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5. To convey, partition, divide, distribute or allot real property in accordance with the instrument creating the trust, subject to the limitations of the same title. 1913–438.

858. Where a power to sell real property is given to a mortgagee, or other encumbrancer, in an instrument intended to secure the payment of money, the power is to be deemed a part of the security. and vests in any person who, by assignment, becomes entitled to the money so secured to be paid, and may be executed by him whenever the assignment is duly acknowledged and recorded 1873—222.

859. Where a trust is created to receive the rents and profits of real property, and no valid direction for accumulation is given, the surplus of such rents and profits, beyond the sum that may be necessary for the education and support of the person for whose

5 cred ted. is liable to the claims of the creditors of such person, in the same manner as personal property which cannot be reached by execution.

hen

860. Where a power is vested in several persons, all must unite in its execution; but, in case any one or more of them is dead, the power may be executed by the survivor or survivors, unless otherwise prescribed by the terms of the power. 1873—222.

863. , Except as hereinafter otherwise provided, every express trust in real property, valid as such in its creation, vests the whole estate in the trustees, subject only to the execution of the trust. The beneficiaries take no estate or interest in the property, but may enforce the performance of the trust.

864. Notwithstanding anything continued in the last section, the author of a trust may, in its creation, prescribe to whom the real property to which the trust relates shall belong, in the event of the failure or termination of the trust, and may transfer or devise such property, subject to the execution of the trust.

865. The grantee or devisee of real property subject to a trust acquires a legal estate in the property, as against all persons except the trustees and those lawfully claiming under them.

866. Where an express trust is created in relation to real property, every estate not embraced in the trust, and not otherwise disposed of. is left in the author of the trust or his successors.

867. The beneficiary of a trust for the receipt of the rents and profits of real property, or for the payment of an annuity out of such rents and profits, may be restrained from disposing of his interest in such trust, during his life or for a term of years, by the instrument creating the trust. 1873—223.

869. Where an express trust is created in relation to real property, but is not contained or declared in the grant to the trustee, or in an instrument signed by him, and recorded in the same office with the grant to the trustee, such grant must be deemed absolute in favor of purchasers from such trustee without notice, and for a valuable consideration. 1873—223.

869a. Whenever a conveyance of real estate, or any interest therein, has been or hereafter is made to a person or persons in trust, or (a) where such person is designated “trustee” or “as trustee,” or (b) where such persons are designated “trustees” or “as trustees,” and regardless of whether a joint tenancy or right of survivorship as between such persons is expressed or not, then, if no beneficiary be indicated or named in said conveyance, it shall be presumed that the grantee, or grantees, as the case may be, holds or hold, the title to the estate, or interest therein, absolutely in his or their own individual right and free from any trust, and a conveyance executed by such grantee or grantees, whether purporting to be the act of such grantee or grantees in his or their individual right, or in his or their capacity as trustee or trustees, shall prima facie convey such title or interest to his or their grantee or grantees. As to such conveyance last mentioned, such presumption shall be and become conclusive as to such undisclosed beneficiary, and the original grantor or trustor and anyone claiming under them in favor of a purchaser or encumbrancer in good faith and for a valuable consideration upon the filing of such conveyance last mentioned for record in the office of the recorder of the county wherein the land affected thereby is situated; provided, however, that as to such conveyances so filed for record prior to the taking effect of this act, such presumption shall not become conclusive except in favor of a purchaser or encumbrancer in good faith and for a valuable consideration until one year after the taking effect of this act when it shall become conclusive without any qualification whatsoever and no action to avoid or impugn any such conveyance last mentioned shall be commenced after the time when such presumption becomes conclusive as hereinbefore provided; and further provided, that nothing herein contained shall be construed as depriving such original grantor or trustor or undisclosed beneficiary, or any one claiming under them, from commencing and maintaining actions other than actions affecting the land the subject of such conveyances. 1923.

870. Where a trust in relation to real property is expressed in the instrument creating the estate every transfer or other act of the trustees, in contravention of the trust, is absolutely void.

871. When the purpose for which an express trust was created ceases, the estate of the trustee also ceases.

PART III.
PERSONAL OR MOVABLE PROPERTY.
Title I. Personal Property in General.

II. Particular Kinds of Personal Property.

TITLE I.

Personal Property in General.

Section

946. By what law governed.

946. If there is no law to the contrary, in the place where personal property is situated, it is deemed to follow the person of its owner, and is governed by the law of his domicile. 1875—78.

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.

CHAPTER I.

Things in Action.

Section

953. Things in action defined. 954. Transfer and survivorship.

Section

955. Wage assignment generally.

953. A thing in action is a right to recover money or other personal property by a judicial proceeding. 1873—223.

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.

955. No assignment of, or order for wages or salary shall be valid unless made in writing by the person by whom the said wages or salary are earned and no assignment of, or order for, wages or salary made by a married person shall be valid unless the written consent of the husband or wife of the person making such assignment or order is attached to such assignment or order; and no assignment or order for wages or salary of a minor shall be valid unless the written consent of a parent or the guardian of such minor is attached to such order or assignment. No assignment of, or order for, wages or salary shall be valid unless at the time of the making thereof. such wages or salary have been earned, except for the necessities of life and then only to the person or persons furnishing such necessities of life directly and then only for the amount needed to furnish such necessities. Any power of attorney to assign or collect wages or salary shall be revocable at any time by the maker thereof. 1913— 537.

CHAPTER II.

Shipping.

Article I. General Provisions.

II. Rules of Navigation.

ARTICLE I.
General Provisions.

Section

Section 960. Definition of a ship.

963. Foreign and domestic ships 961. Appurtenances and equip distinguished. ments.

964. Several owners. 962. Foreign and domestic navi- 965. Owner for voyage. gation.

966. Registry, etc.

960. The term “ship or shipping,” when used in this code, includes steamboats, sailing vessels, canal-boats, barges, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons. 1873-224.

961. All things, belonging to the owners, which 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 appurtenances.

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 called a foreign ship.

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.

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.

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

ARTICLE II.

Rules of Navigation. Section

Section 970. Navigation rules generally. 972. Breach of such rules to im. 971. Collision from breach of ply willful default. rules.

973. Loss, how apportioned. 970. In the case of ships 'meeting, the following rules must be observed, in addition to those prescribed by that part of the Political Code which relates to navigation:

1. Whenever any ship, whether a steamer or sailing ship, proceeding in one direction, meets another ship, whether a steamer or a 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 keep such ships under command;

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 regulations for the government of pilots of steamers approaching each other within the sound of the stea

istle, or by the regulations concerning lights upon steamers. prescribed by or under authority of the laws of the United States. 1905—600.

971. If it appears that a collision was occasioned by failure to observe any rule of the foregoing section, the owner of the ship by which such rule is infringed cannot recover compensation for damages sustained by the ship in such collision, unless it appears that the circumstances of the case made a departure from the rule necessary.

972. Damage to person or property arising from the failure of a ship to observe any rule of section nine hundred and seventy, must be deemed to have been occasioned by the willful default of the person in charge of the deck of such ship at the time, unless it appears that the circumstances of the case made a departure from the rule necessary. .

973. Losses caused by collision are to be borne as follows:

1. If either party was exclusively in fault he must bear his own loss, and compensate the other for any loss he has sustained;

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