notice that such real property, and any interest of the defendant therein, held by or standing in the name of such other person (naming him), are attached; and by leaving with the occupant, if any, and with such other person, or his agent, if known and within the county, or at the residence of either, if within the county, a copy of the writ, with a similar description and notice. If there is no occupant of the property, a copy of the writ, together with such description and notice, must be posted in a conspicuous place upon the property. The recorder must index such attachment when filed, in the names, both of the defendant and of the person by whom the property is held or in whose name it stands on the records. 3. Personal property, capable of manual delivery, must be attached by taking it into custody. 4. Stocks or shares, or interest in stocks or shares, of any corporation or company, must be attached by leaving with the president, or other head of the same, or the secretary, cashier, or other managing agent thereof, a copy of the writ, and a notice stating that the stock or interest of the defendant is attached, in pursuance of such writ. 5. Debts and credits and other personal property, not capable of manual delivery, must be attached by leaving with the person owing such debts, or having in his possession, or under his control, such credits and other personal property, or with his agent, a copy of the writ, and a notice that the debts owing by him to the defendant, or the credits and other personal property in his possession, or under his control, belonging to the defendant, are attached in pursuance of such writ, except in the case of attachment of growing crops, a copy of the writ, together with a description of the property attached, and a notice that it is attached, shall be recorded the same as in the attachment of real property. Amended March 16, 1903; stats. 1903, p. 167. 54 Cal. 342; 57 Cal. 195, 256; 65 Cal. 303; 77 Cal. 655; 90 Cal. 568; 95 Cal. 531; 96 Cal. 267; 101 Cal. 227; 103 Cal. 655; 111 Cal. 235, 238; 119 Cal. 198; 121 Cal. 351; 138 Cal. 194; 146 Cal. 742; 151 Cal. 71; 1 Cal. App. 482; VIII Cal. App. Dec. 366. Sales on execution: See Code Civ. Proc. § 688. CHAPTER V. RECEIVERS. SEC. 564. Appointment of receiver. 565. Appointment of receivers upon dissolution of corporations. Appointment of receiver. § 564. A receiver may be appointed by the court in which an action is pending, or by the judge thereof: 1. In an action by a vendor to vacate a fraudulent purchase of property, or by a creditor to subject any property or fund to his claim, or between partners or others jointly owning or interested in any property or fund, on the application of the plaintiff, or of any party whose right to or interest in the property or fund, or the proceeds thereof, is probable, and where it is shown that the property or fund is in danger of being lost, removed, or materially injured; 2. In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the mortgaged property is in danger of being lost, removed, or materially injured, or that the condition of the mortgage has not been performed, and that the property is probably insufficient to discharge the mortgage debt; 3. After judgment, to carry the judgment into effect; 4. After judgment, to dispose of the property according to the judgment, or to preserve it during the pendency of an appeal, or in proceedings in aid of execution, when an execution has been returned unsatisfied, or when the judgment debtor refuses to apply his property in satisfaction of the judgment; 5. In the cases when a corporation has been dissolved, or is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights; 6. In all other cases where receivers have heretofore been appointed by the usages of courts of equity. Enacted March 11, 1872. 53 Cal. 551; 54 Cal. 287; 55 Cal. 456; 56 Cal. 29, 627; 57 Cal. 522, 624; 60 Cal. 227; 65 Cal. 433; 66 Cal. 615; 72 Cal. 573; 75 Cal. 322; 78 Cal. 358; 84 Cal. 355; 85 Cal. 36; 95 Cal. 276; 98 Cal. 495; 99 Cal. 410; 108 Cal. 435; 110 Cal. 140, 144; 115 Cal. 94, 274; 120 Cal. 618; 121 Cal. 41, 544; 123 Cal. 235; 138 Cal. 238; 152 Cal. 748; 5 Cal. App. 101. Receiver on dissolution of coöperative business association : See Civ. C. § 653j. Appointment of receivers upon dissolution of corporations. § 565. Upon the dissolution of any corporation, the superior court of the county in which the corporation carries on its business, or has its principal place of business, on application of any creditor of the corporation, or of any stockholder or member thereof, may appoint one or more persons to be receivers or trustees of the corporation, to take charge of the estate and effects thereof, and to collect the debts and property due and belonging to the corporation, and to pay the outstanding debts thereof, and to divide the moneys and other property that shall remain over, among the stockholders or members. Amended March 9, 1880; amendts. 