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Rules and regulations: See ante, sec. 465, subds. 10, 11, and sec. 484.

$ 2187. Fare, when payable. A common carrier may demand the fare of passengers, either at starting or at any subsequent time. En. March 21, 1872.

Cal.Rep.Cit. 81, 298; 97, 464.
Penalty for overcharge: Pen. Code, sec. 525.

$ 2188. Ejection of passengers. A passenger who refuses to pay his fare or to conform to any 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. En. March 21, 1872.

Cal.Rep.Cit. 81, 299; 97, 463.
Ejecting passenger for not paying fare: Sec. 487.

8 2189. Passenger who has not paid fare. A passenger 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. En. March 21, 1872.

Ejecting passenger for nonpayment of fare: Ante, sec. 487.

$ 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. En. March 21, 1872.

8 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. En. March 21, 1872.

See general principle stated in regard to lien for work and labor performed about personalty, post, sec. 3051.

Lien for freight: Ante, sec. 2144.

ARTICLE III.

COMMON CARRIERS OF PROPERTY. § 2194. Liability of inland carriers for loss, $ 2195. When exemptions do not apply. $ 2196. Liability for delay. $ 2197. Liability of marine carriers. $ 2198. Same. $ 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. Sale of perishable property for freight.

$ 2194. Liability of inland carriers for Icss. Unless the consignor accompanies the freight and retains exclusive control thereof, an inland common carrier of property is liable, from the time that he accepts until he relieves himself from liability pursuant to sections 2118 to 2122, 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. En. March 21, 1872. Cal.Rep.Cit. 101, 194. Inland carrier defined: See ante, sec. 2087. Liability as warehouseman: See ante, sec. 2120. Termination of liability: See ante, secs. 2118-2121. Selling perishable articles: See infra, sec. 2204..

$ 2195. When exemptions do not apply. A common carrier is liable, even in the cases excepted by the last section, if his ordinary negligence exposes the property to the cause of the loss. En. March 21, 1872.

$ 2196. Liability for delay. A common carrier is liable for delay only when it is caused by his want of ordinary care and diligence. En. March 21, 1872. Am'd. 1873-4, 251.

Cal.Rep.Cit. 101, 193.

$ 2197. Liability of marine carriers. A marine carrier is liable in like manner as an inland carrier, except for loss or injury caused the 'ils of the sea or fire. En. March 21, 1872.

$ 2198. Same. The liability of a common carrier by sea is further regulated by acts of congress. En. March 21, 1872.

See, also, ante, sec. 2088.

$ 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. En. March 21, 1872.

Cal.Rep.Cit. 76, 147; 76, 148.

$ 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 or 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 such carrier liable upon any package carried for more than the value of the articles named in the receipt or the bill of lading. En. March 21, 1872. Am'd. 1873-4, 251.

Cal.Rep.Cit. 84, 313; 84, 314; 118, 689.

$ 2201. Delivery of freight beyond usual route. If a common carrier accepts freight for a place beyond his usual route, he must, unless he stipulates otherwise, 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. En. March 21, 1872.

Cál.Rep.Cit. 57, 463; 101, 195; 118, 651.
Delivery in general: See ante, secs. 2118, 2119.

$ 2202. Proof to be given in case of loss. If freight addressed to a place beyond the usual route of the common

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carrier who first received it is lost or injured, he must, within a reasonable time after demand, give satisfactory proof to the consignor that the loss or injury did not occur while it was in his charge, or he will be himself liable therefor. En. March 21, 1872.

§ 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. En. March 21, 1872.

Deposit: See, ante, secs. 1813 et seq.
Service: See, ante, secs. 1965 et seq.

$ 2204. Sale of perishable property for freight. If, from any cause other than want of ordinary care and diligence on his part, a common carrier is unable to deliver perishable property 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. En. Stats. 1873-4, 251.

Penalty for overcharges: Pen. Code, sec. 525.

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 messages 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 publication 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 re ceived. En. March 21, 1872.

Carriers of messages: See ante, secs. 2161, 2162.

Neglect or postponement in transmission: See Pen. Code, sec. 638.

§ 2208. Order in other cases. A common carrier of messages, otherwise than by telegraph, must transmit messages in the order in which he receives them, except messages 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 transmission of messages previously received. En. March 21, 1872. Delivery of messages: See ante, sec. 2161.

$ 2209. Damages when message is refused or postponed. Every person whose message is refused or postponed, contrary to the provisions of this chapter, is entitled to recover from the carrier his actual damages, and fifty dollars in addition thereto. En. March 21, 1872.

TITLE VIII.

TRUST. Chapter I. Trusts in General, $$ 2215-2244. II. Trusts for the Benefit of Third Persons, $ $ 2250

2289.

CHAPTER I.

TRUSTS IN GENERAL.
Article 1. Nature and Creation of a Trust, $8 2215-2224.

II. Obligations of Trustees, 88 2228-2239.
III. Obligations of Third Persons, $8 2243-2244.

ARTICLE I. NATURE AND CREATION OF A TRUST. 2215. Trusts classified.

2216. Voluntary trust, what. ! 2217. Involuntary trust, what. 2218. 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 trustor. 2222. How created as to trustee.

2223 Involuntary trustee, who is. I 2224. Involuntary trust resulting from fraud, mistake, etc.

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