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NOTICE (continued)

OATH (continued)
of intention to move for new trial, 1579, required in matters connected with mili-
3091,

tary service, 269.
of judgment in justices' court, where de- who may administer, 806.
fendant subject to arrest, 3106.

OATH OF OFFICE
of location of mining claim. See tit. as to when taken, 106.
Mines and Mining.

OBLIGATIONS
record of, 950.

accord and satisfaction extinguishes, 1102.
of loss. See tit. Insurance.

alternative. See tit. Alternative Obliga.
of motion. See tit. Motion.

tions.
of petition for formation of permanent

conditional. See tit. Conditional Obliga-
road divisions, 346.

tions.
of sale of bonds of reclamation districts,

extinction of, by accord and satisfaction,
402.

1102.
of sale of property for taxes, authority of

by novation, 1102.
tax collector to serve, 480.

by offer of performance, annotations,
compensation of tax collector for serv-

1096-1100.
ing, 480.

by payment, 1095.
of sale, under execution, how given, 1594.

by performance, annotations, 1094.
of trial. See tit. Trial,

by prevention of performance, annota-
of withdrawal of insurance company,

tions, 1100, 1101.
publication of, 84.

by release, 1103.
posting of, 808.

imposed by law. See tit. Obligations Im-
service by mail, 1713.

posed by Law.
service on non-residents where party has

novation extinguishes, when, 1102.
attorney, 1715.

offer of performance extinguished when,
to election officers, 2434.

annotations, 1096-1100.
to owner in mechanic's lien. See tit. Me-

performance of extinguished annotations,
chanics' Liens.

1094-1096.
upon attorney, when, 1712.

prevention of performance extinguished,
NOVATION. See tit. Obligations.

annotations, 1100, 1101.
a contract subject to all rules governing release extinguished, 1103.
contracts, 1102.

transfer of, as to generally, annotations,
applicable when, 1102,

1092 1094.
as to generally, 2937, 3843.

OBLIGATIONS IMPOSED BY LAW
intent to release original debtor neces-

as to generally, annotation, 1148.
sary, 1102,

negligence. See tit. Negligence.
oral and oral modification of a written

wilful acts, as to generally, annotation,
contract of distinct, 1147.

1148.
NUISANCE

OCCUPANCY
as to generally, annotation, 1605, 1607.

title by, annotation, 3824.
indecent and offensive conduct, 1307.

OFFER
percolating waters as, 1307.

of performance, extinguished obligation.
private. See tit. Private Nuisance.

See tit. Obligation.
public. See tit. Public Nuisance.

OFFICE AND OFFICES. See tit. Officers.
smelters, as, 1307.
tuberculosis hospital as a, 1307.

as to generally, annotation, 518, 2592.

consolidation of, 521.
NULLITY

how separated, 522.
of marriage, annotation, 835.

county clerk to provide books of affi-
NUNC PRO TUNC

davits, 2594.
filing of papers destroyed by fire or other

county offices. See tit. County Offices,
calamity, 1721.

dishonorable discharge from militia bars
OATH

holding office, 260.
power of foreman of grand jury to ad-

disqualification to hold office, 2409.
minister to reporter, 2029.

duty of officer filling consolidated, 522.

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OFFICE AND OFFICES (continued)

OFFICERS, PUBLIC (continued)
election, when, 2594.

recall of, 524, 2410.
eligibility, 2594.

resignation of, to whom made, 3449.
filled by election when, 522.

to assist secretary of state, 35.
injunction to prevent exercise of, created

torts by, liability on bond, 1281.
by void statute, 1298.

township. See tit. Township Officers,
member of board of election commission-

who eligible to be elected, 525.
ers not to hold any other, 113.

OFFICIAL ACT
misconduct in. See tits. Official Miscon-

action against sheriff for, 1723.
duct; Misconduct.
term of of member of board of election

OFFICIAL BONDS
commissioners, 113.

approval of, 525.
township officers. See tit. Township Of-

liability on, 807.
ficers.

of county officers, 525,
vacancies in office. See tit. Vacancies. of county treasurer, action on, 107.
what to be maintained at county seat, to be recorded, 525.
805.

