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pose of any and all and every kind or kinds of real and personal property, also to carry on any and all operations necessary or convenient in connection with the transaction of any of its business.

3. Upon the written assent of two thirds of all the members or by a vote of members representing two thirds of the total votes of all members of each of two or more such non-profit coöperative corporations to coöperate with each other for the more economical carrying on of their respective businesses by consolidation as provided in section 653i of this code, such consolidation shall be effected, and thereupon the effect of such consolidation shall be the same as declared in said section. Any such corporation upon resolution, adopted by its board of directors, shall have the power to enter into contracts and agreements, and to make stipulations and arrangements with any other corporation or corporations for the coöperative and more economical carrying on of its business, or any part or parts thereof; or any two or more coöperative corporations organized under this title, upon resolutions adopted by their respective boards of directors, may, for the purpose of more economically carrying on their respective businesses, by agreement, unite in adopting, employing and using, or several such corporations may separately adopt, employ and use the same methods, policy, means, agents, agencies and terms of marketing for carrying on and conducting their respective businesses.

4. Any corporation formed or consolidated under this title may be dissolved, and its affairs wound up voluntarily by the written consent of members representing two thirds of the total votes, in the manner and with the effect provided in section 653j of this code, except that any property remaining after liquidation shall be divided among the members in proportion to their respective property interests therein.

New section; added April 13, 1909; stats. 1909, p. 856; in effect in sixty days.

Amendment of articles of incorporation.

§ 653y. Any such corporation may amend its articles of incorporation in any manner not inconsistent with the provisions of this title, in the manner provided for by section 362 of the Civil Code of this state.

New section; added April 13, 1909; stats. 1909, p. 857; in effect in sixty days.

Quo warranto. § 653%.

The right of a corporation claiming to be organized and incorporated and carrying on its business under this title, to do and to continue its business, may be inquired into by quo warranto proceeding at the suit of the attorney general, but not otherwise.

New section; added April 13, 1909; stats. 1909, p. 857; in effect in sixty days.

Particular corporations.

§ 653za. This title is not applicable to railroads, telegraph, telephone, banking, insurance, building and loan, or any other corporation, unless the special provisions of this code applicable thereto are complied with.

New section; added April 13, 1909; stats. 1909, p. 857; in effect in sixty days.

Voting.

§ 653zb. In the event the by-laws shall provide for unequal voting power, or unequal property rights of the several members, or both, the provisions of this title with reference. to a majority, a two-thirds, or other vote of the members, shall not apply, and in lieu thereof, there shall be substituted a majority, or a two-thirds of the votes of the interests represented by the several members, or otherwise, as the case may be.

New section; added April 13, 1909; stats. 1909, p. 857; in effect in sixty days.

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§ 654. The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this code, the thing of which there may be ownership is called property.

Enacted March 21, 1872.

109 Cal. 37; 116 Cal. 343; 126 Cal. 119; 131 Cal. 307; 1 Cal. App. 513.

As to the meaning of "property" for the purposes of taxation, see Pol. C. § 3617.

Franchises as property: See § 388, ante.

In what property may exist.

§ 655. There may be ownership of all inanimate things which are capable of appropriation or of manual delivery; of all domestic animals; of all obligations; of such products of labor or skill as the composition of an author, the goodwill of a business, trade-marks and signs, and of rights created or granted by statute.

Enacted March 21, 1872.

126 Cal. 119; 133 Cal. 71; 149 Cal. 598; 1 Cal. App. 513. For trade-marks, etc., see, also, Civ. C. §§ 991, 1772, 1773; Pol. C. § 3196 to 3201; Pen. C. § 349a to 3544; also, "Trademarks," statutes at large, Appendix.

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§ 991. One who produces or deals in a particular thing, or conducts a particular business, may appropriate to his exclusive use, as a trade-mark, any form, symbol, or name, which has not been so appropriated by another, to designate the origin or ownership thereof; but he can not exclusively appropriate any designation, or part of a designation, which relates only to the name, quality, or the description of the thing or business, or the place where the thing is produced, or the business is carried on.

Amended March 30, 1874; amendts. 1873-4, p. 224.

63 Cal. 446; 100 Cal. 677; 103 Cal. 73; 136 Cal. 352; 150 Cal. 182.

As to trade-marks, see, also, Civ. C. §§ 654, 655, 1772, 1773; Pol. C. §§ 3196-3201; Pen. C. §§ 349a to 3544; see, also, "Trade-marks," statutes at large, Appendix.

PART IV.

ACQUISITION OF PROPERTY.

SEC. 1161.

TITLE IV.

Transfer.

CHAPTER IV.

RECORDING TRANSFERS.

ARTICLE I.

What May Be Recorded.

Acknowledgment of instrument by a person; by a corporation.

1163. Residence recorded for the purpose of service of summons. Fee. Index.

Acknowledgment of instrument by a person; by a corporation. § 1161. Before an instrument can be recorded, unless it belongs to the class provided for in either section eleven hundred and fifty-nine, eleven hundred and sixty, twelve hundred and two, or twelve hundred and three, its execution must be acknowledged by the person executing it, or if executed by a corporation, by its president or secretary, or other person executing the same on behalf of the corporation, or proved by a subscribing witness, or as provided in sections eleven hundred and ninety-eight and eleven hundred and ninety-nine, and the acknowledgment or proof certified in the manner prescribed by article three of this chapter.

Amended March 21, 1905; stats. 1905, p. 602.

55 Cal. 565; 56 Cal. 129; 74 Cal. 429; 90 Cal. 477.

NOTE. § 1161. The change consists in the addition of the words "or other person executing the same on behalf of the corporation," following "its president or secretary." The reason for the amendment is that an instrument may be executed on behalf of a corporation by an officer or person other than its president

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