The Civil Code of the State of California, Band 1

Cover
H.S. Crocker & Company, book and job printers, 1872
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Inhalt

Effect of repeal
13
DIVISION FIRST PART I PERSONS II PERSONAL RIGHTS III PERSONAL RELATIONS IV CORPORATIONS PART I
15
Minors who are
17
Adults who are
18
When minor may disaffirm
19
Cannot disaffirm contract for necessaries
20
Powers of persons whose incapacity has been adjudged
21
PART II
23
Libel what
24
What communications are privileged
25
Substantial requisites
31
Certificate of marriage
33
Declaration to contain what
34
ARTICLE II
36
Causes for divorce
38
Desertion what
39
In case of cruelty where one party leaves the other who com mits desertion
40
Desertion how cured Effect of refusing condonation
41
Habitual intemperance for one year
42
Evidence of condonation
44
Condonation how revoked
45
Divorces denied when
46
Limitation of time
47
Divorce not to be granted by default etc
48
ARTICLE IV
49
to wife
50
Community and separate property may be subjected to support and educate children
51
Such an action subject to revision on appeal
52
Community property
55
Inventory of separate property of wife
56
166 Filing inventory notice of wifes title
57
Wifes property not liable for debts of the husband but liable for her own debts
58
Courtesy and dower not allowed
59
To be acknowledged and recorded
60
children
62
No person guardian of estate without appointment
68
BRIDGE FERRY WHARF CHUTE AND PIER CORPORATIONS 9
81
To file articles with County Clerk and Secretary of State and receive certificate Term of existence
82
HOMESTEADS
85
contents
91
Parties 456
92
Directors election of etc
94
How many and who to be Directors
95
Corporation at first meeting to elect Directors and adopt bylaws
96
Dividends to be made from surplus profits
97
Justice of the Peace may order meeting when
98
All stock may be represented in votes
99
False certificate report or notice to make officers liable
100
When no provision in bylaws for regular meetings special meetings how called
101
Certiticates how and when issued
102
Transfer of shares held by married women etc Dividends payable to married women
103
Directors may levy assessments
104
CHAPTER III
111
ARTICLE II
119
Payment of subscriptions Capital to be all paid in twelve
130
No stamp required on accident insurance contract
138
CHAPTER II
140
by a twothird vote of the city or town authorities
144
Railroads through cities not to charge fare to and from points therein
145
State lands granted for use of corporations
146
Selections made how proved and certified to
147
Passenger refusing to pay fare
152
488 Officers to wear badge
153
Passenger tickets how issued and to be good for six months
154
TITLE IV
155
Restrictions and limitations to the grant of the right of way
156
Time allowed for completion of work of laying down track
157
Trial proof and limitation
158
Track for grading purposes
159
TITLE V
160
Corporation to obtain license from Supervisors
163
Telegraph corporations
165
Forfeiture for speculating in or owning lands exceeding
169
Property which may be owned by corporations and how dis
175
XII Religious social and benevolent corporations
182
made how
188
DIVISION SECOND
197
TITLE I
199
Real property
201
RIGHTS OF OWNERS
204
ARTICLE I
205
Limited interest what
211
ARTICLE III
217
Income what
223
Limitations of chattels real
228
Contingent remainder in fee
229
29
230
CHAPTER II
231
SERVITUDES SECTION 801 Servitudes attached to land
232
Servitudes not attached to land
238
Designation of estates
239
Apportioning easements
240
How extinguished
241
TITLE III
242
Obligations of owners
246
Purchasers protected
250
Certain devises in trust to be deemed powers
251
Creation of certain powers not prohibited
252
Title of grantor of trust property
253
Certain sales etc by Trustees void
254
Terms author of a power and holder of a power defined
256
Powers in trust
257
Reservation of powers in conveyances
258
Same
259
When directions of author to be observed
260
Instruments deemed conveyances
261
Fraud
262
Power to dispose of fee 923 Power to revoke
263
TITLE IV
264
Effect of right of selection
265
Defective execution
266
PART III
267
Particular kinds of personal property
268
CHAPTER III
274
TITLE III
285
Form of certificate of acknowledgment by married women
323
Form of certificate of acknowledgment by attorney in fact
324
Certificate of authority of Justices in certain cases
325
Evidence must prove what
326
1201 Officers authorized to do certain things
327
Recording and as evidence to be governed by then existing laws
328
CHAPTER V
337
Certain instruments void against purchasers etc
338
Same
339
Homestead of what it consists
340
From what it may be carved
341
From what not
342
Subject to when
343
How conveyed or incumbered
345
Same
346
Same
347
Costs
348
HOMESTEAD OF THE HEAD OF A FAMILY SECTION 1262 Mode of selection
349
Mode of selection
350
Revocation by obliteration on face of will
351
Revocation by marriage and birth of issue
364
Effect of marriage of a man on his will
365
Conveyance when not a revocation
366
Share of afterborn child out of what part of estate to be paid
367
Will to pass rights acquired after the making thereof
368
When devises and bequests vest
369
Rules of interpretation
370
Several instruments are to be taken together
371
Harmonizing various parts
372
When ambiguous or doubtful
373
Technical words not necessary
374
Same
375
Words of donation and of limitation
376
When conversion takes effect
377
When cannot be divested
378
Effect of condition precedent
379
Specific
380
Order of sale in case of an intestate
381
Order of sale in case of a testator 81
383
Abatement
384
Possession of legatees
385
Satisfaction
386
Provisions as to revocations
387
TITLE VII
388
Same
395
Same
396
Advancements constitute part of distributive share
397
What are advancements
398
Distribution of common property on death of the husband
399
Inheritance by representation
400
Succession not claimed Attorney General to cause to be sold and proceeds deposited
401
Property escheated subject to charges as other property
402
Forfeiture
405
PART IV
413
Obligations joint or several etc
417
TITLE III
424
Performance
429
Accord and satisfaction 449
430
Partial performance
431
Application of general performance
433
OFFER OF PERFORMANCE SECTION 1485 Obligation extinguished by offer of performance
436
Offer of partial performance
439
To whom to be made
440
When offer must be made
441
Offer to be made in good faith
442
Ability and willingness essential
443
Performance of condition precedent
444
Title to thing offered
445
Creditors retention of thing which he refuses to accept
446
PART II
455
Essential elements of contract
456
CHAPTER III
457
Consent when voidable
458
When deemed to have been obtained by fraud etc
459
Menace what
460
Fraud actual or constructive
461
Constructive fraud
464
Actual fraud a question of fact
465
Mistake what
467
Mistake of law
468
Mistake of foreign laws
469
Mode of communicating acceptance of proposal
470
Acceptance by performance of conditions
471
Ratification of contract void for want of consent
472
Object what
473
TITLE II
480
Contracts how to be interpreted
484
1645 Technical words
492
Contract restricted to its evident object
493
Particular clause subordinate to general intent
494
Contract partly written and partly printed
495
Inconsistent words rejected
496
Reasonable stipulations when implied
497
Time of performance of contract
498
Same
499
Certain contracts unlawful
500
Penalties void
501
Restraints upon legal proceedings
502
Exception in favor of sale of good will
503
Contract in restraint of marriage void
504
CHAPTER III
510
TITLE I
521
Contract to manufacture
525
CHAPTER II
537
Sale by auction what
552
OBLIGATIONS OF THE DEPOSITARY
555
CHAPTER II
563
ARTICLE IV
571
Obligation of finder
573
Title to property lent
583
Rent when payable
594
Duties of employé for his own benefit
599
SHIPS MANAGERS
610
ARTICLE II
613
Cvol i
618

