Abbildungen der Seite

to any cemetery lot, plot or grave, devised or given to it in trust for the specific purpose of perpetually caring for the same. En. March 21, 1872. Am'd. 1900-1, 814.

$ 613. When burial lot inalienable. Who may not be buried in lot. 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 interests in such lot or plat, one or more may acquice 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. En. March 21, 1872. Am'd. 1885, 1.

Cal.Rep.Cit. 115, 375.

$ 614. Lot owners previous to purchase to be members of the corporation. 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. En. March 21, 1872.

$ 615. May sell lands, how. 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. En. Stats. 1889, 61.

$ 616. May hold property. Income, how applied. 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. En. Stats. 1895, 162. Am'd. 1900-01, 814.

Cal.Rep.Cit. 138, 557.

TITLE XIV. AGRICULTURAL FAIR CORPORATIONS. $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. May acquire and hold real estate, how much. 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. En. March 21, 1872.

$ 621. Shall not contract debts or liabilities exceeding amount in treasury. 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 mort. gage 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, En. March 21, 1872.

$ 622. Not for profit. May fix fee, etc., for membership. 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 de fray the current expenses of fairs. En. March 21, 1872.

Cal.Rep.Cit. 93, 368.


GAS CORPORATIONS. § 628. Corporations to obtain privilege from city or town and

use meters proved by the inspector. $ 629. Gas to be supplied on written application. Damages for

refusal. $ 630, When corporations may refuse to supply gas. $ 631. Agent of corporation may inspect meters. $ 632. When persons neglect to pay, gas may be shut off.

$ 628. Corporations to obtain privilege from city or town and use meters proved by the inspector. No corporation hereafter formed must supply any city or town with gas, or lay down mains or pipes for that purpose in the streets or alleys thereof, without permission from the city or town authorities, granted in pursuance of the provisions of the Political Code or of statutes expressly continued by such code. Nor must such corporation furnish or use any gas-meter which has not been proved and sealed by the inspector of gas-meters. En. March 21, 1872.

The constitution of 1879 gives the right to lay gaspipes in streets under certain conditions: Const., art. XI, sec. 19.

$ 629. Gas to be supplied on written application. Damages for refusal. Upon the application in writing of the owner or occupant of any building or premises distant not more than one hundred feet from any main of the corporation, and payment by the applicant of all money due from him, the corporation must supply gas as required for such building or premises, and cannot refuse on the ground of any indebtedness of any former owner or occupant thereof, unless the applicant has undertaken to pay the same. If, for the space of ten days after such application, the corporation refuses or neglects to supply the gas required, it must pay to the applicant the sum of fifty dollars as liquidated damages, and five dollars a day as liquidated damages for every day such refusal or neglect continues thereafter. En. March 21, 1872.

Cal.Rep.Cit. 109, 144; 132, 211.

$630. When corporations may refuse to supply gas. 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 suficient to pay the cost of laying such service pipe, or his proportion thereof. En. March 21, 1872.

$ 631. Agent of corporation may inspect meters. Any agent of a gas corporation exhibiting written authority, signed by the president or secretary thereof for such purpose, may enter any building or premises lighted with gas supplied by such corporation, to inspect the gas-meters therein, to ascertain the quantity of gas supplied or consumed. Every owner or occupant of such buildings who binders or prevents such entry or inspection must pay to

the corporation the sum of fifty dollars as liquidated danages. En. March 21, 1872.

$ 632. When persons neglect to pay, gas may be shut off. All gas corporations may shut off the supply of gas from any person who neglects or refuses to pay for the gas supplied, or the rent for any meter, pipes, or fittings provided by the corporation as required by his contract; and for the purpose of shutting off the gas in such case any employee of the corporation may enter the building or premises of such person, between the hours of eight o'clock in the forenoon and six o'clock in the afternoon of any day, and remove therefrom any property of the corporation used in supplying gas. En. March 21, 1872.

Cal.Rep.Cit. 132, 212.

TITLE XVI. LAND AND BUILDING CORPORATIONS. § 633. Formation and organization. Articles of incorporation, what

to set forth. $ 634. Capital stock. § 635. Retiring free shares. $ 636. Maturity of stock. § 637. Loans and installments.

638. Rate of interest. Security.

639. Forfeiture-arrears in payments. $ 640. Purchase of real estate.

641, Borrowing money. 642. Profits and losses.

643. Membership. $ 644.

Annual report. $ 645. Foreign corporations, deposit by. $646. Electing to continue business.

647. Subject to provisions relating to bank commissioners.

648. Definition of. Š 64819. Taxation of.

$ 633. Formation and organization. Articles of incor. poration, what to set forth. Corporations may be formed subject to the provisions of this title, and with all the rights, duties, and powers herein specified. Such corporations shall be known as mutual building and loan associations, and the words "mutual building and loan association" shall form part of the name of every such corporation. The articles of incorporation, in setting forth the purposes for which the corporation is formed, shall state, that it is formed to encourage industry, frugality,

« ZurückWeiter »