necessary for its submission to the people, and for returning, canvassing, and proclaiming the votes, and as to said excepted provisions this act shall take effect immediately. to the ratifica tion. SEC. 9. This act shall be submitted to the people of the shall be State of California for their ratification at the next general submitted election, to be holden in the month of November, A. D. nine- people for teen hundred and four; and all ballots at said election shall have printed thereon, and at the end thereof, the words "For the San Francisco Seawall Act," and in a separate line under the same the words "Against the San Francisco Seawall Act," and opposite said lines there shall be left spaces in which the voters may make or stamp a cross to indicate whether they vote for or against the said act, and those voting for said act shall do so by placing a cross opposite the words "For the San Francisco Seawall Act," and all those voting against the said act shall do so by placing a cross opposite the words "Against the San Francisco Seawall Act." The governor of this state shall include the submission of this act to the people, as aforesaid, in his proclamation calling for said general election. of votes. SEC. 10. The votes cast for or against this act shall be Canvass counted, returned and canvassed and declared in the same manner and subject to the same rules as votes cast for state officers; and if it appear that said act shall have received a majority of all the votes cast for and against it at such election, as aforesaid, then the same shall have effect as hereinbefore provided, and shall be irrepealable until the principal and interest of the liabilities herein created shall be paid and discharged, and the governor shall make proclamation thereof; but if a majority of the votes cast as aforesaid are against this act, then the same shall be and become void. SEC. 11. This act may be known and cited as the "San Name of Francisco Seawall Act." SEC. 12. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. act. CHAPTER CCXII. An act amending the Civil Code of the State of California, by adding thereto a new section, numbered 605, authorizing corporations now or hereafter organized for purposes other than profit to consolidate their debts, property, assets and franchises, with any other like associations or corporations, either created under the laws of the State of California or under the laws of any other state or territory. [Approved March 20, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. A new section is hereby added to the Civil Code of the State of California, numbered section 605, to read as follows: Corpora tions other than for consolidate 605. Any corporation, now or hereafter organized for purposes other than profit, may consolidate its debts, property, profit may assets and franchises, with any other like association or corpodebts, etc. ration, either created under the laws of the State of California or under the laws of any other state or territory, in such manner as may be agreed upon by the respective boards of directors, or trustees, of such corporations; provided, however, that no such consolidation shall take place without the written consent of three fifths () of the boards of directors, or trustees, of each of the corporations so consolidating, and such consolidation must not in any way relieve either of the corporations parties to it from any or all just debts or liabilities; provided, Must give further, that in case of any such consolidation, due notice of the same must be given by advertisement published for one month in at least one newspaper published at the place of the principal business of each of the corporations so consolidating. When their consolidation is completed, a copy of the new articles of incorporation must be filed with the secretary of state, in the same manner as the original articles of incorporation are required to be filed. public notice. New articles must be filed. SEC. 2. This act shall take effect immediately. Metallic furnishings for office of surveyorgeneral. CHAPTER CCXIII. An act authorizing the state surveyor-general to furnish his office and vault therein, and making an appropriation therefor. [Approved March 20, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. The state surveyor-general is hereby authorized to furnish his office in the state capitol with modern metallic filing and book cases; to furnish the vault in his office with modern metallic fixtures, and such other furnishings, fixtures, and repairs in the said office and vault therein, as he may deem necessary for the proper transaction of the business of his office and the better protection of moneys, books, bonds, vouchers, papers and documents committed to his official care. SEC. 2. There is hereby appropriated out of any money in the state treasury not otherwise appropriated, for the purpose herein authorized, the sum of five thousand dollars, or so much thereof as may be necessary. SEC. 3. The state board of examiners shall examine, audit, and allow all demands arising under this act, and the state controller shall thereupon draw his warrant therefor, payable out of the general fund, and the state treasurer is hereby directed to pay the same. SEC. 4. This act shall be exempt from the provisions of an Exemp act approved March twenty-third, eighteen hundred and tion. seventy-six, relating to erections and buildings. SEC. 5. This act shall be in force and take effect from and after January first, nineteen hundred and four. CHAPTER CCXIV. An act to repeal an act, entitled "An act concerning the fees of jurors and witnesses in the city and county of San Francisco," approved February 27th, 1866. [Approved March 20, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. An act entitled "An act concerning jurors and Act conwitnesses in the city and county of San Francisco," approved jurors February 27th, 1866, is hereby repealed. SEC. 2. This act shall take effect and be in force from and after its passage. cerning repealed. CHAPTER CCXV. An act to amend section three hundred and seven of the Civil Code of the State of