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such arrests, exhibit and expose a suitable badge to be
adopted by such corporation or society.

[Resisting. Penalty.] All persons resisting such specially
appointed officers, when performing any duty under this sec-
tion, are guilty of a misdemeanor.

HLstory: Enacted March 21, 1905, Stats, and Amdts. 1905, p
591; amended February 20, 1909, Stats, and Amdts. 1909, p. 33.

§607g. CHILDREN >VHO MAY BE ARRESTED AND
BROUGHT BEFORE A COURT OR MAGISTRATE FOR EX-
AMINATION. 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,

414



J



Tit. Xlla.] AUTHORITY— POLICE POWER. § 607g

or public place for the purpose of so begging, gathering, or
receiving alms;

2. "VYlio 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 hav-
ing a vicious parent who is undergoing penal servitude or
imprisonment;

4. Who frequents the company of reputed thieres or pros-
titutes, or houses of prostitution or assignation, or dance-
houses, concerts, 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, exhibi-
tion, 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 had deems it desirable for the
welfare of such child that the person so examined or con-
victed should be deprived of its custody thereafter;

[Order of court upon examination — Commitment of child.]
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 desti-
tute children.

[Power to institute proceedings.] Any corporation, organ-
ized under this title, or now existing, for the prevention of
cruelty to children, or any officer or member thereof, may

415



§ 608 CIVIL CODE. [Div.I,Pt.IV.

institute proceedings under this section for the welfare of
any such child.

History: Enacted March 21, 1905, Stats, and Amdts. 1905,
pp. 591-592; see introductory note to this title.

See Kerr's" Cyc. C. C. for 6 pars, annotation.
As to many miscellaneous matters as to corporations gen-
erally, Bee note § 283, ante.



TITLE XIII.
CEMETERY CORPORATIONS.

§ 608. How much land may be held and how disposed of.

§ 609. Who are members eligible to vote and hold office.

§ 610. May hold personal property, to what amount. How dis-
posed of.

§611. May issue bonds to pay for grounds. Proceeds of sale,
how disposed of.

§ 612. May take and hold title to what, and how.

§ 613. When burial lot inalienable. Who may not be buried
in lot.

§ 614. Lot-owners previous to purchase to be members of the
corporation.

§ 615. May sell lands, when.

§ 616. May take and hold property in trust. Application of
income.



§608. HOW MUCH LAND MAY BE HELD AND HOW
DISPOSED OF. Corporations organized to establish and
maintain cemeteries may take, by purchase, donation, or
devise, land, not ftxcee(lin^ three Inindred and twenty acres

in extent, [1] in the county wherein their articles of incorpo-
ration are filed, or [2] in an adjoining county, and [3] 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.

416



Tit. XIII.] VOTING — PERSONAL PROPERTY. §§609,610

[Sale, conditions, and restrictions.] 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.

HLstory: Enacted March 21, 1872, founded upon § 4, Act
April 18, 1859, Stats. 1859, p. 282; amended March 20, 1891.
Stats, and Amdts. 1891, p. 180. In effect March 20, 1891.

See Kerr's Cyc. C. C. for 8 pars, annotation.
140 C. 226, 232, 73 P. 987 (construed and applied).
As to devise of burial lot, see 67 L. 121.

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

§609. WHO AEE MEMBERS ELIGIBLE TO VOTE AND
HOLD OFFICE. 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 mnst make a report
to the proprietors of all their doings, and of the management
and condition of the property and concerns of the corporation.

History: Enacted March 21, 1872, founded upon § 5, Act
April 18, 1859, Stats. 1859, pp. 282-283.

140 C. 226, 232, 73 P. 987 (referred to with other sections).
As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

§610. MAY HOLD PERSONAL PROPERTY, TO WHAT
AMOUNT. HOW DISPOSED OF. Such corporations rtiay
hold personal property to an amount not exceeding five thou-
sand dollars, in addition to the surplus remaining from the
sales of lots or plats after the payments required in the suc-
ceeding section. Such surplus must be disposed of in the
improvement, embellishment, and preservation of the ceme-
Kerr's C. C— 14 417



§ 611 CIVIL CODE. [Div.I,Pt.IV.

tery, and paying incidental expenses of the corporation, and
in no other manner.

History: Enacted March 21, 1872, founded upon § 4, Act April
18, 1859, Stats. 1859, p. 282.

