tion, and thereupon the Treasurer of State shall return to said corporation all its securities.

SEC. 20. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed.

SEC. 21. This Act shall take effect and be in force from and after its passage.

SEC. 22. Any corporation exercising the powers and performing the duties provided for in said Act, shall keep inviolate all communications confidentially made to it touching the existence, condition, management, and administration of any trusts confided to it; and no creditor or stockholder of any such corporation shall be entitled to disclosure of any such communication; provided, however, that the president, manager and secretary of such corporation shall be entitled to knowledge of such communication; and provided further, that in any suit or proceeding touching the existence, condition, management or administration of such trust, the court wherein the same is pending may require disclosure of any such communication. [New section;-approved March 20, 1903.]

SEC. 23. The use of the word "trust" in combination or in connection with the word "company," "corporation," "incorporation," "association," "society," "organization," or "syndicate" is hereby prohibited to all persons, firms, associations, companies or corporations, other than corporations provided for by a certain Act of the Legislature entitled "An Act authorizing certain corporations to act as executor and in other capacities and to provide for and regulate the administration of trusts by such corporations," approved April 6, 1891, and any person, firm, association, company or corporation which uses the word "trust" in combination with or in connection with the word "company," "corporation," "incorporation," "association," "society," "organization" or "syndicate" as the name under which business is done or transacted, shall be subject to the provisions of the Act last referred to and to the supervision of the Bank Commissioners as required by the said Act. Any person, firm, association, company or corporation making use of the word "trust" in combination or in connection with the word "company," "corporation," "incorporation," "association," "society," "organization" or "syndicate" in the manner herein above mentioned in the transaction of business and not subject to the provisions of said Act and the supervision of the Bank Commissioners as in said Act provided

shall forfeit for each day the offense is committed, the sum of one hundred dollars, to be recovered by the Bank Commissioners of the State of California in the manner provided by law. [New section; approved March 18, 1905; in effect immediately.]

See also § 2902 and § 290a of the Civil Code.

CEMETERY CORPORATIONS.

An Act to provide the manner of execution of deeds by cemetery corporations.

[Approved March 26, 1895.]

The people of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. All deeds or conveyances executed by cemetery associations or incorporations within this State, shall be executed in the name of the corporation or association, under the seal thereof, by the president, or vice-president, and secretary thereof.

SEC. 2. All Acts and parts of Acts in conflict with this statute, in so far as they conflict with the same, are hereby repealed.

SEC. 3. This Act shall take effect and be in force from and after its passage.

An Act to authorize the incorporation of rural cemetery associations.

[Approved April 18, 1859. Amended Stats. 1863-4, p. 12; Stats. 1891, p. 264.]

The people of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. Any number of persons residing in this State, not less than seven, who shall desire to form an association for the purpose of procuring and holding lands, to be used exclusively for a cemetery, or place for the burial of the dead, may meet at such time and place, as they, or a majority of them may

agree, and appoint a chairman, or secretary, by a vote of the majority of the persons present at the meeting, and proceed to form an association, by determining on a corporate name, by which the association shall be called and known, by determining on the number of trustees, to manage the concerns of the association, which number shall not be less than six, nor more than twelve, and thereupon may proceed to elect, by ballot, the number of trustees, so determined on, and the chairman and secretary shall, immediately after such election, divide the trustees, by lot, into three classes: those in the first class to hold their office one year; those in the second class, two years; and those in the third class, three years; but the trustees of each class may be re-elected, if they shall possess the qualification hereinafter mentioned. The meeting shall also determine on what day, in each year, the future annual elections of trustees hall be held.

SEC. 2. The chairman and secretary of the meeting shall, within three days after such meeting, make a written certificate, and sign their names thereto, and acknowledge the same before an officer authorized to take proof and acknowledgment of conveyances, in the county where such meeting shall have been held, which certificate shall state the names of the associates determined upon by the majority of the persons who met; the number of trustees fixed on to manage the concerns of the association; the names of the trustees chosen at the meeting, and their classification, and the day fixed on for the annual election of trustees; which certificate it shall be the duty of the chairman and secretary of such meeting to cause to be filed and recorded in the office of the County Clerk of the county in which the cemetery-grounds are situated, in a book to be appropriated to the recording of certificates of incorporation.

