TITLE II.

PARTICULAR KINDS OF PERSONAL PROPERTY.

CHAPTER I. Things in Action.
II. Shipping.

III. Products of the Mind.

IV. Other kinds of Personal Property.

Things in action defined.

Transfer and survivorship.

Am

CHAPTER I.

THINGS IN ACTION.

SECTION 953. Things in action defined.

954. Transfer and survivorship.

953. A thing in action is a right to recover something by a judicial proceeding.

NOTE.-Choses in possession are such personal things of which one has possession; choses in action are such as the owner has not the possession, but merely the right of action for their possession.-2 Black. Com., p. 389. Choses in action are defined by Clulty to be rights to receive or recover a debt or money or damages for breach of contract, or for a tort connected with a contract, but which cannot be enforced without action.-1 Ch. Pr., p. 140.

954. A thing in action, arising out of the violation of a right of property, or out of an obligation, may be transferred by the owner. Upon the death of the owner it passes to his personal representatives, except where, in the cases provided in the CODE OF CIVIL PROCEDURE, it passes to his devisees or successor in office.

NOTE.-At common law a "chose in action" was not assignable.-15 Mass., p. 388; 2 John., p. 1; 1 Cranch, p. 367. In equity all choses in action were assignable, and the assignee had the right to enforce the fulfillment of the obligation in the name of the assignor.-3 Day, p. 364; 6 Pick., p. 316; 9 Cow., p. 34; 3 Yeates, p. 327.

But rights arising ex delicto were not assignable at law or in equity. In California it has been held that a right of action for the conversion of personal property is assignable, and that the assignee can recover upon the same in his own name.-Layard vs. Wheeler, 22 Cal., p. 139; Moore vs. Massini, 32 Cal., p. 594. So, too, of a claim for damages caused by trespass on land.-Moore vs. Masini, 32 Cal., p. 590. Of a contract not to run boats on a certain line of travel.-Cal. Steam Nav. Co. vs. Wright, 6 Cal., p. 258. Of a contract to perform work on a street.-Taylor vs. Palmer, 31 Cal., p. 240; Cochrane vs. Collins, 29 Cal., p. 129. And of an agreement to pay money to a defendant if he would withdraw his defense to a suit.-Gray vs. Garrison, 9 Cal., p. 325. A creditor has not the right to assign a debt in parcels, and thus, by splitting up the cause of action, subject his debtor to the costs and expenses of more suits than the parties originally contemplated; but if such an assignment is made, the debtor alone can avail himself of the objection.-Marzion vs. Pioche, 8 Cal., p. 536. A vendor's lien was held not assignable.-Baum vs. Grigsby, 21 Cal., p. 172; Lewis vs. Covillaud, 21 Cal., p. 78; Williams vs. Younger, 21 Cal., p. 227. Nor a mortgage independent of the debt it was given to secure.-Polhemus vs. Trainer, 30 Cal., p. 685. Nor an unsettled account between partners.-Bullard vs. Kinney, 10 Cal., p. 63. Nor a cause of action for malicious prosecution.-Lawrence vs. Martin, 22 Cal., p. 173. Nor any cause of action arising out of a personal tort which does not survive to the personal representative of the party.-Boyd vs. Blankman, 29 Cal., p. 19; 3 Kernan, p. 322; 36 Barb., p. 270; 2 Kernan, p. 622; 1 Selden, p. 347. By Sec. 954 it is proposed to establish one rule for the assignability and the survivorship of things in action.-See McKee vs. Judd, 12 N. Y., p. 622; Meech vs. Stoner, 19 N. Y., p. 26.

CHAPTER II.

SHIPPING.

ARTICLE I. GENERAL PROVISIONS.

II. RULES OF NAVIGATION.

ARTICLE I.

GENERAL PROVISIONS.

SECTION 960. Definition of a ship.

Definition of a ship.

