(continued)

removal of mortgage from county, effect

of, 1256.

sale of property mortgaged, larceny
when, 2387.

second mortgage, 3003.

strict compliance with statute necessary,

1257.

what constitutes, 3004.

MORTGAGE OF REAL PROPERTY. See
tit. Mortgage.

as to generally, 2999.

as to what is, general annotation, 1247.
absolute deed as a, 1248.

assignment of and duty of assignee,

1248.

consideration, 2999.

decree of, right of possession, 1249.
deed absolute, mortgage when, 1252, 2999.

action to declare mortgage, 2999.
deed of trust, 1254.
extinguishment of, 1248.

foreclosure of. See tit. Foreclosure of
Mortgage.

as to generally, 1249.

complaint in, sufficiency of, 1249, 3001.
improvements by lessee, 1250.
mortgagee in possession, 3001.
necessity for written obligation, 1250.
negotiable note secured by, 3002.
power of sale, extinguishment, 1250.
power to mortgage, 1250.
prior unrecorded deed, 3002.

priority of mechanic's lienholder, 1251.
purchaser, rights of, 1251.

receiver upon foreclosure of, 1251.

redemption, laches, and excuses, 1251,
3001.

reimbursement upon foreclosure, 1251.
release of portion of property, foreclos-
ure, 3002.

renewal of promissory note and mort-

gage, 1252.

rights of grantor in trust deed, 3002.

rights of purchaser, 1251.

right to receiver upon foreclosure of,

1251.

satisfaction of, 1254.

statute of limitations, 3002.

quieting title, 3002.

statute of limitations, estoppel to plead,

1251.

when collector pleaded, 1251.
sufficiency of, 1249.

tinued)

suit on debt alone, 3002.

taking new and independent security,
3003.

MORTGAGE AND LEASE OF REAL ES-
TATE (of decedent, etc.)

as to generally, 1893.

proceedings to obtain order for leasing,
1896.

proceedings to obtain order for mortgag-
ing, 1893.

proceedings to obtain order for sale of,
1896.

proceedings to obtain order for sale or
lease of mining property, 1897.

MORTGAGED PERSONALTY

sale of, larceny, when, 3264.
MORTGAGEE

assignment to of things insured, effect,
1234.

MOTION

for change of place of trial, 1711.
for new trial. See tit. New Trial.
notice of, at what time to be given, 1710.
to postpone for absence of testimony,

1530.

as to requisites of, 1530.
annotation, 1531.

to vacate or modify injunction, 1498.
MOTORCYCLE. See tit. Automobile Driver.
franchise for to be regulated by board of
supervisors, 550.

MOTOR VEHICLE ACT

constitutionality of, 2387.

MUNICIPAL CORPORATIONS

annotation, in general, 810, 2794-2813,
3770.

San Francisco, 815, 2800.

weights and measures, 815.

assessment districts, boundaries of, 2795.
bond election, ballots, 2795.
curative act, 2803, 2808.

bond of contractor

as to generally, 2795.

constitutionality of statute, 2795.
enforcement of, 2795.

charter provisions, 2796.

civil service examination, fire depart-
ment, 2796.

claims against city, limitation of action,
2796.

closing streets, rights of abutting own-

ers, 2796.

common council, powers of, 815.

2796.

contract for public work

as to validity of, 2796.

performance and compensation, 2797.
liability of municipality for injuries to
workman, 2797.

lowest bidder, 2797.

contract with water company for supply
of water for term of years, 2798.
enforcement of contracts, 2798.
regulation of rates, 2799.
damage to abutting owners, 2800.

election and terms of office, in San Fran-
cisco, 2800.

employment of detectives by district at-

torney, in San Francisco, 2800.
estoppel against municipality, 2800.
formation and incorporation of, 2800.
freeholders' charter, power of legislature,
2801.

gas companies

municipal regulation impairing right
to lay pipes, 2801.

occupation of streets, 2801.

payment of percentage to city, 2801.
permit to excavate in street, 2801.
regulation of rates, 2801.

