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persons from whom cemetery lands shall be purchased to pay for such lands, as the purchase price thereof, any specified share or portion, not exceeding one half, of the proceeds of all sales of lots or plats made from such lands; such payment to be made at such intervals as may be agreed upon. In all cases where cemetery lands shall be purchased and agreed to be paid for in the manner last provided, the prices for lots or plats specified in the by-laws, rules, or regulations first adopted by such association, or prescribed in the agreement between the cemetery and the person or persons from whom the cemetery lands were purchased, shall not be changed without the written consent of a majority in interest of the persons from whom such lands were purchased, their heirs, representatives, or assigns. [Amendment in effect April 16, 1880.]
140 Cal. 232.
§ 612. Any corporation organized to establish and maintain, or to improve, a cemetery, may take and hold title to any cemetery lot, plat or grave, devised or given to it in trust for the specific purpose of perpetually caring for the same. [Amendment approved March 25, 1901; in effect in sixty days.]
$ 613. Whenever an interment is made in any lot or plat transferred to individual owners by the corporation, the same thereby becomes forever inalienable, and descends in regular line of succession to the heirs at law of the owner. When there are several owners of interest in such lot or plat, one or more may acquire by purchase the interest of others interested in the fee simple title thereof, but no one not an owner acquires interest or right of burial therein by purchase; nor must any one be buried in any such lot or plat not at the time owning an interest therein, or who is not a relative of such owner, or of his wife, except by consent of all jointly interested; provided, however, that when all the bodies buried in any such lot shall have been removed therefrom, with the consent of the owners of such lot, it shall be lawful for the then owners of such lot to sell and transfer the same by deed; and any such sale and transfer heretofore made is hereby declared to be valid and effectual to transfer the title to the purchaser, any law to the contrary thereof notwithstanding. [Amendment in effect February 10, 1885.]
115 Cal. 375; 140 Cal. 232.
$ 614. When grounds purchased or otherwise acquired for cemetery purposes have been previously used as a burial ground, those who are lot owners at the time of the purchase continue to own the same, and are members of the corporation, with all the privileges a purchase of a lot from the corporation confers.
140 Cal. 232.
§ 615. Cemetery corporations may sell lands held by them upon obtaining an order for that purpose from the Superior Court of the county where the lands are situated. Before making the order, proof must be made to the satisfaction of the court that notice of the application for leave to sell has been given by publication in such manner and for such time as the court has directed, and that the lands are not required for and are not in use for burial purposes, and that it is for the interest of the corporation that such lands be sold. The application must be made by petition, and any member of the corporation may oppose the granting of the order by affidavit or otherwise. [New section, in effect March 4, 1889.]
140 Cal. 232.
$ 616. Any corporation organized to establish and maintain, or to improve, a cemetery, may take and hold any property bequeathed, granted, or given to it in trust, to apply the proceeds or income thereof to any and all of the following purposes : To the improvement or embellishment of such cemetery or of any lot therein; or to the erection, renewal, repair, or preservation of any monument, fence, or other structure in such cemetery; or to the planting or cultivation of trees, shrubs, or plants in or around such cemetery, or any lot therein; or to the improving, ornamenting, or embellishing of such cemetery, or any lot therein, in any other mode or manner not inconsistent with the purposes for which such cemetery was established or is being maintained. Such property and the proceeds or income thereof shall be invested and reinvested in bonds of the United States, or of this State, or of any municipality of this State, or in first mortgages on real estate, or in centrally located income-producing improved real estate in any city, or city and county in this State, if such investment is not repugnant to the terms of the bequest, grant or gift. (Amendment approved March 25, 1901; in effect in sixty days.]
138 Cal. 557.; 140 Cal. 232.
Agricultural Fair Corporations. SEC. 620. May acquire and hold real estate, how much. 621. Shall not contract debts or liabilities exceeding amount in
treasury. 622 Not for profit. May fix fee, etc., for membership. § 620. Agricultural fair corporations may purchase, hold, or lease any quantity of land, not exceeding in the aggregate one hundred and sixty acres, with such buildings and improvements as may be erected thereon, and may sell, lease, or otherwise dispose of the same at pleasure. This real estate must be held for the purpose of erecting buildings and other improvements thereon, to promote and encourage agriculture, horticulture, mechanics, manufactures, stock-raising, and general domestic industry.
