CHAPTER V. RESPONDENTIA. SECTION 3036. Respondentia, what. 3040. Obligations of ship owner. § 3036. Respondentia is a contract by which a cargo, or some part thereof, is hypothecated as security for a loan, the repayment of which is dependent on maritime risks. § 3037. The owner of cargo may hypothecate it upon respondentia, at any time and place, and for any lawful purpose. § 3038. The master of a ship may hypothecate its cargo upon respondentia only in a case in which he would be authorized to hypothecate the ship and freightage, but is unable to borrow sufficient money thereon for repairs or supplies which are necessary for the successful accomplishment of the voyage; and he cannot do so, even in such case, if there is no reasonable prospect of benefiting the cargo thereby. § 3039. The provisions of sections 3022 to 3029 apply equally to loans on respondentia. § 3040. The owner of a ship is bound to repay to the owner of its cargo all which the latter is compelled to pay, under a contract of respondentia made by the master, in order to discharge its lien. CHAPTER VI. OTHER LIENS. SECTION 3046. Lien of seller of real property. 2047. When transfer of contract waives llen. 3049. Lien of seller of personal property. SECTION 3052. Liens on personal property. 3053. Lien of factor. 3054. Banker's lien. 3057. Officer's lien. 3058. Judgment lien. 3059. Mechanic's lien. § 3046. One who sells real property has a vendor's lien thereon, independent of possession, for so much of the price as remains unpaid and unsecured otherwise than by the personal obligation of the buyer. § 3047. Where a buyer of real property gives to the seller a written contract for payment of all or part of the price, an absolute transfer of such contract by the seller waives his lien to the extent of the sum payable under the contract; but a transfer of such contract in trust to pay debts, and return the surplus, is not a waiver of the lien. § 3048. The liens defined in sections 3046 and 3050 are valid against every one claiming under the debtor, except a purchaser or incumbrancer in good faith and for value. § 3049. One who sells personal property has a special lien thereon, dependent on possession, for its price, if it is in his possession when the price becomes payable, and may enforce his lien in like manner as if the property was pledged to him for the price. § 3050. One who pays to the owner any part of the price of real property, under an agreement for the sale thereof, has a special lien upon the property, independent of possession, for such part of the amount paid as he may be entitled to recover back, in case of a failure of consideration. § 3051. Every person who, while lawfully in possession of an article of personal property, renders any service to the owner thereof by labor or skill employed for the protection, mprovement, safe keeping, or carriage thereof, has a special Sen thereon, dependent on possession, for the compensation, if any, which is due to him from the owner for such service. And livery or boarding or feed stable proprietors and persons pasturing horses or stock have a lien dependent on possession for their compensation in caring for, boarding, feeding, or pas turing such horses or stock. [In effect May 28, 1878.] Approved March 29, 1878. 53 Cal. 353. $3052. A person who makes, alters, or repairs any article of personal property, at the request of the owner, or legal possessor of the property, has a lien on the same for his reasonable charges for work done and materials furnished, and may retain possession of the same until the charges are paid. If not paid within two months after the work is done, the person may proceed to sell the property at public auction, by giving ten days' public notice of the sale by advertising in some newspaper published in the county in which the work was done; or, if there be no newspaper published in the county, then by posting up notices of the sale in three of the most public places in the town where the work was done, for ten days previous to the sale. The proceeds of the sale must be applied to the discharge of the lien and the cost of keeping and selling the property; the remainder, if any, must be paid over to the owner thereof. § 3053. A factor has a general lien, dependent on possession, for all that is due to him as such, upon all articles of commercial value that are intrusted to him by the same principal. § 3054. A banker has a general lien, dependent on possession, upon all property in his hands belonging to a customer, for the balance due to him from such customer in the course of the business. § 3055. The master of a ship has a general lien, independent of possession, upon the ship and freightage, for advances necessarily made or liabilities necessarily incurred by him for the benefit of the ship, but has no lien for his wages. § 3056. 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. § 3057. 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. Code Civ. Proc. §§ 542, 688. $3058. The lien of a judgment is regulated by the Code of Civil Procedure. Code Civ. Proc. §§ 671, 674 § 3059. The liens of mechanics, for materials and services upon real property, are regulated by the Code of Civil Procedure. [§§ 1183-1199.] § 3060. 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. [§ 813.] Lien of Innkeepers and Boarding-house Keepers, see §§ 1861-1863 of this Code. Liens for Wages, &c., Code Civ. Proc. §§ 1204-1206. CHAPTER VII. STOPPAGE IN TRANSIT. SECTION 3076. When consignor may stop goods 3078. Transit, when ended. 3079. Stoppage, how effected. § 3076. 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. § 3077. 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. § 3078. 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. § 3079. Stoppage in transit can be effected only by notice to the carrier or depositary of the property, or by taking actual possession thereof. § 3080. Stoppage in transit does not, of itself, rescind a ale, but is a means of enforcing the lien of the seller. TITLE XV. NEGOTIABLE INSTRUMENTS. CHAPTER I. NEGOTIABLE INSTRUMENTS IN GENERAL, §§ 3086 3165. II. BILLS OF EXCHANGE, §§ 3171-3238. III. PROMISSORY NOTES, §§ 3244-3248. IV. CHECKS, §§ 3254-3255. V. BANK NOTES AND CERTIFICATES OF DEPOSIT §§ 3261-3262. CHAPTER I. NEGOTIABLE INSTRUMENTS IN GENERAL. ARTICLE I. 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 ARTICLE I. GENERAL DEFINITIONS. SECTION 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, &c. 3092. May contain a pledge, &c. 3093. What it must not contain. 3094. Date. 3095. Different classes of negotiable instruments. § 3086. The provisions of this title apply only to nego tiable instruments, as defined in this article. § 3087. A negotiable instrument is a written promise or |