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ARTICLE XXIII.

CRUELTY TO ANIMALS. [The act of March 30, 1868, page, 604, was superseded by the aet of March 20, 1874, page 499, which is hereinbefore set forth at page 707 et seq.)

ARTICLE XXIV.

YACHT CLUBS.

An act to authorize the incorporation of yacht clubs.

[Approved February 15, 1870; Stats. 1869-70, p. 71.) Section 1. Any six or more persons, citizens of this state, may assume corporate powers for the purpose of organizing, conducting and perpetuating yacht or other clubs, designed to promote the science and art of navigation and naval architecture, by filing a certificate of their intention so to do, duly acknowledged as in the case of a deed, with the county clerk of the county wherein it is proposed their principal place of business shall be located, and a copy thereof in the office

of the Secretary of State. Said certificate shall contain the number of trustees and their names, who shall manage the concerns of the corporation for the first three months or until their successors are elected, the objects for which the corporation shall be formed, together with the corporate name selected for said corporation, and by such corporate name the said corporation may sue and be sued, and have the rights of corporations; may make such constitutions, by-laws, rules and regulations as they may deem proper; provided, that they are not contrary to the constitution and laws of this state. When the certificate shall have been filed, the persons who have signed and acknowledged the same, and their successors, shall be a body politic and corporate, in fact and in name, by the name stated in the certificate.

Sec. 2. The said corporations may acquire and hold all real and personal property which may, in the judgment of said corporation, be necessary for the proper and convenient use of said corporations.

Sec. 3. The said corporations may adopt and have a common seal, and may change and alter the same at pleasure, and shall in general have, possess and exercise all the rights, privileges and immunities as by law are incident of necessary to corporations.

Sec. 4. This act shall be in force from and after its passage.

ARTICLE XXV.

AGRICULTURAL SOCIETIES. An act to incorporate the state agricultural society, and to appro

priate money for its support.

[Passed May 13, 1854; Stats. 1854, p. 163.] Section 1. There is hereby established and incorporated a society to be known and designated by the name and style of the California

State Agricultural Society, and by that name and style shall have perpetual succession, and shall have power to contract and be contracted with, to sue and be sued, and shall have authority to have and use a common seal, to make, ordain and establish and put in execution such by-laws, ordinances, rules and regulations as shall be necessary for the good government of said society and the prudent and efficient management of its affairs: Provided, that said by-laws, ordinances, rules and regulations shall not be contrary to any provision of this charter, nor the laws and constitution of this state or of the United States.

Sec. 2. In addition to the powers above enumerated the society shall, by its name aforesaid, have power to purchase and hold any quantity of land not exceeding two sections, and may sell and dispose of the same at pleasure; the said real estate shall be held by said society for the purpose of establishing a model experimental farm or farms, erecting inclosures, buildings and other improve. ments calculated and designed for the meeting of the society, and for an exhibition of the various breeds of horses, cattle, mules and other stock, and of agricultural, mechanical and domestic manufactures and productions, and for no other purpose. And it is further enacted, that if, from any cause, said society shall ever be dissolved, or fail to meet within the period of two consecutive years, then the real estate held by it, together with all the buildings and appurtenances belonging to said estate, shall be sold as lands are now sold, by execution, and the proceeds deposited in the state treasury, subject to the control of the legislature.

[Sections 3, 4, 6, 7, 9, and 10 were repealed by act of March 20, 1958; Stats. 1858, p. 80. Sections 5 and 11 provided for the first meeting of the society, named the first officers, and provided for filling vacancies in case of failure or inability to serve. Section 8, appropriated five thousand dollars annually for four years for the purpose of paying premiums. It was amended by act of March 20, 1858; Stats. 1858, p. 80, which appropriated five thousand dollars annually for five years from and after May 13, 1858, for same purpose. Both required certain duties of the recording secretary in regard to statements of accounts.)

Act Cited.

Elden v. State, 121 Cal. 17.

An act supplemental to foregoing act of May 13, 1854, and amendatory

act of March 20, 1858. [Approved March 12, 1863; Stats. 1863, p. 49.) Section 1. The general prudential and financial affairs of the society shall be intrusted to a board of agriculture, to consist of a president and nine directors, five of whom shall constitute a quorum.

