§ 654. The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this code, the thing of which there may be ownership is called property.

Enacted March 21, 1872.

109 Cal. 37; 116 Cal. 343; 126 Cal. 119; 131 Cal. 307; 1 Cal. App. 513.

As to the meaning of "property" for the purposes of taxation, see Pol. C. § 3617.

Franchises as property: See § 388, ante.

In what property may exist.

§ 655. There may be ownership of all inanimate things which are capable of appropriation or of manual delivery; of all domestic animals; of all obligations; of such products of labor or skill as the composition of an author, the goodwill of a business, trade-marks and signs, and of rights created or granted by statute.

Enacted March 21, 1872.

126 Cal. 119; 133 Cal. 71; 149 Cal. 598; 1 Cal. App. 513. For trade-marks, etc., see, also, Civ. C. §§ 991, 1772, 1773; Pol. C. § 3196 to 3201; Pen. C. § 349a to 3544; also, "Trademarks," statutes at large, Appendix.

§ 991. One who produces or deals in a particular thing, or conducts a particular business, may appropriate to his exclusive use, as a trade-mark, any form, symbol, or name, which has not been so appropriated by another, to designate the origin or ownership thereof; but he can not exclusively appropriate any designation, or part of a designation, which relates only to the name, quality, or the description of the thing or business, or the place where the thing is produced, or the business is carried on.

Amended March 30, 1874; amendts. 1873-4, p. 224.

63 Cal. 446; 100 Cal. 677; 103 Cal. 73; 136 Cal. 352; 150 Cal. 182.

As to trade-marks, see, also, Civ. C. §§ 654, 655, 1772, 1773; Pol. C. §§ 3196-3201; Pen. C. §§ 349a to 3544; see, also, "Trade-marks," statutes at large, Appendix.

PART IV.

ACQUISITION OF PROPERTY.

SEC. 1161.

TITLE IV.

Transfer.

CHAPTER IV.

RECORDING TRANSFERS.

ARTICLE I.

What May Be Recorded.

Acknowledgment of instrument by a person; by a corporation.

1163. Residence recorded for the purpose of service of summons. Fee. Index.

Acknowledgment of instrument by a person; by a corporation. § 1161. Before an instrument can be recorded, unless it belongs to the class provided for in either section eleven hundred and fifty-nine, eleven hundred and sixty, twelve hundred and two, or twelve hundred and three, its execution must be acknowledged by the person executing it, or if executed by a corporation, by its president or secretary, or other person executing the same on behalf of the corporation, or proved by a subscribing witness, or as provided in sections eleven hundred and ninety-eight and eleven hundred and ninety-nine, and the acknowledgment or proof certified in the manner prescribed by article three of this chapter.

Amended March 21, 1905; stats. 1905, p. 602.

55 Cal. 565; 56 Cal. 129; 74 Cal. 429; 90 Cal. 477.

NOTE. § 1161. The change consists in the addition of the words "or other person executing the same on behalf of the corporation," following "its president or secretary." The reason for the amendment is that an instrument may be executed on behalf of a corporation by an officer or person other than its president

www

The

or secretary, when authorized by its board of directors. section as it heretofore stood appeared to sanction its execution by those officers only.

Residence recorded for the purpose of service of summons-FeeIndex.

§ 1163. Any person, firm, or corporation, may record in the office of the county recorder of any county in the State of California a certificate setting forth the name of said person, firm, or corporation, and the place of residence of said person, firm, or corporation, and the place where service of summons may be made upon said person, firm, or corporation. The said certificate must be verified by the oath of the person, or of a member of the firm, or officer of the corporation making the same, and may be recorded without acknowledgment. Such person, firm or corporation may upon a change of place of residence file affidavit as herein provided and such last affidavit filed shall be the place designated as the place where service of summons may be made as herein provided. The fee of the recorder for recording said certificate shall be fifty cents; and the recorder shall keep in his office an index entitled "Index to certificates of residence," in which must be entered the name of the person, firm, or corporation in whose behalf said certificate was filed.

Enacted March 18, 1905; stats. 1905, p. 139.

Foreign corporation to designate person upon whom summons may be served: See Civ. C. §§ 405, 406.

Foreign insurance corporation: See Pol. C. § 616.

SEC. 1185.

ARTICLE III.

Proof and Acknowledgment of Instruments.

Requisites for acknowledgment or proof of instrument.

1190. Form of acknowledgment by corporation.

Requisites for acknowledgment or proof of instrument.

§ 1185. The acknowledgment of an instrument must not be taken, unless the officer taking it knows or has satisfactory evidence, on the oath or affirmation of a credible witness, that the person making such acknowledgment is the individual who is described in and who executed the instrument; or, if executed

by a corporation, that the person making such acknowledgment is the president or secretary of such corporation, or other person who executed it on its behalf.

Amended March 21, 1905; stats. 1905, p. 603.

55 Cal. 565; 96 Cal. 651; 97 Cal. 212; 101 Cal. 539;

131 Cal. 507; VII Cal. App. Dec. 418.

NOTE. § 1185. The change consists in the addition of the words "or other person who executed it on its behalf," following "president or secretary of such corporation." (See note to section 1161.)

Form of acknowledgment by corporation.

§ 1190. The certificate of acknowledgment of an instrument executed by a corporation must be substantially in the following form: "STATE OF

County of

"On this

SS.

day of

in the year

before me

(here insert the name and quality of the officer), personally appeared known to me (or proved to me on the oath of) to be the president (or the secretary) of the corporation that executed the within instrument (where, however, the instrument is executed in behalf of the corporation by some one other than the president or secretary, insert: known to me [or proved to me on the oath of -] to be the person who

executed the within instrument on behalf of the corporation therein named) and acknowledged to me that such corporation executed the same."

Amended March 21, 1905; stats. 1905, p. 603.

55 Cal. 565; 101 Cal. 539.

NOTE. § 1190. The change consists in the addition of the proviso "the person who executed the within instrument on behalf of the corporation therein named," following the words "the president (or the secretary) of the corporation that executed the within instrument." (See note to section 1161.)