« SebelumnyaLanjutkan »
SEC. 21. Every animal which is unfit, by reason of its physical condition, for the purpose for which such animals are usually employed, and when there is no reasonable probability of such animal ever becoming fit for the purpose for which it is usually employed, shall be, by the owner or lawful possessor of the same, deprived of life within twelve hours after being notified by any peace officer, or officer of said society, to kill the same, and such owner, possessor, or person omitting or refusing to comply with the provisions of this section, shall, upon conviction, be deemed guilty of a misdemeanor, and after such conviction the court or magistrate having jurisdiction of such offense shall order any peace officer, or officer of such society, to immediately kill such animal; provided, that this shall not apply to such owner keeping any old or diseased animal belonging to him on his own premises with proper care. [New section; in effect March 14, 1901.]
SEC. 22. Any person or persons holding a lien or liens against any animal or animals under the provisions of this Act may satisfy such lien as follows: If such lien be not paid, by the party or parties responsible, within three days after the obligation becomes due, then the party or parties holding such lien may resort to the proper court to satisfy the claim; or he or they, three days after the charges against such property becomes due, may sell the same, or such undivided fraction thereof as may become necessary, to defray the amount due and costs of sale, by giving three days' notice of the sale by advertising in some newspaper published in the county, or city and county, in which the lien has attached to the property; or, if there is no paper published in the county, then by posting notices of the sale in three of the most public places in the town or township for three days previous to the sale. Said notices shall contain an accurate description of the property to be sold, together with the terms of sale, which must be for cash, payable on the consummation of the sale. The proceeds of the sale must be applied to the discharge of the lien and the costs of sale; the remainder, if any, must be paid over to the owner, if known, and if not known must be paid into the treasury of the humane society of the county, or city and county, wherein the sale takes place; if no humane society exists in the county, then the remainder shall be paid into the county treasury. [New section; in effect March 14, 1901.]
. PREVENTION OF CRUELTY TO CHILDREN.
The following Act was codified by the Legislature of 1905 (see Sections 607 to 607g of the Civil Code), but is placed herein for the reason that, under Section 288 of the Civil Code, it is applicable to all corporations formed under its provisions:
An Act for the incorporation of societies for the prevention of cruelty to children.
[Approved April 3, 1876.]
The people of the State of California, represented in Senate and Assembly, do enact as follows:
SECTION 1. Any five or more persons of full age, a majority of whom shall be citizens and residents within the State, who shall desire to associate themselves together for the purpose of preventing cruelty to children, may make, sign, and acknowledge, before any person authorized to take acknowledgments of deeds of this State, and file in the office of the Secretary of State, and, also, in the office of the Clerk of the county in which the business of the society is to be conducted, a certificate in writing, in which shall be stated the name or title by which said society shall be known in law, the particular business and objects of such society, the number of trustees, directors, or managers, to manage the same, and the names of the trustees, directors, or managers of the society for the first year of its existence; but such certificate shall not be filed unless the written consent and approbation of the District Judge of the district in which the place of business or principal office of such society shall be located, be indorsed on such certificate.
SEC. 2. Upon filing the certificate as aforesaid, the persons who shall have signed and acknowledged such certificate, and their associates and successors, shall thereupon, by virtue of this Act, be a body politic and corporate by its name stated in such certificate, and as such shall have power:
First-To have perpetual succession by its corporate name.
Second-To sue and be sued, complain and defend, in any court of law or equity.
Third-To make and use a common seal, which may be affixed by making an impression directly in the paper, and alter the same at pleasure.
Fourth-To appoint such officers, managers, and agents, as the business of the corporation may require.
Fifth-To make by-laws, not inconsistent with the laws of this State or of the United States, for the management of its property and the regulation of its affairs.
Sixth-To contract and be contracted with.
Seventh-To take and hold by gift, purchase, grant, devise, or bequest, any property, real and personal, or the same to dispose of at pleasure. But such a corporation shall not, in its corporate capacity, hold real estate the yearly income derived from which shall exceed the sum of fifty thousand dollars.
Eighth-To exercise any corporate powers necessary for the exercise of the powers above enumerated and given.