OFFICIAL MISCONDUCT
who eligible to, 525.

of board of supervisors, penalty, 809.
OFFICERS, PUBLIC. See tit. State Of.

OFFICIAL REGISTER
ficers.

to be kept by coroner, 591.
and employees of legislature, compensa-

OFFICIAL REPORTER
tion of, 20.

duties of, 606.
appointed by the governor, 2389.

publication of supreme and district
appointment of deputies, 526.

courts of appeal reports, 2408.
as to office and officers, annotation, 518.
board of control to examine books, etc.,

OFFICIAL SERVICES
196.

and fees, 795, 2794.
bonds of. See tit. Official Bonds.

OIL LANDS AND CLAIMS
certain must have office at county seat, location of, 2932.
805.

trespass on, recovery of possession, 2932.
collection of illegal fees forfeits office, OIL LEASE. See tit. Lease.
549.

pipe lines, 1132.
consolidation of, 521.

OPINIONS OF SUPREME COURT
county. See tit. Counties.

all opinions filed to be printed in full,
deputies, appointment of, 526.

102.
duty of filling consolidated office, 522.

filed opinions not to be changed, 102.
election for, when held, 532.

in bank, quorum,

3032.
filling consolidated office, duty of, 522.

in habeas corpus. See tit. Habeas Corpus.
election, when, 522.

justices must revise publication of, 102.
injunction restraining illegal expenditure,

OPTION
1495.

acceptance of, 1116.
misconduct of. See tits. Misconduct; Offi-

specific performance of, 1291.
cial Misconduct.

to purchase mine, forfeiture by non-pay-
oath of office. See tit. Oath of Office,
of board of trustees of law library. See

ment, 950, 951.
tit. Law Library.

ORDERS
of counties, personally liable when, 511.

as to generally, annotation, 1929.
of elections, assignment of compensation

justices. See tit. Justices' Courts,
before returns sealed, unlawful, 112.

must be executed by sheriff, 602.
of governor, executive secretary, salary, ORDINANCES. See tit. Municipal Corpora-
2390.

tions.
official misconduct of board of super- county. See tit. County Ordinances.
visors, penalty, 809.

of municipal corporations, regarding
peace, who are, 2152.

weights and measures, 815.
petition for recall of municipal officers, regulating or forbidding sale of intoxi.
2410.

cating liquors, 3248.

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ORDNANCE. See tit. National Guards. PARANZELLA NETS
ORGANIZATION

penalty for use, 2132.
of board of directors, 529.

PARENT AND CHILD
ORPHAN ASYLUMS

as to generally, annotation, 862,
adoption of child in, 866.

adoption of children. See tit. Adoption
aid of, appropriation of, 304, 2540, 3527.

of Children.
children entitled to, 3528.

custody of legitimate child, 864, 2834.
institutions entitled to, 3528.

failure of adult child to provide for indi.
times of payment of, 305.

gent parent misdemeanor when,
aliens, 2540.

2070.
appropriation of aid, 304.

illegitimate child
board of control may inquire into insti- adoption of by father, 2836.
tutes, 306, 3528.

reception by father into family, 2836.
books to be kept by institutes, 305, 3527.

where father and mother have dis-
children entitled to aid, 307.

tinct families, 2836.
children's agents, as to, 306,

support of, 864.
salary of, 306.

legitimate child, custody of, 364, 2834.
claim for aid, presentation and allowance reciprocal duties of parent and child, an.
of, 306.

notation, 864.
damages, payment of, 306.

support of illegitimate child, 864,
institutes entitled to aid, 307.

PARKS
lists of inmates of, 305.

transfer of community property to mu-
monthly accounts of, 305.

nicipal corporation for, 552.
payment of damages, 306.

