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TITLE III.

Deposit.

CHAPTER II.

DEPOSIT FOR KEEPING.

CHAPTER [ARTICLE] IIIa.

[Article IIIa added March 21, 1905; stats. 1905, p. 612.]
Warehousemen.

(See, also, "Warehousemen," statutes at large, Appendix.)
Warehouse receipts, when must not be issued.
1858a. Property not to be removed without consent in writ-

SEC. 1858.

ing.

1858b. Warehouse receipts, classification and effect of.
1858c. Endorsement on negotiable receipt of property deliv-

ered.

1858d. Negotiable receipts and their effect.

1858e. Liability for loss by fire.

1858f. Penalties and liabilities.

Warehouse receipts, when must not be issued.

§ 1858. A warehouseman, wharfinger, or other person doing a storage business must not issue any receipt or voucher for any merchandise, grain, or other product or thing of value, to any person purporting to be the owner thereof, nor to any person as security for any indebtedness or for the performance of any obligation, unless such merchandise, grain, or other product, commodity, or thing has been, in good faith, received by such warehouseman, wharfinger, or other person, and is in his store or under his control at the time of issuing his receipt; nor must any second receipt for any such property be issued while a former receipt for any part thereof is outstanding and uncanceled.

Enacted March 21, 1905; stats. 1905, p. 612.

NOTE. §§ 1858, 1858a, 1858b, 1858c, 1858d, 1858e, 1858f. The statute of 1877-8, page 949, relating to warehousemen's and wharfinger's receipts, is codified in the above sections.

Property not to be removed without consent in writing.

§ 1858a. No warehouseman, wharfinger, or other person must sell or incumber, ship, transfer, or remove beyond his imme

diate control any property for which a receipt has been given, without the consent in writing of the person holding such receipt plainly indorsed thereon in ink.

Enacted March 21, 1905; stats. 1905, p. 612.

NOTE. See note to § 1858, ante.

Warehouse receipts, classification and effect of. § 1858b. Warehouse receipts for property stored are of two classes: first, transferable or negotiable; and second, non-transferable or non-negotiable. Under the first of these classes the property is transferable by indorsement of the party to whose order such receipt was issued, and such indorsement is a valid transfer of the property represented by the receipt, and may be in blank or to the order of another. All warehouse receipts must distinctly state on their face for what they are issued and its brands and distinguishing marks and the rate of storage per month or season, and, in the case of grain, the kind, the number of sacks, and pounds. If a receipt is not negotiable, it must have printed across its face, in red ink, in bold, distinct letters, the word "non-negotiable."

Enacted March 21, 1905; stats. 1905, p. 612.

NOTE. See note to § 1858, ante.

Endorsement on negotiable receipt of property delivered.

§ 1858c. If a negotiable receipt is issued for any property, neither the person issuing it nor any other person into whose care or control the property comes must deliver any part thereof without indorsing on the back of the receipt, in ink, the amount and date of the delivery; nor can he be allowed to make any offset, claim, or demand other than is expressed on the face of the receipt, when called upon to deliver any property for which it was issued.

Enacted March 21, 1905; stats. 1905, p. 612.

NOTE. See note to § 1858, ante.

Negotiable receipts and their effect. § 1858d. If a non-negotiable receipt is issued for any property, neither the person issuing nor any other person in whose care or control the property comes must deliver any part thereof, except upon the written order of the person to whom the receipt was issued.

Enacted March 21, 1905; stats. 1905, p. 612.

NOTE. See note to § 1858, ante.

Liability for loss by fire.

§ 1858e. No warehouseman or other person doing a general storage business is responsible for any loss or damage to property by fire while in his custody, if he exercises reasonable care and diligence for its protection and preservation. Enacted March 21, 1905; stats. 1905, p. 613.

NOTE. See note to § 1858, ante.

Penalties and liabilities.

§ 1858f.

