Revised Laws of the State of California: In Four Codes : Political, Civil, Civil Procedure, and Penal, Volume 2 (Google eBook)

Front Cover
D.W. Gelwicks, state printer, 1871 - California
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Contents

Minors who are
7
PART III
15
CONSENT
16
CHAPTER II
22
Divorce what
24
Causes for divoroe
25
Desertion how manifested
26
Separation and intent to desert not always coincident
27
Habitual intemperance what 28
28
Conuivance what
29
Evidence of condonation
30
Recrimination what
31
Lapse of time establishes certain presumptions
32
Proof of actual residence required Presumptions do not apply
33
Belief may be adjudged in some cases where separation is denied
34
Court shall resort to what in executing certain sections
35
When wife shall support husband out of her separate property
36
How disposed of when divorce rendered on adultery as a oause
37
mon property
39
Earnings of wife not liable for debts of husband
40
Courtesy and dower not allowed
41
Minors may make marriage settlements
42
Allowance to parent
44
Reciprocal duties of parents and children iu maintaining each other
45
Wages of minors
46
Child may be adopted
47
Consent of childs parents 1
48
TITLE III
49
Guardian what
50
Same
51
Duties of guardian of estate
52
Guardian appointed by Court how superseded
53
TITLE IV
54
26S Supervisors may bind out
55
Same
56
Proceedings to annul indentures
57
General Provisions Applicable to all Corporations
59
Mast commf noe to perpetuate when
64
Certificates how and whon issued
73
Nonresident stockholders Bonds
75
Debts not to exceed capital stock
76
Extension of time of delinquent sale
80
34G Assessments shall not be invalidated
81
CHAPTER III
82
Misnomer docs not invalidate instrument
83
Corporation tu organize within one year
84
Corporations may acquire real estate and how much
85
CHAPTER I
94
OFFICERS AND CORPORATE STOCK II ENUMERATION OF POWERS III BUSINESS HOW CONDUCTED CHAPTER I
104
Corporations may borrow money and issue bonds Limitation of amount
105
CHAPTER II
106
May accept real estate
107
May purchase land timber stono gravel etc lllfi 8 Carry persons and freight
108
Map and profile to bo filed
109
Not to use streets alleys or water in cities or towns except by a two third vote of the city or town authorities
110
CHAPTER
111
cover damages when
114
Conductor may eject passengers when
115
Passenger tickets how issued and to be good for six months
116
TITLE IV
117
What provisions of TiU III are applicable to street railroads
120
TITLE V
121
Tolls etc to be collected Penalty for taking unlawful tolls
122
Persons avoiding tolls to pay five dollars
123
TITLE VII
125
Additional rules of practice in divorco cases
130
POWERS
131
May loan moneyon what terms how and to whom and how long
132
TITLE XII
138
May hold personal property to what amount How disposed of
142
PART I
153
Owner
157
Aliens inheriting must claim within five years
158
When qualified 1
159
Partnership interest what
160
Perpetual interest what
161
Interests iu real property
162
TERMINATION OF OWNERSHIP
165
Estates in Real Property
169
Tenancy at will may be terminated by notice
174
Rights of lessees and thoir assignees etc
178
Rights of owner ISO 830 Boundaries by water
180
Lateral and subjacent support
181
TITLE IV
182
Rights of orcditors
183
Sec 853 qualified
184
8C6 Interests romaining in grantor of express trust
186
Division of powers I88 882 Definition of general powers I88 883 Definition of special powers I88 8S4 Beneficial powers
187
General powers when in trust
189
Reservation of powers in conveyances
190
Who to execute powers 19
191
Nominal conditions
192
Certain dispositions not void
193
Certain powers create a fee
194
II
199
ARTICLE I
200
How far the subject of ownership
208
Modes in which Property may be Acquired
211
TITLE IV
216
When oral
217
CHAPTER II
223
Grunt by married woman how acknowledged
224
Attorney in fact how muBt execute for principal
225
ARTICLE II
226
what
229
Covenant against encumbranoes what
230
Code Covenants personal covenants
231
Grant how far conclusive on purchasers
232
Attornment to a stranger
233
AViiat Operates as a Transfer III Gifts
234
By whom taken without tho Stato
238
Interpreter may bo employed
242
Certificate of officer shall be indorsed thereon setting forth what
243
Evidence must provo what
244
When instrument is improperly certified party may have action to correct error
245
Statutes curing acknowledgments etc preserved
246
Purchase from subsequent granteo without notice of prior unrecorded grant valid
247
