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Sec. 4. Such society may provide, by its constitution and by-laws, for memberships of such society, and fix the prices of such mrembership, and terms of duration thereof.

Sec. 5. No society organized under the provisions of this act shall contract any debts or liabilities to exceed the amount of money in the treasury at the time such debt or liability shall have been contracted, except as provided in the next section.

Sec. 6. Such society, by the unanimous vote of the board of managers, for the purpose of purchasing or leasing property, as provided for by section second of this act, or for the purpose of paying for property, may create debts or liabilities, not exceeding five thousand dollars, which they may secure by mortgage upon the property of said society; and in case of any excess being incurred, the members of said board of managers shall, in their individual and private capacities, be held jointly and severally liable to said society for the amount of such excess; provided that any member of said board who shall have been absent or caused his dissent therefrom, at the tine to be entered on the minutes, shall not be so held liable. (Amendment, approved March 5, 1862, 37; took effect on passage.]

Sec. 7. Within three months after the organization of such society, the board of managers thereof shall cause to be filed in the office of the county clerk of the county in which such society is organized, a certificate stating the name of the society, the purposes for which it was organized, the date of its organization, and the name of its officers, which certificate shall be signed by the president and secretary of said society; a copy of such certificate, filed as aforesaid, and certified by the county clerk, shall be received in all courts and aces as presumptive evidence of the matters therein stated.

Sec. 8. It shall not be lawful for any person to sue such society for the failure to award any premium, or premiums, or for a failure to pay the same when awarded.

SPECIAL ACTS. [The following referred to special acts are connected with this subject: Authorizing boards of supervisors of Alameda and Santa Clara

counties to make appropriations to agricultural societies, etc.,

Stats. 1860, p. 19. An act of same character for Contra Costa county, Stats. 1860, p.

146; Stats. 1861, p. 64. Authorizing board of supervisors of San Joaquin county to levy special

tax for assisting “San Joaquin Valley District Agricultural So

ciety,” Stats. 1860, p. 153; see, also, Stats. 1861, p. 40. Authorizing mayor and common council of Marysville to levy tax,

etc., for benefit of certain society, Stats. 1861, p. 50. Appropriating money for maintenance and support of certain societies,

Stats. 1861, p. 407. Authorizing San Joaquin county to issue bonds for agricultural uses,

Stats. 1863, pp. 7, 25. Authorizing Placer county to appropriate money for support of agri

cultural association, Stats. 1863, p. 358. Authorizing formation of “Tehama County Stock Breeders' Associa

tion,” Stats. 1863-64, p. 289. For improvement of Napa county by means of agricultural society

and state agricultural college, Stats. 1863-64, p. 366.

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Resolution in regard to donation of land by United States for bene

fit of agricultural, etc., Stats, 1863-64, p. 541. Authorizing supervisors of San Joaquin county to levy tax for

liquidation of indebtedness of San Joaquin Valley Agricultural

society, Stats. 1866, p. 282. Authorizing said board of supervisors to appropriate money therefor,

Stats. 1866, p. 305. Agricultural land board to certify amounts required for selecting and

locating, Stats. 1866, p. 674.]

ARTICLE XXVI.

COLLEGES.
An act to provide for the incorporation of colleges.

[Passed April 20, 1850; Stats. 1850, p. 273.) Section 1. Any college may be incorporated in this state, according to the provisions of this act, by the state board of education, consisting of the governor, superintendent of public instruction, and surveyor general. (Amendment, approved April 13, 1855, 110.]

Sec. 2. The founders and contributors of any proposed college within this state, shall make to the state board of education, application in writing, requesting that college may be incorporated, specifying the first trustees, and name by which the corporation is to be called. (Amendment, approved April 13, 1855; Stats. 1855, p. 110.]

Sec. 3. In case the state board of education, or a majority thereof, shall be satisfied that the proposed college has property to the amount of twenty thousand dollars, and that the proposed trustees are capable men, then the said board of education, or a majority thereof, shall by an instrument under their hands declare the college incorporated under the provisions of this act, by the name specified the application; and the application, together with the declaration of the board or a majority thereof, shall be recorded in the office of the Secretary of State. [Amendmrent, approved April 13, 1855; Stats. 1850, p. 110.)

