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appointment, and terms of admission to membership;

2. The fees of admission and dues to be paid to their
treasury by members:

3. The number of persons that shall constitute a quorum
at any meeting of the corporation, and that an election of
officers of the corporation by a meeting so constituted, or the
appointment or selection of such officers, or any of them, in
any manner required by the rules, regulations, or discipline
of any specified religious denomination, society, or church,
shall be as valid as if made at an election at which a major-
ity of the members of the corporation were present and voted;

4. The expulsion and suspension of members for miscon-

402



Tit. XII.] MEMBERS — TRANSFER. §§ 600, 601

duct or non-payment of dues, also for restoration to mem-
bership ;

5. A special method of organizing the board of directors,
and a special method of increasing or diminishing the num-
ber of directors within the limits as to number prescribed
by section five hundred and ninety-three of this code:

6. Contracting, securing, paying, and limiting the amount
of their indebtedness;

7. That the rules, regulations, or discipline, for the time
being, of any specified religious denomination, society, or
church, shall always be a part of their by-laws, ordinances,
constitutions, or articles of incorporation;

8. Other regulations not repugnant to the constitution or.
laws of the state and consonant with the objects of the cor-
poration.

History: Enacted March 21, 1872, founded upon §§ 8, 9, Act
April 27, 1863, Stats. 1863, p. 627; amended March 14, 1885, Stats,
and Amdts. 1885, p. 136: March 31, 1897, Stats, and Amdts. 1897,
pp. 246, 247.

See Kerr's Cyc. C. C. for 44 pars, annotation.

90 C. 240, 243, 244, 27 P. 191, 192 (applied); 142 C. 489, 495,
76 P. 238 (referred to).

As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

By-laws of ordinary corporations. — See Kerr's Cyc. C. C. § 303
and note.

§600. ME^IBEKS ADMITTED AFTER I>C()RPORATIO>.

Members admitted after incorporation have all the rights and
privileges, and are subject to the same responsibilities, as
members of the association prior thereto.

m.story: Enacted Marcli 21, 1872, founded upon § 8, Act April
27, 1863, Stats. 1863, p. 627.

§ 601. NO MEMBER TO TRANSFER 3IE3mERSniP, ETC.

No member, or his legal representative, must dispose of or
transfer any right or privilege conferred on him by reason
of his membership of such corporation, or be deprived thereof,
except as herein provided.

History: Enacted March 21, 1872.
403



§ 602 CIVIL, CODE. [Div.I.Pt.IV.

§602. RELIGIOUS SOCIETY MAY BECOME A CORPO-
RATION SOLE. Whenever the rules, regulations, or disci-
pline of any religious denomination, society, or church so
require, for the administration of the temporalities thereof,
and the management of the estate and property thereof, it
shall be lawful for the bishop, chief priest, or presiding elder
of such religious denomination, society, or church to become
a sole corporation, in the manner prescribed in this title, as
nearly as may be, and with all the powers and duties, and
for the uses and purposes in this title provided for religious
incorporations, and subject to all the conditions, limitations,
and provisions in said title prescribed.

[Powers.] Every corporation sole shall, however, for the
purposes of the trust, have power to contract in the same
manner and to the same extent as a natural person, and may
sue and be sued, and may defend, in all courts and places, in
all matters and proceedings whatever, and shall have author-
ity to borrow money, and give promissory notes therefor, and
to secure the payment thereof by mortgage or other lien upon
property, real or personal; to buy, sell, lease, mortgage,
and in every way deal in real and personal property in the
same manner that a natural person may, and without the
order of any court; to receive bequests and devises for its
own use or upon trusts to the same extent as natural per-
sons may; and to appoint attorneys in fact.

