Transfer of franchise CHAPTER CCLXXI. An act to amend the Civil Code of the State of California, by adding a new section thereto to be numbered and known as section three hundred and sixty-one a, relating to transfers of the business, franchises and property of corporations. [Approved March 24, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. The Civil Code of the State of California is hereby amended by adding a new section thereto, to be numbered and known as section three hundred and sixty-one a, and to read as follows: 361a. No sale, lease, assignment, transfer or conveyance of of corpora- the business, franchise and property, as a whole, of any corpotion not ration now existing, or hereafter to be formed in this state, out consent shall be valid without the consent of stockholders thereof, valid with of stock holders. holding of record at least two thirds of the issued capital stock of such corporation; such consent to be either expressed in writing, executed and acknowledged by such stockholders, and attached to such sale, lease, assignment, transfer or conveyance, or by vote at a stockholders' meeting of such corporation called for that purpose; but with such assent, so expressed, such sale, lease, assignment, transfer or conveyance shall be valid; provided, however, that nothing herein contained shall be construed to limit the power of the directors of such corporation to make sales, leases, assignments, transfers or conveyances of corporate property other than those herein above set forth. Diligence in appropriation of water. CHAPTER CCLXXII. An act to amend section one thousand four hundred and sixteen, of the Civil Code, and to add one new section to the Civil Code, to be numbered one thousand four hundred and twenty-two, relating to appropriation of water, and work to be done by the claimant. [Approved March 24, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Section one thousand four hundred and sixteen of the Civil Code is hereby amended so as to read as follows: 1416. Within sixty days after the notice is posted, the claimant must commence the excavation or construction of the works in which he intends to divert the water, or the survey, road or trail building, necessarily incident thereto, and must prosecute the work diligently and uninterruptedly to completion, unless temporarily interrupted by snows or rain; provided, that if the erection of a dam has been recommended by the California débris commission at or near the place where it is intended to divert the water, the claimant shall have sixty days after the completion of such dam in which to commence the excavation or construction of the works in which he intends to divert the water. SEC. 2. One new section is hereby added to the Civil Code to be numbered one thousand four hundred and twenty-two, as follows: in which to on public tions. 1422. If the place of intended diversion or any part Time withof the route of intended conveyance of water so claimed, be commence within, and a part of, any national park, forest reservation, excavation or other public reservation, and be so shown in the notice of reservaappropriation of said water, then the claimant shall have sixty days, after the grant of authority to occupy and use such park or reservation for such intended purpose, within which to commence the excavation or construction of said works; provided that within sixty days after the posting of said notice of appropriation, as provided in section 1415 of the Civil Code, the claimant shall in good faith commence (and thereafter diligently and continuously, except when temporarily interrupted by snow or rain, prosecute to completion) such surveys and other work as under the regulations governing such park or reservations, may be required as preliminary to, or for use with, an application for such authority; and provided also that the claimant shall in good faith on completion of said survey and preliminary work, apply to the officer, board, or body, having charge of such park or reservation, for such authority, and shall thereafter, prosecute said application with reasonable diligence. SEC. 3. This act shall take effect immediately. CHAPTER CCLXXIII. An act making an appropriation to pay the claim of George M. Hawley, as the duly qualified and acting administrator of the estate of James E. Hale, deceased, and Thomas M. Nosler, against the State of California, and providing the manner of paying the same. [Approved March 24, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: claim of SECTION 1. There is hereby appropriated out of any money Appropriahereafter collected by the State of California from the United tion to pay States for costs, charges and expenses incurred by said state for George M. enrolling, clothing, supplying, arming, equipping, paying and and Thos. transporting its troops employed in aiding to suppress the M. Nosler. Hawley Duty of controller. insurrection in the United States existing on the 27th day of SEC. 2. The controller of the State of California is hereby directed to draw his warrants in favor of said George M. Hawley, as the duly qualified and acting administrator of the estate of James E. Hale, deceased, and Thomas M. Nosler, their successors or assigns, for said twenty-five per cent on all sums of money hereafter collected from the United States on said accounts, as and when collected, but in no event shall said amount to be paid to said Hawley and Nosler exceed the sum of $50,000, in the aggregate; and the treasurer of the State of California is hereby directed to pay the same. SEC. 3. This act and the claim hereby provided for are excepted from the provisions of section 672 of the Political Code. SEC. 4. This act shall take effect from and after its passage. Porter for state treasury. CHAPTER