California, relating to the election of directors and the manner of voting for the same. [Approved March 20, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Section three hundred and seven of the Civil Code is hereby amended so as to read as follows: tors: how 307. All elections must be by ballot, and every stockholder Elections shall have the right to vote in person or by proxy the number of direc of shares standing in his name, as provided in section three conducted. hundred and twelve of this code, for as many persons as there are directors to be elected, or to cumulate said shares and give one candidate as many votes as the number of directors multiplied by the number of his shares of stock shall equal, or to distribute them on the same principle among as many candidates as he shall think fit. The provisions of this section, so cumulafar as it relates to cumulative voting, shall apply to all cor- tive voting porations and associations doing business in this state, having be denied. a capital stock or shares of stock, and electing directors by a meeting of stockholders held in this state, whether such corporations or associations are organized under the laws of this shall not state or not and no election for directors of any corporation or association, doing business in this state, and electing directors in this state, shall be valid, if the right of a stockholder to cumulate his shares as herein provided shall be denied. In corporations having no capital stock, each member of the corporation may cast as many votes for one director as there are directors to be elected, or may distribute the same among any or all the candidates. In any case the director receiving the highest number of votes shall be declared elected. The provisions of this section, so far as it relates to cumulative voting, shall not apply to literary, religious, scientific, social or benevolent societies, having no capital stock or shares unless it shall be so provided in their by-laws or rules. Change of principal place of procedure. CHAPTER CCXVI. An act to amend section 321a, relating to the removal by corporations of their principal places of business, of an act entitled "An act to establish a Civil Code," approved March 21st, 1872. [Approved March 20, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Section 321a of the act entitled "An act to establish a Civil Code," approved March 21, 1872, is hereby amended so as to read as follows: 321a. Every corporation that has been or may be created under the general laws of this state may change its prinbusiness: cipal place of business from one place to another in the same county, or from one city or county to another city or county within this state. Before such change is made, the consent in writing, of the holders of two-thirds of the capital stock of the corporation must be obtained and filed in its office. When such consent is obtained and filed, notice of the intended removal or change must be published, at least once a week, for three successive weeks, in some newspaper published in the county, wherein said principal place of business is situated, if there is one published therein; if not, in a newspaper of an adjoining county, giving the name of the county or city where it is situated and that to which it is intended to remove it. Whenever any such change is made, a copy of the resolution or action of the board of directors authorizing the same together with a copy of an affidavit of the publication above required, all duly certified by the president and secretary of the corporation with the corporate seal affixed shall be filed in each office where the original articles of incorporation are, or any copy thereof is required to be filed. This section shall not be construed to require such consent, notice or publication in the case of any such removal from one location to another in the same city, town or village. CHAPTER CCXVII. An act to amend section seventy, relating to the solemnization of marriages, of an act entitled "An act to establish a Civil Code," approved March 21st, 1872. [Approved March 20, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Section seventy of the act entitled "An act to establish a Civil Code," approved March 21st, 1872, is hereby amended so as to read as follows: marriage 70. Marriage may be solemnized by either a justice of the By whom supreme court, judge of the superior court, justice of the peace, may be judge of any police court, city recorder, priest, or minister of celebrated. the gospel of any denomination. CHAPTER CCXVIII. An act to prevent the introduction, and provide for the investigation and suppression of contagious or infectious diseases, and appropriating money to be used for such purpose. [Approved March 20, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: prevention SECTION 1. The sum of one hundred thousand dollars Appropria($100,000) is hereby appropriated out of any moneys in the tion for state treasury not otherwise appropriated, to be expended by of conta gious disthe state board of health, under the direction of the governor, eases in for the prevention of the introduction of Asiatic cholera, the state. bubonic plague, smallpox or other contagious or infectious disease into this state, and for their investigation and suppression in case of their origin or introduction. The claims for such expenditures must be audited by the board of examiners, except that when, in the opinion of the governor, an emergency arises which demands or necessitates the immediate use of money for the purposes herein provided, the controller must draw his warrant in the name of the governor, without such audit, on account of the sum hereby appropriated, upon the order of the governor, in such sums, from time to time, not exceeding one thousand dollars ($1,000.00) at any one time, as he may direct. In cases where sums are so drawn upon the order of the governor, without audit by the board of examiners, vouchers must be thereafter filed with the controller, showing the manner and the purposes for which such sums have been expended. SEC. 2. This act takes effect immediately. |