Sec. 4. Immediately after recording the same, the property and funds of such college shall be vested in the trustees so nonrinated, for the use and benefit of the college.

Sec. 5. The trustees of every such college shall not be more than twenty-four, nor less than twelve in number; and seven trustees of any college shall constitute a quorum for the transaction of business.

Sec. 6. The trustees of every such college shall be a corporation, known by the name and style of the president and board of trustees

College; and by that name they and their successors shall be known in law, have perpetual succession, sue, and be sued, in all courts and in all actions whatsoever.

Sec. 7. The trustees shall have power:

First-To elect by ballot, annually, one of their number as president of the board.

Second-Upon the death, removal out of the state, or other vacancy in the office of any trustee, to elect another in his place.

Third-To elect additional trustees, provided the whole number elected shall never exceed twenty-four at any one time.

Fourth-To declare vacant the seat of any trustee who shall absent himself from eight succeeding meetings of the board.

of

Fifth-To receive and hold, by purchase, gift, or grant, any real or personal property, provided, that the yearly income of the college shall not exceed its necessary yearly expenses ten thousand dollars.

Sixth-To sell, mortgage, lease, and otherwise use and dispose of such property, in such manner as they shall deem most conducive to the prosperity of the college.

Seventh-T, direct and prescribe the course of study and discipline to be observed in the college.

Eighth-To appoint a president of the college, who shall hold his office during good behavior.

Ninth-To appoint such professors, tutors, and other officers, as they shall deem necessary, who, unless employed under a special contract, shall hold their offices during the pleasure of the trustees.

Tenth-To remove from office the president, and every professor, tntor, or other officer employed, upon a complaint in writing, by any member of the board of trustees, stating the misbehavior in office, incapacity, immoral conduct of the person or persons sought to be removed, and upon due examination and proof of such complaint.

Eleventh-To grant such literary honors as are usually granted by any university, college, or senrinary of learning in the United States, and testimony thereof, to give suitable diplomas under their seal, and the signature of such officers of the college as they shall deem expedient.

Twelfth—To fix the salaries of the president, professors, and other officers of the college.

Thirteenth-To make all by-laws and ordinances necessary and proper to carry into effect the preceding powers, and necessary to advance the interests of the college: Provided, that no by-laws or ordi. nance shall conflict with the Constitution or laws of the United States or of this state.

Sec. 8. Every diploma granted by such trustees shall entitle the possessor to all the immunities which, by usage or statute, are allowed to possessors of similar diplomas, granted by any university, college, or seminary of learning in the United States.

Act Cited.

People v. California College, 38 Cal. 170; In re California College, 1 Cal, 329; In re Wesley, 1 Cal. 447.

An act supplementary to foregoing act.

[Approved April 27, 1863; Stats. 1863, p. 775.] Section 1. The trustees of any college incorporated under the act entitled an act to provide for the incorporation of colleges, passed April twentieth, eighteen hundred and fifty, are hereby authorized and empowered to borrow, in the name of such college, and for and in its behalf, such sums of money as may be necessary to purchase or pay for land, or to erect, repair, or complete any building required for the use of such college, and in the name of and for and in behalf of the college, to execute any instruments in writing, or evidences of debt, or mortgages, or deeds of trust, containing usual or necessary covenants to secure the payment by the college of the money bor. rowed for the purposes aforesaid, and to bind the property of the college for the payment thereof.

Sec. 2. Every college included in section one of this act shall be held bound by the act of its trustees, and by every instrument and every mortgage and deed of trust executed by such trustees for the purposes mentioned in section one of this act, and every recital admission of covenant contained in such instrument, deed, or deed of trust, shall be conclusive proof of the truth thereof against the college, and the receipt of the trustees shall be sufficient to discharge to any party loaning money to the college from all obligation to see to the proper application of the money so loaned.

Sec. 3. This act shall take effect from and after its passage.

Amendments to an act to provide for the incorporation of colleges.

[Passed April 20, 1850; Stats. 1850, p. 273.] Sec. 3. In case the state board of education, or a majority thereof, shall be satisfied that the proposed college has property to the amount of twenty thousand dollars, and that the proposed trustees are competent persons, then the said board of education, or a majority thereof, shall, by an instrument under their hands, declare the college incorporated under the provisions of this act, by the name specified in the application; and the application, together with the declaration of the board, or a majority thereof, shall be recorded in the office of the Secretary of State. (Amendment, approved Mareh 28, 1870; Stats. 1869-70, p. 419; took effect from passage.]