grant of franchise for supplying power,

2802.

improvement of streets, 2804, 2808.

initiative and referendum, time of taking

effect, 2802.

injunction to prevent legislative act of,

1298.

inspector of electricity, salary of, 2802.
issuance of bonds by, curative act, 2803.
operation of water system, rules and reg-
ulations, 2803.

ordinances

construction and effect, 2803.

regulating or forbidding sale of intoxi-

cating liquors, 3248.

requiring permit to erect or remove
shack house, 2803.

requiring railway to pave streets, 2804.
restricting hours of labor, 2804.
violation of, prosecution for, 2811.
paving and improvement of streets, 2804.
petition for adjustment of indebtedness,
1949.

answer to, 1949.

demurrer, 1949.

how amount determined, 1949.

provision as to judgment, 1950.

police officers, mandamus to pay salary
of, 2805.

police powers of, 2805.

powers of common council, 816.
powers of municipality

as to generally, 2805.
police powers of, 2805.

ultra vires acts, 2805.

powers over public utilities, 2805.
public service commission of Los An-
geles, powers of, 2805.

railway franchise, referendum election,
2805.

referendum elections, 2805.
regulation

of brick-making, 2806.

of rates of electric companies, 2806.
of speed of vehicles, 2806.
of stone-crushing, 2806.
responsibility

for injuries in mobs and riots, 818.
for injuries to workmen under contract
for public work, 2797.
sanitary districts, 2807.
street assessments

as to generally, 2807.

action to recover assessment, 2807.
assessment on railway property, 2807.
assessment districts, boundaries, 2895.
enforcement of lien, sale of property,
2808.

street improvement

as to generally, 2804, 2808.
bonds, curative act, 2803, 2808.
certification of warrant, 2808.

contest and appeal, 2809.

contract, its award and assignment,
2809.

exemption of railroad, 2809.
publication of notices, 2809.
resolution of intention, 2809.
several street improvements under one
scheme, 2810.

street widening, 2810.
taxation, suspension of dollar limit, ac-
quisition of public utility, 2810.
transfer of county property to by board
of supervisors, 552.

travelers and pedestrians in streets of,
accidents, 2810.

violation of ordinance of, prosecution for,

2811.

water companies

duty to extend service, 2811.

forfeiture of franchise, overcharge of
rates, 2811.

furnishing water to municipality, 2812.
laying pipes, rates, and regulations,
railway commission, 2812.

overcharge of rates, forfeiture of fran-
chise, 2811.

permission of railroad commission to
sell system, 2813.

railroad commission, authority over,
2812.

rates and regulations, 2812.

shutting off supply, damages and in-
junction, 2813.

MUNICIPAL ELECTIONS
conduct of, 111.

MUNICIPAL FERRY

provisions as to toll-ferries not appli-
cable to, 356.

MUNICIPAL FRANCHISES AND PRIVI-
LEGES

tax on. See tit. Taxes and Taxation.
MUNICIPAL OFFICERS

petition for recall of, 2410.

MUNICIPALITIES. See tits. Municipal

Corporations; Street Railroad Corpora-

tions.

control of telegraph and telephone com-

panies under police power, 944.
liability for negligence in repairing of
streets, 1154.

telephone. See tit. Telegraph and Tele-

phone Corporations.

trustees of may permit two lines of
street railroad to use same tracks,
940.

MUSTER-ROLL

to be made by adjutant-general, 246.
MUTILATION

of United States flag, penalty, 2076.

MUTUAL BENEFIT AND LIFE ASSOCIA.

TIONS

formation of, 925.

MUTUAL INSURANCE COMPANIES

stock notes of, how computed, 77.

MUTUAL LIFE, HEALTH, AND ACCI-

DENT INSURANCE CORPORATIONS
formation of, 3814.

issuing contracts, 3814.

investments of, 3814.

DENT INSURANCE CORPORATIONS
(continued)

of what guarantee fund to share consist,
923.

policies issued within the state, provi-
sions of, 923.

