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8 3056. Seamen's lien. The mate and seamen of a ship have a general lien, independent of possession, upon the ship and freightage, for their wages, which is superior to every other lien. En. March 21, 1872.

$ 3057. Officers' lien. An officer who levies an attachment or execution upon personal property acquires a special lien, dependent on possession, upon such property, which authorizes him to hold it until the process is discharged or satisfied, or a judicial sale of the property is had. En. March 21, 1872.

Attachment and execution: See Code Civ. Proc., secs. 542, 682, 688, and 690.

$ 3058. Judgment lien. The lien of a judgment is regulated by the Code of Civil Procedure. En. Marcn 21, 1872.

Judgment lien: See Code Civ. Proc., secs. 671, 674.

$ 3059. Mechanic's lien. The liens of mechanics, for materials and services upon real property, are regulated by the Code of Civil Procedure. En. March 21, 1872.

Mechanics' liens: See Code Civ. Proc., secs. 1183-1203. See also, ante, sec. 3052; post, Appendix, title Liens.

$ 3060. Lien on ships. Debts amounting to at least fifty dollars, contracted for the benefit of ships, are liens in the cases provided by the Code of Civil Procedure. En. March 21, 1872.

Lien of innkeepers and boarding house keepers: See secs. 1861-1863 of this code. Liens for wages, etc.: Code Civ. Proc., secs. 1204-1207.

Liens for services performed for ships: See Code Civ. Proc., sec. 813.

CHAPTER VII.

STOPPAGE IN TRANSIT. $ 3076. When consignor may stop goods. $ 3077. What is insolvency of consignee. $ 3078. Transit, when ended.

30 79. Stoppage, how effected. $ 3080. Effect of stoppage.

$ 3076. When consignor may stop goods. A seller or consignor of property, whose claim for its price or proceeds has not been extinguished, may, upon the insolvency of the buyer or consignee becoming known to him after parting with the property, stop it while on its transit to the buyer or consignee, and resume possession thereof. En. March 21, 1872.

That bills of lading are negotiable: See ante, secs. 2127, 2128.

8 3077. What is insolvency of consignee. A person is insolvent, within the meaning of the last section, when he ceases to pay his debts in the manner usual with persons of his business, or when he declares his inability or unwillingness to do so. En. March 21, 1872.

$ 3078. Transit, when ended. The transit of property is at an end when it comes into the possession of the consignee, or into that of his agent, unless such agent is employed merely to forward the property to the consignee. En. March 21, 1872.

§ 3079. Stoppage, how effected. Stoppage in transit can be effected only by notice to the carrier or depositary of the property, or by taking actual possession thereof. En. March 21, 1872.

$ 3080. Effect of stoppage. Stoppage in transit does not, of itself, rescind a sale, but is a means of enforcing the lien of the seller. En. March 21, 1872.

TITLE XV.

NEGOTIABLE INSTRUMENTS.
Chapter I. Negotiable Instruments in General, $$ 3086-

3165.
IJ. Bills of Exchange, $$ 3171-3238.
III. Promissory Notes, 88 3244-3248.
IV. Checks, $8 3254, 3255.
V. Bank Notes and Certificates of Deposit,

$$ 3261, 3262.

CHAPTER I.

NEGOTIABLE INSTRUMENTS IN GENERAL.
Article 1. General Definitions, $$ 3086-3095.

II. Interpretation, $$ 3099-3104.
III. Indorsement, $$ 3108-3125.
IV. Presentment for Payment, $$ 3130-3137.

V Dishonor, $$ 3141-3151.
VI. Excuse of Presentment and Notice, $$ 3155-3160.
VII. Extinction, $$ 3164-3165.

ARTICLE I.

GENERAL DEFINITIONS. 3086, To what instruments this title is applicable. 3087. Negotiable instrument, what.

3088. Must be for unconditional payment of money. (3089. Payee.

3090 Instrument may be in alternative. 3091. Date, etc.

3092. May contain a pledge, etc. 3093. What it must not contain. 3034.

Date. 3095. Different classes of negotiable instruments.

