« AnteriorContinuar »
All property of the wife owned by her before marriage, and that acquired afterward by gift, bequest, devise, or descent, with the rents, issues, and profits thereof, is her separate property. All property owned by the husband before marriage, and that acquired afterward by gift, bequest, devise, or descent, with the rents, issues, and profits thereof, is his separate property. All other property acquired after marriage, by either husband or wife, or both, is community property. The earnings of the wife are not liable for the debts of the husband. The earnings and accumulations of the wife, and her minor children living with her and in her custody, while she is living separate from her husband, are the separate property of the wife.
The separate property of the wife is not liable for the debts of her husband, but is liable for her own debts, contracted before or after marriage. The separate .property of the husband is not liable for the debts of the wife contracted before marriage. The property of the community is not liable for the contracts of the wife made after marriage, unless secured by a pledge or mortgage thereof executed by the husband.
The husband has the management and control of the community property, with the like absolute power of disposition (other than testamentary) as he has of his separate estate. No estate in dower is alloted to the wife upon the death of her husband.
If the husband neglects to make adequate provision for the support of his wife, any other person may, in good faith, supply her with articles necessary for her support, and recover the reasonable value thereof from the husband ; except that a husband abandoned by his wife is not liable for her support until she offers to return, unless she was justified, by his misconduct, in abandoning him ; nor is he liable for her support when she is living separate from him by agreement, unless such support is stipulated in the agreement.
A maried woman may become a sole trader by the judgment of the Superior Court of the county in which she has resided for six months next preceding the application.
A certified copy of the decree of the Court must be recorded in the office of the Recorder of the county where the business is to be carried on.
A sole trader is entitled to carry on the business specified, in her own name, and the property, revenues, moneys and credits so by her invested, and the profits thereof, belong exclusively to her, and are not liable for any debts of her husband. 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.
Minors are males under twenty-one years
females under eighteen years of age.
A minor cannot give a delegation of power, nor, under the age of eighteen, make a contract relating to real property, or any interest therein, or relating to any personal property not in his immediate possesion or control. A minor
any other contract, in the same manner as an adult, subject to his power of disaffirmance. A minor cannot disaffirm a contract, otherwise valid, to pay the reasonable value of things necessary for his support, or that of his family, entered into by him when not under the care of a parent or guardian able to provide for him or them. Nor can a minor disaffirm an obligation, otherwise valid, entered into by him under the express authority or direction of a statute. In all other cases, the contract of a minor, if made whilst he is under the age of eighteen, may be disaffirmed by the minor himself, either before his majority, or within a reasonable time afterward ; or in case of his death within that period, by his heirs or personal representatives; and if the contract be made by the minor whilst he is over the age of eighteen, it may be disaffirmed in like manner, upon restoring the consideration to the party from whom it was received, or paying its equivalent.
If a parent neglect to provide articles necessary for his child, who is under his charge, according to his circumstances, a third person may in good faith supply such necessaries, and recover the reasonable value thereof from the parent.
A minor may enforce his rights by civil action, or other legal proceedings, in the same manner as a person of full age, except that a guardian must conduct the same.
STOPPAGE IN TRANSIT.
A seller or consignor of property, whose claim for its price or proceeds has not been extinguished, may, upon the insolvency of the buyer or consignee becoming known to him after parting with the property, stop it while on its transit to the buyer or consignee, and resume possession thereof. A
is insolvent, within the meaning of the above term, when he ceases to pay his debts in the manner usual with persons of his business, or when he declares his inability or unwillingness to do so. The transit of property is at an end when it comes into the possession of the consignee, or into that of his agent, unless such agent is employed merely to forward the property to the consignee. Stoppage in transit can be effected only by notice to the carrier or depositary of the property, or by taking actual possession thereof.
Stoppage in transit does not, of itself, rescind a sale, but is a means of enforcing the lien of the seller.
A bona fide transfer of a bill of lading defeats the right of stoppage in transit, if such transfer is made before the right of stoppage has been actually exercised by the consignor.
BILLS OF LADING.
A bill of lading is an instrument in writing, signed by a carrier or his agent, describing the freight so as to identify it, stating the name of the consignor, the terms of the contract for carriage, and agreeing or directing that the freight be delivered to the order or assigns of a specified person, at a specified place.
The title to the freight which the first holder of a bill of lading had when he received it, passes to every subsequent indorsee thereof, in good faith and for value, in the ordinary course of business, with like effect, and in like manner, as in the case of a bill of exchange. If a bill of lading is made payable to "bearer," it is transferable by delivery.
Unless there is an express contract in writing, fixing a different rate, interest is payable on all moneys at the rate of seven per cent. per annum, after they become due, on any instrument of writing except a judgment, and on moneys lent or due on any settlement of accounts, from the day on which the balance is ascertained, and on moneys received to the use of another, and detained from him. In the computation of interest for a period less than a year, three hundred and sixty days are deemed to constitute a year.
Interest is payable on judgments recovered in the Courts of this State at the rate of seven per cent per annum, and no greater rate ; but such interest must not be compounded in any manner or form.
Parties may agree, in writing, for the payment of any rate of interest, and it shall be allowed, according to the terms of the agreement, until the entry of judgment; and they may, in any contract in writing, whereby any debt is secured to be paid, agree that if the interest on such debt is not punctually paid, it shall become a part of the principal, and thereafter bear the same rate as the principal debt.
Open accounts do not bear interest.