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bers thereof, for the purpose of paying the proper and legal expenses of the corporation, assessments in such manner as may be prescribed by its by-laws, but not otherwise. En. Stats. 1905, 589.

Legislative History.

See section 591, Civil Code, ante.

PRE-EXISTING CORPORATIONS MAY BECOME ENTITLED TO THE BENEFIT OF THIS TITLE.

Sec. 592e, C. C. Every corporation, association, or institution formed prior to the enactment of this title, for any of the purposes contemplated thereby, may, by a vote of the majority . of its members voting at a meeting called for that purpose, become entitled to the benefit thereof on filing the certificate hereinafter required. Notice of such meeting and of its object must be published in a newspaper of general circulation in the county in which the principal place of business of the corporation, association, or institution is located, for at least two weeks before the day on which the meeting is to be held. Such certificate must be signed and acknowledged by at least five members of the corporation, association, or institution, must contain a list of the members who desire to become members, and must be filed with the county clerk of such county, and a copy thereof, certified by him, must be filed with the secretary of state. Thereupon such corporation, association, or institution possesses all the powers and privileges conferred by this title. En. Stats. 1905, 589.

Legislative History.

See section 591, Civil Code, ante.

NUMBER OF DIRECTORS WHEN FORMED OTHER THAN FOR

PROFIT.

Sec. 593, C. C. Any number of persons associated together for any purpose, where pecuniary profit is not their object, and for which individuals may lawfully associate themselves, may, in accordance with the rules, regulations, or discipline of such

association, elect directors, the number thereof to be not less than three nor more than twenty-one, and may incorporate themselves as provided in this part. En. March 21, 1872. Amd. 1880, 6; 1905, 113.

Legislative History.

The change consists in the substitution of "twenty-one" for "eleven."

AMOUNT OF REAL ESTATE TO BE OWNED BY CERTAIN CORPORATIONS.

Sec. 595, C. C. All such corporations may hold all the property of the association owned prior to incorporation, or acquired thereafter in any manner, and transact all business relative thereto; but no such corporation must own or hold more real estate than may be necessary for the business and objects of the association, and providing burial grounds for its deceased members, not to exceed six (6) whole lots in any city or town, nor more than fifty (50) acres in the country, the annual increase, income or profit, whereof must not exceed fifty thousand ($50,000) dollars; provided, that any such corporation now or hereafter having, and having had continuously, for the next preceding three (3) years, the care, custody, control, and maintenance each year, upon an annual average of not less than one hundred (100) orphans, half orphans, and indigent minor children, at any one orphan asylum, shall be entitled and allowed to own and possess any number of acres not exceeding one hundred and sixty (160) acres of land in the country, outside of any incorporated city or town, and the annual income or profit of which does not exceed fifty thousand ($50,000) dollars; and provided further, that the limitations herein provided for shall not apply to corporations formed, or to be formed, under section six hundred and two (602) of the Civil Code, when the land is held or used for churches, hospitals, schools, colleges, orphan asylums, parsonages, or cemetery purposes or to corporations organized for social purposes and purposes of recreation and not for profit; and provided further, that the limitations. herein provided for shall not apply to corporations organized other than for profit, when the land is timber land, and not exceeding one hundred and sixty (160) acres in extent, and is

held or used for the purposes of the organizations, in which case said land shall be subject to all laws regulating the preservation of forests. En. March 21, 1872. Amd. 1881, 9; 1899, 10; 1903, 136; 1905, 18.

Legislative History.

The change consists in the last proviso which more specifically exempts corporations organized other than for profit from the limitations of the section.

PROVISIONS IN BY-LAWS.

Sec. 599, C. C.

Section Cited.

Sheehan v. Butchers' etc. Assn., 142 Cal. 495, 76 Pac. 238.

Additional Annotation.

Relief Association.—Certificate of incorporation of mutual benefit association stating one of its purposes to be "to relieve the distress of widows and orphans," should be liberally construed, and not as confining such benefits to widows and orphans of deceased members. It may by its constitution and by-laws, adopted in harmony with the statute, extend its benefits to other persons. (Sheehan v. Butchers' etc. Assn., 142 Cal. 495, 76 Pac. 238.)