Every warehouseman, wharfinger, or other person who violates any of the provisions of sections eighteen hundred and fifty-eight to eighteen hundred and fifty eight e, inclusive, is guilty of a felony, and, upon conviction thereof, may be fined in a sum not exceeding five thousand dollars, or imprisoned in the state prison not exceeding five years, or both. He is also liable to any person aggrieved by such violation for all damages, immediate or consequent, which he may have sustained therefrom, which damages may be recovered by a civil action in any court of competent jurisdiction, whether the offender has been convicted or not.

Enacted March 21, 1905; stats. 1905, p. 613.
NOTE. See note to § 1858, ante.

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(For organization and government of corporations which are common carriers, see Civ. C. § 454 et seq.; "Railroads," "Street Railroads," and "Emigration," statutes at large, Appendix; see, also, Constitution of California, art. XII, §§ 17 to 22.)

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§ 2168. Every one who offers to the public to carry persons, property, or messages, excepting only telegraphic messages, is a common carrier of whatever he thus offers to carry.

Amended March 30, 1874; amendts. 1873-4, p. 249. 66 Cal. 581, 586.

Obligation to accept freight.

§ 2169. A common carrier must, if able to do so, accept and carry whatever is offered to him, at a reasonable time and place, of a kind that he undertakes or is accustomed to carry.

Enacted March 21, 1872.

70 Cal. 178; 81 Cal. 268.

Obligation to carry luggage: Civ. C. § 2180.
Obligation to carry messages: Civ. C. § 2209.

Obligation to carry passengers and property: Civ. C. § 482.
Providing seats, and overloading of vehicle: Civ. C. § 2185.
Refusal to take passengers, penalty: Pen. C. § 365.

Obligation not to give preference.

§ 2170. A common carrier must not give preference, in time, price, or otherwise, to one person over another. Every common carrier of passengers by railroad, or by vessel plying upon waters lying wholly within this state, shall establish a schedule time for the starting of trains or vessels from their respective stations or wharves, of which public notice shall be given, and shall, weather permitting, except in case of accident or detention caused by connecting lines, start their said trains or vessel at or within ten minutes after the schedule time so established and notice given, under a penalty of two hundred and fifty dollars for each neglect so to do, to be recovered by action before any court of competent jurisdiction, upon complaint filed by the district

attorney of the county in the name of the people, and paid into the common school fund of the said county.

Amended April 2, 1880; amendts. 1880, p. 2.

70 Cal. 178.

Time table for railroads: Civ. C. § 481; see, also, Civ. C. §§ 2172 and 2196.

What preferences he must give.

2171. A common carrier must always give a preference in time, and may give a preference in price, to the United States and to this state.

Enacted March 21, 1872.

Starting.

§ 2172. A common carrier must start at such time and place as he announces to the public, unless detained by accident or the elements, or in order to connect with carriers on other lines of travel.

Amended March 30, 1874; amendts. 1873-4, p. 249.

See, also, Civ. C. §§ 481, 2170, and 2196.

Compensation.

§ 2173. A common carrier is entitled to a reasonable compensation and no more, which he may require to be paid in advance. If payment thereof is refused, he may refuse to carry. Enacted March 21, 1872.

Lien on luggage of passenger: Civ. C. § 2191.

Obligations of carrier altered only by agreement.

§ 2174. The obligations of a common carrier can not be limited by general notice on his part, but may be limited by special contract.

Amended March 30, 1874; amendts. 1873-4, p. 249.

120 Cal. 158, 159; 151 Cal. 767, 770; 2 Cal. App. 175. See, also, Civ. C. §§ 2176 and 2200.

Certain agreements void.

§ 2175. A common carrier can not be exonerated, by any agreement made in anticipation thereof, from liability for the gross negligence, fraud, or willful wrong of himself or his servants.

Enacted March 21, 1872.

118 Cal. 689, 690, 691, 695; 120 Cal. 158; 131 Cal. 589; 151 Cal. 767, 768, 770, 777.

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