articles named in the receipt or the bill of lading. [In effect July 1, 1874.] § 2201. 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. § 2202. If freight addressed to a place beyond the usual route of the common 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 lia ble therefor. § 2203. 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. § 2204. 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. [In effect July 1, 1874.] Penalty for overcharges. Penal Code, § 525. ARTICLE IV. COMMON CARRIERS OF MESSAGES. SECTION 2207. Order of transmission of telegraphic messages. 2208. Order in other cases. 2209. Damages when message is refused or postponed. § 2207. 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 mes sages 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 faitn for immediate publica tion 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 received. Penal Code, § 638. § 2208. 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. § 2209. 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. 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 I. NATURE AND CREATION OF A TRUST, §§ 2215-2224. ARTICLE I. NATURE AND CREATION OF A TRUST. SECTION 2215. Trusts classified. 2216. Voluntary trust, what. SECTION 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. 2223. Involuntary trustee, who is. 2224. Involuntary trust resulting from negligence, &c. 2215. A trust is either: 1. Voluntary; or, 2. luvoluntary. § 2216. A voluntary trust is an obligation arising out of a personal confidence reposed in, and voluntarily accepted by, one for the benefit of another. § 2217. An involuntary trust is one which is created by operation of law. § 2218. The person whose confidence creates a trust is called the trustor; the person in whom the confidence is reposed is called the trustee; and the person for whose benefit the trust is created is called the beneficiary. § 2219. Every one who voluntarily assumes a relation of personal confidence with another is deemed a trustee, within the meaning of this chapter, not only as to the person who reposes such confidence, but also as to all persons of whose affairs he thus acquires information which was given to such person in the like confidence, or over whose affairs he, by such confidence, obtains any control. § 2220. A trust may be created for any purpose for which a contract may lawfully be made, except as otherwise prescribed by the Titles on Uses and Trusts and on Transfers. § 2221. Subject to the provisions of section 852, a volunLary trust is created, as to the trustor and beneficiary, by any words or acts of the trustor, indicating with reasonable cer tainty. 1. An intention on the part of the trustor to create a trust; and, 2. The subject, purpose, and beneficiary of the trust. 58 Cal. 483. § 2222. Subject to the provisions of section 852, a voluntary trust is created, as to the trustee, by any words or acts of is indicating, with reasonable certainty: 1. His acceptance of the trust, or his acknowledgment, made upon sufficient consideration, of its existence; and, 2. The subject, purpose, and beneficiary of the trust. § 2223. One who wrongfully detains a thing is an invol untary trustee thereof, for the benefit of the owner. $2224. One who gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or other wrongful act, is, unless he has some other and better right thereto, an involuntary trustee of the thing gained, for the benefit of the person who would otherwise have had it. 58 Cal. 116, 621. ARTICLE II. OBLIGATIONS OF TRUSTEES. SECTION 2228. Trustee's obligation to good faith. 2229. Trustee not to use property for his own profit. 2230. Certain transactions forbidden. 2231. Trustee's influence not to be used for his advantage. 2232. Trustee not to assume a trust adverse to interest of benefi ciary. 2233. To disclose adverse interest. 2234. Trustee guilty of fraud, when. 2235. Presumption against trustees. 2236. Trustee mingling trust property with his own. 2237. Measure of liability for breach of trust. 2238. Same. 2239. Co-trustees, how far liable for each other. § 2228. In all matters connected with his trust, a trustee is bound to act in the highest good faith toward his beneficiary, and may not obtain any advantage therein over the latter by the slightest misrepresentation, concealment, threat, or adverse pressure of any kind. § 2229. A trustee may not use or deal with the trust property for his own profit, or for any other purpose uncontected with the trust, in any manner. § 2230. Neither a trustee nor any of his agents may take part in any transaction concerning the trust in which he or any one for whom he acts as agent has an interest, present or contingent, adverse to that of his beneficiary, except as fol bows: 1. When the beneficiary, having capacity to contract, witl A full knowledge of the motives of the trustee, and of all other facts concerning the transaction which might affect his own decision, and without the use of any influence on the part of the trustee, permits him to do so; 2. When the beneficiary not having capacity to contract the proper court, upon the like information of the facts, grants the like permission; or, 3. When some of the beneficiaries having capacity to contract, and some not having it, the former grant permission for themselves, and the proper court for the latter, in the manner above prescribed. 54 Cal. 106. $ 2231. A trustee may not use the influence which his position gives him to obtain any advantage from his beneficiary. § 2232. No trustee, so long as he remains in the trust, may undertake another trust adverse in its nature to the interest of his beneficiary in the subject of the trust, without the consent of the latter. § 2233. If a trustee acquires any interest, or becomes charged with any duty, adverse to the interest of his beneficiary in the subject of the trust, he must immediately inform the latter thereof, and may be at once removed. $2234. Every violation of the provisions of the preceding sections of this article is a fraud against the beneficiary of the trust. 52 Cal. 406. § 2235. All transactions between a trustee and his beneficiary during the existence of the trust, or while the influence acquired by the trustee remains, by which he obtains any ad antage from his beneficiary, are presumed to be entered into by the latter without sufficient consideration, and under undue influence. § 2236. A trustee who wilfully and unnecessarily mingles the trust property with his own, so as to constitute himself in appearance its absolute owner, is liable for its safety in all events. § 2237. A trustee who uses or disposes of the trust prop |