 and § 2194 and note.

As to effect of particular stipulations in bills of lading quali-
fying liability for injuries caused by "dangers of the sea," see
38 A. D. 424, 425.

As to loss resulting from deviation from route, see Kerr's
Cyc. C. C. § 2104 and note.

As to many miscellaneous matters as to carriers of property,
see note § 2114, ante.

As to "perils of sea," see Kerr's Cyc. C. C. § 2199, note par. 4;
also notes 41 A. D. 281; 9 A. S. 187; 30 A. S. 539.

§2200. CONSIGNOR OF VALUABLES TO DECLARE
THEIR NATURE. A common carrier of gold, silver, platina,
or precious stones, or of imitations thereof, in a manufactured
or unmanufactured state; of timepieces of any description; of
negotiable paper of other valuable writings; of pictures, glass,
or chinaware; of statuary, silk, or laces; or of plated ware
of any kind, is not liable for more than fifty dollars upon
the loss or injury of any one package of such articles, unless
he has notice, upon his receipt thereof, by mark upon the
package or otherwise, of the nature of the freight; nor is

1152



II



Tit.VII,ch.V,art.III.] DELIVERY, ROUTE. §§2201,2202

such carrier liable upon any package carried for more than
the value of the articles named in the receipt or the bill of
lading.

Hi-story: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4. p. 251.

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

84 C. 311, 313, 24 P. 284, 285 (construed and applied); 118 C.
683, 689, 50 P. 847 (referred to in construction of § 2176.

As to liability for loss of letters, etc., see Kerr's Cyc. C. C.
§ 2177 and note.

As to many miscellaneous matters as to carriers of property,
see note § 2114, ante.

As to stipulations of value as limiting liability, see Kerr's
Cyc. C. C. § 2176 and note pars. 12-19.

§2201. DELIVERY OF FREIGHT BEYOXD USUAL
ROUTE. If a common carrier accepts freight for a place
beyond his usual route, he must, unless he stipulates other-
wise, deliver it at the end of his route in that direction to
some other competent carrier carrying to the place of address,
or connected with those who thus carry, and his liability
ceases upon making such delivery.

History: Enacted March 21, 1872.

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

57 C. 462, 463 (construed and applied); 46 P. 668, 669 (con-
strued and applied), but see decision reversing department
decision, 101 C. 187, 195 (construed and applied), 35 P. 630; 118
C. 648, 651, 653, cited on page 653 erroneously as § 2101 (con-
strued and applied), correctly cited in 50 P. 775, 40 L. 78; 3 C. A.
106, 108, 84 P. 438 (applied — delivery to connecting carrier).

As to limitation of initial carrier's liability to its own lines,
see 7*Am. R. & Corp. Rep. 320-323.

As to many miscellaneous matters as to carriers of property,
see note § 2114, ante.

As to negligence of common carriers in general, see Kerr's
Cyc. C. C. § 2114 and note.

§2202. PR(M)F TO BE GIVEX IN CASE OF LOSS. If

freight addressed to a place beyond the usual route of the com-
mon carrier who first received it is lost or injured, he must
within a reasonable time after demand, give satisfactory proof
Kerr's C. C— 37 1153



§§ 2203, 2204 CIVIL CODE. [Div.III.Pt.IV.

to the consignor that the loss or injury did not occur while
it was in his charge, or he will be himself liable therefor.

History: Enacted March 21, 1872.

As to connecting carriers, see Kerr's Cyc. C. C. § 2201 and
note.

As to liability of carriers for loss of freight, see Kerr's Cyc,
C. C. §?-2114, 2194 and notes.

As to many miscellaneous matters as to carriers of property,
see note § 2114, ante.

§ 2203. CARRIER'S SERVICES, OTHER THAN CARRIAGE
AND DELIVERY. In respect to any service rendered by a
common carrier about freight, other than its carriage and
delivery, his rights and obligations are defined by the titles on
deposit and service.

History: Enacted March 21, 1872.

As to liability as warehousemen, see Kerr's Cyc. C. C. §§ 2120,
2121 and notes.

As to nature and creation of deposit, see Kerr's Cyc. C. C.
§ 1813 et seq. and notes.

As to many iniscellaneous matters as to carriers of property,
see note § 2114, ante.

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

As to servants, see Kerr's Cyc. C. C. §§ 1965, 1969 et seq.,
§§ 1975 et seq. and notes.

§2204. NON-DELIVERY— SALE, WHEN. If, from any
cause other than want of ordinary care and diligence on his
part, a common carrier is unable to deliver perishable prop-
erty transported by him, and collect his charges thereon, he
may cause the property to be sold in open market to satisfy
his lien for freightage.

History: Enacted March 30, 1874, Code Amdts. 1873-4, p. 251.

As to carrier's lien for freightage, see Kerr's Cyc. C. C.
§ 2144 and note.

As to penalty for making overcharges, see Kerr's Cyc. Pen.
C. § 525 and note.

