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purpose and behoof of his religious denomination, society, or church. The limitation in section five hundred and ninety-five shall not apply to corporations formed under this section, when the land is held or used for churches, hospitals, schools, colleges, orphan asylums, parsonages, or cemetery purposes. Any Judge of the Superior Court in the county in which any corporation is formed under this chapter shall at all times have access to the books of such incorporation. Any corporation sole heretofore organized and existing under the laws of this State may elect to continue its existence under this title by filing a certificate to that effect, under its corporate seal and the hand of its incumbent, or amended articles of incorporation, in the form required by this title, and as prescribed by section two hundred and eighty-seven of this code ; and from and after the filing of such certificate or amended articles, such corporation shall be entitled to the privileges and subject to the duties, liabilities and provisions in this title expressed. [Amendment approved March 11, 1897.]
94 Cal. 161.
$ 602a. Every corporation sole shall have continued succession and continuous existence during the term for which it is organized to exist, notwithstanding vacancies in the incumbency thereof, and during the period of any such vacancy such corporation sole shall have the same capacity and right to receive and take any gift, bequest, devise or conveyance of property, either as grantee for its own use, or as trustee, and to be or be made the beneficiary of a trust, as though there were no vacancy. No agency created by a corporation sole by a written instrument which in express terms provides that the agency thereby created shall not be terminated by a vacancy in the incumbency of such corporation, shall be terminated or affected by the death of the incumbent of such corporation or by a vacancy in the incumbency thereof, however caused. [New section; approved March 21, 1907; in effect immediately. ]
Whenever the regulations, rules, or discipline of any church or re us society require, for the administration of the temporalities thereof, or for the management of the property or estate thereof, any diocese, synod, or district organization of such church or religious society may elect directors and become an incorporation in the manner prescribed in this title, and · with all the powers and duties, and for the uses and purposes, in this title provided for benevolent or religious incorporations, and subject to all the conditions, limitations, and provisions in said title prescribed, except as otherwise provided in this section; provided, that directors of such incorporation may be elected, and that the by-laws for its government may be made and amended, by the convention, synod, or other representative body of such church or religious society, in and for such district, in accordance with the constitution, by-laws, discipline, or regulation thereof, at any regular meeting, or special meeting called for that purpose; and provided, the certificate of incorporation and of the election of directors to be filed shall be sufficiently signed and attested by the signature of the presiding officer and secretary of the representative convention, synod, or other such body, in which such election is held; and provided, all property held by such incorporation shall be in trust for the use, benefit, and purpose of the church or religious society by and for which such incorporation was formed, and in and of which such diocese, synod, or other district is an organized or constituent part; and that the limitation in section five hundred and ninety-five shall not apply to corporations formed under this section, where the land is held or used for churches, hospitals, schools, colleges, asylums, parsonages, or cemetery purposes. [Amendment approved March 12, 1885.]
114 Cal. 300; 128 Cal. 262.
$ 604. Any church or other religious association in this State, composed of two or more constituent parishes, missions, congregations, or societies, having a common convention, synod, council, or other representative legislative body, may be incorporated by such representative body under this part and subject to the provisions of this title, except as otherwise provided in this section. The representative body of such religious association electing to incorporate the same, shall determine the name of the proposed corporation, the purpose for which it is formed, the place where its principal business is to be transacted, the term for which it is to exist, and the number of its directors, and shall elect its directors for the first year. The articles of incorporation need only be signed and acknowledged by the presiding officer and secretary of such representative body, and in addition to the requirements of section two hundred and ninety, shall set forth the proceedings herein prescribed for said representative body, and that the same were duly had in accordance with the constitution, canons, rules, or regulations, governing the other proceedings of said representative body, and the time and place thereof. The directors of such corporation shall be elected annually by the representative body of the association. The representative body providing for such incorporation shall frame by-laws for the corporation, and such bylaws may be repealed or amended, or new by-laws may be adopted by any subsequent representative body in accordance with the constitution, canons, rules, or regulations governing the other proceedings of such representative body. Such corporation may hold and administer not only the common property, funds, and money of such association, but also the property, funds, and money of any constituent parish, mission, congregation, or society. The limitation in section five hundred and ninety-five shall not apply to corporations formed under this section when the land is held or used for churches, hospitals, schools, colleges, asylums, parsonages, or cemetery purposes. [New section, in effect March 11, 1887.]