Sec. 2. Said board of agriculture shall be elected at a general state agricultural convention, to be held at the capital of the state, in the year one thousand eight hundred and sixty-three, in the month of March, and in the month of January every year thereafter, to consist of the life members and annual members of the state agricultural society, and four delegates from each county agricultural society within this state, incorporated under the general laws of this state for such corporations, and an equal number from each district agricultural society, also incorporated under the general laws of this state for such purposes; said delegates to be chosen at the annual fair or annual meeting of each such society next preceding the state agricultural convention: Provided, said convention to be held in March, in the year one thousand eight hundred and sixty-three, may admit any person or persons representing any of said county or distriet agricultural societies as the convention may determine by a majority vote, whether each person shall have been elected by their respective county or district agricultural societies as provided in this act, or not. [Amendinent, approved March 12, 1863; Stats. 1863, p. 50; teok effect on passage.]

See 3. The board of agriculture shall, at its first meeting after its election, be divided by lot into three equal portions (omitting the president), one portion to continue in office one year, one portion two years, and one portion three years; one-third of the pumher, together with a president, to be elected at the state agricul. tural convention, annually thereafter; the directors to hold office three years.

Sec. 4. The board of agriculture may in the absence of the presi. dent choose one of its other members temporary chairman. They shall elect a treasurer and secretary, not members of the board, preseribe their duties, fix their pay, and the said treasurer and secretary shall be subject to removal at any time by a majority of said board.

Sec. 5. The board of agriculture shall use all suitable means to collect and diffuse all classes of information calculated to aid in the development of the agricultural, stock-raising, mineral, mechanical, and manufacturing resources of the state; shall hold an annual er: hibition of the industry and products of the state, and on or before the first day of January, of each year in which the legislature shall be in regular session, they shall furnish to the governor a full and detailed account of all its transactions, including all the facts elicited, statistics collected, and information gained, on the subject for which it exists; and also a distinct financial account of all funds received, from whatever source, and of every expenditure for whatever purpose, together with such suggestions as experience and good policy shall dictate, for the advancement of the best interests of the state; the said reports to be treated as other state documents are.

Sec. 6. The board of agriculture shall have power to appoint a suitable number of persons to act as marshals, who shall be, from twelve o'clock, noon, of the day previous to the opening of the exhibition, until noon of the day after the close of the same, vested with all the powers and prerogatives with which constables are invested, so far as acts or offenses, committed within, or with reference to, or in connection with, the exhibition, are concerned.

Sec. 7. The board of agriculture may, in its discretion, award premiums for the best cultivated farms, orchards, vineyards, gardens, et cetera; provided, that said board shall not audit, allow, or pay, an amount exceeding one thousand dollars, in any one year, for trareling expenses of visiting commrittees in examining said farms, et cetera: Provided, further, that no person except ractical agricul. turists shall be appointed on said committees.

Sec. 8. It shall be optional with any person to whom a premium is awarded, to receive the article named, or its equivalent (as affixed) in coin,

Sec. 9. The state agricultural society shall have power, at its first annual meeting after the passage of this act, to make such

alterations in its constitution as shall make it conform to the prorisions of this act.

Sec. 10. All acts or provisions in conflict with the provisions of this act are hereby repealed.

Sec. 11. This act shall be in effect from and after its passage.

An act supplemental to foregoing act of March 12, 1863.

[Approved April 13, 1863; Stats. 1863, p. 259.) Section 1. The board of directors mentioned in section one of the aet to which this act is supplemental, shall audit all claims or demands against the state agricultural society that have accrued prior to the first day of January, eighteen hundred and sixty-three, and allow such as may be just and proper, and cause their warrants to be drawn on the treasurer of said society, payable out of the general fund; said warrants shall be signed by the president and secretary of said board of directors, and the treasurer shall pay the same in the order of their presentation, if there be money in said fund; but if not, then he shall indorse on the back of the warrant: Presented, and not paid for want of funds, this

day of

- Anno Domini eighteen hundred and sixty -; and said warrants shall draw interest at the rate of ten per cent per annum, from the date of presentation until paid.

