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t' is 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.-$$ 607, 607a, 6076, 607c, 607d, 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 6076. Section 607c 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.
8 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 enacted, relating to or affecting children or animals, in every case where the prosecution was instituted, aided, or conducted by any such corporation or society now or hereafter existing, must, except where otherwise provided, inure to such corporation or society in aid of the purposes for which it was incorporated or organized. In addition to said fines, penalties and forfeitures, every society incorporated and organized for the prevention of cruelty to animals may, in each city, or city and county, or county, where such society exists, while actively engaged in enforcing the provisions of the laws of this State, now or hereafter enacted, for the prevention of cruelty to animals, or arresting, or prosecuting offenders thereunder, or preventing cruelty to animals, be paid, as compensation therefor, from the county, or city and county general fund by the Board of Supervisors, a sum not exceeding one hundred and fifty dollars per month, in the same manner as other claims against said county, or city and county, are paid. [New section; approved March 21, 1905; in effect in sixty days. ]
Note.-See note to $ 607.
$ 607f. All members and agents, and all officers of each or any of such corporations or societies, as may by the trustees thereof be duly authorized in writing, approved by a Judge of the Superior Court of the county in which such corporation or society was organized, and sworn in the same manner as are constables or peace officers, have power lawfully to interfere to prevent the perpetration of any act of cruelty upon any child or dumb animal, and may use such force as is necessary to prevent the same, and to that end may summon to their aid any bystander; they may make arrests for the violation of any penal law relating to or affecting children or animals in the same manner as a constable or other peace officer; and may carry the same or similar weapons that such officers are authorized to carry. All such members and agents must, when making such arrests, exhibit and expose a suitable badge to be adopted by such corporation or society. All persons resisting such specially appointed officers, when performing any duty under this section, are guilty of a misdemeanor. [New section; approved March 21, 1905; in effect in sixty days.]
Note.-See note to $ 607.
$ 607g. Any child under the age of sixteen years that comes within any of the following descriptions named :
1. Who is found begging or receiving or gathering alms (whether actually begging, or under the pretext of selling or offering for sale anything), or being in any street, road, or public place for the purpose of so begging, gathering, or receiving alms ;
2. Who is found wandering and not having any home or settled place of abode, or proper guardianship, or visible means of subsistence ;
3. Who is found destitute, either being an orphan, or having a vicious parent who is undergoing penal servitude or imprisonment;
4. Who frequents the company of reputed thieves or prostitutes, or houses of prostitution or assignation, or dance houses, concert saloons, theaters, or variety halls, or other places of amusement where spirituous, malt, or vinous liquors are sold, without parent or guardian;
5. Who is engaged or used for or in any business, exhibition, vocation, or purpose, in violation of any law of this State ;
-Must be arrested and brought before a court or magistrate, and when, upon examination before such court or magistrate, it appears that any such child has been engaged in any of the aforesaid acts, or comes within any of the aforesaid descriptions; or when, upon the examination or conviction of any person having the custody of a child, of a criminal assault upon it, the court or magistrate before whom such examination or conviction is bad deems it desirable for the welfare of such child that the person so examined or convicted should be deprived of its custody thereafter; such court or magistrate, when it deems it expedient for the welfare of such child, may commit such child to an orphan asylum, corporation, or society for the prevention of cruelty to children, charitable or other institution, or make such other disposition thereof as now is or hereafter may be provided by law in cases of vagrant, truant, disorderly, pauper, or destitute children. Any corporation, organized under this title, or now existing, for the prevention of cruelty to children, or any officer or member thereof, may institute proceedings under this section for the welfare of any such child. [New section; approved March 21, 1905 ; in effect in sixty days.]
Note.--See note to § 607.
609. Who are members eligible to vote and hold office.
[See Appendix: Deeds; Crematories.]
$ 608. Corporations organized to establish and maintain cemeteries may take, by purchase, donation, or devise, land, not exceeding three hundred and twenty acres in extent, in the county wherein their articles of incorporation are filed, or in an adjoining county, and may employ any surplus moneys in the treasury thereof for such purpose; such lands to be held and occupied exclusively as a cemetery for the burial of the dead. The lands must be surveyed and subdivided into lots or plats, avenues, and walks, under order of the directors, and a map thereof filed in the office of the Recorder of the county wherein the lands are situated. Thereafter, upon such terms and subject to such conditions and restrictions, to be inserted in the conveyances, as the by-laws or directors may prescribe, the directors may sell and convey the lots or plats to purchasers. [Amendment in effect March 20, 1891.]
140 Cal. 232.
$ 609. Every person of full age who is proprietor of a lot or plat in the cemetery of the corporation, containing not less than two hundred square feet of land, or, if there be more than one proprietor of any such lot, then such of the proprietors as the majority of joint proprietors designate, may, in person or by proxy, cast one vote at all elections had by the corporation, for directors or any other purpose, and is eligible to any office of the corporation. At each annual meeting or election, the directors must make a report to the proprietors of all their doings, and of the management and condition of the property and concerns of the corporation.
140 Cal. 232.
$ 610. Such corporations may hold personal property to an amount not exceeding five thousand dollars, in addition to the surplus remaining from the sales of lots or plats after the payments required in the succeeding section. Such surplus must be disposed of in the improvement, embellishment, and preservation of the cemetery, and paying incidental expenses of the corporations, and in no other manner.
140 Cal. 232.
§ 611. Such corporations may issue their bonds, bearing interest not exceeding twelve per cent per annum, for the purchase of lands for their cemeteries, payable out of the proceeds of the cemetery, and not otherwise. Sixty per cent of the proceeds of sales of lots, plats, and graves must be applied at least every three months to the payment of the bonds and interest. Such corporations may also agree with the person or