Title 18 — Business Structure and Function
60 chapters · 1,419 sections in this title.
18 GCA § 41101 Depositor; Indemnifying Depositary
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The depositor must indemnify the depositary: 1. For all damage caused to him by the defects or vices of the thing deposited; and 2. For all expenses necessarily incurred by him about the thing, other than such as are involved in the nature of the undertaking. SOURCE: CC § 1833.
18 GCA § 41102 Obligation of Depositary of Animals
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A depositary of living animals must provide them with suitable food and shelter, and treat them kindly. SOURCE: CC § 1834.
18 GCA § 41103 Obligation Regarding Use
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COL120106 A depositary may not use the thing deposited, or permit it to be used, for any purpose, without the consent of the depositor, open it without the consent of the latter, except in case of necessity. SOURCE: CC § 1835.
18 GCA § 41104 Damages for Wrongful Use
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A depositary is liable for any damage happening to the thing deposited, during his wrongful use thereof, unless such damage must inevitably have happened though the property had not been thus used. SOURCE: CC § 1836.
18 GCA § 41105 Sale; Perishables
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If a thing deposited is in actual danger of perishing before instructions can be obtained from the depositor, the depositary may sell it for the best price obtainable, and retain the proceeds as a deposit, giving immediate notice of his proceedings to the depositor. SOURCE: CC § …
18 GCA § 41106 Injury or Loss to Thing Deposited
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If a thing is lost or injured during its deposit, and the depositary refuses to inform the depositor of the circumstances under which the loss or injury occurred, so far as he has information concerning them, or willfully misrepresents the circumstances to him, the depositary is …
18 GCA § 41107 Services by Depositary
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So far as any service is rendered by a depositary, or required from him, his duties and liabilities are prescribed by Part 7 of this Title. SOURCE: CC § 1839.
18 GCA § 41108 Depositary's Liability
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The liability of a depositary for negligence cannot exceed the amount which he is informed by the depositor, or has reason to suppose the thing deposited to be worth. SOURCE: CC § 1840. NOTE: No 1970 Civil Code '§ 1841-1843 existed. COL120106 ---------- ARTICLE 2 GRATUITOUS DEPOS…
18 GCA § 41201 Gratuitous Deposit
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Gratuitous deposit is a deposit for which the depositary receives no consideration beyond the mere possession of the thing deposited. SOURCE: CC § 1844.
18 GCA § 41202 Involuntary Deposit
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An involuntary deposit is gratuitous, the depositary being entitled to no reward. SOURCE: CC § 1845.
18 GCA § 41203 Care of Gratuitous Depositary
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A gratuitous depositary must use at least slight care for the preservation of the thing deposited. SOURCE: CC § 1846.
18 GCA § 41204 When Duties Cease
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The duties of a gratuitous depositary cease: 1. Upon his restoring the thing deposited to its owner; or 2. Upon his giving reasonable notice to the owner to remove it, and the owner failing to do so within a reasonable time. But an invol- untary depositary, under '40103(2) of thi…
18 GCA § 41301 Deposit for Hire
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A deposit not gratuitous is called storage. The depositary in such case is called a depositary for hire. SOURCE: CC § 1851.
18 GCA § 41302 Degree of Care Required
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A depositary for hire must use at least ordinary care for the preservation of the thing deposited. SOURCE: CC § 1852.
18 GCA § 41303 Fractional Week Compensation
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In the absence of a different agreement or usage, a depositary for hire is entitled to one week's hire for the sustenance and shelter of living animals during any fraction of a week, and to one-half month's hire for the storage of any other property during any fraction of a half …
18 GCA § 41304 Termination of Deposit
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In the absence of an agreement as to the length of time during which a deposit is to continue, it may be terminated by the depositor at any time, and by the depositary upon reasonable notice. SOURCE: CC § 1854.
18 GCA § 41305 Payment on Termination
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Notwithstanding an agreement respecting the length of time during which the deposit is to continue, it may be terminated by the depositor on COL120106 paying all that would become due to the depositary in case of the deposit so continuing. SOURCE: CC § 1855.
