An Act to Establish a Civil Code: Jan. 14, 1885

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1885 - 404 pages

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Page 154 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true ; 2.
Page 95 - THIS INDENTURE, made this day of , in the year One thousand, nine hundred and , between of , the party of the first part...
Page 360 - Whenever, by the terms of an obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of his failure to comply with its provisions, he may be relieved therefrom, upon making full compensation to the other party, except in case of a grossly negligent, willful, or fraudulent breach of duty.
Page 394 - This indenture, made the day of nineteen hundred and , between , (insert residence) party of the first part, and , (insert residence) party of the second part: Witnesseth, that the party of the first part...
Page 166 - The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.
Page 23 - As between parents adversely claiming the custody or guardianship, neither parent is entitled to it as of right; but other things being equal, if the child is of tender years, it should be given to the mother; if it is of an age to require education and preparation for labor and business then to the father ; 3.
Page 248 - One who assumes to act as an agent is responsible to third persons as a principal for his acts in the course of his agency, in any of the following cases, and in no others : 1. When, with his consent, credit is given to him personally in a transaction ; 2.
Page 20 - A legitimate child cannot be adopted without the consent of its parents, if living; nor an illegitimate child without the consent of its mother, if living; except that consent is not necessary from a father or mother deprived of civil rights, or adjudged guilty of adultery or cruelty 4 and for either cause divorced, or adjudged to be habitually intemperate in the use of intoxicants, or who has been judicially deprived of the custody of the child on account of cruelty or neglect.
Page 45 - Subject to the provisions of this article, a freehold estate as well as a chattel real may be created to commence at a future day ; an estate for life may be created in a term of years...
Page 10 - A subsequent marriage contracted by any person during the life of a former husband or wife of such person, with any person other than such former husband or wife is illegal and void from the beginning, unless: 1.

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