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cutting, shall, upon conviction, be deemed guilty of a misdemeanor. [New section added March 14, 1901; Stats. 1901, p.

. 287.]

Sec. 21. Every animal which is unfit, by reason of its physical condition, for the purpose for which such animals are usually employed, and when there is no reasonable probability of such animal ever becoming fit for the purpose for which it is usually employed, shall be, by the owner or lawful possessor of the sanie, deprived of life within twelve hours after being notified by any peace officer, or officer of said society, to kill the same, and such owner, possessor, or person omitting or refusing to comply with the provisions of this section, shall, upon conviction, be deemed guilty of a misdemeanor, and after such conviction the court or magistrate having jurisdiction of such offense shall order any peace officer, or officer of said society, to immediately kill such animal; provided, that this shall not apply to such owner keeping any old or diseased animal belonging to him on his own premises with proper care. [New section added March 14, 1901; Stats. 1901, p. 287.]

Sec. 22. Any person or persons holding a lien or liens against any animal or animals under the provisions of this act may satisfy such lien as follows: If such lien be not paid, by the party or parties responsible, within three days after the obligation becomes due, then the party or parties holding such lien may resort to the proper court to satisfy the claim; or he or they, three days after the charges against such property becomes due, may sell the same, or such undivided fraction thereof as may become necessary, to defray the amount due and costs of sale, by giving three days' notice of the sale by advertising in some newspaper published in the county, or city and county, in which the lien has attached to the property; or, if there is no paper published in the county, then by posting notices of the sale in three of the most public places in the town or township for three days previous to the sale. Said notices shall contain on accurate description of the property to be sold, together with the terms of sale, which must be for cash, payable on the consummation of the sale. The proceeds of the sale must be applied to the discharge of the lien and the costs of sale; the remainder, if any, must be paid over to the owner, if known, and if not known must be paid into the treasury of the humane society of the county, or city and county, wherein the sale takes place; if no huinane society exists in the county, then the remainder shall be paid into the county treasury. [New section added March 14, 1901; Stats. 1901, p. 287.]

Legislative History.

The act of 1867-68, page 604, for the prevention of cruelty to animals, was continued in force by section 23 of the Penal Code, but was repealed by the act of 1873-74, page 502. The act of 1871-72, page 393, for the prevention of cruelty to animals, was also repealed by the act of 1873-74, page 502. The act of 1873-74 is given above.


CORPORATIONS TO PREVENT CRUELTY TO CHILDREN. An act for the incorporation of societies for the prevention of cruelty

to children.

[Approved April 3, 1876; Stats. 1875-76, 830.] § 1. Incorporation. § 2. Powers. § 3. Complaints. § 4. Peace officers to aid society. $ 5. Name of society.

Section 1. Any five or more persons of full age, a majority of whom shall be citizens and residents within the state, who shall desire to associate themselves together for the purpose of preventing cruelty to children, may make, sign, and acknowledge, before any person authorized to take acknowledgments of deeds of this state, and file in the office of the Secretary of State, and also in the office of the clerk of the county in which the business of the society is to be conducted, a certificate in writing, in which shall be stated the name or title by which said society shall be known in law, the particular business and objects of such society, the number of trustees, directors, or managers, to manage the same, and the names of the trustees, directors, or managers of the society for the first year of its eristence; but such certificate shall not be filed unless the written consent and approbation of the district judge of the district in which the place of business or principal office of such society shall be located, be indorsed on such certificate.

Sec. 2. Upon filing the certificate as aforesaid, the persons who shall have signed and acknowledged such certificate, and their associates and successors, shall thereupon, by virtue of this act, be a body politic and corporate by its name stated in such certificate, and as such shall have power :

First-To have perpetual succession by its corporate name.

Second-To sue and be sued, complain and defend, in any court of law or equity.

Third--To make and use a common seal, which may be affixed by making an impression directly in the paper, and alter the same at pleasure.

Fourth-To appoint such officers, managers, and agents, as the business of the corporation may require.

Fifth-To make by-laws, not inconsistent with the laws of this state or of the United States, for the management of its property and the regulation of its affairs.

Sixth-To contract and be contracted with.

