ACT 4153.

Public schools of, employment of teachers in. [Stats. 1873

4, p. 472.]

Amended 1875-6, 122. Probably repealed by Political Code, sec. 166, as amended 1893, 255.

ACT 4154.

Supervisors to fix and pay compensation of under-sheriff of. [Stats. 1873-4, p. 593.]

Superseded by County Government Acts, see 1897, 568, sec, 210.

АСТ 4155.

Fixing salary of members of board of supervisors. [Stats. 1871-2, p. 380.]

Repealed by County Government Act, 1897, 568, sec. 210.

АСТ 4156.

Supervisors to fix rate of tolls to be charged on wagon roads. [Stats. 1873-4, p. 607.]

See County Government Act, 1897, 452, sec. 25, subd. 36.

TITLE 507.
TRUSTS.

ACT 4161.

To provide for the more certain execution of express trusts in case of the death of the last surviving trustee. [Stats. 1867-8, p. 170.]

Superseded by Civil Code, secs. 2287-2289.

АСТ 4162.

An act to encourage and provide for the dissemination of a knowledge of the arts, sciences, and general literature, and the founding, maintaining, and perpetuating public libraries, museums, and galleries of art, and the receipt of donations and contributions thereto when established; for the conveyance, holding, and protec tion of real property within this state suitable for the purposes herein designated, and the erection thereon of buildings appropriate to such purposes, and for the creation of trusts necessary or proper for the better preservation of such institutions, and the control and management thereof.

[Approved March 5, 1887. Stats. 1887, p. 26.]

Manner of conveying gifts for dissemination of knowledge of arts, etc.

Section 1. Any person intending in his lifetime or by will or trust deed, to operate after his death, to found, maintain, and perpetuate in this state a public library, museum, gallery of art, or any or all thereof, for the diffusion of mechanical, scientific, artistic, and general knowledge, may to that end and for such purpose, and for any purpose within the purview of the title of this act, convey in writing by words denoting a gift or grant to one or more trustees named in such gift or grant, and to their successors, any library or collection of books and works for such public library, or any museum, or gallery of art in this state, and such gift or grant may also express and shall be construed to be a conveyance of the future additions and accretions thereof; and he may also in like manner, to that end, and for such purpose, convey by grant to such trustee or trustees any real property within this state belonging to him, which may be necessary or proper for the erection and maintenance of buildings suitable to such institution, and the buildings erected thereon, with grounds, conveniently adjacent thereto, and other lands, tenements, and hereditaments for the purpose of producing an income for the support and maintenance of such institutions, or any of them, and any collateral burdens which may be imposed by the terms of such foundation as part and parcel of the regulations for its conduct, and also personal property of all descriptions, which may subserve the purposes 01 the institution and maintenance of any such library, museum, or gallery or art.

Gifts by other than founder.

Sec. 2. Any contributions or gifts by any other person than the founder, of any property suitable to the general plan or support of any institution mentioned in the title of this act, shall immediately vest in the trustees, and become incorporated into and subject to the trust, and to all its terms and conditions, and be managed under the rules and regulations prescribed therefor.

Sec. 3. The person making such gift, grant, or conveyance, as founder, may therein designate,

1. The name by which the institution so founded and maintained shall be known.

2. Its nature, object, and purposes.

Gen. Laws-90

3. The powers and duties of the trustees, which shall not be exclusive of other powers and duties that, in their judg ment, may be necessary more effectually to carry out the purposes of such institution.

4. The mode and manner and by whom the successors to the trustees named in the gift or grant shall be appointed.

5. Such rules and regulations for the management of such institution, and the furtherance of its purposes, as the grantor may elect to prescribe; but such rules and regulations shall, unless the grant shall otherwise prescribe, be deemed a lvisory only, and shall not preclude such trustees or their successors from making such changes as new conditions may, from time to time, require.

6. The place or places where the necessary buildings shall be erected, and the general character thereof. The person making such grant may therein provide for all other things necessary or proper to carry out the purposes thereof, or otherwise, by his last will or testament.

Sec. 4. The trustees named in such gift or grant, and their successors, may, in the name of such institution desig nated in the gift or grant, sue aad defend in relation trust property, and to all matters affecting the institution so founded and established.

