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Enforcing performance of the trust: See post, "Obliga. tion of Trustees,” secs. 2228-2239, and secs. 2258-2263.

8 864. Author of trust may devise, etc. Notwithstanding anything contained in the last section, the author of a trust may, in its creation, prescribe to whom the real property to which the trust relates shall belong, in the event of the failure or termination of the trust, and may transfer or devise such property, subject to the execution of the trust. En. March 21, 1872. Cal.Rep.Cit. 70, 240; 70, 331; 70, 332; 87, 456; 111, 638;

121, 383; 132, 547; 132, 553; 132, 563; 132, 576; 136, 105. $ 865. Title of grantee or devisee of trust property. The grantee or devisee of real property subject to a trust ac. quires a legal estate in the property, as against all persons except the trustees and those lawfully claiming under them. En. March 21, 1872.

Cal.Rep.Cit. 70, 240; 121, 383.

$ 866. Interests remaining in grantor of express trust. Where an express trust is created in relation to real property, every estate not embraced in the trust, and not otherwise disposed of, is left in the author of the trust or his successors. En. March 21, 1872.

Cal.Rep.Cit. 70, 331; 109, 331; 124, 420; 132, 576; 136, 105.

$ 867. Restraining disposition of trusts. The beneficiary of a trust for the receipt of the rents and profits of real property, or for the payment of an annuity out of such rents and profits, may be restrained from disposing of his interest in such trust, during his life or for a term of years, by the instrument creating the trust. En. March 21, 1872. Am'd. 1873-4, 223.

Cal.Rep.Cit. 111, 637 ; 123, 422.
Accumulations: See ante, secs. 722 et seq.; sec. 859.

$ 868. Same. 1873-4, 223.

(Repealed.) En. March 21, 1872.

Rep.

& 869. Effect of omitting trust in conveyance. Where an express trust is created in relation to real property, but is not contained or declared in the grant to the trustee, or in an instrument signed by him, and recorded in the same office with the grant to the trustee, such grant must be deemed absolute in favor of purchasers from such trustee without notice, and for a valuable consideration. En. March 21, 1872. Am'd. 1873-4, 223.

Cal.Rep.Cit. 125, 12.

Purchaser, when charged with implied or resulting trust: See sec. 856, ante.

870. Certain sales, etc., by trustees, void. Where a trust in relation to real property is expressed in the instrument creating the estate, every transfer or other act of the trustees, in contravention of the trust, is absolutely void. En. March 21, 1872.

Cal.Rep.Cit. 70, 331; 106, 534; 108, 649; 134, 645; 134, 657.

$871. When estate of trustee to cease. When the purpose for which an express trust was created ceases, the estate of the trustee also ceases. En. March 21, 1872. Cal.Rep.Cit. 58, 72; 70, 331; 119, 409; 121, 384; 124, 420;

132, 575; 133, 52; 136, 105.

TITLE V.

POWERS. Title V, of part II, of division II, on Powers, of the Civil Code, embracing sections of said code from section 878 to 945, inclusive, is repealed. En. March 21, 1872. Rep. 1873-4, 223.

$ 878.
Cal.Rep.Cit. 132, 557.
$ 880.
Cal.Rep.Cit. 108, 185.
$ 894.
Cal.Rep.Cit. 121, 384.
$ 895.
Cal.Rep.Cit. 121, 384 ; 132, 557.
$ 900.
Cal.Rep.Cit. 132, 557.
$ 942.
Cal.Rep.Cit. 127, 501.

PART III.

PERSONAL OR MOVABLE PROPERTY. Title I. Personal Property in General, 88 946, 947.

II. Particular Kinds of Personal Property, 88 953-994.

TITLE I.

946. $ 947.

PERSONAL PROPERTY IN GENERAL.
By what law governed.
Future interests in perishable property, how protected.

(Repealed.)

$ 946. By what law governed. If there is no law to the contrary in the place where personal property is situated, it is deemed to follow the person of its owner, and is governed by the law of his domicile. En. March 21, 1872. Rep. 1873-4, 223. En. 1875-6, 78.

Cal.Rep.Cit. 105, 199; 105, 201.

[8 946 having been repealed by clerical error in 1874, was re-enacted at session of 1875-6.]

8 947. Future interests in perishable property, how protected. (Repealed.) En. March 21, 1872. Rep. 1873-4, 223.

TITLE II.
PARTICULAR KINDS OF PERSONAL PROPERTY.
Chapter I. Things in Action, 88 953, 954.

II. Shipping, $$ 960-973.
III. Products of the Mind, 88 980-985.
IV. Other Kinds of Personal Property, $8 991-994.

CHAPTER I.

THINGS IN ACTION. 953. Things in action defined. $954. Transfer and survivorship.

$953. Things in action defined. A thing in action is a right to recover money or other personal property by a judicial proceeding. En. March 21, 1872. Am'd. 1873-4, 223.

Cal.Rep.Cit. 123, 161.

$ 954. Transfer and survivorship. A thing in action, arising out of the violation of a right of property, or out of an obligation, may be transferred by the owner. Upon the death of the owner it passes to his personal representatives, except where, in the cases provided in the Code of Civil Procedure, it passes to his devisees or successor in ofice. En. March 21, 1872.

Transfer of obligations: Sec. 1458, post.

Suing on choses in action: See Code Civ. Proc., secs. 367-369, 1582, 1583.

CHAPTER II.

SHIPPING. Article 1. General Provisions, $$ 960-966.

II. Rules of Navigation, $$ 970-973.

ARTICLE I.

GENERAL PROVISIONS. 960. Definition of a ship. 961. Appurtenances and equipments.

362. Foreign and domestic navigation. 263. Foreign and domestic ships distinguished.

964. Several owners. 365. Owner for voyage. 366. Registry, etc.

$ 960. Definition of a ship. The term "ship, or shipping," when used in this code, includes steamboats, sailing Fessels, canal boats, barges, and every structure adapted to be navigated from place to place for the transportation

En. March 21, 1872. Am'd.

of merchandise or persons. 1873-4, 224.

8 961. Appurtenances and equipments. All things, belonging to the owners, which are on board a ship, and are connected with its proper use, for the objects of the voyage and adventure in which the ship is engaged, are deemed its appurtenances. En. March 21, 1872.

$ 962. Foreign and domestic navigation. Ships are engaged either in foreign or domestic navigation, or in the fisheries. Ships are engaged in foreign navigation when passing to or from a foreign country; and in domestic navi. gation, when passing from place to place within the United States. En. March 21, 1872.

$ 963. Foreign and domestic ships distinguished. A ship in a port of the state to which it belongs is called a doinestic ship; in another port it is called a foreign ship. En. March 21, 1872.

$ 964. Several owners. If a ship belong to several per. sons, not partners, and they differ as to its use or repair, the controversy may be determined by any court of competent jurisdiction. En. March 21, 1872.

$ 965. Owner for voyage. If the owner of a ship commits its possession, and navigation to another, that other, and not the owner, is responsible for its repairs and supplies. En. March 21, 1872.

Charter party defined: See post, sec. 1959.

8 966. Registry, etc. The registry, enrollment, and llcense of ships are regulated by acts of congress. En. March 21, 1872.

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