SEC. 3. Upon such certificate, duly acknowledged and filed as aforesaid, being recorded, the association mentioned therein shall be deemed legally incorporated, and shall be a body politic and corporate, in fact and in name, by the name stated in the certificate, and by their corporate name, have succession and power:

First-To sue and be sued in any court.

Second-To make and use a common seal, and alter the same at pleasure.

Third-To purchase, hold, sell, and convey, such real and personal estate as the purposes of the incorporation shall require.

Fourth-To appoint such officers, agents, and servants, as the Lusiness of the corporation shall require, to define their powers, prescribe their duties, and fix their compensation.

Fifth-To require of them such security as may be thought proper for the fulfillment of their duties, and to remove them at will, except that no trustee shall be removed from office unless by a vote of two thirds of the whole number of trustees, or by a vote of a majority of the trustees, on a written request, signed by one half of the lot-owners.

Sixth-To make by-laws not inconsistent with the laws of this State, for the organization of the company, the management of the property, regulation of its affairs, and for carrying on all kinds of business within the object and purposes of the company. The affairs and property of such association shall be managed by the trustees, who shall annually appoint, from among their number, a president and vice-president, and shall also appoint a secretary and treasurer, who shall hold their places during the pleasure of the board of trustees, and the trustees may require the treasurer to give security for the faithful performance of the duties of his office.

SEC. 4. Any association incorporated under this Act, may take, by purchase or devise, and hold, within the county in which the certificate of their incorporation is recorded, not exceeding three hundred and twenty acres of land, to be held and occupied exclusively for a cemetery for the burial of the dead. Such land, or such parts thereof as may from time to time be required for that purpose, shall be surveyed and subdivided into lots or plats of such size as the trustees may direct, with such avenues, paths, alleys, and walks, as the trustees deem proper; and a map or maps of such surveys shall be filed in the office of the County Recorder of the county in which the land shall be situated. And after filing such map, the trustees may sell and convey the lots or plats designated upon such map, upon such terms as shall be agreed upon, and subject to such conditions and restrictions, to be inserted in or annexed to the conveyances, as the trustees shall prescribe. The conveyances to be executed under the common seal of the association, and signed by the president or vice-president, and the treasurer of the association. Any association incorporated under this Act, may hold personal property to an amount not exceeding five thousand dollars, besides what may arise from the sale of lots or plats.

SEC. 5. The annual election for trustees, to supply the place of those whose term of office expires, shall be holden on the day mentioned in the certificate of incorporation, and at such hour and place as the trustees shall direct; at which election shall be chosen such number of trustees as will supply the places of those whose term expires. The trustees chosen at any election subsequent to the first, shall hold their places for three years, and until others shall be chosen to succeed them. The election shall be by ballot, and every person of full age, who shall be the proprietor of a lot or plat in the cemetery of the association, containing not less than two hundred square feet of land, or if there be more than one proprietor of any such lot, or plat, then such one of the proprietors as the majority of joint-proprietors shall designate to represent such lot or plat, may, either in person or by proxy, give one vote for each plat, or lot, of the dimensions aforesaid; and the persons receiving a majority of all the votes given at such election, shall be trustees, to succeed those whose term of office expires. But in all elections after the first, the trustees shall be chosen from among the proprietors of lots, or plats, and the trustees shall have power to fill any vacancy in their number occurring during the period for which they hold their office. Public notice of the annual elections shall be given in such manner as the by-laws of the corporation shall prescribe.

SEC. 6. The trustees, at each annual election, shall make reports to the lot-proprietors of their doings, and of the management and condition of the property and concerns of the association. If the annual election shall not be held on the day fixed in the certificate of incorporation, the trustees shall have power to appoint another day, not more than sixty days thereafter, and shall give public notice of the time and place at which time the election may we held, with like effect as if holden on the day fixed on in the certificate. The office of the trustees chosen at such time, to expire at the same time as if they had been chosen at the day fixed by the certificate of incorporation.

SEC. 7. Ater its formation in the manner provided in the preceding section, the corporation shall proceed to purchase suitable grounds for the proposed cemetery, and to the vendor thereof they are authorized to issue the bonds of the corporation for the amount of the purchase money, bearing interest not exceeding the rate of twelve per cent per annum, but payable