SEC. 3. Any society so incorporated may prefer a complaint before any court or magistrate having jurisdiction, for the violation of any law relating to or affecting children, and may aid in bringing the fact before such court or magistrate in any proceeding taken.
SEC. 4. All magistrates, constables, sheriffs, and officers of police shall, as occasion may require, aid the society so incorporated, its officers, members, and agents, in the enforcement of all laws which now are or may hereafter be enacted relating to or affecting children.
SEC. 5. The provisions of this Act shall not extend or apply to any association or individuals who shall, in the certificate filed as hereinabove provided, use or specify a name or style the same, or substantially the same, as that of any previously existing incorporated society in this State.
SEC. 6. This Act shall take effect immediately.
CHAMBERS OF COMMERCE, BOARDS OF
The following Act was codified by the Legislature of 1905 (see Sections 591 to 592e of the Civil Code), but is placed herein for the reason that, under Section 288 of the Civil Code, it is applicable to all corporations formed under its provisions:
An Act to provide for the formation of chambers of commerce, boards of trade, mechanic institutes, and other kindred protective associations.
[Approved March 31, 1866. Amended March 10, 1885.]
The people of the State of California, represented in Senate and Assembly, do enact as follows:
SECTION 1. That corporations for the formation and organization of chambers of commerce, boards of trade, mechanic institutes, and other associations for the extension and promotion of trade and commerce, or the advancement, protection, and improvement of the mechanic arts and sciences, may be formed and organized according to the provisions of this Act, and such corporations, and the members thereof, shall be subject to the liabilities herein imposed, and to none other.
SEC. 2. Any twenty or more persons who may desire to form a corporation for either of the purposes specified in the preceding section, shall make, sign, and acknowledge, before some officer competent to take the acknowledgment of deeds, and file in the office of the County Clerk of the county in which the principal place of business of the company is intended to be located, and a certified copy thereof in the office of the Secretary of State, a certificate in writing, in which shall be stated the corporate name of the corporation, the object for which the corporation shall be formed, the time of its existence, not to exceed fifty years, and the name of the city or town, and county, in which the principal place of business of the corporation is to be located.
SEC. 3. A copy of any certificate of incorporation filed in pursuance of this Act and certified by the County Clerk of the county in which it is filed, or his deputy, or by the Secretary
of State, shall be received in all courts, actions, proceedings, and places, as presumptive evidence of the facts therein stated. SEC. 4. When the certificate provided for in section two of this Act shall have been filed as therein provided, the persons who shall have signed and acknowledged the same, and such persons as shall thereafter become their associates or successors, shall be a body politic and corporate, and by their corporate name have succession for the period limited, and power: First-To sue and be sued in any court;
Second-To make and use a common seal, and to alter the same at pleasure;
Third-To lease, purchase, hold, sell, mortgage, convey in trust, convey, release from trust or mortgage, such real and personal estate as hereinafter provided in this Act;
Fourth-To elect or appoint such officers, agents, and servants as the business of the corporation shall require;
Fifth-To make by-laws, not inconsistent with the laws of this State, providing for the organization of the corporation and the management of its affairs.
SEC. 5. Corporations formed under this Act may have a capital stock, and may issue certificates to represent shares of such capital stock; provided, that the certificate directed in the second section of this Act to be executed and filed shall contain a statement of the amount of such capital stock and the number of shares into which it is divided; and, provided, further, that the rights and privileges to be accorded to stockholders, as distinct from those to be accorded to members at large of the corporation, and the obligations to be imposed upon stockholders in the same relation, shall be fixed and established in the by-laws of each of such corporations.
SEC. 6. Corporations formed under this Act may confer upon a board of trustees or directors, or upon a body to be styled the executive committee of the corporation, the right to exercise all or any portion of the corporate powers of the corporation; provided, that the certificate directed by the second section of this Act to be executed and filed in those cases in which the right to exercise the corporate powers is confined to a board of trustees or directors, or to a body to be styled the executive committee of the corporation, shall state the fact, and also whether the right is limited or otherwise; and in such corporations the said certificate shall also state the number of such trustees or directors, or committee, and the names