Sec. 5. The trustees of every such college shall not be more than twenty-four nor less than five in number; and when the number is more than ten trustees, seven shall constitute a quorum; and when less than ten, four shall constitute a quorum. (Amendment, approved February 21, 1868; Stats. 1867-68, 69; took effect from passage.)

Sec. 7. The trustees shall have power

First-To elect by ballot, annually, one of their number as presi dent of the board.

Second-Upon the death, removal of the state, or other vacaney in the office of any trustee, to elect another in his or her place.

Third-To elect additional trustees; provided, the whole number shall never exceed twenty-four at any one time.

Fourth-To declare vacant the seat of any trustee who shall absent him or herself from eight succeeding meetings of the board.

Fifth-To receive and hold, by purchase, gift or grant, any real or personal property; provided, that the yearly income of the college shall not exceed its necessarily yearly expenses ten thousand dollars.

Sixth-To sell, mortgage, lease and otherwise use and dispose of such property in such manner as they shall deemr most conducive to the prosperity of the college.

Seventh-To direct and prescribe the course of study and discipline to be observed in the college.

Eighth-To appoint a president of the college, who shall hold his or her office during good behavior.

Ninth-To appoint such professors, tutors, and other officers, as they shall deem necessary, who, unless employed under a special contract, shall hold their offices during the pleasure of the trustees.

Tenth-To remove from office the president, and any professor. tutor, or other officer employed, upon a complaint, in writing, by any member of the board of trustees, stating the misbehavior in office, incapacity, immoral conduct of the person or persons sought to be removed, and upon due examination and proof of such complaint.

Eleventh-To grant such literary honors as are usually granted by any university, college or seminary of learning in the United States,

and in testimony thereof to give suitable diplomas, under their seal, and the signatures of such officers of the college as they shall deem expedient.

Twelfth-To fix the salaries of the president, professors, and other officers of the college.

Thirteenth-To make all laws and ordinances necessary and proper to carry into effect the preceding powers, and necessary to advance the interests of the college; provided, that no by-laws or ordinance shall conflict with the constitution or laws of the United States or of this state. [Amendment, approved March 28, 1870; Stats. 1869. 70, p. 419; took effect from passage.]

(The above is the law as amended. The amendments of sections three and seven, approved March 20, 1868, 218, were superseded by the act of 1870, 419, amending the same sections of the original act of 1850; Stats. 1850, p. 273.]

An act supplementary to an act entitled "An act to provide for the

incorporation of colleges," approved April twentieth, eighteen hundred and fifty.

[Stats. 1871-72, pp. 10, 11.] § 1. Certain powers granted to grand lodges of benevolent and

fraternal organizations. § 2. Requirements in certain cases. § 3. Extension of powers.

Section 1. Whenever any benevolent, religious,* or fraternal organization, or society, having a grand lodge or other legislative head, duly organized and existing in this state, shall found and establish a college in this state, and shall incorporate or desire to incorporate the same under the act to which this act is supplementary, such organization or society shall have and may retain the right, through its grand lodge or other legislative head, not only to select and name the persons who, subject to the approval of the state board of education, shall form such corporation and be the first trustees thereof, but also to prescribe the terms of office of such trustees and provide for their classification, so that a portion thereof shall go out of office and their successors be elected at each annual session of such grand lodge or society; provided, however, that the terms of not more than one-third of such trustees shall expire at the same time; and also to reserve to itself the power of electing the successors of such trustees as their terms expire. It may also provide that no person shall be a trustee of such corporation unless he be a inember of such order, organization, or society, in good standing; and also require said board of trustees to report annually to the grand lodge or society founding the same the condition of the affairs of such corporation, and the amount and manner of its receipts and expenditures.

Sec. 2. Any corporation already formed under the act to which this act is supplementary of a college founded or established by the grand lodge or society of any benevolent, religious,* or fraternal

*The word “religious” was inserted by amendment of February 7, 1874; Stats. 1873-74, p. 85.

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