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1. An inherent defect, vice, or weakness, or a spontaneous action, of the property itself;

2. The act of a public enemy of the United States, or of this State;

3. The act of the law; or,
4. Any irresistible superhuman cause.

101 Cal. 194.

$ 2195. A common carrier is liable, even in the cases excepted by the last section, if his want of ordinary care exposes the property to the cause of the loss. [Amendment approved March 21, 1905; in effect in sixty days.]

$ 2196. A common carrier is liable for delay only when it is caused by his want of ordinary care and diligence.

101 Cal. 193.

as an

$ 2197. A marine carrier is liable in like manner inland carrier, except for loss or injury caused by the perils of the sea or fire.

§ 2198. The liability of a common carrier by sea is further regulated by Acts of Congress.

$ 2199. Perils of the sea are from :
1. Storms and waves ;
2. Rocks, shoals, and rapids ;
3. Other obstacles, though of human origin;
4. Changes of climate;
5. The confinement necessary at sea ;
6. Animals peculiar to the sea; and,
7. All other dangers peculiar to the sea.

76 Cal. 147, 148.

§ 2200. A common carrier of gold, silver, platina, or precious stones, or of imitations thereof, in a manufactured or unmanufactured state; of timepieces of any description; of negotiable paper or her valuable writings; of pictures, glass, or chinaware; of statuary, silk, or laces; or of plated ware of any kind, is not liable 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; nor is such carrier liable upon any package carried for more than the value of the articles named in the receipt or the bill of lading.

84 Cal. 313, 314; 118 Cal. 689.

$ 2201. If a common carrier accepts freight for a place beyond his usual route, he must, unless he stipulates 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 such delivery.

57 Cal. 463; 101 Cal. 195 ; 118 Cal. 651.

§ 2202. If freight addressed to a place beyond the usual route of the common carrier who first received it is lost or injured, he must, within a reasonable time 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.

§ 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.

§ 2204. If, from any cause other than want of ordinary care and diligence on his part, a common carrier is unable to deliver perishable property transported by him, and collect his charges thereon, he may cause the property to be sold in open market, to satisfy his lien for freightage.


Common Carriers of Messages. SEC. 2207. Order of transmission of telegraphic messages.

2208. Order in other cases.

2209. Damages when message is refused or postponed. $ 2207. A carrier of messages by telegraph must, if it is practicable, transmit every such message immediately upon its receipt. But if this is not practicable, 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.

§ 2208. A common carrier of messages, otherwise 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.

$ 2209. Every person whose message is refused or postponed, contrary to the provisions of this chapter, is entitled to recover from the carrier his actual damages, and fifty dollars in addition thereto.


Preliminary Provisions.


SEC. 17. Certain terms used in this code defined. 8 17. *

The word “person” includes corporation as well as a natural person.

66 Cal. 289.



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Of Manner of Commencing Civil Actions. SEC. 411. Summons, how served.

412. Publication of summons, when.

§ 411. The summons must be served by delivering a copy thereof, as follows:

1. If the suit is against a corporation formed under the laws of this State, to the president or other head of the corporation, secretary, cashier, or managing agent thereof;

2. If the suit is against a foreign corporation, or a non-resident joint-stock company, or association, doing business and having a managing or business agent, cashier, or secretary within this State, to such agent, cashier, or secretary ; [Amendment in effect July 1, 1874.]

59 Cal. 473, 493; 64 Cal. 597; 66 Cal. 515; 79 Cal. 104; 87 Cal. 531; 97 Cal. 367; 120 Cal. 430; 127 Cal. 68; 128 Cal. 332; 134 Cal. 633; 139 Cal. 177-178; 143 Cal. 21.




§ 412. Where the person on whom service is to be made resides out of the State; or has departed from the State; or can not, after due diligence, be found within the State; or conceals himself to avoid the service of summons; or is a foreign corporation having no managing or business agent, cashier or secretary within the State, and the fact appears by affidavit to the satisfaction of the court, or a judge thereof; and it also appears by such affidavit, or by the verified complaint on file, that a cause of action exists against the defendant in respect to whom the service is to be made, or that he is a necessary or proper party to the action; or when it appears by such affidavit, or by the complaint on file herein, that it is an action which relates to or the subject of which is real or personal property in this State, in which such person defendant or foreign corporation defendant has or claims a lien or interest, actual or contingent, therein, or in which the relief demanded consists wholly or in part in excluding such person or foreign corporation from any interest therein, such court or judge may make an order that the service be made by the publication of the summons; provided, that where service is sought to be made upon a person who can not, after due diligence, be found within the State it must first appear to the court by the affidavit aforesaid that there has not been filed, on behalf of such person, in the county where such action is pending, the certificate of residence provided for by section one thousand one hundred and sixty-three of the Civil Code in the county in which the action is brought; or that said certificate was so filed and that the defendant can not be found at the place named in said certificate, which latter fact must be made to appear by the certificate of the Sheriff of the county wherein said defendant claims residence in and by said certificate of residence, and which certificate of said Sheriff must show that service of said summons was attempted upon said defendant at the place named in said certificate of residence but that said defendant was not to be found thereat. (Amendment approved March 18, 1905; in effect in sixty days. ]


SEC. 446. Verification of pleadings.

§ 446. Every pleading must be subscribed by the party or his attorney; and when the complaint is verified, or when the State, or any officer of the State, in his official capacity, is plaintiff, the answer must be verified, unless an admission of the truth of the complaint might subject the party to a criminal prosecution, or, unless an officer of the State, in his official capacity, is defendant. In all cases of a verification of a plead

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