[Articles of ineorporation to set forth, what.] The articles
of incorporation to be filed shall set forth the facts author-
izing such incorporation, and declare the manner in which
any vacancy occurring in the incumbency of such bishop,
chief priest, or presiding elder is required by the rules, regu-
lations, or discipline of such denomination, society, or church
to be filled, which statement shall be verified by affidavit,
and for proof of the appointment or election of such bishop,
chief priest, or presiding elder, or of any succeeding incum-
bent of such corporation, it shall be sufficient to record with
the clerk of the county in which such bishop, chief priest,
or presiding elder resides, the originals or a copy of his

404



il



Tit. XII.] CORPORATION SOLE. § 602a

commission, or certificate, or letters of election or appoint-
ment, duly attested; provided, all property held by such
bishop, chief priest, or presiding elder shall be in trust for
the use, purpose, and behoof of his religious denomination,
society, or church.

[Certain limitation does not apply.] The limitation in sec-
tion five hundred and ninety-five shall not apply to corpora-
tions formed under this section, when the land is held or
used for churches, hospitals, schools, colleges, orphan
asylums, parsonages, or cemetery purposes. Any judge of
the superior court in the county in which any corporation
is formed under this chapter shall at all times have access
to the books of such incorporation.

[Continuation of corporation sole.] Any corporation sole
heretofore organized and existing under the laws of this
state may elect to continue its existence under this title by
filing a certificate to that effect, under its corporate seal and
the hand of its incumbent, or amended articles of incorpora-
tion, in the form required by this title, and as prescribed
by section two hundred and eighty-seven of this code; and
from and after the filing of such certificate or amended
articles, such corporation shall be entitled to the privileges
and subject to the duties, liabilities, and provisions in this
title expressed.

History: Enacted March 30, 1878, Code Amdts. 1877-8, p. 84;
amended April 6, 1880, Code Amdts. 1880 (C. C. pt.), p. 6; March
11, 1897, Stats, and Amdts. 1897, pp. 101, 102.

See Kerr's Cyc. C. C. for 5 pars, annotation.
94 C. 159, 161, 29 P. 623, 624 (applied).

As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

§602a. CORPORATIOX SOLE, CONTINUOUS EXIST-
ENCE. Every corporation sole shall have continued succes-
sion and continuous existence during the term for which it
is organized to exist, notwithstanding vacancies in the incum-
bency thereof, and during the period of any such vacancy
such corporation sole shall have the same capacity and right

405



§ 603 CIVIL CODE. [Div.I.PtJV.

to receive and take any gift, bequest, devise or conveyance
of property, either as grantee for its own use, or as trustee,
and to be or be made the beneficiary of a trust, as though
there were no vacancy. No agency created by a corporation
sole by a written instrument which in express terms provides
that the agency thereby created shall not be terminated by
a vacancy in the incumbency of such corporation, shall be
terminated or affected by the death of the incumbent of such
corporation or by a vacancy in the incumbency thereof, how-
ever caused.

History: Enacted March 21, 1907, Stats, and Amdts. 1907, p.
836, Korr's Stats, and Amdts. 1906-7, p. 415. In effect imme-
diately.

§603. RELIGIOUS S0( lETY MAY ELECT DIRECTORS
AND INCORPORATE. PROCEDURE. Whenever the regula-
tions, rules, or discipline of any church or religious society
require, for the administration of the temporalities thereof,
or for the management of the property or estate thereof, any
diocese, synod, or district organization of such church or
religious society may elect directors and become an incorpo-
ration in the manner prescribed in this title, and with all the
powers and duties, and for the uses and purposes in this
title provided for benevolent or religious incorporations, and
subject to all the conditions, limitations, and provisions in
said title prescribed, except as otherwise provided in this
section ;

[Convention, etc., to elect directors.] Provided, that direct-
ors of such incorporation may be elected, and that the by-
laws for its government may be made and amended by the
convention, synod, or other representative body of such
church or religious society, in and for such district, in
accordance with the constitution, by-laws, discipline, or regu-
lation thereof, at any regular meeting, or special meeting
called for that purpose; and.

