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factured or unmanufactured state; of timepieces of consignor any description; of negotiable paper or other valuable valuables writings; of pictures, glass, or chinaware, is not liable their for more than fifty dollars upon the loss or injury of any one package of such articles, unless he has notice, upon his receipt thereof, by mark upon the package or otherwise, of the nature of the freight.
NOTE.-Modified from the English Carriers' Act of 1830. The Act of Congress, March 3d, 1851, does not
include so many articles. 2201. If a common carrier accepts freight for a Delivery place beyond his usual route, he must, unless he stipu- beyond lates otherwise, deliver it at the end of his route in that direction to some other competent carrier carrying to the place of address, or connected with those who thus carry, and his liability ceases upon making
NOTE.—Van Santvoord vs. St. John, 6 Hill, p. 157; see Goold vs. Chapin, 20 N. Y., p. 259. The English rule to hold the company which receives and books the goods liable to the end of the route, since the establishment of railways (Hodges on Railw., p. 615; see Red. on Car., etc., Sec. 180), is very seriously questioned in this country.-Id., Sec. 181, Jennison vs. C. and A. Railw., Dist. Court Phil., Vol. 4, Am. Law Reg., p. 234. Stroud, J., reviews all the cases in this country, and concludes that: “When goods are delivered to a carrier marked for a particular place, but unaccompanied by any other directions for their transportation and delivery, except such as might be inferred from the marks themselves, the carrier is only bound to transport and deliver them according to the established usage of the business in which he is engaged, whether that usage was known to the other party or not.”— Note 9 to Sec. 181, Red. on Car., etc. The rule regarding passengers' baggage hec seems to be otherwise.-See Sec. 2180, and note, ante.
2202. If freight addressed to a place beyond the Proof to usual route of the common carrier who first received in case it is lost or injured, he must, within a reasonable time
6- vol. ii.
after demand, give satisfactory proof to the consignor that the loss or injury did not occur while it was in his charge, or he will be himself liable therefor.
NOTE.-This section is intended to save the consignor from the risk of mistaken actions, by compelling the carrier to give proof that another is liable, the fair pre
sumption being against him. 2203. In respect to any service rendered by a common carrier about freight, other than its carriage and delivery, his rights and obligations are defined by the Titles on Deposit and Service.
Note.-See, ante, Titles III and VI, Part IV, Div. Third.
COMMON CARRIERS OF MESSAGES.
SECTION 2207. Order of transmission of telegraphic messages.
2208. Order in other cases.
Order of 2207. A carrier of messages by telegraph must, if
and several messages accumulate upon his hands, he must transmit them in the following order:
1. Messages from public agents of the United States or of this State, on public business;
2. - Messages intended in good faith for immediate publication in newspapers, and not for any secret use;
3. Messages giving information relating to the sickness or death of any person;
4. Other messages in the order in which they were received.
NOTE.-An operator sending messages out of their order is punished by Sec. 638 of the Penal Code, Cal. Service of summons in civil actions may be made by telegraph.-See Sec. 1017 of Code of Civil Procedure, Cal. Must serve all alike, and transmit messages in the order in which they are received, promptly and
faithfully.-Secs. 566-570, Red. on Car., etc. Warrant
2208. A common carrier of messages, otherwise Order in
other cases. than by telegraph, must transmit messages in the order in which he receives them, except messages from agents of the United States or of this State, on public business, to which he must always give priority. But he may fix upon certain times for the simultaneous transmission of messages previously received.
NOTE.-This follows the rule governing common carriers generally, and makes a proper exception. which is usually provided for by statute. Carrier required by Sec. 2169, ante, to accept and carry whatever of the kind he carries is offered at a reasonable time and place. By Sec. 2170, ante, not to give preference in time, price, or otherwise, except expressly authorized by statute; and Sec. 2171, ante, to give preference to the United States and this State in time, and may do it in price. See, also, notes to the sections referred to.
2209. Every person whose message is refused or Damages postponed, contrary to the provisions of this Chapter, message is is entitled to recover from the carrier his actual dam- postponod. ages, and fifty dollars in addition thereto.
Note.—This new provision is needed to protect the rights of parties who are seriously annoyed by delays which, nevertheless, cannot be shown to have caused them pecuniary damage.
CHAPTER I. Trusts in General.
II. Trusts for the Benefit of Third Persons.
NOTE.-This Title should be read in connection with the Title on “Uses and Trusts," Secs. 847 to 871, inclusive, and it must be borne in mind that the latter relates to real property only, and “Uses and Trusts"
are treated as estates. In this Title " Trusts" are considered as relating to property generally, and are treated in the light of obligations. See note to See. 2220, post.
TRUSTS IN GENERAL.
ARTICLE I. NATURE AND CREATION OF A TRUST.
II. OBLIGATIONS OF TRUSTEES.
NATURE AND CREATION OF A TRUST.
SECTION 2215. Trusts classified.
2216. Voluntary trust, what.
2215. A trust is either:
NOTE.-In voluntary or erpress trusts no title vests in the proposed trustee, by whatever instrument it is attempted to be transferred, unless he expressly or by implication accepts the office, or in some way assumes its duties and liabilities.-Maccubbin vs. Cromwell, 7 Gill & J., p. 157; Benthune vs. Dougherty, 21 Ga., p. 257; King vs. Donnelly, 5 Paige, p. 46; Trask vs. Donaghue, 1 Aik., p. 370; Burritt vs. Silliman, 13 N. Y., p. 93; De Peyster vs. Clendining, 8 Paige, p. 295; Bulkley vs. De Peyster, 26 Wend., p. 21; Judson vs. Gibbon, 5 Wend., p. 224; Cooper vs. McClun, 16 Ill., p. 435; Perry on Trusts, Sec. 259; see Sec. 2222, post. The proposed trustee could not be compelled to accept
the trust, and might renounce it, even though such
When a trust is involuntary, or in other words, when
ject of trusts. 2216. A voluntary trust is an obligation arising Voluntary out of a personal confidence reposed in, and volunta- what. rily accepted by, one for the benefit of another.
Note.-A trust is defined by Story as an equitable title to property.- Eq. Jur., Sec. 964. But this is a very narrow definition. So far as his obligations are concerned, a technical trustee stands upon the same footing with a confidential agent or adviser, a guardian, etc., and there is little difference, so far as business relations are concerned, between his position and that of a husband, wife, parent, or attorney. The confidence reposed is the essence of the relation, and it will be found by reference to the numerous cases cited in the course of this Title, that little or no distinction is made between trustees, strictly so called, and any other persons who accept the personal confidence of another.
For the benefit of another." No one can be a trustee for himself. But a trust created for the joint benefit of several persons may be held by one of them.-See ex parte Clutton, 17 Jur., p. 988. And a trust has been sustained for the benefit of a horse. -Pettingall vs. Pet
tingall, 11 L. J. Ch., p. 176. 2217. An involuntary trust is one which is created Involun
tary trust, by operation of law.