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MAY HOLD PROPERTY-INCOME, HOW APPLIED..

Sec. 616, C. C. Any corporation organized to establish and maintain, or to improve, a cemetery, may take and hold any property bequeathed, granted, or given to it in trust, to apply the proceeds or income thereof to any and all of the following purposes : To the improvement or embellishment of such cemetery or of any lot therein; or to the erection, renewal, repair, or preservation of any monument, fence, or other structure in such cemetery; or to the planting or cultivation of trees, shrubs, or plants in or around such cemetery, or any lot therein; or to the improving, ornamenting, or embellishing of such cemetery, or any lot therein, in any other mode or manner not inconsistent with the purposes for which such cemetery was established or is being maintained. Such property and the proceeds or income thereof shall be invested and reinvested in bonds of the United States, or of this state, or of any municipality of this state, or in first mortgages on real estate, or in centrally located income producing improved real estate in any city, or city and county in this state, if such investment is not repugnant to the terms of the bequest, grant or gift. En. Stats. 1895, 162. Amd. 1900-01, 84.

Legislative History.

The original section has the words “by such corporation" after the word “reinvested,” and has not the word “first” before "mort. gages," or the words “or in centrally located, income producing, improved real estate in any city, or city and county, in this state.'

Section Cited.

Estate of Gay, 138 Cal. 557, 94 Am. St. Rep. 70, 71 Pac. 707.

Annotation.

Construction of Section, Trust to Preserve Grave.—This section authorizes corporations formed to improve cemeteries to take and hold property bequeathed in trust, and to apply the proceeds "to the improvement .... of any lot” in a cemetery. There is nothing in the statute which, by implication or otherwise, can authorize a court to determine a bequest to preserve a private grave to be a charitable use. (Estate of Gay, 138 Cal. 557, 94 Am. St. Rep. 70, 71 Pac. 707.)

TITLE XIV.

AGRICULTURAL FAIR CORPORATIONS.

$ 620. May acquire and hold real estate, how much. $ 621. Shall not contract debts or liabilities exceeding amount in

treasury. $ 622. Not for profit-May fix fee, etc., for membership.

MAY ACQUIRE AND HOLD REAL ESTATE, HOW MUCH.

Sec. 620, C. C. Agricultural fair corporations may purchase, hold, or lease any quantity of land, not exceeding in the aggregate one hundred and sixty acres, with such buildings and improvements as may be erected thereon, and may sell, lease, or otherwise dispose of the same, at pleasure. This real estate

. must be held for the purpose of erecting buildings and other improvements thereon, to promote and encourage agriculture, horticulture, mechanics, manufactures, stock-raising, and general domestic industry. En. March 21, 1872.

Legislative History.

This title is based upon the agricultural fair act of 1859, page 104.

SHALL NOT CONTRACT DEBTS OR LIABILITIES EXCEEDING

AMOUNT IN TREASURY. Sec. 621, C. C. Such corporation must not contract any debts or liabilities in excess of the amount of money in the treasury at the time of contract, except for the purchase of real property, for which they may create a debt not exceeding five thousand dollars, secured by mortgage on the property of the corporation. The directors who vote therefor are personally liable for any debt contracted or incurred in violation of this section. En. March 21, 1872.

Legislative History.
For basis of section, see sec. 620, C. C., ante.

Corporation Laws—29

NOT FOR PROFIT-MAY FIX FEE, ETC., FOR MEMBERSHIP.

Sec. 622, C. C. Agricultural fair corporations are not conducted for profit, and have no capital stock or income other than that derived from charges to exhibitors and fees for membership, which charges, together with the term of membership and mode uf acquiring the same, must be provided for in their by-laws. Such fees must never be greater than to raise sufficient revenue to discharge the debt for the real estate and the improvements thereon, and to defray the current expenses of fairs. En. March 21, 1872.

Legislative History.

For basis of section, see sec. 620, C. C., ante.

TITLE XV.

GAS CORPORATION.

§ 628. Corporations to obtain privilege from city or town and use

meters proved by the inspector. § 629. Gas to be supplied on written application-Damages for re

fusal. $ 630. When corporations may refuse to supply gas. § 631. Agent of corporation may inspect meters.

632. When persons neglect to pay, gas may be shut off.

CORPORATIONS TO OBTAIN PRIVILEGE FROM CITY OR TOWN

AND USE METERS PROVED BY THE INSPECTOR. Sec. 628, C. C. No corporation hereafter formed must supply any city or town with gas, or lay down mains or pipes for that purpose in the streets or alleys thereof, without permission from the city or town authorities, granted in pursuance of the provisions of the Political Code or of statutes expressly continued by such code. Nor must such corporation furnish or use any gas-meter which has not been proved and sealed by the inspector of gas-meters. En. March 21, 1872.

The Constitution of 1879 gives the right to lay gaspipes in streets under certain conditions: Const., art, XI, sec. 19.

Legislative History.

The basis of this title is the act of 1863, page 647, for the inspection of gas-meters, and the protection of gas consumers.

GAS TO BE SUPPLIED ON WRITTEN APPLICATION-DAM

AGES FOR REFUSAL. Sec. 629, C. C. Upon the application in writing of the (wner or occupant of any building or premises distant not more than one hundred feet from any main of the corporation, and payment by the applicant of all money due from him, the corporation must supply gas as required for such building or premises, and cannot refuse on the ground of any indebtedness of any former owner or occupant thereof, unless the applicant has undertaken to pay the same. If, for the space of ten days after such application, the corporation refuses or neglects to supply the gas required, it must pay to the applicant the sum of fifty dollars as liquidated damages, and five dollars a day as liquidated damages for every day such refusal or neglect continues thereafter. En. March 21, 1872.

Legislative History,

For basis of section, see sec. 628, C. C., ante.

Section Cited.

Capital Gas Co. v. Young, 109 Cal. 144, 41 Pac. 869.

Annotation.

Demand and Refusal.- Under this section, the gas company is not a free agent with power to contract or refuse to do so, but it becomes its duty, upon demand, to furnish gas to the city, irrespective of the question whether the mayor is a stockholder in the company or not. This duty is cast upon it by operation of law, and not by virtue of any contract. (Capital Gas Co. v. Young, 109 Cal. 144, 41 Pac. 869.)

A gas company ordinarily has the right to charge rent for meters and ordinarily receives compensation in the charge for gas consumed, but where the value of the gas consumed is not one-sixth of the expense of the meter, it may charge a rental for the meter. (Smith v. Capital City Gas Co., 132 Cal. 209, 64 Pac. 258.)

And an action is not sustainable under this section against a gas company, when a consumer refuses to furnish a meter or to pay a reasonable rent therefor. (Smith v. Capital City Gas Co., 132 Cal. 209, 64 Pac. 258.)

An electric light and gas company, having a municipal franchise to supply the inhabitants of the city with gas and electricity, is bound to operate its works, and a lease thereof to a third party is ultra vires and void as against public policy. (Visalia etc. Co. v. Sims, 104 Cal. 326, 43 Am: St. Rep. 105, 111, 37 Pac. 1042.)

WHEN CORPORATIONS MAY REFUSE TO SUPPLY GAS.

Sec. 630, C. C. No corporation is required to lay service pipe where serious obstacles exist to laying it, unless the applicant, if required, deposits in advance, with the corporation, a sum of money sufficient to pay the cost of laying such service pipe, or his proportion thereof. En. March 21, 1872.

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