CCLXXIV. An act to add a new section to the Political Code of the State of California, to be known as section 460, relating to the office of the treasurer of state. [Approved March 24, 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 Political Code of the State of California, to be known as section four hundred and sixty (460), the same to read as follows: 460. The treasurer may employ a porter at an annual salary of seven hundred and twenty dollars. SEC. 2. This act shall take effect immediately. CHAPTER CCLXXV. An act to prevent injury to oil or petroleum bearing strata or formations by the infiltration or intrusion of water therein. [Approved March 24, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: drilled in cased. SECTION 1. It shall be the duty of the owner of any well Wells that may be drilled in the State of California on lands pro- oil-bearing ducing or containing oil or petroleum, to properly case such strata to be well with metal casing, in accordance with the best approved methods, landing the casing in the clay or other water-impervious strata or formation immediately underlying the surface water-bearing sands or strata, and also to, if the well be drilled to a sufficient depth, land the casing in the clay or other water-impervious strata or formation underlying such oil or petroleum producing or bearing sands or strata, and effectually shut off all water overlying and underlying the oil or petroleum producing or bearing sands or strata, and effectually prevent any water from penetrating such oil or petroleum producing or bearing sands or strata. doned earth. SEC. 2. It shall be the duty of the owner of any well Abanreferred to in section one of this act, before abandoning same, wells to be to withdraw the casing therefrom and securely fill such well filled with with clay, earth or mortar, or other good and sufficient materials, used alone or in suitable combination and thoroughly packed and tamped in the well, to a point 100 feet above the upper oil or petroleum bearing or producing sand or strata, and while withdrawing the casing therefrom, and effectually shut off and exclude all water underlying and overlying such oil or petroleum bearing or producing sand or strata from penetrating such sand or strata. SEC. 3. The term "owner" as herein used shall mean and "Owner" defined. include each and every person, persons, copartnership, partnership, association or corporation owning, managing, operating, controlling or possessing any well mentioned in sections one and two of this act, either as principal or principals, lessee or lessees of such principal or principals, and their and each of their employés; the term "oil or petroleum producing or bear- "Oil ing sand or strata" as herein used shall mean and include any bed, seam or stratum of rock or sand or other material which contains, includes or yields earth oil, rock oil, or petroleum oil or natural gas or either of them. SEC. 4. Any violation of the provisions of this act shall be deemed a misdemeanor. strata defined. Removal of encroach ways. CHAPTER CCLXXVI. An act to provide for the care, management, and protection of state highways. [Approved March 24, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. If any state highway duly declared, laid out, or ments from erected, is encroached upon by fences, buildings, or otherwise, state high the highway commissioner of California may require the removal of the encroachment. Notice must be given to the occupant or owner of the land or person causing or owning said encroachment, or must be left at his place of residence, if such be known to the commissioner, or in case of a non-resident, then left with his agent if known, otherwise it must be posted on the encroachment. Said notice must specify the breadth of the state highway, the place and extent of the encroachment, and require him to remove the same within five days. Penalty for failure to remove. Action to compel removal. May be removed by commissioner. Obstructions by means of ditches; penalty. SEC. 2. If the encroachment is not removed, or commenced to be removed and diligently prosecuted prior to the expiration of the five days from the service or the posting of the notice, the one who caused, owns, or controls the encroachment forfeits ten dollars for each day the same continue unremoved. If the encroachment is such as to effectually obstruct and prevent the use of the road for vehicles, the state highway commissioner must forthwith remove the same. SEC. 3. If the encroachment is denied, and the owner, occupant, or person controlling the matter or thing charged as being an encroachment refuses to remove or permit the removal thereof, the state highway commissioner must commence in the proper court an action to abate the same as a nuisance. If he recovers judgment, he may, in addition to having the same abated, recover ten dollars for every day such nuisance remained after such notice, and also his costs in his said action. SEC. 4. If the encroachment is not denied, but is not removed for five days after the notice given as herein before provided, the state highway commissioner may remove the same at the expense of the owner, occupant, or person controlling the same, and recover his costs and expenses, and also ten dollars for each day the same remains after said five days' notice, in an action for that purpose. SEC. 5. Whoever obstructs or injures any state highway, or diverts any watercourse thereon, or drains water from his land on any highway, to the injury thereof, by means of ditches or dams, is liable to a penalty of ten dollars for each day such obstruction or injury remains, and must be punished as provided in section five hundred and eighty-eight of the Penal Code. Any person, persons, or corporations, who shall, |