140 C. 226, 232, 73 P. 987 (referred to with other sections).
As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.



§ 611. MAY ISSUE BONDS TO PAT FOR GROUNDS. PRO-
CEEDS OF SALE, HOW DISPOSED OF. Such corporations
may issue their bonds, bearing interest not exceeding twelve
per cent per annum, for the purchase of lands for their ceme-
teries, 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 persons from whom ceme-
tery 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 for such lands; such payment to be made at such inter-
vals 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 asso-
ciation, or prescribed in the agreement between the cemetery
and the person or persons from whom the cemetery lands
were purchaser, shall not be changed without the written con-
sent of a majority in interest of the persons from whom such
lands were purchased, their heirs, representatives, or assigns.

History: Enacted March 21, 1872, founded upon § 7, Act
April 18, 1859, Stats. 1859, p. 281, as amended Act January 13,
1864, Stats. 1863-4, p. 12, and Act April 16, 1880, Code Amdts.
1880 (C. C. pt.), p. 12. In effect April 16, 1880.

See Kerr's Cyc. C. C. for 2 pars, annotation.
140 C. 226, 232, 73 P. 987 (referred to with other sections).
As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

418



Tit. XIII.] BURIAL LOT INALIENABLE. § 613

§612. MAY TAKE AND HOLD TITLE TO WHAT, AND
HOW. Any corporation organized to establisli and maintain,
or to improve, a cemetery, may take and hold title to any
cemetery lot, plot or grave, devised or given to it in trust
for the specific purpose of perpetually caring for the same.

History: Enacted March 21, 1872, founded upon § 9, Act
April 18, 1859, Stats. 1859, p. 284; amended by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 384, held
unconstitutional, see history, § 4 ante; amended March 26,
1901, Stats, and Amdts. 1900-1, p. 814.

140 C. 226, 232, 73 P. 987 (referred to with other sections).
As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

§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 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;

[Alienability revived, how.] 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.

History: Enacted March 21, 1872, founded upon § 11, Act
April IS, 1859, Stats. 1859, p. 284; amended February 10, 1885,
Code Amdts. 1885, pp. 1-2; amended by Code Commission, Act

419



§§ 614, 615 CIVIL CODE. [Div.I.Pt.IV.

March' 16, 1901, Stats, and Amdts. 1900-1, p. 385, held uncon-
stitutional, see history, § 4 ante.

See Kerr's Cyc. C. C. for 2 pars, annotation.

115 C. 372, 375, 47 P. 55, 36 L. 618 (construed and applied);
140 C. 226, 232, 73 P. 987 (referred to with other sections).

As to character of estate or property of owner in burial lot,
see 67 L. 118-126.

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

§614. L()T-OW>ERS PREVIOUS TO PURCHASE TO BE
MEMBERS OF THE CORPORATION. When grounds pur-
chased 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.

History: Enacted March 21, 1872, founded upon § 12, Act
April 18, 1859, Stats. 1859, p. 285.

140 C. 226, 232, 73 P. 987 (referred to with other sections).
As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

§ 615. MAY SELL LANDS, WHEN. 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 appli-
cation 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.

History: Enacted March 4, 1889, Stats, and Amdts. 1889, p.
61. In effect March 4, 1889.

140 C. 226, 232, 73 P. 987 (referred to with other sections).
As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

420



Tit. XIII.] PROPERTY IN TRUST— INCOME. § 616

§616. MAY TAKE A>D HOLD PROPERTY IX TRUST.
APPLICATION OF INCOME. 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:

[Purposes for which may hold.] To [1] the improvement
or embellishment of such cemetery or of any lot therein; or
to [2] the erection, renewal, repair, or preservation of any
monument, fence, or other structure in such cemetery; or to
[3] the planting or cultivation of trees, shrubs, or plants in
or around such cemetery, or any lot therein; or to [4] the
improving, ornamenting, or embellishing of such cemetery,
or any lot therein, in any other mode or manner not incon-
sistent with the purposes for which such cemetery was estab-
lished or is being maintained.

[Inyestmeut of proceeds and income, in what.] Such prop-
erty 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.

History: Enacted March 26, 1895, Stats, and Amdts. 1895, p.
162; amended March 25, 1901, Stats, and Amdts. 1900-1, p. 814.