MUTUAL MISTAKE OF FACT

as ground for rescission of contract,
1142.

NAMES

change of. See tit. Change of Names.
NARCOTICS

instruction as to effects of to be given in

public schools, 2479.

NATIONAL BANKS

stock of assessed for taxation, 3578, 3584.
assessor's duty in assessing, 3579.
reduction of assessment, 3578.

NATIONAL GUARD

absence deemed resignation when, 259.
acceptance of commission on staff, effect

on line officer, 258.

active duty, pay of officers while on, 266.
adjutant-general's department, 250, 2504,

3509.

chief of staff, 250, 2504.
salaries, 3521.

adjutant-general's office, salary of, 269,
2519.

allowance, for military organization, etc.,
267, 2517, 3520.

for officers, 267.

to companies, annual, 268.

annual allowance to companies, 268,
2518.

appeal from election of officer, 3515.
appointive officers, 257, 2511.

armories and arsenals, 3521.

armory board, state, 270.

armory list, 267.

arms of, 265.

artillery, coast, 254.

authority of commander-in-chief, 250.

battery, field, 254.

boards of examination, 3514.

bond of officers, 268, 2518.

captain ex officio company treasurer, 268.
casualties, compensation for, 2520.

cavalry, 255, 3512.

chief of staff of adjutant-general's de-

partment, 250.

claims exempt from board of control, 268.
coast artillery, 254, 3512.

colors, 269.

NATIONAL GUARD (continued)

commander-in-chief, authority of, 250.
commissioned officers

absence or removal deemed resigna-

tion when, 259.

appointive officers, 257.

as to generally, 3513.

commissions of, 256, 2510, 3513.
dishonorable discharge, effect of, 260.
effect of line officers accepting com-
mission on staff, 258.

election of officers, 258.

elective officers, 257.

eligibility of, 256.

examining boards, 257.

examination for commissions, 2511.
examination of, 256.

physical examination for commission,
3514.

qualifications for, 3512.

resignation deemed removal when, 259.
retired list, 258.

commissions to officers, 256.

companies, annual allowance to, 268.
compensation for casualties, 2520.
composition and strength, 249, 2503.
corps of engineers, 254, 2509, 3511.
corps, quartermaster's, 3510.
corps, signal, 3512,

courts-martial. see tit. Military Courts.
department of adjutant-general, 250.

chief of staff, 250.

department of inspector-general, 253.
department of judge-advocate, 253.
department of ordnance, 253.

dishonorable discharge, effect of, 260,
2513.

effect of line officer accepting commis-

sion on staff, 258, 2512.

election of officers, 257.

elective officers, 257.

eligibility to receive commission, 256.
engineer's corps, 254.

enlisted men, application for member-

ship, 2514.

appointment of non-commissioned of-

ficers, 2514.

as to generally, 3516.
desertion, effect of, 262.

eligibility to membership, 260, 3516.
honorable discharge, when and how

granted, 260, 2514.

non-commissioned officers, appointment
of, 2514.

oath, 3516.

NATIONAL GUARD (continued)

equipments of, 265.

examination before giving commission,
256, 3514.

examining boards, 257, 3514.

field artillery, 3512.

field battery, 254.

holding office, barred by dishonorable
discharge, 260.

honorary members, 269.
infantry, 255, 2510, 3513.
inspector-general's department, 253, 2507,

3510.

judge-advocate's department, 253, 2508,
3510.

line officers accepting position on staff,
effect, 2512, 3515.

list of armories, 267.

machine-gun company, 255.

medical department, 253, 2508, 3511.
military courts.