§ 621. Such corporation must not contract any debts or liabilities in excess of the amount of money in the treasury at the time of contract, except for the purchase of real property, for which they may create a debt not exceeding five thousand dollars, secured by mortgage on the property of the corporation. The directors who vote therefor are personally liable for any debt contracted or incurred in violation of this section.
§ 622. Agricultural fair corporations are not conducted for profit, and have no capital stock or income other than that derived from charges to exhibitors and fees for membership, which charges, together with the term of membership and mode of acquiring the same, must be provided for in their by-laws. Such fees must never be greater than to raise sufficient revenue to discharge the debt for the real estate and the improvements thereon, and to defray the current expenses of fairs.
[See Appendix relative to District Agricultural Associations.]
Section 1 of the Act approved March 21, 1905 (in effect in sixty days), reads as follows:
SECTION 1. Title XV of Part IV of Division First of the Civil Code and each and every section thereof are hereby repealed, and a new Title XV is substituted in place thereof in said code, to read as follows:
Corporations to Furnish Light for Public Use. SEC. 629. Duty to furnish gas or electricity.
630. When corporations may refuse to supply gas.
Right to shut off supply of gas or electricity.
§ 628. [Repealed; approved March 21, 1905; in effect in sixty days.]
§ 629. Upon the application in writing of the owner occupant of any building or premises distant not more than one hundred feet from any main, or direct or primary wire, of the corporation, and payment by applicant of all money due from him, the corporation must supply gas or electricity as required for such building or premises, and can not refuse on the ground of any indebtedness of any former owner or occupant thereof, unless the applicant has undertaken to pay the
If, for the space of ten days after such application, the corporation refuses or neglects to supply the gas or electricity required, it must pay to the applicant the sum of fifty dollars as liquidated damages, and five dollars per day as liquidated damages for every day such refusal or neglect continues thereafter. [Repealed and substituted; approved March 21, 1905 ; in effect in sixty days.]
109 Cal. 144; 132 Cal. 211; 141 Cal. 706, 711, 712. Note.-$$ 629, 630, 630a, 631, 632. The purpose of the amendment is to make the above sections applicable to electric as well as to gas-light corporations. To accomplish this, the following changes have been made : In Section 629 the words “or direct or primary wire” are inserted after “main," and the words "or electricity" are inserted in two places after “gas." Section 630a is a new section, to extend the provisions of the chapter “Electric Light Companies,” and provide for advances similar to those made to gas companies by subscribers. In Section 631 the words “any owner or manager of gas or electric works, or agent of such owner or manager, exhibiting written authority, signed by such owner or manager, or” are inserted at the beginning of the section; the words “or electric light” are inserted after “gas”; the words "or electricity” are inserted after "gas," and the words “or electric meters” are
inserted after “meters. In Section 632 the words “or electricity” are added after "gas” in three places, and the word “wires” is inserted after “pipes.”
§ 630. No corporation is required to lay service pipe where serious obstacles exist to laying it, unless the applicant, if required, deposits in advance, with the corporation, a sum of money sufficient to pay the cost of laying such service pipe, or his proportion thereof. [Repealed and substituted; approved March 21, 1905; in effect in sixty days.]
Note.-See note to § 629.
§ 630a. No corporation is required to construct lines for the supply of electric current for light where serious obstacles exist, nor shall such corporation be required to supply such current from a direct wire at a distance too remote from the generating station, to insure a sufficient supply; nor is such corporation required to supply electric current for light from a primary wire carrying current of high voltage, unless the applicant deposit, in advance, a sum of money sufficient to pay the actual costs of such construction and for the appliances required to supply electric current with safety at the proper voltage. [New section; approved March 21, 1905 ; in effect in sixty days.]
Note.-See note to § 629.
8 631. Any owner, manager or superintendent of gas or electric light works, or agent of such owner, manager, or superintendent, exhibiting written authority, signed by such owner, manager or superintendent, or any agent of a gas or electric light corporation exhibiting written authority signed by the president or secretary thereof for such purpose, may enter any building or premises lighted with gas or electricity supplied by such owner or corporation, to inspect the gas meters or electric meters therein to ascertain the quantity of gas or electricity supplied or consumed. Every owner or occupant of such building who hinders or prevents such entry or inspection must pay to the owner or corporation the sum of fifty dollars as liquidated damages. [Repealed and substituted; approved March 21, 1905; in effect in sixty days.]
Note.-See note to $ 629.