Sec. 2. All assets, moneys, and debts, due said society, that accrued prior to the first day of January, eighteen hundred and sixtythree, shall be placed to the credit of the general fund, for the liquidation of the debts of said society created prior to the first day of January, eighteen hundred and sixty-three; and all moneys received during each fiscal year hereafter, shall be placed to the credit of a fund to be known as a special fund, for the payment of the current expenses, premiums, and awards for the year in which the samre was received, and to liquidate the outstanding indebtedness of said society, as hereinafter provided; and all moneys received from appropriations, donations, or from any other source, and all property acquired, shall be exempt from attachment and execution for any debt or liability other than those created during that fiscal year.

Sec. 3. The directors shall, each year, ray all the claims or demands, and premiums awarded, before the last day of December, from said special fund; and if any money remains in said special fund after the liquidation of all claims and demands of that fiscal year, then the directors shall advertise in some newspaper published in Sacramento, that they will receive proposals for the surrendering of the outstanding warrants, against the general fund, naming the time and place when they will be received and opened. Said board shall accept the bids that will surrender said warrants for the lowest per cent, until all the money remaining in said fund is expended; and the board may accept bid for a part of any warrant, and issue a new warrant for the balance due on such warrant; provided, said directors shall not receive any bid above par, or for any claims or demand that is not presented, allowed, and a warrant drawn as provided in section one of this act, within ninety days from the passage of this act.

Sec. 4. No debt or demand of any kind against said society, shall be paid by the treasurer or any other person until it shall have first been audited by the board of directors, and on a warrant drawn upon the treasurer, signed by the president and secretary; and Do premiums that may have been awarded by any committee shall be paid until it has been approved by the board of directors.

Sec. 5. This act shall take effect and be in force from and after its passage.

SPECIAL ACTS.

[The following special acts relate to this subject: Submitting to the city and county of Sacramento proposition to

appropriate money for purchase and construction of suitable grounds and buildings for use of State Agricultural Society and

for other purposes in city of Sacramento, Stats. 1859, p. 20. To condemn certain streets and alleys (in Sacramento) for use of

California State Agricultural Society, Stats. 1861, p. 228. Providing for permanent improvement of stock grounds belonging to

State Agricultural Society, Stats. 1861, p. 272.
Providing for printing report, Stats. 1861, p. 501.
For relief of State Agricultural Society, Stats. 1863-64, p. 313.

An act concerning agricultural societies.

[Approved March 12, 1859; Stats. 1859, p. 104.) Section 1. Any seven or more persons may form an association for agricultural purposes, and when so formed, shall be known and designated by the name of Agricultural Society, and by such name and style shall have perpetual succession, and shall have power and authority to contract, and be contracted with; to sue, and be sued, in all courts; to have, and use, a common seal, and to alter the same at pleasure; to make, ordain, and establish, and put in exeention such by-laws, ordinances, rules, and regulations, as shall be necessary for the good government of such society and the management of its affairs; provided, that said by-laws, ordinances, rules, and regulations, shall not be contrary to any provisions of this charter, or the constitution of this state, or of the United States.

Sec. 2. In addition to the powers above enumerated, the society shall, by its name, have power to purchase, hold, and 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, and dispose of the same, at pleasure. The said real estate shall be held by such society, for the purpose of erecting buildings, and other improvements calculated to promote and encourage the interests of agriculture, horticulture, mechanies, manufactures, stock-raising, and general domestic industry.

Sec. 3. The officers of such society shall consist of a president, two vice-presidents, a secretary, a treasurer, and not less than two directors, all of whom shall be members of such society at the time of their election, and shall have the management of the fiscal, prudential, and other concerns, of such society, and shall be styled the board of managers. The said officers shall be elected, annually, by the members of the society, at such time, and in such manner, as in their constitution and by-laws they may prescribe, and shall hold their offices for the term of one year, and until their successors enter upon their duties. [Amendment approved Jan. 31, 1870, p. 31.)

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