PAROLE. See tits. Probation; Psycho-
presentation and allowance of claims for

pathic Parole Act.
aid, 306.

hearing on application for, 4142.
state aid, aliens, 2540.

PAROL AGREEMENT
times of payment of aid, 305.
ORPHANS

contemporaneous with written contract,

1127.
half. See tit. Half-Orphans.
minor. See tit. Minor Orphans.

PAROLED PRISONERS. See tit. Prisons
OWNERSHIP

and Prisoners.
of property, in several persons, annota-

penalty for exposure of, 2139.
tion, 982.

PARTIAL DISTRIBUTION. See tit. Dis.
PACIFIC OCEAN

tribution.
dumping garbage into, etc., a misde- as to generally, 4055.
meanor, 2085.

as to partition distribution and final set-
PAMPHLET

tlement, annotation, 1915-1920.
contents of advertising purpose constitu-

decree prayed for to be granted when,
tional amendment, 133.

1921.
PANDERING

executors or other persons may resist,
attempt to commit crime of, 3240.

1921.
by placing woman in house of prostitu- payment of legacies upon giving bonds,
tion, 3240.

1915.
venue of the crime, 3241,

PARTIES
information or indictment for, 3241.

to contracts. See tit. Contracts.
PAPERS

PARTIES TO ACTION
destroyed by fire or other calamity, filing as to generally, 3053.
nunc pro tunc, 1721.

amendment to change or correct, 3053.
filing of, when accomplished, 3105.

associates may be sued by name of, 1420.
how served, 1711, 1712.

bringing in new parties, annotation, 1407,
service by mail how, 1713.

3054.
service of in action for divorce, 1715.

court to decide controversy or order
service on non-resident by serving on at-

other parties brought in, 1420.
torney, 1715.

defendant, who may be joined as, 1414.
service upon attorney, made how, 1712. error in name of promisee, 3054.

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PARTIES TO ACTION (continued)

PARTITION (continued)
father may sue for injury or death of improvements and allowance therefor,
child, annotation, 1410.

3104.
in action for divorce, plaintiff must be interest of all parties must be set forth
resident, 840.

in complaint, 1619.
in condemnation proceeding. See tit. lien holders must be made parties, or a
Eminent Domain.

referee be appointed to ascertain
in default, court may order deposition of,

their rights, 1620.
2008.

may be made although some of the heirs,
in proceedings to foreclose mechanic's

etc., have parted with their interests,
lien, 1785.

1926.
incompetent person to appear by guard- must be made according to the rights of
ian, 1409.

the parties as determined by the
infant to appear by guardian, 1409.

court, 1622.
insane person to appear by guardian,

objection to referee's report, 3105.
1409.

of estates of decedents, annotation, 1915-
intervention. See tit. Intervention,

1920.
joinder of

property subject to mortgage and con-
as to generally, 3054.

tract of sale, 3105.
as defendants, 1414.

receiver, 3105.
married woman as party, 1408.

referees appointed in to sell in, 1621.
new parties ordered brought in when,

must make report of sale to court, 1624.
1420.

must make report of their proceedings,
plaintiff, in action for damages for tres-

1623.
pass on realty, 1414.

sales by must be at public auction
in action for specific performance, 1414.

when, 1624
in action to foreclose lien for street im.

rights to
provement, 1414.

of all parties may be ascertained in
in action to foreclose mechanics' lien.

the action, 1620.
See tit. Mechanics' Lien.

postponement, 3105.
in action to have street assessment de- sales by referees, may be at private sale
clared void, 1414.

when, 1624.
parties in interest who may be joined, must be by public auction, 1624.
annotation, 1415, 1416.

report must be made to court, 1624.
PARTITION

subrogation, 3104.
as to generally, annotation, 1616-1619.

summons in must be directed to all par-
abstract of title in action for, 1625.

ties in interest, 1620.
allowance for improvements, 3104.

when money paid into court cause may
answer of defendants, what to contain,

be continued to determine claims of
1620.

parties, 1624.
contribution, 3104.

