1811 TITLE XII. OF SOLE TRADERS. Who may become sole traders. 1812. Notice, how given and what to contain. 1813. Petition, what to contain when filed. 1814. May have five hundred dollars of community or husband's property. § 1815. Who may oppose it, and how. 1816. Trial or hearing. 1817. Decree, what it must be. 1818. Oath, copy of order to be recorded. 1819. Rights and liabilities of sole traders. 1820. Sole trader must maintain her children. 1821. Husband of sole trader not liable for debts. § 1811. A married woman may become a sole trader by the judgment of the Superior Court of the county in which she has resided for six months next preceding the application. [In effect Feb. 26th, 1881.] Sole trader law-strict construction, 22 Cal. 283. County Court-see SUPERSEDED COURTS, sec. 76n. § 1812. A person intending to make application to become a sole trader must publish notice of such intention in a newspaper published in the county, or, if none, then in a newspaper published in an adjoining county, once a week for four successive weeks. The notice must specify the day upon which application will be made, the nature and place of the business proposed to be conducted by her, and the name of her husband. [In effect Feb. 26th, 1881.] Four successive weeks-23 Cal. 388 Term-abolition of terms, sec. 73n. § 1813. Ten days prior to the day named in the notice, the applicant must file a verified petition setting forth: 1. That the application is made in good faith, to enable the applicant to support herself, or herself and others dependent upon her, giving their names and relation; 2. The fact of insufficient support from her husband, and the causes thereof, if known; 3. Any other grounds of application which are good causes for a divorce, with the reason why a divorce is not sought; and 4. The nature of the business proposed to be conducted, and the capital to be invested therein, if any, and the sources from which it is derived. § 1814. The applicant may invest in the business proposed to be conducted, a sum derived from the community property or of the separate property of the husband, not exceeding five hundred dollars. § 1815. Any creditor of the husband may oppose the application, by filing in the court (prior to the day named in the notice) a written opposition verified, containing either: 1. A specific denial of the truth of any material allegation of the petition; or setting forth, 2. That the application is made for the purpose of defrauding the opponent; or 3. That the application is made to prevent, or will prevent him from collecting his debt. SUBDIVISION 2. Defrauding the opponent-25 Cal. 225: and see 43 Cal. 105. § 1816. On the day named in the notice, or on such other day to which the hearing may be postponed by the court, the applicant must make proof of publication of the notice hereinbefore required, and the issues of fact joined, if any, must be tried as in other cases; if no issues are joined, the court must hear the proofs of the applicant and find the facts in accordance therewith. § 1817. If the facts found sustain the petition, the court must render judgment authorizing the applicant to carry on in her own name and on her own account the business specified in the notice and petition. § 1818. The sole trader must make and file with the clerk of the court an affidavit, in the following form: I, A. B., do, in the presence of Almighty God, solemnly swear that this application was made in good faith, for the purpose of enabling me to support myself, (and any dependent, such as husband, parent, sister, child, or the like, naming them, if any) and not with any view to defraud, delay, or hinder any creditor or creditors of my husband; and that of the moneys so to be used by me in business, not more than five hundred dollars have come either directly or indirectly from my husband. So help me God. A certified copy of the decree, with this oath indorsed thereon, must be recorded in the office of the recorder of the county where the business is to be carried on, in a book to be kept for such purpose. Decree and oath-of sole trader, though informal, admissible, 48 Cal. 197. § 1819. When