See tit. Military Courts.

military fund, 267, 3520.

military organization, allowance for, 267.
national defense act of congress, organ-

ization under, 3508.

naval militia. See tit. Naval Militia.

oaths, 269, 3516.

officers of, as to commissions for, 3513.

appeal from election, 3515.

now serving, 3514.

oath of office, 3515.

of the line, 3515.

physical examination for commission,

3514.

qualifications for commission, 3514.

salaries of, 3520, 3521.

order department, 253.

organization under national defense act,

3508.

pay and allowance, 3520.

pay of officers detailed on special duty,

266.

pay of officers when on active duty, 266.
penalty for absence from drills, 2516.
physical examination for commission,
3514.

property purchased with state money to
be accounted for, 265.

property returns, what property to be
accounted for in, 265.

public property, responsible for, 265.
qualifications for commissioned officer,
3513.

quartermaster's corps, 253, 2508, 3510.
re-entry barred by dishonorable dis-
charge, 260.

NATIONAL GUARD (continued)

removal deemed resignation when, 259.
responsible for public property, 265.
retired list, 258, 2512.

retirement after fifteen years, 2513.
rules and regulations, 250, 3509.

salaries of adjutant-general's office, 269,
2519, 3520, 3521.

salaries of officers, 3520.

service in, annual inspection, 263.

companies parading with less than re-
quired number, 263.

drills, 263, 2516.
parades, 263.

parading with less than required num-
ber in company, 263.

penalty for absence from drills, 2516.
service medals, 263.

service of, as to generally, 3516.

penalty for absence from drills, 3516.

signal corps, 254, 2509, 3512.

special duty pay of officers detailed on,
266.

staff departments, 249.

state armory board, 270, 2520.

traveling expenses of officers detailed on

special duty, 266.

treasurer of company, captain is ex-
officio, 268.

uniforms of, 265.

vacancies in office, 3515.

who may appoint courts-martial. See tit.
Military Courts.

NATURALIZATION

aliens, of, 2356.

fees of county clerk on, 2610.

NAVAL MILITIA

application of laws, rules and regulations
of United States navy, 3522.
bond of, 272.
chaplain of, 271.

courts-martial in. See tit. Military Courts.
as to, 272.

division commanded by lieutenant, 271.
divisions of, 270, 2521, 3522.

inspectors of, 272.

line officers of, 271.

medical department, 271.

organization of, 270, 272, 2521.

pay department, 271.

strength, ranks, officers, etc., 270, 2521.

NAVIGABLE WATERS

annotation as to, 322, 2543.
are declared public ways, 320.

dumping garbage in, penalty, 2085.

NEGLECT. See tit. Negligence.

of county recorder, penalty, 587.
NEGLIGENCE

action for injuries caused by, 1151-1153.
agister, duties and liability, supplying
water to stock, 2948.
automobile racing, 2948.

care exacted of children, 2949.
change in steps of apartment house, in-
jury to tenant, 2949.

chauffeur's negligence imputed to pas-
senger, 2949.

collision of automobile

while racing, 2948.

with motorcycle, 2949.
with pedestrian, 2949.
contributory negligence

as affecting, 1153, 2950.
persons in peril, 2950.

crime of, instructions as to, 1153.

dock company, liability for personal in-
.juries, 2950.

doctrine of "last clear chance," 2951.
elevator

boy falling in shaft, 2951.

negligence in operating, by benevolent
society, 2951.

in unfinished building, 2951.
imputing negligence of chauffeur to pas-
senger, 2949.

independent contractor

as to generally, 2952.

person in charge of automobile, 2952.
"last clear chance," doctrine of, 2951.
liability for damage occasioned by, 1149-
1153.

of dock company, 2950.

of municipality, in repair of streets, 1154.
of street railroad corporations, 1155.
passenger in automobile, imputing negli-
gence of chauffeur to, 2949.

push-cart in street, attraction to children,
2952.

what constitutes negligence, 2952.
wrongful acts of, annotation, 3854.
NEGOTIABLE INSTRUMENTS. See, also,
tit. Negotiable Instruments Law.
as to generally, 1265-1267.
action on

accommodation paper, 3006.

by indorsee of, 3006.

filing cross-complaint, 3006.

identity of names of corporations, 3007.
instructions, 3007.

pleading, as to generally, 3008.