will be at the rate of ten per cent. per annum. If the bill was for money of the United States, the amount due on the bill is to be determined without reference to the value or difference of exchange between the state and the place upon which the bill was drawn at the time of protest for nonpayment. But if the bill calls for the money of account or currency of any foreign country, then the amount due on the bill is to be determined by the rate of exchange cr value of such foreign currency at the time and place of protest, the interest to run from protest for non-acceptance. The damages allowed are only in favor of a holder who purchased it, or some interest therein, for a valuable consideration.(a)

The acceptor is not bound unless he accept the same in writing, signed by himself or his lawful agent. Where the acceptance is written on a separate piece of paper, it is not binding upon him, except in favor of a holder who received the bill upon the faith thereof, for a valuable consideration. An unconditional promise in writing to accept a bill before drawn, is a good acceptance in favor of any person who, upon the faith thereof, received the bill for a good consideration. The acceptance is to be written on the bill, and where the drawee refuses so to accept it, the same may be protested for non-acceptance. Where the holder of a bill shall deliver it to the drawee for acceptance, and he fails to return it within twenty-four hours thereafter, or within such other time ast the holder may allow, accepted or not accepted, the drawee is liable as acceptor on the bill. He is also liable as acceptor where he destroys the bill intentionally. Notice of protest is given by sending written notice to the parties to the bill or note, stating that the holder demanded acceptance or payment thereof of the drawee, and it was refused, and that the holder looks to him for payment of the same. The notice is to be sent to him by mail to the place of his residence, at the time of making, drawing, indorsing, or accepting the bill or note—unless such person, at the time of fixing his signature to such bill, note, or other negotiable instrument, shall specify the post-office to which he requires notice to be addressed.(b)

(a) 1 California Statutes, 147.

(b) 1 California Statutes, 247.

There are three days of grace allowed for the payment of all negotiable paper except sight bills, checks or drafts; and when either a Sunday, first of January, fourth of July, or twenty-fifth of December, intervenes in the days of grace, it is to be counted in making the days of grace. If the last day of grace of a bill or note falls on either of those days, the bill or note matures and is payable on the day before, and if not paid it must be protested on such day.(a)

There is another class of instruments made assignable by the law, and which require some attention; they are bonds, due bills, and all instruments of writing not negotiable: these instruments, whether payable in money or property, or due in money or property, are assignable, and the assignment transfers the rights of the payee or obligee to the assignee; and such assignee may demand payment, and on refusal may bring action in his own name as if the instrument was negotiable and negotiated to him; but all equities in favor of the obligor or maker, and against the payee or obligee, up to the time of notice of the assignment, will apply in their favor as well as if in the hands of the obligee or payee.

Where such instruments call for personal property and no place is designated for delivery, the known residence, if any, in the county, of the payee or obligee, at the time of the execution of such instrument, is the place of delivery, whether the instrument has been assigned or not. Where no place of delivery is fixed, and the property is too ponderous to be easily removed, or the payee or obligor did not at the time of the execution of the instrument have a known place of residence, the place of delivery is at the residence of the obligor or maker. A tender of the property called for in the instrument at such places, exonerates the maker or obligor of his liability, and vests the property in the holder of such instrument. When the property called for is of a perishable nature, or the owner of such instrument is absent at the time of the tender, then the obligor or maker making the tender is to preserve, feed, or otherwise take care of the same; and for such reasonable care and expense the owner is liable, and

(a) 2 California Statutes, 522; 3 Kent's Com. p. 101..

the obligor or maker is entitled to possession of such property until paid.

All persons assigning such instruments are liable to the assignee or assignees on failure to collect the money or property called for by the instrument; but to fix the liability of the assignors in favor of the holder, the holder must, within sixty days after the maturity of such instrument, bring an action against the maker or obligor, and prosecute the same to judgment and execution, and on failure to recover, the assignors, or either of them, are liable to the holder.

Where the obligor or maker, at the time of the maturity of such instruments, or within twenty days thereafter, shall have left the state, or absconded, or the institution of suit unavailing, the holder can recover on the instrument from any of the indorsers standing before him. The first assignor is liable to the second, and so on ad infinitum.

The executor or administrator of obligors, makers and assignors are liable, and suits by and against them may be brought and maintained. (a)

(a) 1 California Statutes, 333.

CHAPTER VI.

MARRIAGE, HUSBAND AND WIFE, AND DIVORCE.

A CONTRACT of marriage may be entered into in this state between white persons, the male being over the age of twenty one, and the female over the age of eighteen years, and not of kin within the second degree.

Where the parties are under that age, they must have the consent of parent or guardian, or other person under whose care and government such minor may be. If the contract affects or creates a lien on real estate, it must be reduced to writing and signed by the parties, and acknowledged or proved as deeds are, and put upon record in the county where the parties reside, as well as in the county where any of the lands to be affected thereby are situated; and from the time of its being recorded the property is held by it. It may be altered and changed at any time before the contract has been celebrated, but not afterwards. After the celebration of the marriage contract, the contract in reference to property will govern, except where there is a provision in the contract making a different order of descent or inheritance, either with respect to themselves or amongst their children. Contracts, too, that derogate from the husband his rights by law as the head of the family, and his right to control the wife and children, or from the survivor of either as the guardian of children, are void and of no effect.

If the contract is entered into between minors, and the real estate is affected by it, the consent of the parent, guardian or other person having the control of such minor, must be given in writing. All contracts between persons within the second degree of kindred, and between a white person and negro or mulatto, are void, and if the contract is cele