Actual notico etc evidence of bad faith
248
Action in District Court to quiet title in certain cases
249
In what office
250
CHAPTER 11
256
THE HOME8TEAD OF A PERSON OTHER THAN THE HEAD OF A FAMILY Section 1260 Petition to County Judge for homestead what to conta...
257
TITLE VI
259
Separate property of married women
261
Witness to add residence
262
Will made out of this State 283
263
Proof of nuncupative wills
264
Evideuoo of revocation
265
Effect of marriage of a man on his will
266
When it is a revocation
267
Advancement during lifetime of testator
268
Legacies when due
277
Liability of benefioiaries for testators obligations
278
DIVISION THIRD
287
Obligation what
289
TITLE IV
296
Where offer may be made
298
CHAPTER III
302
Same
303
CHAPTER IV
304
NOVATION Section 1530 Novation what
305
PART II
309
8ect o 1565 Essentials of oonsent 1566 Consent when voidable
310
Fraud actual or constructive 31 f 1572 Actual fraud what
312
Constructive fruud
313
Mistake what
314
Mistake of law
315
When communication deemed complete
316
Ratification of contract void for want ol consent
317
CHAPTER V
318
Same
320
Provisions abolishing seals made applicable
323
Necessary incidents implied
326
Time of performance of contract
327
Abstinence from injury
335
PART IV
337
ARTICLE I
338
Delivery on demand
342
Buyers directions as to manner f sending thing sold
343
Other marks
344
Warranty on sale of good will
347
CHAPTER IV
348
Section 1S33 Depositor most indemnify depositary
353
LOAN FOR
358
CHAPTER I
363
CHAPTER I
369
Termination by death etc of omployer
374
SHIPMASTERS
375
Appointment of master
379
Care and diligence
380
Special agreement with seamen
381
Wages depend on freightage
382
Disabled seamen
383
ARTICLE VI
384
Salvage
385
Freight consignor etc what
387
ARTICLE V
393
Obligations of carrier of messages
394
TITLE VIII
401
To dijclose adverse interest
404
ARTICLE VI
411
AUTHORITY OF AGENTS
412
ARTICLE IV
419
Agents delegation of his powers
420
Renunciation of future profits exonerates from liability
428
Partial dissolution
432
Who to do business
438
INSURANCE IN GENERAL
444
Exception in the ease ofsovoral subjects in one policy
447
ARTICLE V
449
Test of materiality
450
Matters of opinion
451
Falsity
452
Opon policy what
454
WARRANTIES Section 2603 Warranty express or implied
455
ARTICLE XII
460
Unseaworthiness during the voyage 2687 Seaworthiness for purposes of insurance on cargo 2688 Neutral papers
464
ARTICLE VI
465
ARTICLE VII
466
ARTICLE VIII
468
Requisites of notice
470
Valuation when conclusive
471
Corporations may consolidate Publication of notice Copy to bo Died
473
SURETYSHIP
478
CHAPTER II
485
Definition of Liens
491
ARTICLE IV
494
Mortgago what
497
Power of sale
498
Mortgage docs not entitle mortgagee to possession
499
How created
500
By whom paid after property passes by succession or will
501
What must be recorded as mortgage
502
Penalty for not acknowledging satisfaction
503
Same
504
Must be authenticated
505
Other seotions on recording made applicable
506
Same
507
Mortgagee may foreclose
508
CHAPTER III
509
Delivery essential to validity of pledge
510
Pledge holder must enforce rights of pledgee
511
Waiver of notice of sale
512
30C9 Same
513
CHAPTER IV
514
Same
515
CHAPTER V
516
CHAPTER VI
517
Lien of seller of personal property
518
Lien for services
519
305o Goods must be delivered and received in character of guest and innkeeper
520
Bankers lien
521
Mechanics lien 621
522
Instruments payable to a person or his order how construed
525
Fictitious payee
526
Indorser when liable to payee
528
Rights of accommodation indorser
529
Instrument left blank
530
Apparent maturity of note
531
Same
532
Dishonor what
533
Notice how served after indorsers death 53 1
534
Notices of dishonor when excused
535
Acceptance how made
540
MEASURE OF DAMAGES
554
Damages for Breach of Contract II Damages for Wrohqs III Penai Damages IV General Provisions ARTICLE I
556
Breach of Common Law Covenant against encumbrances
557
Breach of warranty of quality of personal property
562
Breach of carriers obligation to rebeive goods etc
563
Breach of promise of marriage
564
Same
565
Usage what
606
Time
607
Seal what
608
Effect of notice of dishonor 534
619
Who are members eligible to vote and hold office 142
633
State what 608
645
Additional affirmative statements required in complaint 34
671
No other cause cau bo relied on 2724 Effect
699
Waiver of formal abandonment 2726 Agents of the insured bocomo agents of the insurer 2727 Acceptance not necessary 272S Acceptance conclusi...
700
Repeal of former statutes 608
752

