Consignor of valuables to declare their nature.

§ 2200. A common carrier of gold, silver, platina, or precious stones, or of imitations thereof, in a manufactured or unmanufactured state; of timepieces of any description; of negotiable paper or other valuable writings; of pictures, glass, .or chinaware; of statuary, silk, or laces; or of plated ware of any kind, is not liable for more than fifty dollars upon the loss or injury of any one package of such articles, unless he has notice upon his receipt thereof, by mark upon the package or otherwise, of the nature of the freight; nor is such carrier liable upon any package carried for more than the value of the articles named in the receipt or the bill of lading.

Amended March 30, 1874; amendts. 1873-4, p. 251.

84 Cal. 313, 314; 118 Cal. 689.

Delivery of freight beyond usual route.

§ 2201. If a common carrier accepts freight for a place beyond his usual route, he must, unless he stipulates otherwise, deliver it at the end of his route in that direction to some other competent carrier carrying to the place of address, or connected with those who thus carry, and his liability ceases upon making such delivery.

Enacted March 21, 1872.

57 Cal. 463; 101 Cal. 195; 118 Cal. 651.

Proof to be given in case of loss.

§ 2202. If freight addressed to a place beyond the usual route of the common carrier who first received it is lost or injured, he must, within a reasonable time after demand, give satisfactory proof to the consignor that the loss or injury did not occur while it was in his charge, or he will be himself liable therefor.

Enacted March 21, 1872.

Carriers' service, other than carriage and delivery.

§ 2203. In respect to any service rendered by a common carrier about freight, other than its carriage and delivery, his rights and obligations are defined by the titles on deposit and service.

Enacted March 21, 1872.

Sale of perishable property for freight.

§ 2204. If, from any cause other than want of ordinary care and diligence on his part, a common carrier is unable to deliver perishable property transported by him, and collect his charges

thereon, he may cause the property to be sold in open market, to satisfy his lien for freightage.

Enacted March 30, 1874; amendts. 1873-4, p. 251.

ARTICLE IV.

Common Carriers of Messages.

(Telephone and Telegraph corporations: See, also, Civ. C. §§ 536 to 540.)

SEC. 2207.

2208.
2209.

Order of transmission of telegraphic messages.
Order in other cases.

Damages when message is refused or postponed.

Order of transmission of telegraphic messages.

§ 2207. A carrier of messages by telegraph must, if it is practicable, transmit every such message immediately upon its receipt. But if this is not practicable, and several messages accumulate upon his hands, he must transmit them in the following order:

1. Messages from public agents of the United States or of this state, on public business;

2. Messages intended in good faith for immediate publication in newspapers, and not for any secret use;

3. Messages giving information relating to the sickness or death of any person;

4. Other messages in the order in which they were received. Enacted March 21, 1872.

Neglect: See Pen. C. § 638.

Order in other cases.

§ 2208. A common carrier of messages, otherwise than by telegraph, must transmit messages in the order in which he receives them, except messages from agents of the United States or of this state, on public business, to which he must always give priority. But he may fix upon certain times for the simultaneous transmission of messages previously received. Enacted March 21, 1872.

Damages when message is refused or postponed.

§ 2209. Every person whose message is refused or postponed, contrary to the provisions of this chapter, is entitled to recover from the carrier his actual damages, and fifty dollars in addition thereto.

Enacted March 21, 1872.

POLITICAL CODE.

PORTIONS RELATING TO PRIVATE CORPORATIONS.

SEC. 10. 11.

Holidays.

Same.

PRELIMINARY PROVISIONS.

17. Words and terms used in the Political Code, definition of.

Holidays.

§ 10. Holidays, within the meaning of this code, are every Sunday, the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the ninth day of September, the first Monday in September, the twelfth day of October to be known as "Discovery Day," the twenty-fifth day of December, every day in which an election is held throughout the state, and every day appointed by the president of the United States or by the governor of this state for a public fast, thanksgiving or holiday. If the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the ninth day of September, the twelfth day of October or the twenty-fifth day of December fall upon a Sunday, the Monday following is a holiday. Every Saturday from twelve o'clock noon until twelve o'clock midnight is a holiday as regards the transaction of business in the public offices of the state, and also in political divisions thereof where laws, ordinances or charters provide that public offices may be closed on holidays; provided, this shall not be construed to prevent or invalidate the issuance, filing, service, execution or recording of any legal process or written instrument whatever on such Saturday afternoons. Amended February 19, 1909; stats. 1909, p. 23; in effect in sixty days.

147 Cal. 776.

Similar provisions: Civ. C. §7; Code Civ. Proc. § 10.
See, also, "Holidays," statutes at large, Appendix.

Same.

§ 11. If the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the ninth day of September, the twelfth day of October or the twenty-fifth day of December fall upon a Sunday, the Monday following is a holiday.

Amended February 19, 1909; stats. 1909, p. 24; in effect in sixty days.

Words and terms used in the Political Code, definition of.

§ 17. Words used in this code in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular; the word "person" includes a corporation as well as a natural person; writing includes printing and typewriting; oath includes affirmation or declaration; every mode of oral statement under oath or affirmation is embraced by the term "testify," and every written one in the term "depose"; signature or subscription includes mark, when the person can not write, his name being written near it by a person who writes his own name as a witness; provided, that when a signature is made by a mark it must, in order that the same may be acknowledged or serve as a signature to any sworn statement, be witnessed by two persons who must subscribe their own names as witnesses thereto.

The following words, also, have in this code the signification attached to them in this section, unless otherwise apparent from the context:

One-The word "property" includes both real and personal property;

Two-The words "real property" are coextensive with lands, tenements and hereditaments;

Three-The words "personal property" include money, goods, chattels, things in action, and evidences of debt;

Four-The word "month" means a calendar month, unless otherwise expressed;

Five-The word "will" includes codicil;

Six-The word "writ" signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer; and the word "process" a writ or summons issued in the course of judicial proceedings;

Seven-The word "vessel," when used with reference to shipping, includes ships of all kinds, steamboats, and steamships, canal boats, barges, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons;

Eight-The term "peace officer" signifies any one of the officers mentioned in section eight hundred and seventeen of the Penal Code;

Nine-The term "magistrate" signifies any one of the officers mentioned in section eight hundred and eight of the Penal Code; Ten-The word "state," when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the district and territories.

Eleven-The word "section," whenever used in this code, refers to a section of this code, unless some other code or statute is expressly mentioned.

Amended March 18, 1905; stats. 1905, p. 129.

54 Cal. 35; 62 Cal. 116; 92 Cal. 614.

Similar provisions: Civ. C. § 14; Code Civ. Proc. § 17; Pen. C. § 7.

§ 380. In addition to those prescribed by the constitution, the governor has the power and must perform the duties prescribed in this and the following sections: