The Civil Code of the State of California

The reasons which prompt the publication of an annotated edition may be briefly stated: In the interpretation of statute law, Courts have always professed to be governed to some extent by the intent of the Legislature, and to take judicial notice of the right sought to be established or the mischief intended to be avoided. The authors of the notes to this edition, having been members of the Commission which drafted the Codes and in constant attendance upon the meetings of the Advisory and Legislative Committees, have had ample opportunity to inform themselves upon these subjects.

A Code of laws, from its universality, cannot be always readily adapted, especially by those unskilled in the profession, to fit each individual case.

It is, then, the object of the notes attached to the various sections of the Codes to explain the reason and intent of the law, to make it clear and easy of comprehension, and to show its application, not only generally, but to circumstances which, though within the principle, may not fall strictly within the letter, of the statute. Thus, for example, where in illustration of a particular section several leading decisions are given, it will be seen that, though they may all be in support of the principle, yet the facts or minutiae of the cases are very diverse. It may in this way frequently happen that the reader, by reference to a section enunciating a comprehensive legal proposition, will find in the note thereto cases which run parallel with and afford a satisfactory solution of the difficulties involved in the questions which he has under investigation. In some places the Code modifies or alters what has heretofore been the law. Wherever this occurs the reason for the change is given-the hardships which existed under the former law, and how the present enactment applies to prevent their future occurrence. It is not presumed that the work is perfect. Indeed, the authors realize that there is room for much improvement; but their anxiety to place before the public, at as early a day as possible, the laws of the State, thus annotated and enriched with the learning of many distinguished jurists and the decisions of Courts of high standing, must plead their excuse. A copyright

has, however, been obtained for the work, and should it meet with the favor and approbation of the public, a foundation will at least have been laid upon which they can in future erect a more finished and complete structure. Little is claimed for this edition on the ground of originality, except in digesting and arranging under their appropriate heads the decisions of Courts and extracts from leading law writers. But when it is borne in mind that the notes contain references to over ten thousand reported cases, beside extensive reference to text books, it will be perceived that much time and labor have been expended in their production. All the statutes passed by the Legislature of 1871-2, which affect any provisions of the Code, are printed in the form of notes under the sections to which they relate.

An exhaustive index to the subject matter (prepared by Mr. Curtis H. Lindley) accompanies the work, and also a list of abbreviations used in the notes. There are also published herewith the Constitutions of the United States and of the State of California, carefully annotated, and Part V of the POLITICAL

CODE.

The authors deem this an appropriate place to render to Mr. Cameron H. King, Secretary of the Code Commission, their acknowledgments for the valuable services rendered by him in assisting in the annotation and in the preparation of this work for the press.

SACRAMENTO, CAL., August 1st, 1872.

CREED HAYMOND,
JOHN C. BURCH.

ANALYSIS OF THE CONTENTS.

DIVISIONS.

I. THE FIRST RELATING TO PERSONS.

II. THE SECOND TO PROPERTY.

III. THE THIRD TO OBLIGATIONS.

IV. THE FOURTH CONTAINS GENERAL PROVISIONS RELAT-

ING TO THE THREE PRECEDING DIVISIONS.

SECTION 2. When this Code takes effect.......

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PRELIMINARY PROVISIONS.