As to many miscellaneous matters as to carriers of property,
see note § 2114, ante.

As to sale of freight to satisfy lien for freightage in general,
see 83 A. D. 632.

1154



Tit.VII.ch.V.art.IV.] telegrams. §§ 2207, 2208

ARTICLE IV.

COMMON CARRIERS OF MESSAGES.

§ 2207. Order of transmission of telegraphic messages.

§ 2208. Order in other cases.

§ 2209. Damages when message is refused or postponed.

§2207. ORDER OF TRANSMISSION OF TELEGRAPHIC
MESSAGES. A carrier of messages by telegraph must, if it is
practicable, transmit every such message immediately upon
its receipt. But if this is not practicable, and several mes-
sages accumulate upon his hands, he must transmit them in
the following order:

1. Messages from public agents of the United States or of
this state, on public business;

2. Messages intended in good faith for immediate publica-
tion in newspapers, and not for any secret use;

3. Messages giving information relating to the sickness or
death of any person;

4. Other messages in the order in which they were received.

History: Enacted March 21, 1872: amended by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 414,
held unconstitutional, see history, § 4 ante.

As to penalty for neglect or refusal to send messages or
unlawful postponement thereof, see Kerr's Cyc. Pen. C. § 638
and note.

As to various offenses for refusing or neglecting to send
telegraphic messages, postponement, etc., see Kerr's Cyc. Pen. C.
§§ 638, 639, 640, 641 and notes.

§2208. ORDER IN OTHER CASES. A common carrier of
messages, otherwise than by telegraph, must transmit mes-
sages in the order in which he receives them, except mes-
sages from agents of the United States or of this state, on
public business, to which he must always give priority. But
he may fix upon certain times for the simultaneous transmis-
sion of messages previously received.

1155



§ 2209 CIVIL CODE. [Div.III.Pt.IV.

History: Enacted March 21, 1872; amended by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 414,
held unconstitutional, see history, § 4 ante.

As to liability of carrier of messages, see Kerr's Cyc. Pen. C.
§§ 2161, 2162 and notes.

§ 220ft. DAMAGES WHEN aiESSAOE IS REFUSED OR
POSTPONED. Every person whose message is refused or
postponed, contrary to the provisions of this chapter, is enti-
tled to recover from the carrier his actual damages, and fifty
dollars in addition thereto.

History: Enacted March 21, 1872.

73 F. 273, 275 (plaintiff is entitled to nominal damages when,
and to penalty — -"this new provision," said the code commis-
sioners, "is needed to protect the rights of parties who are
seriously annoyed by delays which, nevertheless, cannot be
shown to have caused them pecuniary damage").

As to liability of carriers of messages, damages for delay,
refusal or failure to deliver, etc., see Kerr's Cyc. C. C. §§ 2161,
2162 and notes.



IIDG



Tit.VIII,ch.I,art.I.] TRUSTS, CLASSES. § 2215

TITLE VIII.
TRUSTS.

[For Commissioners' comment on this title, see Kerr's Cyc.
C. C. uote to title, also to § 2220.]

Chapter I. Trusts in General, §§ 221.5-2244.

II. Trusts for the Benefit of Third Persons, §§ 2250-

2289.

CHAPTER I.

TRUSTS IN GENERAL.

Article I. Nature and Creation of a Trust, §§ 2215-2224.
II. Obligations of Trustees, §§2228-2239.

III. Obligations of Third Persons, §§ 2243, 2244.

ARTICLE I.

NATURE AND CREATION OP A TRUST.

§ 2215. Tiusts classified.

§ 2216. Voluntary trust, what.

§ 2217. Involuntary trust, what.

§ 221S. Parties to the contract.

§ 2219. What constitutes one a trustee.

§ 2220. For what purpose a trust may be created.

§ 2221. Voluntary trust, how created as to truster.

§ 2222. How created as to trustee.

§ 2223. Involuntary trustee, who is.

§ 2224. Involuntary trust resulting from negligence, etc.

§2215. TRUSTS CLASSIFIED. A trust is either:

1. Voluntary; or,

2. Involuntary.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 25 pars, annotation.

58 C. 437, 483 (construed and applied with oHht s.ctions);

1157



§ 2215 CIVIL CODE. [Div.III,Pt.IV.

132 C. 21 26, 63 P. 1071 (construed and applied with other
sections); 138 C. 606, 609, 72 P. 46 (instance of express trust or
confidence).

TRUSTS AND TRUSTEES.

As to consideration in express trust, see Kerr's Cyc. C.
C. § 852 and note pars. 22-28.

As to creation of precatory trusts, see Kerr's Cyc. C. C. § 852
and note pars. 170-244.

As to creation of trusts in mining operations under govern-
ment grants, see Kerr's Cyc. C. C. § 852 and note pars. 366-386.

As to essential elements to create express trusts, see Kerr's
Cyc. C. C. §852 and note pars. 14-99; 31 A. S. 637; 15 L. 470;
8 W. & P. 7121.