Appurtenances and

961. Appurtenances and equipments.

962. Foreign and domestic navigation.

963. Foreign and domestic ships distinguished.

964. Several owners.

965. Owner for voyage.

966. Registry, etc.

960. A ship is any structure fitted for navigation. Every kind of ship is included in the term "shipping."

961. All things, belonging to the owners, which equipments are on board a ship, and are connected with its proper use, for the objects of the voyage and adventure in which the ship is engaged, are deemed its appurte

Foreign and domestic

navigation

Foreign and domestic ships dis

nances.

NOTE.-1 Pars. Mar. Law, p. 71.

962. Ships are engaged either in foreign or domestic navigation, or in the fisheries. Ships are engaged in foreign navigation when passing to or from a foreign country; and in domestic navigation, when passing from place to place within the United States.

963. A ship in a port of the State to which it belongs is called a domestic ship; in another port it is tinguished. called a foreign ship.

Several owners.

Owner for voyage.

964. If a ship belongs to several persons, not partners, and they differ as to its use or repair, the controversy may be determined by any Court of competent jurisdiction.

NOTE.-See 2 Pars. Mar. Law, p. 555.

965. If the owner of a ship commits its possession and navigation to another, that other, and not the owner, is responsible for its repairs and supplies.

etc.

966. The registry, enrollment, and license of ships Registry, are regulated by Acts of Congress.

NOTE.-3 Kent's Com., p. 133; Hesketh vs. Stevens,

7 Barb., p. 488.

ARTICLE II.

RULES OF NAVIGATION.

SECTION 970. Collisions.

1. Rules as to ships meeting each other.

2. The rule for sailing vessels.

3. Rules for steamers in narrow channels.

4. Same.

5. Rules for steam vessels on different courses.

6. Meeting of steamers.

971. Collision from breach of rules.

972. Breaches of such rules to imply willful default.

973. Loss, how apportioned.

970. In the case of ships meeting, the following Collisions. rules must be observed, in addition to those prescribed

by that part of the POLITICAL CODE which relates to Navigation:

ships meet

other.

1. Whenever any ship, whether a steamer or sailing Rules as to ship, proceeding in one direction, meets another ship, ing each whether a steamer or sailing ship, proceeding in another direction, so that if both ships were to continue their respective courses they would pass so near as to involve the risk of a collision, the helms of both ships must be put to port so as to pass on the port side of each other; and this rule applies to all steamers and all sailing ships, whether on the port or starboard tack, and whether close-hauled or not, except where the circumstances of the case are such as to render a departure from the rule necessary in order to avoid immediate danger, and subject also to a due regard to the dangers of navigation, and, as regards sailing ships on the starboard tack close-hauled, to the keeping such ships under command;

The rule for sailing vessels.

Rules for steamers in

narrow channels.

Same.

Rules for steam vessels on different

courses.

Meeting of steamers.

2. In the case of sailing vessels, those having the wind fair must give way to those on a wind. When both are going by the wind, the vessel on the starboard tack must keep her wind, and the one on the larboard tack bear up strongly, passing each other on the larboard hand. When both vessels have the wind large or abeam, and meet, they must pass each other in the same way on the larboard hand, to effect which two last mentioned objects the helm must be put to port. Steam vessels must be regarded as vessels navigating with a fair wind, and should give way to sailing vessels on a wind of either tack;

3. A steamer navigating a narrow channel must, whenever it is safe and practicable, keep to that side of the fairway or mid channel which lies on the starboard side of the steamer;

4. A steamer when passing another steamer in such channel, must always leave the other upon the larboard side;

5. When steamers must inevitably or necessarily cross SO near that, by continuing their respective courses, there would be a risk of collision, each vessel must put her helm to port, so as always to pass on the larboard side of each other;

6. The rules of this section do not apply to any case for which a different rule is provided by the regula tions for the government of pilots of steamers approaching each other within sound of the steam whistle, or by the regulations concerning lights upon steamers, prescribed under authority of the Acts of Congress approved August thirtieth, eighteen hundred and fiftytwo, and April twenty-ninth, eighteen hundred and sixty-four.

NOTE.-Part III, Title VI, Chap. I, Article II, Political Code, Cal.

971. If it appears that a collision was occasioned by failure to observe any rule of the foregoing section,