Serenth--To take and hold by gift, purchase, grant, devise, or 'bequest, any property, real or personal, and the same to dispose of at pleasure. But such a corporation shall not, in its corporate capacity, held real estate the yearly income derived from which shall exceed the sum of fifty thousand dollars.

Eighth—To exercise any corporate powers necessary for the exercise of the powers above enumerated and given.

Sec. 3. Any society so incorporated may prefer a complaint before

any court or magistrate having jurisdiction, for the violation of any law relating to or affecting children, and may aid in bringing the fact before such court or magistrate in any proceeding taken.

Sec. 4. All magistrates, constables, sheriffs, and officers of police shall, as occasion may require, aid the society so incorporated, its officers, members, and agents, in the enforcement of all laws which now are or may hereafter be enacted relating to or affecting children.

Sec. 5. The provisions of this act shall not extend or apply to any association or individuals who shall, in the certificate filed as hereinabove provided, use or specify a name or style the same, or substantially the same, as that of any previously existing incorporated society in this state. [In effect April 3, 1876; Stats. 1875-76, p. 830.]

Fines to be paid to society: See next act, sec. 5.


CORPORATIONS AS EXECUTORS. An act authorizing certain corporations to act as executor and in

other capacities, and to provide for and regulate the administra

tion of trusts by such corporations. [Approved April 6, 1891; Stats. 1891, p. 490. Amended, Stats. 1897,

424; 1903, p. 244.] § 1. What corporations may act as executor. § 2. Deposits made with corporation. § 3. Public administrator may make deposits. § 4. Court may order deposit and reduce bonds. § 5. Responsible for investments. § 6. Interest. § 7. Deposit of bonds with state treasurer. $ 8. May mortgage real estate. § 9. Deposit, increase, and decrease of. § 10. Abstracts of title. $ 11. Certificate of authority, $ 12. Semi-annual statement. $ 13. Verification of statement. § 14. Duty of bank commissioners. 8 15. No section. § 16. Administering oaths and examining witnesses. § 17. Duty when corporation violates law. $ 18. False statement revokes authority. § 19. Retirement from business. § 20. Conflicting acts repealed. § 21. Time of taking effect. § 22. Communications confidential.

Section 1. Any corporation which has or shall be incorporated under the general incorporation laws of this state, authorized by its articles of incorporation to act as executor, administrator, guardian, assignee, receiver, depositary, or trustee, and having a paid-up capital of not less than two hundred and fifty thousand dollars, of which one hundred thousand dollars shall have been actually paid in, in cash, may be appointed to act in such capacity in like manner as individuals. In all cases in which it is required that an executor, administrator, guardian, assignee, receiver, depositary, or trustee, shall qualify by taking and subscribing an oath, or in which an affidavit is required, it shall be a sufficient qualification by such corporation if such path shall be taken and subscribed or such affidavit made by the president or secretary or manager thereof, and such officer shali be liable for the failure of such corporation to perform any of the duties required by law to be performed by individuals acting in like capacity and subject to like penalties; and such corporation shall be liable for such failure to the full amount of its capital stock; provided any such appointment as guardian shall apply to the estate only, and not to the person. Such corporations shall be entitled to and shall be allowed proper compensation for all the services performed by them under the foregoing provisions of this act; but such compensation shall not exceed that allowed to natural persons for like services.

Sec. 2. Any court, having appointed and having jurisdiction of any executor, administrator, guardian, assignee, receiver, depositary, or trustee, upon the application of such officer or trustee, or upon the application of any person having an interest in the estate administered by such officer or trustee, after notice to the other parties in interest, as the court may direct, and after a hearing upon such application, may order such officer or trustee to deposit any moneys then in his hands, or which may come into his hands thereafter, and until the further order of said court, with any such corporation, and upon deposit of such money and its receipt and acceptance by such corporation the said officer or trustee shall be discharged from further care or responsibility therefor. Such deposits shall be paid out only upon the orders of said court.

Sec. 3. And it shall be lawful for any public administrator to deposit with any such corporation doing business in the county, or city and county, in which he is acting as such administrator any and all moneys of any estate upon which he is administering, not required for the current expenses of the administration. And such deposits shall relieve the public adminis

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