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provided by law, for using copies of instruments relating to real estate, duly executed or acknowledged or proved and recorded. 1909– 317.

· 1426r. The provisions of this act shall not in any manner be construed as affecting or abolishing any mining district or the rules and regulations thereol within the state of California. 1909-317.

14268. The failure or neglect of any locator of a mining claim to perform development-work of the character, in the manner and within the time required by the laws of the United States, shall disqualify such locators from relocating the ground embraced in the original location or mining claim or any part thereof under the mining laws, within three years after the date of his original location and any attempted relocation thereof by any of the original locators shall render such location void. 1909–317.

DIVISION THIRD.

PART I. OBLIGATIONS IN GENERAL.

II. CONTRACTS.
III. OBLIGATIONS IMPOSED BY LAW.
IV. OBLIGATIONS ARISING FROM PARTICULAR TRANS-

ACTIONS.

PART I.

OBLIGATIONS IN GENERAL,

TITLEI. DEFINITION OF OBLIGATIONS.

II. INTERPRETATION OF OBLIGATIONS.
III. TRANSFER OF OBLIGATIONS.
IV. EXTINCTION OF OBLIGATIONS.

TITLE I.

Definition of Obligations. Section

Section 1427. Obligation, what.

1428. How incurred and enforced. 1427. An obligation is a legal duty, by which a person is bound to do or not to do a certain thing.

1428. An obligation arises either from: One. The contract of the parties; or,

Two. The operation of law. An obligation arising from operation of law many be enforced in the manner provided by law, or by civil action or proceeding. 1873--239.

TITLE II.

Interpretation of Obligations.
Chapter I. General Rules of Interpretation.

II. Joint or Several Obligations.
III. Conditional Obligations.
IV. Alternative Obligations.

CHAPTER I.

General Rules of Interpretation. Section

1429. General rules.

1429. The rules which govern the interpretation of contracts are prescribed by part two of this division.Other obligations are interpreted by the same rules by which statutes of a similar nature are interpreted.

CHAPTER II.

Joint or Several Obligations. Section

Section 1430. Obligations, joint or sev. 1431. When joint. eral, etc.

1432. Contribution, joint parties. 1430. An obligation imposed upon several persons, or a right created in favor of several persons, may bc:

1. Joint;
2. Several; or,
3. Joint and several.

1431. An obligation imposed upon several persons, or a right created in favor of several persons, is presumed to be joint, and not several, except in the special cases mentioned in the title on the interpretation of contracts. This presumption, in the case of a right, can be overcome only by express words to the contrary.

1432. A party to a joint, or joint and several obligations, who satisfies more than his share of the claim against all, may require a proportionate contribution from all the parties joined with him.

CHAPTER III.

Conditional Obligations.

Section
1434. Obligations, when condi-

tional.
1435. Conditions, kinds of.
1436. Conditions, precedent.
1437. Conditions, concurrent.
1438. Conditions, subsequent.

Section
1439. Performance, when essen-
tial.

O
1440. Performance, when excused.
1441. Impossible, unlawful condi-

tions void. 1442. Conditions, forfeiture, how

construed.

1434. An obligation is conditional, when the rights or duties of any party thereto depend upon the occurrence of an uncertain event.

1435. Conditions may be precedent, concurrent, or subsequent.

1436. A condition precedent is one which is to be performed before some right dependent thereon accrues, or some act dependent thereon is performed.

1437. Conditions concurrent are those which are mutually dependent, and are to be performed at the same time.

1438. A condition subsequent is one referring to a future event, upon the happening of which the obligation becomes no longer binding upon the other party, if he chooses to avail himself of the condition.

1439. Before any party to an obligation can require another party to perform any act under it, he must fulfill all conditions precedent thereto imposed upon himself; and must be able and offer to fulfill all conditions concurrent so imposed upon him on the like fulfillment by the other party, except as provided by the next section. 1440. If a party to an obligation gives notice to another, before the

hat he will not perform the same upon his part, and does not retract such notice before the time at which performance upon his part is due, such other party is entitled to enforce the obligation without previously performing or offering to perform any conditions upon his part in favor of the former party.

latter is in de retract such n

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1441. A condition in a contract, the fulfillment of which is impossible or unlawful, within the meaning of the article on the object of contracts, or which is repugnant to the nature of the interest created by the contract, is void.