Benefit Association-Action by Members Constitution and Bylaws. In action by member of any incorporated fraternal and mutual benefit association, the right to recover must be measured by bis contract which must be read with constitution and by-laws of association to which he has agreed. (Pool v. Railroad Trainmen, 143 Cal. 650, 77 Pac. 661.)

Absence of Legal Liability.-Where constitution and by-laws of association made liability depend upon approval of beneficiary board, reduction of claim for benefits by said board is conclusive. (Pool v. Railroad Trainmen, 143 Cal. 650, 77 Pac. 661.)

TITLE XIIa.

New title added March 21, 1905. Stats. 1905, 590.

SOCIETIES FOR THE PREVENTION OF CRUELTY TO CHILDREN AND ANIMALS.

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§ 607a. Power of to receive and dispose of property.

§ 6076.

Complaints for violating any law relating to children
animals.

or

607c. Magistrates and police officers to aid the corporation and its officers.

607d. Pre-existing corporations.

$607c. Fines, penalties, and forfeitures, and the disposition to be

made thereof.

§ 607f. Members and agents may be authorized to act as police

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§ 607g. Children who may be arrested and brought before a court or magistrate for examination.

FORMATION OF CORPORATIONS.

Sec. 607, C. C. Corporations may be formed by any number of persons not less than five, a majority of whom must be citizens and residents of this state, under the general provisions of this code, for the purpose of the prevention of cruelty to children or animals, or both. En. Stats. 1905, 590.

Legislative History.

Sections 607, 607a, 607b, 607c, 607d, 607e, 607f, 607g. The subject matter of the above sections is taken from the statute of 1873-74,. page 499, as amended in 1901, page 285, and 1903, page 69-to prevent cruelty to animals; the statute of 1875-76, page 830, relating to the incorporation of societies for the prevention of cruelty to children; the statute of 1877-78, page 812, for the protection of children; and the statute of 1877-78, page 813, relating to children. Section 1 of the act of 1875-76, page 830, is codified in section 607. Subdivision 7 of section 2 of the same act is codified in section 607a, and section 3 in section 607b. Section 607c is a codification of section 4 of the act of 1875-76, page 830, and section 4 of the act of 1873-74, page 499. Section 5 of the act of 1875-76, page 830, is codified in section 607d; and section 14 of that act, as amended in 1903, page 69, and section 5 of the act of 1877-78, page 813, are consoli

dated and codified in section 607e. Section 5 of the act of 1873-74, page 499, as amended in 1901, page 285, is codified in section 607f, and section 3 of the act of 1877-78, page 812, is codified in section 607g, with the exception of subdivision 5 thereof, which is an addition thereto, to cover the matters referred to in the act of 1877-78, page 813.-Code Commissioner's Note.

For the statutes of 1873-74 and 1875-76, supra, see "Corporation Laws of California," pages 706 and 714.

POWER OF TO RECEIVE AND DISPOSE OF PROPERTY.

Sec. 607a, C. C. Every such corporation may take and hold, by gift, purchase, devise, or bequest, any property, real or personal, and dispose of the same at its pleasure; but it must not hold real property the annual income of which exceeds fifty thousand dollars. En. Stats. 1905, 590..

Legislative History.

See section 607, Civil Code, ante.

COMPLAINTS FOR VIOLATING ANY LAW RELATING TO CHILDREN OR ANIMALS.

Sec. 607b, C. C. Any such corporation, or any member or officer thereof, may prefer a complaint against any person or persons, before any court or magistrate having jurisdiction, for the violation of any law relating to or affecting children or animals, and may aid in the prosecution of any such offender before such court or magistrate in any proceeding taken. En. Stats. 1905, 590.

Legislative History.

See section 607, Civil Code, ante.

MAGISTRATES AND POLICE OFFICERS TO AID THE CORPORATION AND ITS OFFICERS.

Sec. 607c, C. C. All magistrates, constables, sheriffs, and officers of police must, as occasion may require, aid any such corporation, its officers, members, and agents, in the enforce

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