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1. A specific denial of the truth of any material allegation of the petition; or setting forth,

2. That the application is made for the purpose of defrauding the opponent; or,

3. That the application is made to prevent, or will prevent him from collecting his debt.

Vide § 1812 and note.

§ 1816. On the day named in the notice, or on such other day to which the hearing may be postponed by the court, the applicant must make proof of publication of the notice hereinbefore required, and the issues of fact joined, if any, must be tried as in other cases; if no issues are joined, the court must hear the proofs of the applicant and find the facts in accordance therewith.

Vide § 1812 and note.

§ 1817. If the facts found sustain the petition, the court must render judgment authorizing the applicant to carry on in her own name and on her own account, the business specified in the notice and petition.

Vide § 1812 and note.

§ 1818.

The sole trader must make and file with the clerk of the court an affidavit, in the following form:

I, A. B., do in the presence of Almighty God, solemnly swear that this application was made in good faith, for the purpose of enabling me to support myself, (and any dependent, such as husband, parent, sister, child or the like, naming them, if any) and not with any view to defraud, delay or hinder any creditor or creditors of my husband; and that of the moneys so to be used by me in business, not more than five hundred dollars have come either directly or indirectly from my husband. So help me God.

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A certified copy of the decree, with this oath endorsed thereon must be recorded in the office of the recorder of the county where the business is to be carried on, in a book to be kept for Buch purpose.

Vide § 1812 and note.

7 Cal. 455.

1819. When the judgment is made and entered, and a copy thereof, with the affidavit provided for in section one thousand eight hundred and eighteen, duly recorded, the person therein named is entitled to car on the business specified, in her own name, and the property, revenue money's and credits so by her invested, and the profits thereof, belongclusively to her and are not liable for any debts of her husband, and shereafter has all the privileges of and is liable to all legal processes provided for debtors and creditors, and may sue and be sued alone, wit being joined with her husband.

Stat. 1862, 109, § 2, was substantially the same, adding the words, "But nothing contained in this act shall be deemed to anthorize a married woman to carry on business in her own name, when the same is managed or superintended by her husband."

6 Cal. 497; 7 Cal. 455; 22 Cal. 522; 29 Cal. 564; 31 Cal. 104; 39 Cal. 287

1820. A married woman who is adjudged a sole trader is responsible and liable for the maintenance of her minor children. Stat. of 1852, p. 101, § 4, was same in substance.

§ 1821. The husband of a sole trader is not liable for any debts contracted by her in the course of her sole trader's business, unless contracted upon his written consent.

46

Stat. of 1852, p. 101, § 6, was substantially the same, adding the words, nor shall his separate property be taken on execution for any debts contracted by her.'

TITLE XIII.

OF PROCEEDINGS IN INSOLVENCY.

SECTION 1822. Statutes in relation to, continued in force.

1822. Nothing in this code affects any of the provisions of "an act for the relief of insolvent debtors and protection of

creditors," approved May 4th, 1852, or of the acts amendatory thereof, approved respectively March 12th, 1858, April 27th, 1860, and April 27th, 1863, bnt such acts are recognized as continuing in force notwithstanding the provisions of this code.

PART IV.

OF EVIDENCE.

GENERAL DEFINITIONS.

$ 1823-1839.

TITLE I. OF GENERAL PRINCIPLES. ø 1844-1870.

TITLE II. KINDS AND DEGREES OF EVIDENCE. ø 1875.

1978.

TITLE III. PRODUCTION OF EVIDENCE. § 1981-2054.

TITLE IV. EFFECT OF EVIDENCE.

2061.

TITLE V. RIGHTS AND DUTIES OF WITNESSES. § 2064

2070.

TITLE VI. EVIDENCE IN PARTICULAR CASES, AND GENERAL

PROVISIONS. § 2074-2103.

C. C. P.-50.

OF EVIDENCE.

GENERAL DEFINITIONS AND DIVISIONS.

SECTION 1823. Definition of evidence.

1824. Definition of proof.

1825.

Definition of law of evidence.

1826. The degree of certainty required to establish facts.

1827. Four kinds of evidence specified.

1828. Several degrees of evidence specified.

1829. Original evidence defined.

1830. Secondary evidence defined.
1831. Direct evidence defined.

1832. Indirect evidence defined.
1833. Primary evidence defined.
1834. Partial evidence defined.
1835. Satisfactory evidence defined.
1836. Indispensable evidence defined.
1837. Conclusive evidence defined.
1838. Cumulative evidence defined.
1839. Corroborative evidence defined.

1823. Judicial evidence is the means, sanctioned by law, of ascertaining in a judicial proceeding the truth respecting a question of fact.

N. Y. C. C. P. § 1659; Or. C. C. P. § 655.

1824.

Proof is the effect of evidence, the establishment of

a fact by evidence.

N. Y. C. C. P. § 1660; Or. C. C. P. § 655.

31 Cal. 201.

Ó 1825. The law of evidence, which is the subject of this part of the code, is a collection of general rules established by law

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