PARTNERSHIP
conveyance to be made when sale con- as to generally, annotation, 1223.
firmed, 1625.

as to what constitutes, 1224.
court may order sale with partition and accounting, action for, 1225.
appoint referee to sell, 1621.

action for, 2994.
court may set aside or confirm report of, action against, 2994.
1623.

action for accounting, 2994.
decrees in to be recorded by county re- agreement to participate in profits in
corder, 585.

equal shares, 1226.
enforcement of delivery of deed pursuant application of partnership property to
to agreement, 3104.

payment of individual debt, 1226.
entering judgment, 1623.

assessment of property of for taxation.
former adjudication, 3104.

See tit. Taxes and Taxation.
if sale confirmed, conveyance to be made, assignment to partner, 2995.
1625.

by inference, 1226.

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PARTNERSHIP (continued)

PAYMENT (continued)
certificate of partnership, execution, fil- as to time of making where contract is
ing, etc., 1229.

silent, 1134.
claim and delivery can not be maintained

of invalid assessments in reclamation dis-
against co-partners, 1226.

trict to be credited, 398.
contract for labor and material, dissolu- of taxes. See tit. Taxes and Taxation.
tion of firm, 2995.

oral direction as to application, 2935.
dealing between co-partners, 1225.

recovery of excess payment, annotation,
death of partner and settlement of af-

1095.
fairs, 2995.

recovery of payment made through mis-
facts showing partnership agreement,

take, 2935.
1225.

PEACE
fictitious name, action by assignee, 2995.

security to keep. See tit. Security to
foreign, designation of agent, 1229.

Keep Peace. .
general partnership, as to generally, an-

PEACE OFFICERS. See tit. Officers.
notation, 1227.

who are, 2152.
goodwill on termination of relation, 2995.

PENALTY
in land, 1225.

against assessor failing to make roll of
joint ownership of property, 1226.

citizens subject to military duties,

246.
liability of retiring partner, 2995.

against insurance companies. See tits.
liability to third person, 3863.

Insurance; Insurance Commissioner,
mining partnership. See tit. Mining

payable on demand, 86.
Partnerships.

against sheriff. See tit. Sheriff.
name of firm, filing certificate, 2996.

for failure of county treasurer to report
partnership agreement, 2996.

to board of supervisors, 578.
partnership transactions, 2996.

for misconduct of board of supervisors,
real name of partners necessary, 1225.

809.
register of firm to be kept by county

for neglect or misconduct by county re-
clerk, 1229.

corder, 587.
right of assignee, 1225.

for neglect or refusal to pay over money,
right of partners to engage in other busi.

600.
ness, 1226.

for neglect or refusal to serve writ, 600.
special partnerships, 1230.

for neglect to file with board of control,
trust relation between partners, ousting

97.
partner, 2996.

for serving on board of election without
use of fictitious name, duties, 1228.

qualification, 128.
what constitutes, 2997.

PENSION CLAIMS
PARTY AFFILIATION

no fees in, 803.
declaration of. See tit. Registration of

PERCH
Electors.

Sacramento, protection of, 2128.
PARTY TEST. See tit. Primary Elections.

salt water, penalty for catching, 2123.
PATENTS

PERCOLATING WATERS. See tit. Water
duplicate to swamp lands, issuance of,

Rights.
421,

as a nuisance, 1307.
for lands uncovered by recession, 412.

PERFORMANCE
to be prepared by register when, 420.

offer of extinguished obligation. See tit.
PAWN BROKER

Obligations.
failure to keep register, penalty, 2081. prevention of extinguished obligation.
refusal to allow inspection of register,

See tit. Obligations.
penalty, 2081.

PERJURY AND SUBORNATION OF PER.
PAYMENT. See tit. Obligations.

JURY
application of payments, 2934.

as to generally, annotations, 2046, 4081.
oral direction, 2935.

witness not to be prosecuted on own tes.
as to generally, annotation, 1095, 2934.

timony, 4151.

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