18 GCA § 41306 Lien, Storage, Generally
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A depositary for hire has a lien for storage charges and for advances and insurance incurred at the request of the bailor, and for money necessarily expended in and about the care, preservation and keeping of the property stored, and he also has a lien for money advanced at the r…
18 GCA § 41307 Storage Property Sold
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If from any cause other than want of ordinary care and diligence on his part, a depositary for hire is unable to deliver perishable property, baggage, or luggage received by him for storage, or to collect his charges for storage due thereof, he may cause such property to be sold,…
18 GCA § 41401 Liability of Innkeepers
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The liability of an innkeeper, hotel keeper, operator of a licensed hospital, rest home or sanitarium, furnished apartment house keeper, furnished bungalow court keeper, furnished mobile home keeper, boardinghouse or lodging house keeper, for losses of or injuries to personal pro…
18 GCA § 41402 Notice of Nonliability
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If an innkeeper, hotel keeper, operator of a licensed hospital, rest home or sanitarium, boardinghouse or lodging house keeper, keeps a fireproof safe and gives notice to a guest, patient, boarder or lodger, either personally or by putting up a printed notice in a prominent place…
18 GCA § 41403 Lien of Innkeepers
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Hotel, motel, inn, boardinghouse and lodging house keepers shall have a lien upon the baggage and other property belonging to or legally under the control of their guests, or boarders, or lodgers which may be in such hotel, COL120106 motel, inn, or boarding or lodging house for t…
18 GCA § 41404 Lien of Keepers of Apartments, etc
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Keepers of apartment houses, apartments, cottages, mobile homes, or bungalow courts shall have a lien upon the baggage and other property of value belonging to their tenants or guests, and upon all the right, title and interest of their tenants and guests in and to all property i…
18 GCA § 41405 Sale of Unclaimed Baggage
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Whenever any trunk, carpetbag, valise, box, bundle, baggage or other personal property has heretofore come, or shall hereafter come into the COL120106 possession of the keeper of any hotel, inn, or any boardinghouse or lodging house, apartment house, mobile home park, or bungalow…
18 GCA § 41406 Keeper to Post Rates of Charges
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Every keeper of a hotel, inn, boarding or lodging house, shall post in a conspicuous place in the office or public room and in every bedroom of said hotel, boardinghouse, inn, or lodging house, a printed copy of this section, and a statement of charges or rate of charges by the d…
18 GCA § 41407 Keeper to Maintain Register
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COL120106 Every keeper of a hotel, inn, boarding or lodging house shall keep for a period of three years a register which shall show the name, residence, date of arrival and departure of his guests. Violation of this section shall constitute a violation punishable by a fine not t…
18 GCA § 41501 Obligation of Finder
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One who finds a thing lost is not bound to take charge of it, but if he does so he is thenceforward a depositary for the owner, with the rights and obligations of a depositary for hire. SOURCE: CC § 1865.
18 GCA § 41502 Finder of Property, Generally
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If a finder of a thing, other than a domestic animal, takes possession thereof, or if a person saves any such animal from drowning or starvation, he must, within a reasonable time, inform the owner thereof, if known, and make restitution to him upon demand, without compensation, …
18 GCA § 41503 Claimant Must Prove Ownership
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The finder of a thing may, in good faith, before giving it up, require reasonable proof of ownership from any person claiming it. SOURCE: CC § 1867.
18 GCA § 41504 Reward to Finder
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The finder of a thing is entitled to compensation for all expenses necessarily incurred by him in its preservation, and for any other service necessarily performed by him about it, and to a reasonable reward for keeping it. SOURCE: CC § 1868.
18 GCA § 41505 Finder may Place in Storage
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The finder of a thing may exonerate himself from liability at any time by placing it in storage with any responsible person of good character, at a reasonable expense. SOURCE: CC § 1869.
18 GCA § 41506 When Finder may Sell
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The finder of a thing may sell it, if it is a thing which is commonly the subject of sale, when the owner cannot, with reasonable diligence, be found, or refuses upon demand to pay the lawful charges of the finder, in the following cases: 1. When the thing is in danger of perishi…
18 GCA § 41507 How Sale is Made
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A sale under the provisions of the last section must be made in the same manner as the sale of a thing pledged. SOURCE: CC § 1871. COMMENT: That part of the Civil Code dealing with the pledges was repealed by P.L. 13-150 and replaced by appropriate parts of Title 13 of this Code …
18 GCA § 41508 Ownership Going to Finder
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If no owner appears within three months after such finding or saving and offers reasonable proof of his ownership, and compensates, or in good faith, offers to compensate, the finder or saver for the expense necessarily incurred by him, then such property vests in such finder or …
18 GCA § 41509 Property Abandoned
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The provisions of this Article have no application to things which have been intentionally abandoned by their owners. SOURCE: CC § 1873. This Article was renumbered from Article IV by P.L. 9-245. ----------- NOTE: No 1970 Civil Code '§ 1874-1877 existed. ---------- COL120106 COL1…