ROADS continued. application for authority to construct the same, to be made to court of telegraph companies authorized to use, 209. SALE, S who may file written objections to, 58. of personal property, how advertized, 58. order for, of real estate, 58. in ordering, what care to be taken, 59. place and manner of, 60. who may be purchaser at, 60. by executor or administrator, when void, 60. order confirming, 61. of equities of intestate in real estate, 61. of real property, subject to mortgage, 61, 62. by executor, within what time to be questioned, 62. when ordered by the court, is binding on all the parties, 65. of property by guardians, to be ordered by the probate court, 134. contract of, when perfected, 142. contract of, when must be in writing, 141, 144. of personal property is not good against creditors, without delivery, 185. SAN FRANCISCO, superior court of, how composed, 2. superior court of, is a court of record, 2. SECURITIES, to undertaking, verification by, 73. excepting to, 73. justification of, 73. SECURITY, may bring action against principal, 93. of appellant, when the court may dispense with, or limit, 73. SELLER, liable for deceit when, 145, 146. cannot sue until he tenders delivery, 142. has a lien on property for the price, 142. right to stop property in transitu, 143. creditors of, may levy on property sold, when, 144. SERVICE, of summons, 14, 15, 16. by publication, 15, 16. of citation on executor, 49. SET-OFF, doctrine of, 93. of bills of exchange and promissory notes, 94. SET-OFF-continued. of contracts for payment of money, accounts, &c., 94. what claims are subject to, 95. what requisite, in pleading, 95. in what actions there can be no set-off, 96. SETTLEMENT, of estates, 34, 35. SHERIFF, duty in executing attachment, 161. personal property, how sold by, 164, 165. when official bond may be proceeded on, 180. to give notice of justification of sureties, 177. duty of, when defendant makes a deposite of money, 178. when exonerated from liability in not making arrest, 179. SOLE TRADER, wife may become, 122. what to be done to constitute wife as, 121, 122. liabilities of wife as, 123. advantages of wife, being, 124. SPECIAL ADMINISTRATOR, when appointed by the court, 44, 46. whom appointed, 46, 47. powers of, 47. SPECIFIC PERFORMANCE, executors may compel, 52. STATUTE, private, complaint in action on, 13. from what time it runs against account, 195. STATUTE OF LIMITATIONS, in California, 180, 181. STEAMER, proceedings against, 174, 175. STEAM NAVIGATION COMPANIES, who may form, 210. required to execute duplicate certificates, 210. certificates of stock, may be assigned, 211. what necessary to make the acts of, binding, 211. must organize, within what time, 211, 212. affairs of, how investigated, 212. legislature may dissolve, 212. the directors may wind up its affairs, 212. STOCK, of railroad, certificate of, to be recorded in the office of the secretary of STOCK-continued. of steam navigation companies, how assigned, 210. SUCCESSOR, of justice, who is, 90. SUMMONS, to be issued by clerk, 14. how served, 14, 15, 16. service by publication, 15, 16. justice to issue, after the complaint has been made, 77. what it is to state, 77. service of, 77, 78. SUPERIOR COURT OF SAN FRANCISCO, how composed, 2. is a court of record, 2. original jurisdiction of, 9. SUPREME COURT, how composed, 2. is a court of record, 2. SURETIES, to a bond may be released, 49. release of, how obtained, 49. when liable for acts of principal, 50. justification of, in actions for the recovery of personal property, 102, 103. who can be, 104. how to justify, 104. T TELEGRAPH COMPANIES, any number of persons may form, 209. TITLE, to personal property may be acquired by gift, 147. to personal property passes with possession, 147. by administration, 148. by will, 148. by marriage, 148. to public lands, how it may be acquired, 148, 149. by purchase, 150. TREATY, made by U. S. with foreign land, is paramount law, 1. TRIAL, when to be by jury, 20. for contempt, 91. may be demanded after arrest, 100. TRUSTEE, may be appointed for wife, when, 121. for wife, duty of, 121, 122. U URDERTAKING, justice may require, before issuing summons, 77. on appeal, 29, 30, 31. in appeal from justice's court, 87, 88. to obtain order of arrest, 100. in actions to recover specific personal property, 101, 102. in action for recovery of personal property where the property exceeds in value five hundred dollars, 153. by debtor under arrest, 177. allowance of bail to be indorsed upon, 178. V VARIANCE, between proof and allegation in pleading, when disregarded, 82. VERDICT, of jury, how rendered, 21, 22, may be corrected, 22. when to be special, 22. unless the jury otherwise directed, must be general, 22. in actions for the recovery of money, 22. in cases for the recovery of specific personal property, 22, 23. method of rendering, by jury, 86. grounds for setting aside, 86. judgment to be entered upon, 86. to be vacated when new trial is granted, 87. V ERIFICATION, of complaint, 13. who can verify, 13. who to verify when the action is prosecuted by a corporation, 13. of answer, 17. by whom to be made, 17. W WARD, property of, how to be disposed of by guardian, 133, 134. marriage of, terminates guardianship, 136. relation between, and guardian, 137. when he may bring suit on bond of guardian, 137. contract by guardian with, void, 137. WARRANTY, when implied in contract for the sale of personal property, 145. none implied as to quality of property, 145. cases where it is implied, 146. WHARFS, lien on for labor, or materials, 169, 170, 171. WIDOW, entitled to the custody and control of children, 137. stands at the head of family, 138. rights and duties, 138, 139. by marrying, loses the right to administer upon husband's estate, 139. WIDOWER, right to administer upon deceased wife's estate, 139. WIFE, husband's right to property of, 118, 119. husband not liable for the debts of, contracted before marriage, 120. what she must do in order to retain right to her own property, 121. gift of, to husband, must be in writing, 121. may have a trustee appointed, when, 121. in becoming independent trader, may take from husband five thousand what requisite to be done to constitute sole trader, 122, 123. liabilities as sole trader, 123. when she can dispose of property by will, 123. support of, during pendency of action for divorce, 124, 125. by marriage, forfeits her right to administration, 46. WILL, is to be proved, 35. when valid, 35. who may make a nuncupative will, 35. general requisites of, 35, 36. by married women, 36. how proved, when there is a devise to a subscribing witness, 36. how revoked, 36. effect of birth of child, after publication of, 36. effect of naming debtor of testator, executor, 37. of real property, how construed, 37, 38. when it will pass after acquired property, 38. foreign, how to be made, 38. by married woman, made out of the state, 38. proof of, before what court to be made, 38. executor restrained in case of loss of, when, 43. certificate of proof of, to be filed and recorded, 43. proof of, is subject to be contested, 43. foreign, probate of, 43. of non-resident dying out of the state, probate of, 38, 39. probate where the probate judge is an executor, trustee, legatee or de- visee, 39. production of, 39. time for proof, 40. notice of proof, 40. |