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1920

BUSINESS MEN'S

LAWS

OF CALIFORNIA

COMPILED FROM THE STATUTES

AND COURT DECISIONS

By

WALTER GOULD LINCOLN

OF THE

LOS ANGELES BAR

Compiler of

“California Laws," 1911
“Laws of Real Estate in California,” 1913
"Uniform Negotiable Instrument Law (Annotated),” 1917

Price $4.50 Net

Copyrighted, 1920
WALTER GOULD LINCOLN

FOREWORD

The laws of California are contained in the Constitution, the Codes, the Statutes and the decisions of the Supreme and Appelate Courts.

The Civil Code has 3543 sections, the Code of Civil Procedure has 2104, regulating the method of trying actions at law; the Political Code has 4605; the Penal Code has 1616; the General Laws comprise about 1500 pages, contained in one volume; the Statutes, in addition to these, are laws which are not numbered, but which, since 1850, probably have about 600 laws now in force, unrepealed. At present there are 180 volumes of Supreme Court decisions, and 40 volumes of Appelate Court decisions, probably 60,000 cases decided altogether. A grand total of about 13,000 laws, and 60,000 cases based upon them.

You can readily see that no one book can contain all the law, nor even all the law on any large subject. In this book I have endeavored to give the gist of the laws, in language which is not technical, and which can be understood by one who is not a lawyer.

Every statement in this book has an authority for it, to be found in some of these volumes of California Laws. If all these authorities were given, too much valuable space would be taken upwhich might better be used for any other laws of interest. Yet, if any reader wishes to know the source of any sentence or law contained in this book, I will be glad to give it upon request, freely.

The book is not perfect. No book is. It is not complete. No law book can ever be. It may have errors. Every lawyer makes them, and even the Supreme Court has reversed itself—for man is fallible. But if the reader will find in its pages one bit of legal knowledge which he did not have before, and can save himself any troubles, or correct any difficulties by so doing—the book will be a success.

And, with that hope, the book goes forth.

WALTER GOULD LINCOLN.

American Bank Building
Los Angeles, California

Abstract of Title: See Real Estate.
Abandonment: See Insurance.

Acceptance: See Negotiable Instruments, 13213, 3214, 3220, 3221, 3222, 3223, 3243, 3244.

Acceptor: See Negotiable Instruments, 113143, 3144.
Accession: See also Real Estate; Personal Property; Liens.

When things belonging to different owners have been united so as to form a single thing, and cannot be separated without injury, the whole belongs to the owner of the thing which forms the principal part; he must, however, reimburse the value of the remainder to the other owner, or surrender the whole to him.

The principal part is that to which the other has been united for the use, ornament, or completion of the former, unless the latter is the more valuable and has been united without the consent of the owner. In such case, the owner may require it to be separated and returned to him, although sole injury should result to the thing to which it had been united.

If neither can be considered the principal part, then the more valuable is to be deemed the principal part; or, if the values are nearly equal, that thing which is the more considerable in bulk.

If one makes a thing from materials belonging to another, the latter may claim the thing on reimbursing the value of the workmanship-unless the value of the workmanship exceeds the value of the material-in which case the thing itself belongs to the worker, on paying the value of the material.

Where a person has made use of materials which belong partly to him and partly to another, and has formed a thing of a new description without having destroyed any of the material, but in such a way that these materials cannot be separated without inconvenience the thing so formed belongs to both persons; but in proportion—as the value of the material is to one, and as the value of material and his workmanship is to the other.

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