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of the debt after deducting the value of such mortgage, pledge, or lien, to be ascertained by agreement between him and the assignee, or by a sale thereof, to be made in such manner as the superior court of the county in which the assignment is made shall direct; or the creditor may release or convey his claim to the assignee upon such property, and be admitted to prove his whole debt. If the value of the property exceeds the sum for which it is so held as security, the assignee may release to the creditor the debtor's right of redemption thereon on receiving such excess; or he may sell the property, subject to the claim of the creditor thereon; and in either case the assignee and creditor, respectively, shall execute all deeds and writings necessary or proper to consummate the transaction. If the property is not sold or released, and delivered up, the creditor shall not be allowed to prove any part of his debt. 1895-84.

3469. After six months from the date of an assignment for the benefit of creditors, the assignee may be required, on the petition of any creditor, to account before the superior court of the county where the accompanying inventory was filed in the manner prescribed by the insolvent laws of this state. 1883–3.

3470. Property exempt from execution, an insurance upon the life of the assignor, do not pass to the assignee by a general assignment for the benefit of creditors, unless the instrument specially mentions them, and declares an intention that they should pass thereby.

3471. The elected assignee or assignees for the benefit of creditors shall be entitled to the same commissions on assignments heretofore and hereafter made as are allowed by law to the assignees in insolvency, and the assignment cannot grant more. Such assignee or assignees shall also be entitled to all necessary expenses in the management of their trust. 1889-84.

3472. An assignee for the benefit of creditors is not to be held liable for his acts, done in good faith, in the execution of the trust, merely for the reason that the assignment is afterward adjudged void.

3473. An assignment for the benefit of creditors which has been executed and recorded so as to transfer the property to the sheriff, or a transfer by the sheriff to the elected assignee or assignees which has been executed and recorded, cannot afterwards be modified or canceled by the parties without the consent of the assignor and of every creditor affected thereby. 1889–84.

PART III.

NUISANCE.
TITLE I. GENERAL PRINCIPLES.

II. PUBLIC NUISANCES.
III. PRIVATE NUISANCES.

TITLE I.

General Principles.

Section

3479. Nuisance, what. 3480. Public nuisance. 3481. Private nuisance.

Section

3482. What not nuisance.
3483. Successive owners.
3484. Abatement, not preclude

action.

3479. Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance. 1873–268.

3480. A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. 1873–268.

3481. Every nuisance not included in the definition of the last section is private.

3482. Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance.

3483. Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of, such property, created by a former owner, is liable therefor in the same manner as the one who first created it.

3484. The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence.

TITLE II.

Public Nuisances. Section

Section 3490. Lapse time does not legal. 3493. Remedies for public nuisize.

ance. 3491. Abatement.

3494. Action. 3492. Regulated, Penal Code. 3495. Private person injured may

abate.

3490. No lapse of time can legalize a public nuisance, amounting to an actual obstruction of public right.

3491. The remedies against a public nuisance are:
1. Indictment or information;
2. A civil action; or,
3. Abatement. 1880—1

3492. The remedy by indictment or information is regulated by the Penal Code. 1880—1.

3493. A private person may maintain an action for a public nuisance, if it is specially injurious to himself, but not otherwise.

3494. A public nuisance may be abated by any public body or officer authorized thereto by law.

3495. Any person may abate a public nuisance which is specially injurious to him by removing, or, if necessary, destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury.

TITLE III.

Private Nuisances.

Section

Section · 3501. Remedies for private nuis. 3502. Abatement, when allowed. ance.

3503. When notice is required. 3501. The remedies against a private nuisance are: 1. A civil action; or, 2. Abatement.

3502. A person injured by a private nuisance may abate it by removing, or, if necessary, destroying the thing which constitutes the nuisance, without committing a breach of the peace, or doing unnecessary injury.

3503. Where a private nuisance results from a mere omission of the wrong-doer, and cannot be abated without entering upon his land, reasonable notice must be given to him before entering to abate it.

PART IV.

MAXIMS OF JURISPRUDENCE. 3509. The maxims of jurisprudence hereinafter set forth are intended not to qualify any of the foregoing provisions of this Code, but to aid in their just application.

3510. When the reason for a rule ceases, so should the rule itself. 3511. Where the reason is the same, the rule should be the same. 3512. One must not change his purpose to the injury of another. 3513. An one may waive the advantage of a law intended solely for his benefit. But a law established for a public reason cannot be contravened by a private agreement.

3514. One must so use his own rights as not to infringe upon the rights of another.

3515. He who consents to an act is not wronged by it. 3516. Acquiescence in error takes away the right of objecting to it. 3517. No one can take advantage of his own wrong.

3518. He who has fraudulently dispossessed himself of a thing may be treated as if he still had possession.

3519. He who can and does not forbid that which is done on his behalf, is deemed to have bidden it..

3520. No one should suffer by the act of another.
3521. He who takes the benefit must bear the burden.

3522. One who grants a thing is presumed to grant also whatever is essential to its use.

3523. For every wrong there is a remedy.

3524, Between those who are equally in the right, or equally in the wrong, the law does not interpose.

3525. Between rights otherwise equal, the earliest is preferred. 3526. No man is responsible for that which no man can control.

3527. The law helps the vigilant, before those who sleep on their rights.

3528. The law respects form less than substance.

3529. That which ought to have been done is to be regarded as done, in favor of him to whom, and against him from whom, performance is due,

3530. That which does not appear to exist is to be regarded as if it did not exist.

3531. The law never requires impossibilities.
3532. The law neither does nor requires idle acts.
3533. The law disregards trifles.
3534. Particular expressions qualify those which are general.
3535. Contemporaneous exposition is in general the best.
3536. The greater contains the less.
3537. Superfluity does not vitiate.
3538. That is certain which can be made certain.
3539. Time does not confirm a void act.

3540. The incident follows the principal, and not the principal the incident.

3541. An interpretation which gives effect is preferred to one which makes void.

3542. Interpretation must be reasonable.

3543. Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer.

IN D E X

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