5. Every existing judgment, mortgage, or other security for the payment of any debt or liability of the assignor; 6. All property of the assignor at the date of the assignment, which is exempt by law from execution; and, 7. All of the assignor's property at the date of the assign ment, both real and personal, of every kind, not so exempt, and the incumbrances existing thereon, and all vouchers and securities relating thereto, and the value of such property according to the best knowledge of the assignor. § 3462. An affidavit must be made by every person executing an assignment for the benefit of creditors, to be annexed to and filed with the inventory mentioned in the last section, to the effect that the same is in all respects just and true, according to the best of such assignor's knowledge and belief. § 3463. An assignment for the benefit of creditors must be recorded, and the inventory required by section 3461 filed with the county recorder of the county in which the assignor resided at the date of the assignment; or, if he did not then reside in this State, with the recorder of the county in which his principal place of business was then situated; or, if he had not then a residence or place of business in this State, with the recorder of the county in which the principal part of the assigned property was then situated. § 3464. If an assignment for the benefit of creditors is executed by more than one assignor, it may be recorded, and a copy of the inventory, required by section 3461; may be filed with the recorder of the county in which any of the assignors resided at its date, or in which any of them, not then residing in this State, had then a place of business. § 3465. An assignment for the benefit of creditors is void against creditors of the assignor, and against purchasers and incumbrancers in good faith and for value, unless it is recorded, and unless the inventory required by section 3461 is filed, pursuant to section 3463, within twenty days after the date of the assignment. [In effect February 25, 1878.] § 3466. Where an assignment for the benefit of creditors embraces real property, it is subject to the provisions of Article IV. of the Chapter on Recording Transfers, as well as tc those of this title. [§§ 1158-1217.] § 3467. Within thirty days after the date of an assign ment for the benefit of creditors, the assignee must enter inte a bond to the people of this State, in such amount as may be fixed by the county judge of the county in which the original inventory is filed, with sufficient sureties, to be approved by such judge, and conditioned for the faithful discharge of the a trust, and the due accounting for all moneys received by the assignee, which bond must be filed in the same office with the `~~ original inventory. § 3468. Until the inventory and affidavit required by sections 3461 and 3462 have been made and filed, and the assignee has given a bond as required by the last section, the assignee for the benefit of creditors has no authority to dispose of the estate or convert it to the purposes of the trust. § 3469. After six months from the date of an assignment for the benefit of creditors, the assignee may be required, on the petition of any creditor, to account before the county judge of the county where the accompanying inventory was filed, in the manner prescribed by the insolvent laws of thisState. Pol. Code, § 19, subd. 24, continues in force. Act of May 4, 1862. § 3470. Property exempt from execution, and insurance upon the life of the assignor, do not pass to the assignee by a general assignment for the benefit of creditors, unless the instrument specially mentions them, and declares an intention that they should pass thereby. § 3471. In the absence of any provision in the assignment to the contrary, an assignee for the benefit of creditors is entitled to the same commissions as are allowed by law to executors and guardians; but the assignment cannot grant more, and may restrict the commissions to a less amount, or deny them altogether. § 3472. An assignee for the benefit of creditors is not to be held liable for his acts, done in good faith, in the execution of the trust, merely for the reason that the assignment is afterward adjudged void. § 3473. An assignment for the benefit of creditors, which has been executed and recorded so as to transfer the property to the assignee, cannot afterwards be canceled or modified by the parties thereto, without the consent of every creditor affected thereby. Statutes in relation to proceedings in insolvency continued in force Code Cix Proc. § 1822. PART III. NUISANCE. TITLE I. GENERAL PRINCIPLES, §§ 3479-3484. TITLE I. GENERAL PRINCIPLES. SECTION 3479. Nuisance, what. 3480. Public nuisance. 3481. Private nuisance. 3482. What is not deemed a nuisance. 3483. Successive owners. 3484. Abatement does not preclude action. § 3479. Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance. [In effect July 1, 1874.] Code Civ. Proc. § 731; Penal Code, §§ 370-371. § 3480. A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. [In effect July 1, 1874.] § 3481. Every nuisance not included in the definition of the last section is private. § 3482. Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance. § 3483. Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of, such property, created by a former owner, is liable therefor in the same manner as the one who first created it. Code Civ. Proc. § 731. § 3484. The abatement of a nuisance does not prejudice the right of any person to recover damages for its past exist ence. Nuisances Penal Code, §§ 370-374 TITLE II. PUBLIC NUISANCES. SECTION 3490. Lapse of time does not legalize. 3492. When notice is required. 3493. Remedies for public nuisance. 3495. How abated. § 3490. No lapse of time can legalize a public nuisance, amounting to an actual obstruction of public right. § 3491. The remedies against a public nuisance are: 1. Indictment or information; 2. A civil action; or, 3. Abatement. [In effect March 2, 1880.] § 3492. The remedy by indictment or information is regulated by the Penal Code. Penal Code, §§ 370-374. § 3493. A private person may maintain an action for a public nuisance, if it is specially injurious to himself, but not otherwise. 54 Cal. 533. |