The Civil Code of the State of California, Volume 2

Front Cover
H.S. Crocker & Company, book and job printers, 1874 - Civil law
 

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Contents

Obligation to carry luggage
33
Liability for luggage
34
Seats for passengers
35
Regulations for conduct of business
36
Passenger who has not paid fare
37
Carriers lien
38
When exemptions do not apply
39
Liability for delay
40
Delivery of freight beyond usual route
41
Carriers services other than carriage and delivery
42
Order in other cases
43
Trusts in general
44
ARTICLE III
55
Nature and creation of the trust
56
TITLE IX
63
Rescission of ratification
71
Agents necessary authority
73
2320 Agents power to disobey instructions
74
Authority to be construed by its specific rather than by its general terms 2322 Exceptions to general authority
75
What included in authority to sell real property
76
Principal when bound by incomplete execution of authority
77
Obligation of principal when agent exceeds his authority
78
Principals responsibility for wrongs willfully committed by the agent
80
Obligation of agent to surrender property to third person
82
ARTICLE V
83
Subagent rightfully appointed represents principal
84
CHAPTER II
85
PARTNERSHIP
90
Effect of renunciation
97
ARTICLE X
101
ARTICLE V
104
Powers of partners after dissolution
107
Who to do business
115
Interest and profits
116
Insurance
127
Insurable interest what
133
Concealment what
140
What must be disclosed
141
Test of materiality
142
Interest of insured
143
Representation what
144
Time intended by representation
145
Effect of falsity
146
Policy what
147
Whose interest is covered
148
Successive owners
149
Open policy what
150
Effect of receipt
151
Agreement not to transfer
152
Warranty must be in policy
153
Warranty as to the future
154
ARTICLE IX
160
C vol ii
161
CHAPTER II
167
ARTICLE II
174
ARTICLE IV
185
Deviation what
189
Deviation exonerates the insurer
190
Actual and constructive total loss
191
Actual total loss what
192
Constructive total loss
194
2708 Cost of reshipment etc
195
Average loss
196
ARTICLE VIII
197
When insured may abandon
198
Must be unqualified
201
No other cause can be relied on
202
Acceptance conclusive
203
Valuation when conclusive
204
Valuation apportioned
205
Arrival of thing damaged
206
CHAPTER IV
214
Indemnity
221
CHAPTER I
227
ARTICLE IV
238
What dealings with debtor exonerate guarantor
240
Suretyship
247
Letter of credit what
254
ARTICLE III
259
ARTICLE V
265
Lien of a mortgage when special
272
Transfer of interest when deemed a mortgage
273
Mortgage on what a lien
274
Mortgage does not entitle mortgagee to possession
275
Subsequently acquired title inures to mortgagee
276
Recording assignment of mortgage
277
Same
278
ARTICLE II
279
Defeasance to affect grant absolute on its face must be recorded
280
By whom paid after property passes by succession or will
281
Form of personal mortgage
282
Where recorded
283
Certified copies may be recorded when
284
Distribution of proceeds of sale under process
285
Pledge what
286
When contract is to be deemed a pledge
290
Owner of ship may hypothecate
302
Same
303
When master may hypothecate freight money
304
Rate of interest
305
Stipulation for personal liability void
306
When consignor may stop goods
320
Promissory notes 373
323
Indorsement what
330
Indorser when liable to payee
332
ARTICLE V
346
Bills of exchange
356
When bill may be accepted or paid for honor
365
General provisions
377
DIVISION FOURTH
379
SPECIFIC AND PREVENTIVE RELIEF
381
INTEREST AS DAMAGES
385
Detriment caused by preach of covenant of seizin etc
388
what is
391
Detriment caused by breach of covenant against incumbrances is what
393
Breach of agreement to convey real property
394
Breach of agreement to buy real property
395
Breach of agreement to sell personal property not paid for
396
Breach of agreement to sell personal property paid for
397
Breachof warranty of title to personal property
398
Breach of warranty of quality of personal property
399
Breach of warranty of quality for special purpose
400
Breach of carriers obligation to receive goods etc
401
Carriers delay
402
Breach of warranty of authority
403
Breach of promise of marriage
404
Wrongful occupation of real property
405
3335 Willful holding over
406
Same
408
Seduction
409
Injuries to animals
410
ARTICLE III
411
Injuries to trees etc
412
Injuries inflicted in a duel
413
Value how estimated in favor of seller
414
Property of peculiar value
415
Value of thing in action
416
Nominal damages
417
CHAPTER I
418
Judgment for delivery
422
ARTICLE V
437
TITLE I
449
Transfers etc with intent to defraud creditors
451
Certain transfers presumed fraudulent
452
Creditors right must be judicially ascertained
453
TITLE III
454
When debtor may execute assignment
455
Insolvency what
464
What preferences may be given
465
Certain rights not affected by preferences in assignment
466
The instrument of assignment
468
Inventory required
469
Verification of inventory
471
Same
472
Conditions of disposal and conversion
473
Assignees protected for acts done in good faith
474
PART III
475
TITLE II
483
CONSTITUTION OF THE UNITED STATES
507
ARTICLE IV
522
BILLETING OF SOLDIERS
527
Bailsfinespunishments
529
Shavery prohibited
531
ARTICLE I
533
Free exercise of religion speech etc and right of people
535
CONSTITUTION OF CALIFORNIA
541
Excessive bail fines and punishments
542
Popular assemblies
544
ARTICLE II
545
Privileges of electors
546
ARTICLE IV
547
Senate and Assembly and enacting clause of laws
548
Number of Senators when increased
549
Origin and passage of bills
550
Persons holding lucrative offices under the United States Govern ment etc ineligible to office under State Government Proviso
551
Lotteries prohibited
552
Dues of corporations and individual liability therefor
553
ARTICLE V
554
Transact all executive business
555
Executive messages
556
Of the Lieutenant Governor
557
Superintendent of Public Instruction
565
MODE OF AMENDING AND REVISING THE CONSTITUTION SECTION 1 Proposal of amendments Submission to the people
566
ARTICLE XI
567
Legislature to provide a system of uniform county and town
568
governments
569
Suits against the State
570
Residence not affected by absence on the business of the State or Federal Government
571
SCHEDULE SECTION 1 Mexican laws in force
572
Inalienable rights 542
582
POLITICAL CODE
587

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Page 500 - Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy ; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Page 519 - The person having the greatest number of votes as Vice President, shall be the Vice President, if such number be a majority of the whole number of electors appointed ; and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President ; a quorum for the purpose shall consist of two thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office...
Page 544 - The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.
Page 509 - ... 3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed.
Page 506 - No person, except a natural-born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.
Page 530 - ... and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state.
Page 503 - ... 2. The privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it. 3. No bill of attainder or ex post facto law shall be passed. 4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken.
Page 530 - The right of trial by jury shall be secured to all, and remain inviolate forever. But a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Page 499 - The times, places, and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof: but the congress may at any time by law, make or alter such regulations, except as to the places of choosing senators.
Page 548 - The court shall also have power to issue writs of mandamus, certiorari, prohibition and habeas corpus, and also all writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the Justices shall have power to issue writs of habeas corpus to any part of the State, upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or the Supreme Court, or before any Superior Court in the State, or before any Judge thereof.

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