1442. A condition involving a forfeiture must be strictly interpreted against the party for whose benefit it is created.

CHAPTER IV.

Alternative Obligations.

Section

1448. Right of selection. 1449. Right, how lost.

Section

1450. Alternatives, indivisible. 1451. Nullity, alternative obliga

tions.

1448. If an obligation requires the performance of one of two acts, in the alternative, the party required to perform has the right of selection, unless it is otherwise provided by the terms of the obliga

tion.

1449. If the party having the right of selection between alternative acts does not give notice of his selection to the other party within the time, if any, fixed by the obligation for that purpose, or, if none is so fixed, before the time at which the obligation ought to be performed, the right of selection passes to the other party.

1450. The party having the right of selection between alternative acts must select one of them in its entirety, and cannot select part of one and part of another without the consent of the other party.

1451. If one of the alternative acts required by an obligation is such as the law will not enforce, or becomes unlawful, or impossible of performance, the obligation is to be interpreted as though the other stood alone.

TITLE III.

Transfer of Obligations.

Section

Section 1457. Burdens not transferable. 1463. Same. 1458. Rights transferable.

1464. Covenants with land. As1459. Non-negotiable instruments signs named. may be transferred.

1465. Who bound by covenants. 1460. Covenants running with 1466. Who are not. land.

1467. Apportionment of coven1461. What covenants run with

ants, land.

1468. Transfer obligations. Land 1462. Same.

covenants.

1457. The burden of an obligation may be transferred with the consent of the party entitled to its benefit, but not otherwise, except as provided by section fourteen hundred and sixty-six.

1458. A right arising out of an obligation is the property of the person to whom it is due, and may be transferred as such.

1459. A non-negotiable written contract for the payment of money or personal property may be transferred by indorsement, in like manner with negotiable instruments. Such indorsement shall transfer all the rights of the assignor under the instrument to the assignee, subject to all equities and defenses existing in favor of the maker at the time of the indorsement.

1460. Certain covenants, contained in grants of estates in real property, are appurtenant to such estates, and pass with them, so as to bind the assigns of the covenantor and to vest in the assigns of the covenantee, in the same manner as if they had personally entered into them. Such covenants are said to run with the land.

1461. The only covenants which run with the land are those specified in this title, and those which are incidental thereto.

1462. Every covenant contained in a grant of an estate in real property, which is made for the direct benefit of the property, or some part of it then in existence, runs with the land.

1463. The last section includes covenants "of warranty”, “for quiet enjoyment,” or for further assurance on the part of a grantor, and covenants for the payment of rent, or of taxes or assessments upon the land, on the part of a grantee.

1464. A covenant for the addition of some new thing to real property, or for the direct benefit of some part of the property not then in existence or annexed thereto, when contained in a grant of an estate in such property, and made by the covenantor expressly for his assigns or to the assigns of the covenantee, runs with land so far only as the assigns thus mentioned are concerned.

1465. A covenant running with the land binds those only who acquire the whole estate of the covenantor in some part of the property.

1466. No one, merely by reason of having acquired an estate subject to a covenant running with the land, is liable for a breach of the covenant before he acquired the estate, or after he has parted with it or ceased to enjoy its benefits.

1467. Where several persons, holding by several titles, are subject to the burden or entitled to the benefit of a covenant running with the land, it must be apportioned among them according to the value of the property subject to it held by them respectively, if such value can be ascertained, and if not, then according to their respective interests in point of quantity.

1468. A covenant made by the owner of land with the owner of other land to do or refrain from doing some act on his own land, which doing or refraining is expressed to be for the benefit of the land of the covenantee, and which is made by the covenantor expressly for his assigns or to the assigns of the covenantee, runs with both of such parcels of land. 1905-610.

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