opportunity to do so, must, upon demand, pay ten per cent in addition to the regular rate. Enacted March 21, 1872. Ejection of passenger for non-payment of fare: Civ. C. § 487. Fare not payable after ejection. § 2190. After having ejected a passenger, a carrier has no right to require the payment of any part of his fare. Enacted March 21, 1872. Carrier's lien. § 2191. A common carrier has a lien upon the luggage of a passenger for the payment of such fare as he is entitled to from him. This lien is regulated by the title on "Liens." Enacted March 21, 1872. 2203. Carrier's services, other than carriage and delivery. 2204. Sale of perishable property for freight. Liability of inland carriers for loss. § 2194. Unless the consignor accompanies the freight and retains exclusive control thereof, an inland common carrier of property is liable, from the time that he accepts until he relieves himself from liability pursuant to sections 2118 to 2122, for the loss or injury thereof from any cause whatever, except: 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. Enacted March 21, 1872. 101 Cal. 194; VIII Cal. App. Dec. 391, 394. Selling perishable articles: Civ. C. § 2204. When carriers guilty of embezzlement: See Pen. C. § 505. When exemptions do not apply. § 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. Amended March 21, 1905; stats. 1905, p. 615. NOTE. § 2195. The change consists in the substitution of the words "want of ordinary care" for "ordinary negligence." Liability for delay. § 2196. A common carrier is liable for delay only when it is caused by his want of ordinary care and diligence. Amended March 30, 1874; amendts. 1873-4, p. 251. 101 Cal. 193. Liability of marine carriers. § 2197. A marine carrier is liable in like manner as an inland carrier, except for loss or injury caused by the perils of the sea or fire. Enacted March 21, 1872. Same. § 2198. The liability of a common carrier by sea is further regulated by acts of congress. Enacted March 21, 1872. Perils of sea, what. § 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. Enacted March 21, 1872. 76 Cal. 147, 148. Consignor of valuables to declare their nature. § 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 other 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. Amended March 30, 1874; amendts. 1873-4, p. 251. 84 Cal. 313, 314; 118 Cal. 689. Delivery of freight beyond usual route. § 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. Enacted March 21, 1872. 57 Cal. 463; 101 Cal. 195; 118 Cal. 651. Proof to be given in case of loss. $ 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. Enacted March 21, 1872. Carriers' service, other than carriage and delivery. § 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. Enacted March 21, 1872. Sale of perishable property for freight. § 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. Enacted March 30, 1874; amendts. 1873-4, p. 251. ARTICLE IV. Common Carriers of Messages. (Telephone and Telegraph corporations: See, also, Civ. C. §§ 536 to 540.) SEC. 2207. 2208. Order of transmission of telegraphic messages. Damages when message is refused or postponed. Order of transmission of telegraphic messages. § 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. Enacted March 21, 1872. Neglect: See Pen. C. § 638. Order in other cases. § 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. Enacted March 21, 1872. Damages when message is refused or postponed. § 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. Enacted March 21, 1872. POLITICAL CODE. PORTIONS RELATING TO PRIVATE CORPORATIONS. SEC. 10. 11. 17. Holidays. Holidays. Same. PRELIMINARY PROVISIONS. Words and terms used in the Political Code, definition of. § 10. Holidays, within the meaning of this code, are every Sunday, the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the ninth day of September, the first Monday in September, the twelfth day of October to be known as "Discovery Day," the twenty-fifth day of December, every day in which an election is held throughout the state, and every day appointed by the president of the United States or by the governor of this state for a public fast, thanksgiving or holiday. If the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the ninth day of September, the twelfth day of October or the twenty-fifth day of December fall upon a Sunday, the Monday following is a holiday. Every Saturday from twelve o'clock noon until twelve o'clock midnight is a holiday as regards the transaction of business in the public offices of the state, and also in political divisions thereof where laws, ordinances or charters provide that public offices may be closed on holidays; provided, this shall not be construed to prevent or invalidate the issuance, filing, service, execution or recording of any legal process or written instrument whatever on such Saturday afternoons. Amended February 19, 1909; stats. 1909, p. 23; in effect in sixty days. 147 Cal. 776. Similar provisions: Civ. C. § 7; Code Civ. Proc. § 10. |