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Transfer of Personal Property.
Article I. Mode of Transfer.
II. What Operates as a Transfer.
Mode of Transfer.
Section 1135. When must be in writing. 1136. Transfer by sale, etc.
1135. An interest in a ship, or in an existing trust, can be transferred only by operation of law, or by a written instrument, subscribed by the person making the transfer, or by his agent.
1136. The mode of transferring other personal property by sale is regulated by the title on that subject, in division third of this code.
What Operates as a Transfer. Section
Section 1140. Transfer of title under sale. 1142. When buyer acquires bet1141. Transfer under execution
ter title than seller has. agreement.
1140. The title to personal property, sold or exchanged, passes to the buyer whenever the parties agree upon a present transfer, and the thing itself is identified, whether it is separated from other things or not.
1141. Title is transferred by an executory agreement for the sale or exchange of personal property only when the buyer has accepted the thing, or when the seller has completed it, prepared it for delivery, and offered it to the buyer, with intent to transfer the title thereto, in the manner prescribed by the chapter upon offer of performance,
1142. Where the possession of personal property, together with a power to dispose thereof, is transferred by its owner to another person, an executed sale by the latter, while in possession, to a buyer in good faith and in the ordinary course of business, for value, transfers to such buyer the title of the former owner, though he may be entitled to rescind, and does rescind the transfer made by him.
1146. Gifts defined.
view of death.
1151. Revocation, death bed gift. 1152. Effect of will upon gift. 1153. When treated as legacy.
1146. A gift is a transfer of personal property, made voluntarily, and without consideration.
1147. A verbal gift is not valid, unless the means of obtaining possession and control of the thing are given, nor, if it is capable of delivery, unless there is an actual or symbolical delivery of the thing to the donee.
1148. A gift, other than a gift in view of death, cannot be revoked by the giver.
1149. A gift in view of death is one which is made in contemplation, fear, or peril of death, and with intent that it shall take effect only in case of the death of the giver.
1150. A gift made during the last illness of the giver, or under circumstances which would naturally impress him with an expectation of speedy death, is presumed to be a gift in view of death.
.. 1151. A gift in view of death may be revoked by the giver at any time, and is revoked by his recovery from the illness, or escape from the peril, under the presence of which it was made, or by the occurrence of any event which would operate as a revocation of a will made at the same time, but when the gift has been delivered to the donee, the rights of a bona fide purchaser from the donee before the revocation, shall not be affected by the revocation. 1873—226.
1152. A gift in view of death is not affected by a previous will; nor by a subsequent will, unless it expresses an intention to revoke
1153. A gift in view of death must be treated as a legacy, so far as relates only to the creditors of the giver.
Recording Transfers of Real Property.
II. Mode of Recording.
What May Be Recorded. Section
Section 1158. What may be recorded. 1162. Same. 1159. Judgment without acknow- 1163. Residence certificate, etc. ledgment.
1164. Transfers in trust, etc. 1160. Letters patent. Same. 1165. Recorder fees noted. 1161. Acknowledgment person,
1158. Any instrument or judgment affecting the title to or possession of real property may be recorded under this chapter: provided, however, that deeds or grants conveying to a political corporation or governmental agency real estate, or any interest therein, or easements thereon, for public purposes shall not be accepted for recordation without the consent of the grantee evidenced by its resolution of acceptance attached to such deed or grant. 1921–143.
1159. Judgments affecting the title to or possession of real property, authenticated by the certificate of the clerk of the court in which such judgments were rendered (and notices of location of mining claims), may be recorded without acknowledgment, certificate of
or further proof. The record of all notices of location of mining claims heretofore made in the proper office without acknowledgment, or certificate of acknowledgment, or other proof, shall have the same force and effect for all purposes as if the same had been duly acknowledged, or proved and certified as required by law. Affidavits showing work or posting of notices upon mining claims may also be recorded in the recorder's office of the county where such mining claims are situated. 1897—97.