Privileges granted to founder.

the

Sec. 5. By a provision in such gift or grant, the founder may elect, in respect to the personal and real property conveyed, and the additions and increase thereof, and in respect to the erection, maintenance, and management of any buildings auxiliary thereto, and in respect to any prop erty connected with such institution, to reserve to himself a veto and right of annulment or modification of any act of such trustees, in case he shall, within thirty days after notice of the performance of such act, file in the office of said trustees, or deliver to their president or principal omeer, a notice in writing, of such veto, annulment, or modification, and upon a like notice, in conformity with a provision in such gift or grant, he may elect to perform during his life all the powers which, by the terms thereof, are vested in or enjoined upon the trustees therein named, and their successors; provided, that upon the death or disability to act of the founder and grantor, such powers and duties shall be devolved upon, and be exercised by, the trustees named in the gift or grant, and their successors.

Such person may also reserve the right to alter, amend, or modify, at any time during his life, or by his last will and testament, the terms and conditions thereof, and the trust therein created in respect to such institution, its buildings, and the property conveyed therefor.

Election of officers and compensation.

Sec. 6. The founder shall have power in said deed of trust to name and describe the character and personality of any one or more of the immediate or future trustees, the librarian, and other officers, and to name and impose any particular duty to be performed by any one or more trustees or other officers so described and characterized, and to declare and limit any compensation, and fix the character and method of such compensation he may choose to provide for any such trustee or other officer whom the terms of his foundation may characterize, and upon whom specific or general duties shall be imposed.

Gift, how recorded.

Sec. 7. Any such gift or grant may be executed, acknowledged, and recorded in the manner now or hereafter provided by law for the execution, acknowledgment, and recording of grants of real property.

Time of commencing suit.

Sec. 8. No suit, action, or proceeding shall be commenced or maintained by any person to set aside, annul, or affect said gift, grant, or conveyance, or to affect the title to the property conveyed, or the right to the possession or to the rents, issues, and profits thereof, unless the same be commenced within two years after the date of the filing of such grant for record.

Founder may bequeath to state of California.

Sec. 9. Any person, being the founder, making a gift or grant for any of the purposes mentioned in this act, may, at any time thereafter, by last will or testament, devise or bequeath to the state of California all or any of the property, real, and personal, mentioned in such gift or grant, or in any such supplemental thereto, and such devise or bequest shall take effect in case, from any cause whatever, the gift or grant shall be annulled or set aside, or the trusts therein declared shall for any reason fail. Such devise or bequest is hereby suffered to be made by

way of assurance that the intentions of the grantor shal be carried out, and in the faith that the state, in case it shall succeed to the property, or any part thereof, will, to the extent and value of such property carry out, in respect to the objects and purposes of any such grant, all the wishes and intentions of the grantor.

Liberal construction of provisions.

Sec. 10. The provisions of this act shall be liberally con strued, with a view to effect its objects and purposes, and the singular number in the construction thereof shall be deemed to include the plural, and the plural number shall be deemed to include the singular.

Universitics, colleges, schools, etc.

Sec. 11. Nothing in this act shall repeal, modify, change, or have any effect upon any of the provisions of an act of the legislature of the state of California entitled "An act to advance learning, the arts and sciences, and to promote the public welfare by providing for the convey ance, holding, and protection of property, and the creation of trusts for the funding, endowment, erection, and mainte nance, within this state, of universities, colleges, schools, seminaries of learning, mechanical institutes, museums, and galleries of art," approved March ninth, eighteen hundred and eighty-five.

Sec. 12.

ACT 4163.

This act shall take effect immediately.

An act to advance learning, the arts and sciences, and to promote the public welfare, by providing for the con veyance, holding, and protection of property, and the creation of trusts for the founding, endowment, erection, and maintenance within this state of universities. colleges, schools, seminaries of learning, mechanical institutes, museums, and galleries of art.

[Approved March 9, 1885. Stats. 1885, p. 49.]

Amended 1891, 454. Supplemented 1903, 140. See next act. Cal. Rep. Cit. 113, 134; 113, 139.

Construction of act.

Section 1. The provisions of this act shall be liberally construed with a view to effect its objects and promote its purposes; and in the construction thereof the singular number shall be deemed to include the plural, and the