State, but not otherwise. [New section; approved March 21, 1905; in effect in sixty days.]

Note. See note to § 653b.

§ 6531. This title is not applicable to railroads, telegraph, telephone, banking, insurance, building and loan, or any other corporation, unless the special provisions of this code, applicable thereto, are complied with. [New section; approved March

21, 1905; in effect in sixty days.]

Note.-See note to § 653b.

DIVISION SECOND. TITLE IV. CHAPTER IV.

Recording Transfers.

SEC. 1163. Residence recorded for the purpose of service of summons.

§ 1163. Any person, firm, or corporation, may record in the office of the County Recorder of any county in the State of California a certificate setting forth the name of said person, firm, or corporation, and the place of residence of said person, firm, or corporation, and the place where service of summons may be made upon said person, firm, or corporation. The said certificate must be verified by the oath of the person, or of a member of the firm, or officer of the corporation making the same, and may be recorded without acknowledgment. Such person, firm or corporation may upon a change of place of residence file affidavit as herein provided and such last affidavit filed shall be the place designated as the place where service of summons may be made as herein provided. The fee of the Recorder for recording said certificate shall be fifty cents; and the Recorder shall keep in his office an index entitled "Index to certificates of residence," in which must be entered the name of the person, firm, or corporation in whose behalf said certificate was filed. [New section; approved March 18, 1905; in effect in sixty days.]

SEC. 1185.

Requisites for acknowledgment or proof of instrument.

§ 1185. The acknowledgment of an instrument must not be taken, unless the officer taking it knows or has satisfactory evidence, on the oath or affirmation of a credible witness, that

the person making such acknowledgment is the individual who is described in and who executed the instrument; or, if executed by a corporation, that the person making such acknowledgment is the president or secretary of such corporation, or other person who executed it on its behalf. [Amendment approved March 21, 1905; in effect in sixty days.]

SEC. 1190. Form of certificate of acknowledgment by corpora

tion.

§ 1190. The certificate of acknowledgment of an instrument executed by a corporation must be substantially in the following form: "State of

(here insert the name and quality of the officer), personally appeared known to me (or proved to me on the oath of -) to be the president (or the secretary) of the corporation that executed the within instrument (where, however, the instrument is executed in behalf of the corporation by some one other than the president or secretary, insert: known to me [or proved to me on the oath of -] to be the person who executed the within instrument on behalf of the corporation therein named) and acknowledged to me that such corporation executed the same." [Amendment approved March 21, 1905; in

effect in sixty days.]

DIVISION THIRD. PART IV. TITLE VII. CHAPTER V.

2174.

2175.

2176.

Effect of written contract.

Compensation.

Obligations of carrier altered only by agreement.

Certain agreements void.

§ 2168. Every one who offers to the public to carry persons, property, or messages, excepting only telegraphic messages, is a common carrier of whatever he thus offers to carry.

66 Cal. 581, 586.

§ 2169. A common carrier must, if able to do so, accept and carry whatever is offered to him, at a reasonable time and place, of a kind that he undertakes or is accustomed to carry. 70 Cal. 178; 81 Cal. 268.

§ 2170. A common carrier must not give preference, in time, price, or otherwise, to one person over another. Every common carrier of passengers by railroad, or by vessel plying upon waters lying wholly within this State, shall establish a schedule time for the starting of trains or vessels from their respective stations or wharves, of which public notice shall be given, and shall, weather permitting, except in case of

accident or detention caused by connecting lines, start their said trains or vessels at or within ten minutes after the schedule time so established and notice given, under a penalty of two hundred and fifty dollars for each neglect so to do, to be recovered by action before any court of competent jurisdiction, upon complaint filed by the District Attorney of the county in the name of the people, and paid into the common school fund of the said county.

70 Cal. 178.

§ 2171.

A common carrier must always give a preference in time, and may give a preference in price, to the United States and to this State.

§ 2172. A common carrier must start at such time and place as he announces to the public, unless detained by accident or the elements, or in order to connect with carriers on other lines of travel.

§ 2173. A common carrier is entitled to a reasonable compensation and no more, which he may require to be paid in advance. If payment thereof is refused, he may refuse to carry.

§ 2174. The obligations of a common carrier cannot be limited by general notice on his part, but may be limited by special contract.

120 Cal. 158, 159; Cal. App. R. 2, 175. § 2175. A common carrier cannot be exonerated, by any agreement made in anticipation thereof, from liability for the gross negligence, fraud, or willful wrong of himself or his

servants.

118 Cal. 689, 690, 691, 695; 120 Cal. 158; 131 Cal. 589. § 2176.

A passenger, consignor, or consignee, by accepting a ticket, bill of lading, or written contract for carriage, with a knowledge of its terms, assents to the rate of hire, the time, place, and manner of delivery therein stated; and also to the limitation stated therein upon the amount of the carrier's liability in case property carried in packages, trunks, or boxes, is lost or injured, when the value of such property is not named;

and also to the limitation stated therein to the carrier's liability for loss or injury to live animals carried. But his assent to any other modification of the carrier's obligations contained in such instrument can be manifested only by his signature to the same.

66 Cal. 299; 101 Cal. 195; 113 Cal. 334; 118 Cal. 689, 691; 131 Cal. 586, 587, 589.

§ 2177. A common carrier is not responsible for loss or miscarriage of a letter, or package having the form of a letter, containing money or notes, bills of exchange, or other papers of value, unless he be informed at the time of its receipt of the value of its contents.

2183. Luggage, how carried and delivered.

Obligation to provide vehicles.

Seats for passengers.

Regulations for conduct of business.

Fare, when payable.

2184.

2185.

2186.

2187.

§ 2180. A common carrier of persons, unless his vehicle is fitted for the reception of persons exclusively, must receive and carry a reasonable amount of baggage for each passenger without charge, except for an excess of weight over one hundred pounds to a passenger; if such carrier is a proprietor of a stage line, he need not receive and carry for each passenger by such stage line, without charge, more than sixty pounds of baggage. [Amendment approved March 21, 1905; in effect in sixty days.] 70 Cal. 172; 85 Cal. 330.

§ 2181. Luggage may consist of whatever the passenger takes with him for his personal use and convenience according to the habits or wants of the particular class to which he