INDEX.

[The references are to the sections.]

ABANDONED, finder of thing not bound to keep it for owner, § 1871.
ABANDONMENT, of husband by wife, relieves him from duty of support

175.

of child by parent, evidence of relinquishment of control, 197
See Act of March 7, 1874, Appendix, p. 478.

of homestead, how only effected, 1243-1244.

of ship by shipmaster, 2940.

of ship, duties of shipmaster on, 2941.

In Marine Insurance,

defined, 2716.

may be made, in what cases, 2717.

may be made, at what time, 2719.

how effected, 2721.

must be absolute and total, 2718.

when defeated, 2720.

notice of, may be oral or written, 2721.

notice of, to contain what, 2722.

can be sustained only on ground specified in notice, 2723.

effect of, 2724.

insurer paying for total loss, entitled to, 2725.

agents of insured act for insurer after, 2726.

acceptance of, not necessary, 2727.

acceptance of, not presumed from silence, 2727.
acceptance of, conclusive, 2728.

made and accepted irrevocable, 2729.

to whom freightage belongs after, 2730.

liability of insurer refusing to accept, 2731.

not necessary to recover actual loss, 2732.

not necessary to recover actual total loss, 2709.

terminates authority of master on behalf of owner, 2381.
See INSURANCE.

of legacies, 1362.

See NUISANCES, 3484, 3494-3495, 3502.

ABSENCE, effect of, on marriage, 61, 97, 98.

temporary, when may be converted into desertion,

ABUSE, of parental authority, remedy for, 203.

of authority, renders contract voidable, 1567, 1575.

ACCEPTANCE, of accord, is satisfaction, 1523.

of benefit of transaction, effect of, 1589.
of partial performance, when necessary, 1741
of rent renews lease, when, 1945.

100.

Acceptance, of guaranty, notice of when necessary, § 2795.
of principal, waives claim to interest, when, 3290.

See ABANDONMENT, 2727-2729, 2731; BILL OF EXCHANGE, 3185.
3193-3199, 3203-3207.

Of Proposal to Contract.

See CONTRACT, 1582-1586.

ACCEPTOR. See BILL OF EXCHANGE, 3193, 3196, 3198, 3199, 3205, 3206.
ACCESSION, property may be acquired by, 1000.

To Real Property,
by fixtures, 1013.

by alluvion, 1014.

by removal of bank, 1015.

by accumulation of earth, 1016.
by change of river's course, 1019.
To Personal Property,

by union of several things, 1025.
by admixture of materials, 1028.
by formation of new things, 1029.
by workmanship, 1030.

by wilful trespass, 1031.

ACCESSORY, passes by transfer of principal, 1084, 3540.

lien is, 2909.

ACCIDENT, error in contract caused by, to be disregarded, 1640.
deposit by, must be accepted, 1816.

thing gained by, held in trust, 2224.

ACCORD, defined, 1521.

effect of, 1522.

See MISTAKE.

acceptance of, is satisfaction, 1523.
of liquidated debt, 1524.

ACCOUNT, employee must render, 1986.

voluntary interferer with property must render, 2078.
for what trust must, 2237.

mutual liability of partners to render, 2412.

partner may be required to, for certain profits, 2438.

ACCUMULATIONS, disposition of, 722.

when void, 723.

certain, allowed, 724.

certain directions concerning, when void in part, 725.
surplus of, in trust, when liable to creditors, 859.
certain allowances may be made out of, 726.
ACKNOWLEDGMENT, of declaration of marriage, 77.

of inventory of separate property of wife, 165.
of marriage settlement contracts, 178.

of contract of apprenticeship of alien minors, 275.

of articles of incorporation, 292.

letters patent may be recorded without, 1160.

of instruments for record, 1158.

of instruments evidencing judgment title, for record, 1159

who may take, in this State, 1180-1181.

who may take, in other States, 1182.

who may take, out of the United States, 1183.

deputy may take, 1184.

requisites for, 1185.

officer taking, must indorse certificate thereon, 1188

form of certificate of, 1189.