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Seite 83 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law. it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Seite 83 - Among the most important are immortality, and, if the expression may be allowed, individuality; properties, by which a perpetual succession of many persons are considered as the same, and may act as a single individual. They enable a corporation to manage its own affairs, and to hold property without the perplexing intricacies, the hazardous and endless necessity, of perpetual conveyances for the purpose of transmitting it from hand to hand.
Seite 322 - On this - day of - , in the year - , before me [here insert the name and quality of the officer], personally appeared — — , known to me [or proved to me on the oath of - ] to be the president [or the secretary] of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same.
Seite 467 - Mistake of fact is a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in: 1.
Seite 88 - The amount of its capital stock and the number of shares into which the same shall be divided.
Seite 324 - On this — day of in the year ——, before me (here insert the name and quality of the officer), personally appeared , known to me (or proved to me on the oath of ) to be the president (or the secretary) of the corporation that is described in and that executed the within instrument, and acknowledged to me that such corporation executed the same.
Seite 518 - Every one is responsible, not only for the result of his willful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself.
Seite 223 - By section 35 of the same article, it is, also, provided that "expectant estates are descendible, devisable and alienable in the same manner as estates in possession.
Seite 342 - The Legislature shall protect by law, from forced sale, a certain portion of the homestead and other property of all heads of families.
Seite 68 - The father of an illegitimate child, by publicly acknowledging it as his own, receiving it as such, with the consent of his wife, if he is married, into his family, and otherwise treating it as if it were a legitimate child, thereby adopts it as such; and such child is thereupon deemed for all purposes legitimate from the time of its birth.

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