See Kerr's Cyc. C. C. for 2 pars, annotation.

138 C. 552, 557, 94. A. S. 70, 71 P. 707 (construed and applied);
140 C. 226, 232, 73 P. 987 (referred to with other sections).

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



421



§§ 620-622 CIVIL CODE. [Div.I,Pt.IV.

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 improve-
ments as may be erected thereon, and may sell, lease, or other-
wise dispose of the same, at pleasure. This real estate must
be held for the purpose of erecting buildings and other improve-
ments thereon, to promote and encourage agriculture, horti-
culture, mechanics, manufactures, stockraising, and general
domestic industry.

History: Enacted March 21, 1872, founded upon § 2, Act
March 12, 1859, Stats. 1859, p. 105.

§ 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
mortgage on the property of the corporation. The directors
who vote therefor are personally liable for any debt con-
tracted or incurred in violation of this section.

History: Enacted March 21, 1872, founded upon § 5, Act
March 12, 1859, Stats. 1859, p. 105.

§622. NOT FOR PROFIT. MAY FIX FEE, ETC., FOR
MEMBERSHIP. Agricultural fair corporations are not con-
ducted for profit, and have no capital stock or income other
than that derived from charges to exhibitors and fees for

422



Tit. XIV.] PROFIT — MEMBERSHIP FEE. § 622

membership, which charges, together with the term of mem-
bership 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 cur-
rent expenses of fairs.

History: Enacted March 21, 1872, founded upon § 4, Act
March 12, 1859, Stats. 1859, p. 105.

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



428



§ 629 CIVIL CODE. tDiv.T,Pt.IV.

TITLE XV.

CORPORATIONS TO FURNISH LIGHT FOR PUBLIC USE.

[Title XV. was repealed by Act March 21, 1905 (Stats, and
Amdts. 1905, p. 592), and a new title substituted therefor, Stats,
and Amdts. 1905, pp. 593-594. This substituted title is an exact
reproduction, with the addition of § 630a, of the substitution by
the Code Commission, Act March 16, 1901 (Stats, and Amdts.
1900-1, pp. 385-386, 429), held unconstitutional, see history, %4
ante.]

§ 629. Duty to furnish gas or electricity.

§ 630. When corporations may refuse to supply gas.

§ 630a. When corporations may refuse to supply electric current

for light.
§ 631. Right to enter buildings for inspection.
§ 632. Right to shut off supply of gas or electricity.

§629. DUTY TO FURNISH GAS OR ELECTRICITY.

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, or direct or primary wire, of the corpora-
tion, and payment by the applicant of all money due from
him, the corporation must supply gas or electricity 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 corpo-
ration 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.

History: Enacted March 21, 1905, Stats, and Amdts. 1905,
p. 593; see introductory note to this title.

See Kerr's Cyc. C. C. for 48 pars, annotation.

109 C. 140, 144, 41 P. 869, 29 L. 463 (construed and applied);
132 C. 209, 211, 212, 64 P. 258, 54 L. 769 (construed and applied);
141 C. 699, 706, 75 P. 329 (referred to with other sections); 141
C. 710, 711. 712, 75 P. 342 (construed and applied).

424



Tit. XV.] LIGHTING COMPANIES — ELECTRIC. § 629

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

LIGHTIXG COMPAIVIES — GENERALLY.

As to right of municipality to confine gas-works within
designated district. — See Kerr's Cyc. Pol. C. §19 par. 20; and
Hen. G. L., tit. Gas Companies, act April 4, 1870.

Inspector of gas meters — ^Appointment by governor. — See
Kerr's Cyc. Pol. C. § 368 par. 1 and note.

Same — Provisions as to duties, compensation, etc. — See Kerr's
Cyc. Pol. C. §§»577-584 and notes.

Same — Term of office.^ — See Kerr's Cyc. Pol. C. § 369 and note.

Liability of municipal corporations — In operation of electric
lighting plant.— See 9 A. C. 850; 5 L. N. S. 536.

Same — To gas company for interfering with pipes in making
public improvements. — See 6 A. C. 388.

Municipal corporation — Power of to own and operate lighting
plant. — See 10 L. 194; 14 L. 268.

Nature of business. — See 10 A. C. 667.

Regulation of business, light furnished at reasonable rate. —
See 9 A. C. 819.