As to evidence to prove express or voluntary trust, see
Kerr's Cyc. C. C. § 852 and note pars. 137-169.

As to evidence to prove trusts by operation of law, or
involuntary trusts, see Kerr's Cyc. C. C. § 852 and note pars.
387-411.

As to trusts by operation of law, see Kerr's Cyc. C. C. § 852
and note pars. 264-365; also § 1816 and note.

Accounting of trustees. — See 8 A. C. 176.

Admissions and waivers by fiduciaries in actions, as to, see
32 L. 671, 690.

Agents, trustees, when may act by. — See 93 A. S. 615.

Appointment of trustee. — See "Trustee — Appointment of,"
this note.

Beneficiaries, when bound by acts of trustees in contraven-
tion of their trusts. — See 63 A. S. 467.

Beneficiary's knowledge of trust necessary. — See 10 L. N. S.
616.

Burial, trusts for and for keeping burial lots, whether valid.
—See 58 A. R. 596.

Cestui que trusts — As to. — See 7 A. C. 178; 7 A. C;. 551; 8 A.
C. 917.

Same — Rights of as to trust property mingled with that of
insolvent trustee. — See 7 A. C. 553.

Charge distinguished. — See 8 W. & P. 7123.

Charitable trusts. — See note § 847, ante.

Classification of. — See 100 A. D. 586; 8 L. 647; 8 W. & P. 7121.

Compensation of trustees. — See 17 A. D. 266.

Constructive trust — As to generally, see 2 A. C. 554; 2 A.
C. 774; 7 A. C. 287.

Same — Arises when. — See 5 L. 189.

Same — Arising from oral agreement to hold in trust or
reconvey lands conveyed under influence of confidental relations.
—See 2 A. C. 777.

Same — Arising from renewal of lease. — See 7 A. C. 295.

1158



Tit.VIII.ch.I.art.L] TRUSTS, TRUSTEES. § 2215

Same— Definition of.— See 7 A. S. 189; 33 A. S. 209; 54 A. S.
31; 21 L. 33; 28 L. 707; 2 W. & P. 1476.

Same — Direct and express trusts distinguished. — See 2 W. &
P. 1477.

Same — Intention to create trusts. — See 43 L. 622; 2 W. & P.
1478; see "Intention," tliis note.

Same — Liability of heir or distributee as trustee ex maleficio
for failure to perform oral promise which prevented making-
of will. — See 2 A. C. 556.

Same — Wrongful acquisition of property. — See 48 A. S. 826;
2 W. & P. 1478.

Constructive or resu"lting trust — As to, generally, see 1 L. N.
S. 312; 4 L. N. S. 435; 5 L. N. S. 395; 5 D. N. S. 1172, 1179, 1193;
6 L. N. S. 381; 7 L. N. S. 1094; 8 L. N. S. 628; 12 L. N. S. 493.

Conveyance by trustee and its effect. — See 64 A. D. 199.

Corporation — Duty of as to transfer of stock held in trust.
—See 15 L. 643.

Same — Power to act as trustee. — See 11 L. 715.

Same — Same — Foreign corporation. — See 24 L. 291.

Same — Same — Of charitable trust. — See 8 A. C. 1151.

Cotrustees, liability of one for the acts and defaults of
another.— See 42 A. D. 288.

Court — Power of to increase or diminisli number of trustees
appointed by creator of trust. — See 6 A. C. 598.

Same — Power to dissolve trust. — See 18 L. 745.

Creation of trusts — As to generally, see 6 A. C. 188; 1 L. 327;
11 L. 456; 12 L. 667.

Same — By writings payable to or in favor of "trustee.'" — See
82 A. S. 513.

Same — Effect upon trust of death of donor without exercis-
ing power of revocation. — See 6 A. C. 189.

Same — Necessity of consideration for. — See 11 L. 457.

Same — Parol trusts, as to generally, see 7 A. C. 1078.

Same — Powers of revocation. — See 6 A. C. 188.

Same — The trust estate. — See 10 A. C. 511.

Same — Same — Whether life tenant or remainderman must
bear loss due to depreciation of security caused by wearing
away of purchase premium. — See 10 A. C. 515.

Death of trustee, to whom property passes on. — See 1 L. 334.

Debt distinguished. — See 2 W. & P. 1885.

Declaration of trust — As to, generally, see 6 A. C. 188; 1 L.
327; 11 L. 456: 12 I.. 667.

Deposit — As a direct trust. — See 8 L. 648.

Same — In insolvent bank, trust arising from. — See 34 L. 532.

Same — Of money for third person. — 'See 32 L. 373.

Same — Priority in assets of insolvent national bank by reason
of trust character of deposit. — See 25 L.. 546.

Deposits in savings banks, when create trusts. — See 31 A. R.
453.

1159



§ 2215 CIVIL CODE. [Div.III,Pt.IV.

Direct or active trust — Wliat constitutes. — See 11 L. N. S.
331.

Direct trust, deposit as a. — See 8 L. 648.



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 96 of 156)