1880, p. 4. 84 Cal. 366; 100 Cal. 119; 101 Cal. 148; 108 Cal. 435; 129 Cal. 631. Involuntary dissolution: See Civ. C. § 400. Voluntary dissolution: Code Civ. Proc. § 1227 et seq. TITLE IX. · Of the Execution of the Judgment in Civil Actions. CHAPTER I. THE EXECUTION. SEC. 688. What shall be liable to be seized in execution. Not to be affected till a levy is made. What shall be liable to be seized in execution-Not to be affected till a levy is made. § 688. All goods, chattels, moneys, and other property, both real and personal, or any interest therein, of the judgment debtor, not exempt by law, and all property and rights of property seized and held under attachment in the action, are liable to execution. Shares and interests in any corporation or com pany, and debts and credits, and all other property, both real and personal, or any interest in either real or personal property, and all other property not capable of manual delivery, may be levied upon or released from levy in like manner as like property may be attached or released from attachment. Gold dust must be returned by the officer as so [much] money collected at its current value, without exposing the same to sale. Until a levy, property is not affected by the execution. Amended March 19, 1907; stats. 1907, p. 683. 52 Cal. 331; 54 Cal. 342; 57 Cal. 522; 58 Cal. 375; 65 Cal. 302; 72 Cal. 70; 77 Cal. 655; 94 Cal. 221; 99 Cal. 165; 100 Cal. 327; 101 Cal. 227; 118 Cal. 101; 119 Cal. 194; 122 Cal. 97; 131 Cal. 89; 133 Cal. 317; 138 Cal. 194; 146 Cal. 742; XXXVII Cal. Dec. 210, 211. NOTE. § 688. The amendment consists in substituting the words "levied upon or released" for the word "attached," thus providing a mode of releasing a levy of execution. It adopts the method proposed for the release of attachments by section 560. Property exempt from execution: See § 690. Coöperative business associations: See Civ. C. § 653f. Sale of franchises under execution: See Civ. C. §§ 388-393. What exempt from execution. § 690. The following property is exempt from execution or attachment, except as herein otherwise specially provided: 11. The shares held by a member of a homestead association duly incorporated, not exceeding in value one thousand dollars if the person holding the shares is not the owner of a homestead under the laws of this state; 18. All moneys, benefits, privileges, or immunities accruing or in any manner growing out of any life insurance, if the annual premiums paid do not exceed five hundred dollars, and if they exceed that sum a like exemption shall exist which shall bear the same proportion to the moneys, benefits, privileges, and immunities so accruing or growing out of such insurance that said five hundred dollars bears to the whole annual premiums paid; 19. Shares of stock in any building and loan association to the value of one thousand dollars; No article, however, or species of property inentioned in this section is exempt from execution issued upon a judgment recovered for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon. Amended March 22, 1907; stats. 1907, p. 882. 62 Cal. 400, 406; 64 Cal. 291; 72 Cal. 244; 77 Cal. 195, 404; 90 Cal. 546; 99 Cal. 203; 102 Cal. 536; 122 Cal. 439; 145 Cal. 778; 2 Cal. App. 232, 487, 490; 3 Cal. App. 655. Building and loan corporation, exemption: See Civ. C. § 643. Contract, mutual assessment, exemption of moneys: See Civ. C. § 453k. TITLE X. Actions in Particular Cases. CHAPTER V. ACTIONS FOR THE USURPATION OF AN OFFICE OR SEC. 803. Action may be brought against party usurping, etc., any office or franchise. Action may be brought against party usurping, etc., any office or franchise. § 803. An action may be brought by the attorney general, in the name of the people of this state, upon his own information, or upon a complaint of a private party, against any person who usurps, intrudes into, or unlawfully holds or exercises any public office, civil or military, or any franchise, or against any corporation, either de jure or de facto, which usurps, intrudes into, or unlawfully holds or exercises any franchise, within this state. And the attorney general must bring the action, whenever he has reason to believe that any such office or franchise |