[Certificates of incori»oration to be filed.] Provided, the
certificate of incorporation and of the election of directors
to be filed shall be sufficiently signed and attested by the

406



'I

J



Tit. XII.] INCORPORATING CHURCH, ETC. § 604

signature of the presiding officer and secretary of tlie repre-
sentative convention, synod, or otlier sucli body, in which
such election is held; and,

[Property in trust for the society — Section 595 not to apply
to these corporations.] Provided, all property held by such
incorporation shall be in trust for the use, benefit, and pur-
pose of the church or religious society, by and for which such
incorporation was formed, and in and of which such diocese,
synod, or other district is an organized or constituent part;
and that the limitation in section five hundred and ninety-
five shall not apply to corporations formed under this sec-
tion, when the land is held or used for churches, hospitals,
schools, colleges, asylums, parsonages, or cemetery purposes.

History: Enacted March 12, 1885, Stats, and Amdts. 1885,
pp. 109, 110. It is thought the legislature sought to repeal this
provision by the act given in next section, but it is manifestly
inadequate for that purpose.

See Kerr's Cyc. C. C. for 5 pars, annotation.

114 C. 295, 300, 301, 46 P. 2 (referred to with other sections);
128 C. 257, 262, 60 P. 865 (held not applicable).

As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

§ 604. SAME. Any church or other religious association
in this state, composed of two or more constituent parishes,
missions, congregations, or societies, having a common con-
vention, synod, council, or other representative legislative
body, may be incorporated by such representative body under
this part and subject to the provisions of this title, except
as otherwise provided in this section.

[Name; purpose, term, etc.] The representative body of
such religious association electing to incorporate the same,
shall determine the name of the proposed corporation, the
purpose for which it is formed, the place where its principal
business is to be transacted, the term for which it is to
exist, and the number of its directors, and shall elect its
directors for the first year.

[Signed by secretary and president.] The articles of incor-
poration need only be signed and acknowledged by the

407



§ 604 CIVIL CODE. [Div.T.Pt.IV.

presiding officer and secretary of such representative body,
and in addition to the requirements of section two hundred
and ninety, shall set forth the proceedings herein prescribed
for said representative body, and that the same were duly
had in accordance with the constitution, canons, rules, or
regulations governing the other proceedings of said repre-
sentative body, and the time and place thereof.

[Election of directors.] The directors of such corporation
shall be elected annually by the representative body of the
association.

[liy-laws; repeal, aniendnient, etc.] The representative
body providing for such incorporation shall frame by-laws
for the corporation, and such by-laws may be repealed or
amended, or new by-laws may be adopted by any subsequent
representative body in accordance with the constitution,
canons, rules, or regulations governing the other proceedings
of such representative body. Such corporation may hold and
administer not only the common property, funds, and money
of such association, but also the property, funds, and money
of any constituent parish, mission, congregation, or society.

The limitation in section five hundred and ninety-five shall
not apply to corporations formed under this section when
the land is held or used for churches, hospitals, schools, col-
leges, asylums, parsonages, or cemetery purposes.

History: Enacted March 11, 1887, Stats, and Amdts. 1887, p.
104-105. In force March 11, 1887.

As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

Kditorial Note: It was manifestly the intention of legislature,
in passing the above act, to repeal the act given in § 603 ante;
but the effort is manifestly insufficient for that purpose; the
repealing clause l)eing: "An act entitled 'An act to amend an
act entitled "An act to establish a Civil Code," approved March
twenty-first, eighteen hundred and seventy-two, by adding a
new section thereto, to be known as six hundred and four,
relating to the formation of religious incorporations for hold-
ing and administering church property,' approved March twelfth,
eighteen hundred and eighty-fiv^e, being inconsistent herewith,
is hereby repealed."

408



Tit. XII.] CONSOLIDATION. § 605

§605. CONSOLIDATION OF CORPORATIONS. Any cor-
poration now or hereafter organized for purposes other than
profit, may consolidate with any other like association or
associations, or corporation or corporations, created either
under the laws of the State of California, or under the laws
of any other state or territory, so as to form a new or con-
solidated corporation, in such manner as may be author-
ized by the respective boards of directors or trustees of such
associations or corporations by resolution adopted at meet-
ings of the respective boards called for that purpose.