the judgment is made and entered, and a copy thereof, with the affidavit provided for in section one thousand eight hundred and eighteen, duly recorded, the person therein named is entitled to carry on the business specified, in her own name, and the property, revenues, money, and credits so by her invested, and the profits thereof, belong exclusively to her, and are not liable for any debts of her husband, and she, thereafter, has all the privileges of, and is liable to all legal processes provided for debtors and creditors, and may sue and be sued alone without being joined with her husband; provided, however, that she shall not be at liberty to carry on said business in any other county than that named in the notice provided for in section one thousand eight hundred and twelve, until she has recorded in such other county a copy of said judgment and affidavit. [In effect March 16th, 1876.] Carry on the business specified-husband's connection, 7 Cal. 455; 29 Cal. 564. Sue and be sued alone-sec. 370; 6 Cal. 497; 17 Cal. 119; 22 Cal. 522; 31 Cal. 104; 39 Cal. 287. § 1820. A married woman who is adjudged a sole trader is responsible and liable for the maintenance of her minor children. § 1821. The husband of a sole trader is not liable for any debts contracted by her in the course of her sole trader's business, unless contracted upon his written consent. TITLE XIII OF PROCEEDINGS IN INSOLVENCY. § 1822. Statutes in relation to, continued in force. § 1822. Nothing in this Code affects any of the provisions of "a an act for the relief of insolvent debtors and protection of creditors," approved May 4th, 1852, or of the acts amendatory thereof, approved respectively March 12th, 1858, April 27th, 1860, and April 27th, 1863; but such acts are recognized as continuing in force notwithstanding the provisions of this Code. Insolvent Act of 1880-Stats. 1880, p. 316. Insolvency decisions-2 Cal. 107; 3 Cal. 47; 5 Cal. 195; 6 Cal. 287, 600; 7 Cal. 89, 428; 8 Cal. 44; 9 Cal. 45, 162; 10 Cal. 41, 269, 418, 483; 14 Cal. 47, 173, 450; 17 Cal. 518; 19 Cal. 691; 22 Cal. 38; 29 Cal. 415; 31 Cal. 167, 201, 328; 32 Cal. 406; 33 Cal. 530; 34 Cal. 24, 92, 391; 36 Cal. 24; 37 Cal. 209; 39 Cal. 137; 40 Cal. 422; 41 Cal. 123, 566; 48 Cal. 201; Bandy v. Ransome, Jan. 19th, 1880, 4 Pac. C. L. J. 537; Cal. F. Co. v. Halsey, March 15th, 1880, 5 Pac. C. L. J. 125; Wilson v. His Creditors, July 6th, 1880, 5 Pac. C. L. J. 662; Boedfield v. Read, July 20th, 1880; Creditors v. Huston, July 21st, 1890. TITLE I. PART IV. OF EVIDENCE. GENERAL DEFINITIONS. §§ 1823-1839. OF GENERAL PRINCIPLES. §§ 1814-1870. II. KINDS AND DEGREES OF EVIDENCE. §§ 1875-1978. V. RIGHTS AND DUTIES OF WITNESSES. §§ 2064-2070. [570] OF EVIDENCE. GENERAL DEFINITIONS AND DIVISIONS. 1823. Definition of evidence. 1824. Definition of proof. 1825. Definition of law of evidence. 1826. The degree of certainty required to establish facts. 1828. Several degrees of evidence specified. § 1830. Secondary evidence defined. § 1823. Judicial evidence is the means, sanctioned by law, of ascertaining in a judicial proceeding the truth respecting a question of fact. Evidence-law of, sec. 1825: kinds of, sec. 1827: degrees of, sec. 1828 et seq. relevancy of, secs. 1868, 1870: production of, see sec. 1825, subd. 3,. note: value and effect of, see sec. 1825, subd. 5, note. § 1824. Proof is the effect of evidence, the establishment of a fact by evidence. Definition of term-31 Cal. 201. Proof-degree required, sec. 1826: order of, secs. 607, 2042: extent of, secs. 1867, 1869 limits of, secs. 1868, 1870: burden of, secs. 1869n, 1981: method of making, 31 Cal. 201. § 1825. The law of evidence, which is the subject of this part of the Code, is a collection of general rules established by law: 1. For declaring what is to be taken as true without proof; 2. For declaring the presumptions of law, both those which are disputable and those which are conclusive; and, 3. For the production of legal evidence; 4. For the exclusion of whatever is not legal; 5. For determining in certain cases, the value and effect of evidence. SUBDIVISION 1. Proof unnecessary-when, see sec. 1827, subd. 1, note. |