Common terms and phrases

Popular passages

Page 206 - ... abaft the beam on the starboard side, and of such a character as to be visible at a distance of at least two miles. " (c) On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of ten points ahead to two points abaft the beam...
Page 72 - To divide, withdraw, or in any manner pay to the stockholders, or any of them, any part of the capital stock of the corporation; or to reduce such capital stock without the consent of the legislature; or 3.
Page 48 - The father of an illegitimate child, by publicly acknowledging it as his own, receiving it as such, with the consent of his wife, if he is married, into his family, and otherwise treating it as if it were a legitimate child, thereby adopts it as such; and such child is thereupon deemed for all purposes legitimate from the time of its birth. The foregoing provisions of this chapter do not apply to such an adoption.
Page 108 - And every company whose railroad^ is or shall be hereafter intersected by any new railroad, shall unite with the owners of such new railroad in forming such intersections and connections, and grant the facilities aforesaid...
Page 312 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true.
Page 206 - Lantern having a Green Slide on the one Side, and a Red Slide on the other Side ; and on the Approach of or to other Vessels, such Lantern shall be exhibited in sufficient Time to prevent Collision, so that the Green Light shall not be seen on the Port Side, nor the Red Light on the Starboard Side. Fishing Vessels and open Boats when at Anchor, or attached to their Nets and stationary, shall exhibit a bright White Light. Fishing Vessels and open Boats shall, however, not be prevented from using a...
Page 75 - ... and may be transferred by indorsement by the signature of the proprietor, or his attorney or legal representative, and delivery of the certificate ; but such transfer is not valid, except between the parties thereto, until the same is so entered upon the books of the corporation, as to show the names of the parties by, and to whom transferred, the number or designation of the shares, and the date of the transfer.* (Section 324, Civil Code.) 33.
Page 227 - THIS INDENTURE, made this day of , in the year One thousand, nine hundred and , between of , the party of the first part...
Page 206 - ... use : and shall, on the approach of or to other vessels, be exhibited on their respective sides in sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side nor the red light on the starboard side, nor, if practicable, more than two points abaft the beam on their respective sides.
Page 219 - Though a grant be not actually delivered into the possession of the grantee, it is yet to be deemed constructively delivered in the following cases: 1. Where the instrument is, by the agreement of the parties at the time of execution, understood to be delivered, and under such circumstances that the grantee is entitled to immediate delivery ; or, 2. Where it is delivered to a stranger for the benefit of the grantee, and his assent is shown, or may be presumed.

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