1160. Letters patent from the United States, or from the state of California, executed and authenticated pursuant to existing law, may be recorded without acknowledgment or further proof, and where letters patent have been lost, or are beyond the control of any party deraigning title therefrom, or for any reason they remain unrecorded, any person claiming title thereunder may cause a transcript of the copy of such letters patent kept by the government issuing the same, duly certified by the officer or individual having lawful custody of such copy, to be recorded in lieu of the original; and such recorded copy shall have, prima facie, the same force and effect as the original, for title or for evidence, until said original letters patent be recorded. 1877–85.
1161. Before an instrument can be recorded, unless it belongs to the class provided for in either section eleven hundred and fiftynine, 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. 1905—602.
1162. An instrument proved and certified pursuant to sections eleven hundred and ninety-eight and eleven hundred and ninetynine may be recorded in the proper office if the original is at the
same time deposited therein to remain for public inspection, but not otherwise.
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. 1905—139.
1164. Transfers of property in trust for the benefit of creditors, and transfers or liens on property by way of mortgage, are required to be recorded in the cases specified in the titles on the special relation of debtor and creditor, and the chapter on mortgages, respectively.
1165. The recorder must, in all cases, indorse the amount of his fee for recordation on the instrument recorded. 1873–274.
Mode of Recording. Section
Section 1169. In what office.
1171. Books of record. 1170. Instruments, when deemed 1172. Duties of recorder. recorded.
1173. Transfer of vessels.
1169. Instruments entitled to be recorded must be recorded by the county recorder of the county in which the real property affected thereby is situated.
1170. An instrument is deemed to be recorded when, being duly acknowledged or proved and certified, it is deposited in the recorder's office, with the proper officer, for record. 1873—226.
1171. Grants, absolute in terms, are to be recorded in one set of books, and mortgages in another.
1172. The duties of county recorders, in respect to recording instruments, are prescribed by the Political Code.
1173. The mode of recording transfers of ships registered under the laws of the United States is regulated by acts of Congress.
Section 1180. Parties qualified to take 1194. Justices authority, certain acknowledgment.
cases. 1181. Same, individual parties 1195. Proof execution. generally.
1196. Witness personally known. 1182. Taken without state.
1197. Evidence, witness. 1183. Proof, foreign countries. 1198. Handwriting generally. 1184. Deputies authorized.
1199. Proving handwriting. 1185. Acknowledgments gener 1200. Certificate. ally.
1201. Officers generally. 1187. Married womans convey. 1202. Improper certificate, corance.
rection. 1188. Certificate endorsed.
1203. Instruments, how proved. 1189. Form for out of state. 1204. Judgment. 1190. Form, corporation.
1205. Conveyances governed how. 1192. Form, attorney en fact. 1206. Recording, existing laws. 1193. Signatures of officers. 1207. Validation of defects.
1180. The proof or acknowledgment of an instrument may be made at any place within this state before a justice or clerk of the supreme court or judge of a superior court. 1880—2.
1181. The proof or acknowledgment of an instrument may be made in this state, within the city, county, city and county, township or district for which the officer was elected, or appointed, before either:
1. A clerk of a court of record;
1182. The proof or acknowledgment of an instrument may be made without this state, but within the United States, and within the jurisdiction of the officer, before either;
1. A justice, judge, or clerk of any court of record of the United States; or,
2. A justice, judge, or clerk of any court of record of any state;
3. A commissioner appointed by the governor of this state for that purpose; or,
4. A notary public; or,
5. Any other officer of the state where the acknowledgment is made authorized by its laws to take such proof or acknowledgment.
1183. The proof or acknowledgment of an instrument may be made without the United States, before either:
One. A minister, commissioner, or charge d'affaires of the United States, resident and accredited in the country where the proof or acknowledgment is made; or,
Two. A consul, vice-consul, or consular agent of the United States, resident in the country where the proof or acknowledgment is made; or,