$ 605. Any corporation, now or hereafter organized for purposes other than profit, may consolidate its debts, property, assets and franchises, with any other like association or corporation, either created under the laws of the State of California or under the laws of any other State or Territory, in such manner as may be agreed upon by the respective boards of directors, or trustees, of such corporations; provided, however, that no such consolidation shall take place without the written consent of three fifths (3-5) of the boards of directors, or trustees, of each of the corporations so consolidating, and such consolidation must not in any way relieve either of the corporations parties to it from any or all just debts or liabilities; provided further, that in case of any such consolidation, due notice of the same must be given by advertisement published for one month in at least one newspaper published at the place of the principal business of each of the corporations so consolidating. When their consolidation is completed, a copy of the new articles of incorporation must be filed with the Secretary of State, in the
as the original articles of incorporation are required to be filed. [New section; approved March 20, 1903; in effect immediately. ]
Societies for the Prevention of Cruelty to Children
SEC. 607. Formation of corporations.
607a. Power of to receive and dispose of property.
and its officers. 607d. Pre-existing corporations. 607e. Fines, penalties, and forfeitures, and the disposition
to be made thereof. 607f. Members and agents may be authorized to act as
police officers. 6079. Children who may be arrested and brought before a
court or magistrate for examination.
§ 607. 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. [New section ; approved March 21, 1905 ; in effect in sixty days.]
Note.-$8 607, 607a, 6076, 6070, 6070, 607e, 607f, 607g. The subject matter of the above sections is taken from the statute of 1873-4, page 499, as amended in 1901, page 285, and 1903, page 69—to prevent cruelty to animals; the statute of 1875-6, page 830, relating to the incorporation of societies for the prevention of cruelty to children; the statute of 1877-8, page 812, for the protection of children; and the statute of 1877-8, page 813, relating to children. Section 1 of the Act of 1875-6, 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 107c is a codification of Section 4 of the Act of 1875-6, page 830, and Section 4 of the Act of 1873-4, page 499. Section 5 of the Act of 1875-6, 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 1877-8, page 813, are consolidated' and codified in Section 607e. Section 5 of the Act of 1873-4, page 499, as amended in 1901, page 285, is codified in Section 607f, and Section 3 of the Act of 1877-8, page 812, is codified in Section 6079, with the exception of subdivision 5 thereof, which is an addition thereto, to cover the matters referred to in the Act of 1877-8, page 813. (See Appendix for copy of Acts.)
$ 607a. 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. [New section; approved March 21, 1905 ; in effect in sixty days.]
Note.--See note to § 607.
$ 607b. 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. [New section; approved March 21, 1905 ; in effect in sixty days.]
Note.-See note to § 607.
$ 607c. All magistrates, constables, sheriffs, and officers of police must, as occasion may require, aid any such corporation, its officers, members, and agents, in the enforcement of all laws which are now or may be hereafter enacted relating to or affecting children or animals. [New section; approved March 21, 1905; in effect in sixty days. ]
Note.-See note to § 607.
$ 607d. The provisions of this title extend to all corporations heretofore formed and existing for the prevention of cruelty to children or animals, but do not extend or apply to any association, society, or corporation which uses or specifies a name or style the same, or substantially the same, as that of any previously existing society or corporation in this State organized for a like purpose. [New section; approved March 21, 1905; in effect in sixty days. ]
Note.-See note to $ 607.
$ 607e. All fines, penalties, and forfeitures imposed and collected in any county, or city and county, of this State under the provisions of any law of this State, now or hereafter