The resolution to be adopted by each of the respective
boards shall state the names of all the corporations or asso-
ciations to be united by the consolidation, the name of the'
state or territory under the laws of which they are created
or organized, and the dates of their respective incorporation,
the name by which the new or consolidated corporation is to
be called or known, the purposes for which it is to be formed,
the place where its principal business is to be transacted,
the term for which it is to exist, the number of its directors
or trustees, and the names and residences of those who are
appointed to act as such for the first year, and shall designate
three or more persons by whom articles of incorporation of
the new or consolidated corporation shall be subscribed and
filed in compliance with this section.

Articles of incorporation of the new or consolidated cor-
poration shall be subscribed and acknoweldged by the persons
so designated as last aforesaid in the manner required by
section two hundred and ninety-two of this code. Said articles
shall contain and set forth all the matters required by section
two hundred and ninety of this code, and in addition thereto
there shall be attached to said articles copies of the afore-
said resolution of the several associations or corporations
uniting in the consolidation, certified by the respective secre-
taries of such associations or corporations under the corpo-
rate seals thereof; and the said articles of incorporation shall
in the body thereof refer to the said resolutions and to the
certified copies thereof so attached, and by such reference
make the said certified copies a part of the said articles.

409



§ 605 CIVIL CODE. [Div.I.Pt.IV.

The said articles of incorporation shall be filed in the office
of the county clerk of the county where the principal business
of the new or consolidated corporation is to be transacted, and
a certified copy thereof in the office of the secretary of state,
in the manner required by this code for the filing of original
articles of incorporation; and thereupon the secretary of state
shall issue to the corporation, over the great seal of the state,
a certificate in manner and form as provided by section two
hundred and ninety-six of this code.

Fronfc and after the filing of such certified copy of the
articles of incorporation with the secretary of state the former
associations or corporations uniting in the consolidation and
comprising the component parts of the new or consolidated
corporation shall cease to exist, and the new or consolidated
corporation shall succeed to all the rights, duties and powers
of the component associations or corporations, and shall be
possessed of all the rights, duties and powers set forth in its
articles of incorporation not inconsistent with this title, and
shall be subject to all the liabilities and obligations of the
former component associations or corporations, and shall suc-
ceed to and become vested with all the property thereof, both
real and personal, of every name and nature, and may make
by-laws and do all things permitted by this title.

History: Original section providing for consolidation of
debts, enacted Marcti 20, 1903, ' Stats, and Amdts. 1903, p. 252;
present section enacted as an amendment April 26, 1909, Stats,
and Amdts. 1909, p. 1094.



410



II



Tit. Xlla.] HUMANE SOCIETIES. § 607



TITLE Xlla.

SOCIETIES FOR THE PREVENTION OF CRUELTY TO CHIL-
DREN AND ANIMALS.

[This is a new title added by Act Marcli 21, 1905 (Stats, and
Amdts. 1905, pp. 590-592), and is a re-enactment of a new
title added by Code Commission, Act Marcli 16, 1901 (Stats,
and Amdts. 1900-1, pp. 382-384, 429), whicli was held unconsti-
tutional, see history, § 4 ante. The title is a codification of Act
1874, Stats. 1873-4, p. 499, and Act 1876, Stats. 1875-6, p. 830.]
§ 607. Formation of [humane] corporations.

§ 607a. Power to receive and dispense of property. [Amount.]
§ 607b. Complaints for violating any law relating to children

or aniinals.
§ 607c. Magistrates and police officers to aid the corporation and

its officers.
§ 607d. Pre-existing corporations. [Title extends to.]
§ 607e. Fines, penalties, and forfeitures, and the disposition to

be made thereof.
§ 607f. Members and agents may be authorized to act as police

officers.
§ 607g. Children who may be arrested and brought before a

court or magistrate for examination.



§607. FORMATION OF [HUMANE] CORPORATIONS.