1. Electric Ligliting Company.

Control and regulation of — As to, generally, 24 L. 163; 31 L.
798-802; 39 L. 609-621; 44 L. 577.

Damages for injury or destruction of trees. — See 2 A. C. 639,
642.

Degree of care required. — See 31 L. 568.

Duty and liability of — As to generally, see 100 A. S. 515; 31
L. 566-589; 32 L. 351; 32 L. 400.

Same — In reference to children. — See 10 A. C. 925.

Same — In stringing wires to guard against danger to chil-
dren. — See 11 L. N. S. 449.

Ejectment to remove wires of. — See 11 L. N. S. 920.

Exercise of right of eminent domain by. — See 4 A. C. 987; 5
A. C. 526, 531; 7 A. C. 748; 7 A. C. 1182; 10 A. C. 1055.

Grant of franchise to electrical subway company. — See 34 L.
369.

Liability — As to wires charged with lighting. — See 31 L. 588.

Same — For broken, fallen or sagging wire. — See 31 L. 573.

Same — For failure to guard wires from fallen wires of an-
i other owner. — See 31 L. 582.

Same — For injuries by wire in highways. — See 31 L. 366.

Same — To traveler on liighway coming in contact with live
wire. — See 4 A. C. 709.

Measure of duty of company maintaining wires on another's
premises, toward trespasser or licensee on such premises. — See
3 L. N. S. 988.

425



§ 629 CIVIL CODE. [Div.I,Pt.lV.

Municipal corporation operating lig-liting plant liable for neg-
ligence.— See 9 A. C. 850; 5 L. N. S. 536.

Negligence — As to wire on or in building. — See 32 L. 400.

Same — In removing or repairing broken, fallen or sagging
wires. — See 31 L. 579.

Poles — And wires of, as personalty or realty. — See 9 A. C. 1192.

Same. — As additional burden on highwaj'. — See 24 L. 721: also
17 L. 480.

Power house of electric light company as nuisance. — See 8
A. C. 558, 567.

Power of city to own plant and manufacture* electricity for
lighting purposes. — See 10 L. 194; 14 L. 268.

Privilege of using street for poles and wires as contract
within provision impairing obligations. — See 50 L. 147.

Right to place electric conduits under streets under general
charter, authority to enter upon same. — See 9 L. N. S. 407.

Stringing electric wires above ground as negligence. — See 9
A. C. 751.

Violating ordinance as to electric wires as ground for private
action. — See 5 L. N. S. 260.

Wires as additional servitude on highway. — See 10 L. 497.
2. Gas Llg^litingr CompnnieN.

As manufacturer. — See 10 A. C. 668.

Compulsory service by. — See 15 L. 322.

Gas pipes in street — As additional burden on easement. — See
17 L. 480; 7 L. N. S. 506.

Same — As a nuisance. — See 39 L,. 680.

Same — 'Injunction to restraining laying. — See 8 L. 488.

Same — Nature of right, generally, 8 L. 487.

Same — Privilege of laying, as a contract within provisions
against impairing obligation. — See 50 L. 146.

Injunction by municipality against for maintaining nuisance.
—See 42 L. 821.

Legislative regulation of rates charged by. — See 33 L. 181.

Liability — For injury to trees by gas escaping from pipes on
mains. — See 10 L. N. S. 890.

Same — For negligence in escape and explosion. — See 29 L.
337-359.

Same — Not insurer of safety of lighting company, what con-
stitutes negligence on part of gas company. — See 1 A. C. 66.

Same — To, of municipality for change of street grade, in
absence of statute allowing compensation, but under constitu-
tional provisions against "damaging property." — See 10 A. C.
849.

Period covered by contract to supply municipality with gas. —
See 20 L. 726.

Pipe lines for gas as additional servitude on highways. — See
9 A. C. 1030, 1033.

426



Tit. XV.] REFUSE TO SUPPLY. WHEN. §§ 630, 631

Property as real estate for purposes of taxation. — See 15 L.
299.

Rights — Against municipality interfering with pipes in mak-
ing public improvements. — See 6 A. C. 390.

Same — To stop supply of gas for default payment. — ^See 14
L. 669.

§ 630. ^VHEJf COKPOEATIOKS MAT 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 sufficient to pay the cost of laying such service pipe,
or his proportion thereof.

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

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



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