Acknowledginent, certificate of, by attorney in fact, § 1192.
by married women, 1186.

certificate of, by married women, 1191.

interpreter may be employed in taking, 1201.

officers authorized to take, may punish for contempt, when,
1201.

after taking, must affix seals and signatures, 1193.

after, party may have action to correct error in certifying, 1202.

of instruments heretofore made, to be governed by then existing
laws, 1205.

of instruments affecting homesteads, 1242.

of homestead declaration, 1262.

of certificate of change of name in partnership, 2469.

of certificate on formation of special partnership, 2480.
of real mortgages, 2952.

of personal mortgages, 2963.

of assignment for benefit of creditors, 3458.

ACT, title of establishing the Civil Code, 1.

how cited, 21.

ACT OF GOD, injures no one 3526.

See SUPERHUMAN CAUSE.

ACTION, commenced previous to taking effect of Code, not affected, 6, 20.
minor may enforce his rights by civil, 42.

to affirm unsolemnized marriage, 77.

to obtain decree of nullity of marriage, 83.

to obtain exclusive control of children, 199.

for abuse of parental authority, 203.

by supervisors, to recover for support of child, 205.

to recover stock sold to pay delinquent assessments, 347.

to retain possession of property, 793, 810.

to enforce easement, by whom maintainable, 809.

for injury to inheritance, by whom maintainable, 826.

to correct defect in certificate of acknowledgment, 1292.

to prove instrument for record, 1203.

by creditor of mortgagor, 2968.

relating to special partnership, special partner need not be party
to, 2492.

ADMINISTRATOR. See PERSONAL REPRESENTATIVES.

ADOPTION, child may be adopted, 221.

who may adopt, 222.

consent of parents necessary, 223.

consent of child's parents necessary, 224.

consent of child, when necessary,

proceedings on, 229.

judge's order on, 227.

effect of, 228.

225.

effect of, on former relations of child, 229.

of illegitimate child, 230.

ADULTERY, divorce to be granted for, 92.

defined, 93.

legitimacy of issue of marriage divorced on account of, 144-145
disposition of community property on divorce for, 147.'

ADULTS, who are, 27.

compensation for support of, child, 210.

ADVANCEMENT, what is deemed, 1397.

effect of, 1309.

Advancement, effect of when heir advanced to dies before testator, § 1399
when deemed ademption, 1351.

value of, how determined, 1398.

constitutes part of distributive share, 1395.
when in excess or insufficient, effect of, 1396.

ADVANTAGE, unfair, when fraudulent, 1575.

unfair, when evidence of undue influence, 1575.

trustee must not use influence to obtain, 2228, 2231.

partner must not obtain, over copartners, 1411.

ADVERSE CLAIM, depositary to give notice to depositor of, 1825.

trustee to give notice to beneficiary of his acquisition of, 2233.
ADVERSE POSSESSION, Owner of property in, may transfer his right, 1047.
property in, may be mortgaged, 2921.

AFFIDAVIT, of officers of corporations, on filing articles of incorporation,
295.

of publication of notice of sale of delinquent stock, 348.

of publication of notice of change of partnership name, 2471.
of publication of notice of formation of special partnership,
2484.

of truth of inventory to be made by assignor for benefit of cred-
itors, 3462.

AGENCY. See AGENT, 2295, 2299, 2300, 2307, 2308-2310, 2315-2318, 2342-
2344, 2349, 2355, 2356.

AGENT, defined, 2295.

must keep his principal informed, 2020.

authority of limited, 2019.

collecting, duty of, 2021.

agent of not responsible to principal, 2022.

who may appoint, 2296.

special, defined, 2297.

general, defined, 2297.

actual, defined, 2299.

ostensible, defined, 2300.

authority of, 2304.

authority of, may extend to what, 2305.

has no authority to defraud principal, 2306.

how derives his authority, 2307.

consideration not necessary to creation of authority of, 2308.

authority of must be in writing, 2309.

oral authority to, when sufficient, 2309.

authority, how conferred on, by ratification, 2310.

partial ratification of act of, when total, 2311.

ratification of act of, when valid and when void, 2312.

ratification of act of, not to prejudice third person, 2313.

ratification of act of, may be rescinded, when, 2814.

extent of authority of, 2315.

actual authority of, 2316.

ostensible authority of, 2317.

implied authority of, 2319.

effect of special restrictions on authority of, 2318.

authority of, to disobey instructions, 2320.

general authority limited by specific, 2321.

general authority of, how limited, 2322.

authority of, to sell personal property, effect of, 2323.

authority of, to sell real property, effect of, 2324.

authority of, to sell, includes authority to receive price, when
2325-2326.