$ 3086. To what instruments this title is applicable. The provisions of this title apply only to negotiable instruments, as defined in this article. En. March 21, 1872.

Cal.Rep.Cit. 94, 145.

3087. Negotiable instrument, what. A negotiable instrument is a written promise or request for the payment of a certain sum of money to order or bearer, in conformity to the provisions of this article. En, March 21, 1872. Cal.Rep.Cit. 55, 566; 64, 391; 68, 548; 81, 327; 82, 633;

103, 324; 131, 386. Fictitious payee: See secs. 3102, 3103.

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§ 3088. Must be for unconditional payment of money. A negotiable instrument must be made payable in money only, and without any condition not certain of fulfillment. En. March 21, 1872.

Cal.Rep.Cit. 74, 596; 82, 639; 133, 685.
Other contract in instrument: See infra, sec. 3093.

$ 3089. Payee. The person to whose order a negotiable instrument is made payable must be ascertainable at the time the instrument is made. En. March 21, 1872.

Fictitious payee: See secs. 3102, 3103.
Indorsement in blank: See sec. 3125.

§ 3090. Instrument may be in alternative. A negotiable instrument may give to the payee an option between the payment of the sum specified therein and the performance of another act; but as to the latter, the instrument is not within the provisions of this title. En. March 21, 1872.

8 3091. Date, etc. A negotiable instrument may be with or without date, and with or without designation of the time or place of payment. En. March 21, 1872.

Antedating: See post, sec. 3094.
Time of payment: See post, sec. 3248.
Place of payment: See secs. 3100, 3130, 3131, subd. 4.

8 3092. May contain a pledge, etc. A negotiable instrument may contain a pledge of collateral security, with authority to dispose thereof. En. March 21, 1872.

8 3093. What it must not contain. A negotiable instrument must not contain any other contract than such as is specified in this article. En, March 21, 1872.

Cal.Rep.Cit. 64, 391; 68, 548; 82, 639; 131, 386; 133, 685.

$ 3094. Date. Any date may be inserted by the maker of a negotiable instrument, whether past, present, or future, and the instrument is not invalidated by his death or incapacity at the time of the nominal date. En. March 21, 1872.

$ 3095. Different classes of negotiable instruments. There are six classes of negotiable instruments, namely:

1. Bills of exchange; 2. Promissory notes;

3. Bank notes;
4. Checks;
5. Bonds;
6. Certificates of deposit. En. March 21, 1872.
Cal.Rep.Cit. 64, 391 ; 77, 641; 130, 548.
Bills of lading: Ante, sec. 2127.

Certificates of stock are not negotiable instruments: See ante, sec. 324.

Bills of exchange: See post, secs. 3171 et seq.
Promissory notes: See post, secs. 3244 et seq.
Bank notes: See post, sec. 3261.
Checks: See post, secs. 3254 et seq.

ARTICLE II.

INTERPRETATION OF NEGOTIABLE INSTRUMENTS. $ 3099. Time of payment. § 3100. Place of payment not specified. $ 3101. Instruments payable to a person or his order, how con

strued. $ 3102. Unindorsed note, when negotiable. § 3103.

Fictitious payee. 3104, Presumption of consideration.

8 3099. Time of payment. A negotiable instrument which does not specify the time of payment is payable immediately. En. March 21, 1872.

Cal.Rep.Cit. 130, 548.
Time of payment: See ante, sec. 3091.

8 3100. Place of payment not specified. A negotiable instrument which does not specify a place of payment is payable at the residence or place of business of the maker, or wherever he may be found. En. March 21, 1872. Am'd. 1873-4, 262.

Cal.Rep.Cit. 113, 24.

Place of payment.-Where no place of payment is expressed in a bill, the drawee's place of residence is understood: Post, sec. 3131, subd. 4.

8 3101. Instruments payable to a person or his order, how construed. An instrument, otherwise negotiable in form, payable to a person named, but with the words added, or to his order,” or “to bearer,” or words equivalent thereto, is in the former case payable to the written

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