cution of the trust. The beneficiaries take no estate or interest in the property, but may enforce the performance of the trust. § 864. Notwithstanding anything contained in the last section, the author of a trust may, in its creation, prescribe to whom the real property to which the trust relates shall belong, in the event of the failure or termination of the trust, and may transfer or devise such property, subject to the execution of the trust. § 865. The grantee or devisee of real property subject to a trust acquires a legal estate in the property, as against all persons except the trustees and those lawfully claiming under them. § 866. Where an express trust is created in relation to real property, every estate not embraced in the trust, and not otherwise disposed of, is left in the author of the trust or his successors. § 867. The beneficiary of a trust for the receipt of the rents and profits of real property, or for the payment of an annuity out of such rents and profits, may be restrained from disposing of his interest in such trust, during his life or for a term of years, by the instrument creating the trust. [In effect July 1, 1874.] § 868 of this Code is repealed. [In effect July 1, 1874.] § 869. Where an express trust is created in relation to real property, but is not contained or declared in the grant to the trustee, or in an instrument signed by him, and recorded in the same office with the grant to the trustee, such grant must be deemed absolute in favor of purchasers from such trustee without notice, and for a valuable consideration. [In effect July 1, 1874.] § 870. Where a trust in relation to real property is expressed in the instrument creating the estate, every transfer or other act of the trustees, in contravention of the trust, is absolutely void. § 871. When the purpose for which an express trust was treated ceases, the estate of the trustee also ceases. TITLE V. POWERS. Title V., of Part II., of Division II., on Powers, of the Civil Code, embracing sections of said Code from sec. 878 to 946, inclusive, is repealed. [Approved April 30. In effect July 1, 1874.] PART III. PERSONAL OR MOVABLE PROPERTY. TITLE I. PERSONAL PROPERTY IN GENERAL, §§ 946-947. II. PARTICULAR KINDS OF PERSONAL PROPERTY $$ 953-994. TITLE I. PERSONAL PROPERTY IN GENERAL. SECTION 946. By what law governed. 947. Future interests in perishable property, how protected. (Repealed.) § 946. IF there is no law to the contrary in the place where personal property is situated, it is deemed to follow the person of its owner, and is governed by the law of his domicile. $946 having been repealed by clerical error in 1874, was reenacted at session of 1875-6. § 947 of said Code is repealed. [In effect July 1, 1874.] TITLE II. PARTICULAR KINDS OF PERSONAL CHAPTER I. THINGS IN ACTION, §§ 953-954. III. PRODUCTS OF THE MIND, §§ 980-985. IV. OTHER KINDS OF PERSONAL PROPERTY, §§ 991 CHAPTER I. THINGS IN ACTION. SECTION 953. Things in action defined. § 953. A thing in action is a right to recover money or other personal property by a judicial proceeding. [In effect July 1, 1874.] § 954. A thing in action, arising out of the violation of a right of property, or out of an obligation, may be transferred by the owner. Upon the death of the owner it passes to his personal representatives, except where, in the cases provided in the Code of Civil Procedure, it passes to his devisees or successor in office. CHAPTER II. SHIPPING. ARTICLE I. GENERAL PROVISIONS, $$ 960-966. ARTICLE I. GENERAL PROVISIONS. SECTION 960. Definition of a ship and shipping terms. 962. Foreign and domestic navigation. 963. Foreign and domestic ships distinguished. 965. Owner for voyage. 966. Registry, &c. § 960. The term ship, or shipping, when used in this Code, includes steamboats, sailing vessels, canal boats, barges, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons. [In effect July 1, 1874.] § 961. All things, belonging to the owners, which are on board a ship, and are connected with its proper use, for the objects of the voyage and adventure in which the ship is engaged, are deemed its appurtenances. $962. Ships are engaged either in foreign or domestic navigation, or in the fisheries. Ships are engaged in foreign navigation when passing to or from a foreign country; and in domestic navigation, when passing from place to place within the United States. § 963. A ship in a port of the State to which it belongs is called a domestic ship; in another port it is called a foreign ship. § 964. If a ship belongs to several persons, not partners, and they differ as to its use or repair, the controversy may be determined by any court of competent jurisdiction. § 965. If the owner of a ship commits its possession and navigation to another, that other, and not the owner, is responsible for its repairs and supplies. § 966. The registry, enrolment, and license of ships are regulated by acts of Congress. ARTICLE II. RULES OF NAVIGATION. SECTION 970. Collisions. 1. Rules as to ships meeting each other. 2. The rule for sailing vessels. 3. Rules for steamers in narrow channels. 4. Same. 5. Rules for steam vessels on different courses. 6. Meeting of steamers. 971. Collision from breach of rules. 972. Breaches of such rules to imply wilful default. 973. Loss, how apportioned. § 970. In the case of ships meeting, the following rules nust be observed, in addition to those prescribed by that part of the Political Code which relates to navigation: 1. Whenever any ship, whether a steamer or sailing ship, proceeding in one direction, meets another ship, whether a steamer or sailing ship, proceeding in another direction, so that if both ships were to continue their respective courses they |