Corporations may be formed by any number of persons not
less than five, a majority of whom must be citizens and resi-
dents of this state, under the general provisions of this code,
for the purpose of the prevention of cruelty to children or
animals, or both.

History: Enacted March 21, 1905, Stats, and Amdts. 1905,
p. 590; see introductory note to this title.

See Kerr's Cyc. C. C. for 4 pars, annotation.

As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

Formation of corporations — General provisions governing. —
See Kerr's C. C. §§ 285-321a and notes.

Juvenile courts. — See Hen. G. L., tit. Juvenile Court and notes.

Killing, maiming, or torturing animals — Penal provisions. —
See Kerr's Cyc. Pen. C. § 597 and notes.

411



§§ 607a-607d CIVIL CODE. [Div.I.Pt.IV.

§ 607a. POWER TO RECEIVE AND DISPOSE OF PROP-
ERTY. [AMOUNT.] 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
exceed*. fifty' thousand dollars.

History: Enacted March 21, 1905, Stats, and Amdts. 1905, p.
590; see introductory note to this title.

As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

Powers of corporations in general. — See Kerr's Cyc. C. C. § 354
and note.

§607b. COMPLAINTS FOR VIOLATING ANY LAW RE-
LATING TO CHILDREN OR ANIMALS. Any such corpora-
tion, or any member or officer thereof, may prefer a com-
plaint 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.

History: Enacted March 21, 1905, Stats, and Amdts. 1905, p.
590; see introductory note to this title.

As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

Arrest without warrant. — See post § 607f.

§(U)7c. MAGISTRATES AND POLICE OFFICERS TO
AID THE CORPORATION AND ITS OFFICERS. All magis-
trates, 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.

History: Enacted March 21, 1905, Stats, and Amdts. 1905,
p. 590; see introductory note to this title.

§607d. PRE-EXISTING CORPORATIONS. [TITLE EX-
TENDS TO.] The provisions of this title extend to all cor-

412



Tit. Xlla.] FINES, ETC.— DISPOSITION OF. § 607e

porations 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 corpora-
tion in this state organized for a like purpose.

History: Enacted March 21, 1905, Stats, and Amdts. 1905, p.
590; see introductorj^ note to this title.



§ 607e. FINES, PEIVALTIES, AND FORFEITURES AND
THE DISPOSITION TO BE MADE THEREOF. All fines, pen-
alties and forfeitures imposed and collected in any city or.
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 cor-
poration or society now or hereafter existing, incorporated or
organized for the prevention of cruelty to animals or to chil-
dren must, except where otherwise provided, inure to such
corporation or society in aid of the purposes for which it was
incorporated or organized.

[Compensation from city or county. Amonnt.] In addition
to said fines, penalties and forfeiture, every such society incor-
porated and organized for the prevention of cruelty to ani-
mals, or for the prevention of cruelty to children, 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 pre-
vention of cruelty to animals or children, or arresting, or
prosecuting offenders thereunder, or preventing cruelty to
animals or children 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 dol-
lars per month, in the same manner as other claims against
said county, or city and county, are paid.

History: Enacted March 21, 1905, Stats, and Amdts. 1905, p.
591; amended March 20, 1909, Stats and Amdts. 1909, p. 574.

413



§§607f, 607g CIVIL CODE. [Div.I.Pt.IV.

§ 607f. MEMBERS AND AGENTS MAY BE AUTHORIZED

TO ACT AS POLICE OFFICERS. All members and agents,
and all officers of each or any of such corporations or socie-
ties, 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 per-
petration 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.

[Make arrests. Weapons and badge.] They may make ar-
rests for the violation of any penal law relating to or affect-
ing 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; provided,
however, that in cities of the first class no such member,
officer or agent of such societies shall carry such weapon
until permission in writing has been first granted to him so
to do by the board of police commissioners of said city or
cities. All such members and agents must, when making



Online LibraryCaliforniaThe codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) → online text (page 36 of 156)