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authorized by the law of this state, to take and certify
acknowledgments of deeds of conveyance, and shall be filed
in accordance with the provisions of section two hundred
and ninety-six of this code, and when so filed the said articles
of incorporation or certified copies thereof shall be received
in all the courts of this state, and other places, as prima
facie evidence of the facts contained therein.

History: Enacted February 12, 1909, Stats, and Amdts. 1909,
p. 17.



§ GSSp. BY-LAWS. Each association incorporated under
this title must, within thirty days after its incorporation,
adopt a code of by-laws for its government and management
not inconsistent with the provisions of this title. A majority
vote of the members or the written assent of members rep-
resenting a majority of the votes, is necessary to adopt such
by-laws. The provisions of sections three hundred and
three and three hundred and four of this code, which are
not inconsistent with the provisions of this title, shall apply
to the by-laws of the corporations provided for in this title.
Each association may also, by its by-laws adopted as afore-
said, provide for the following matters:

1. The manner of removal of any one or more of its
directors and for filling any and all vacancies in the board
of directors.

464



TitXXI.] BY-LAWS— PROVISIONS. § 653q

2. The number of directors and the number of members
or votes thei-eof constituting a quorum.

3. The conditions upon which and the time when mem-
bership of any member in the association shall cease; the
mode, manner and effect of expulsion of a member, subject
to the right of the expelled member to have the board of
directors equitably appraise his property interests in the
association and to fix the amount thereof in money, and to
have the money paid to him within sixty days after such
expulsion.

4. The amount of membership fee, if any, and the amount
which each member shall be required to pay annually, or
from time to time, if at all, to carry on the business of the
association, and also the compensation, if any, to be paid
by each member for any services rendered by the associa-
tion to him, and the time of payment and the manner of
collecting the same, and for forfeiture of the interest of the
member in the association for non-payment of the same.

5. The number and qualifications of members of the asso-
ciation and the conditions precedent to membership and the
method, time and manner of permitting members to With-
draw, and providing for the assignment and transfer of the
interest of members, and the manner of determining the
value of such interest and providing for the purchase of
such interest by the association upon the death, withdrawal
or expulsion of a member or upon the forfeiture of his
membership, at the option of the association.

6. Permitting members to vote by their proxies, and deter-
mining the conditions, manner, form and effect thereof.

History: Enacted February 12, 1909, Stats, and Amdts. 1909,
p. 18.

§653q. POWERS OF ASSOCIATIOIV. Each association
Incorporated under this title shall have the powers granted
by the provisions of this code and other laws of California
relating to private corporations, and shall also have the
following powers:

465



§ 653q CIVIL CODE. [Div.I,Pt.IV.

1. To appoint such agents and officers as its business may
require, and such appointed agents may be either persons
or corporations; to admit persons to membership in the
association, and to expel any member pursuant to the pro-
visions of its by-laws; to forfeit the membership of any
member for violation of any agreement between him and
the association, or for his violation of its by-laws.

2. To purchase or otherwise acquire, hold, own, sell and
otherwise dispose of any and every kind or kinds of real
and personal property necessary to carry on its business, and
to acquire by purchase or otherwise the interest of any
member in the property of the association.

3. Upon the written assent or by a vote of members repre-
senting two-thirds of the total votes of all members to co-
operate with any other co-operative corporation or corpora-
tions for the co-operative and moi-e economical carrying on
of their respective business, by consolidation as provided
in section six hundred and fifty-three i of this code, whereupon
the effect of such consolidation shall be the same as declared
in said section; or upon resolution, adopted by its board
of directors, to enter into all necessary and proper con-
tracts and agreements, and to make all necessary and proper
stipulations and arrangements with any other co-operative
corporation or corporations for the co-operative and more
economical carrying on of its business, or any part or parts
thereof; or any two or more co-operative corporations organ-
ized under this title, upon resolutions, adopted by their
respective board of directors, may, for the purpose of more
economically carrying on their respective businesses, by
agreement between them, unite in employing and using, or
several associations may separately employ and use, the
same methods, means and agencies, for carrying on and
conducting their respective businesses.

4. Any association formed or consolidated under this title
may be dissolved and its affairs wound up voluntarily by
the written request of members representing two-thirds of
the total votes, in the manner and with the effect provided

466



Tit.XXI.] AMENDED ARTICLES. § 653r

in section six hundred and fifty-three j of this code, except that
the moneys remaining after liquidation shall be divided
among the members in proportion to their property interests
therein.

History: Enacted February 12, 1909, Stats, and Amdts. 1909,
p. 19.



§6o3r. AME>DME>T TO ARTICLES OF INCORPORA-
TION. Any corporation, whether stock or membership, here-
tofore incorporated under the laws of this state for the pur-
pose of engaging in and carrying on the business specified
in section six hundred and fifty-three in of this title, the
stockholders or members of which would be entitled to-
incorporate under the provisions of this title, may, by the
unanimous written assent or vote of all the stockholders or
members, amend its articles of incorporation to conform to
the provisions of this title in the manner and with the
effect provided in section three hundred and sixty-two of
the Civil Code, and from the time of filing the amended
articles, such corporation shall have the same powers as
if it had originally incorporated under the provisions of this
title; provided, however, that the debts, obligations, and
other liabilities against such corporation or against the
members or the stockholders thereof, existing at the time of
such amendment, shall not be discharged or their collection
or enforcement otherwise impaired; and provided further
that the respective property interests of the several stock-
holders by virtue of their ownership of shares of stock therein,
or the several members by virtue of their membership
therein, and also the voting power of each of them, shall be
determined and fixed by the amended articles of incorpora-
tion in accordance with the provisions of subdivision six of
section six hundred and fifty-three o, but which rights shall
be subject to the right of the association to admit new
members.

History: Enacted February 12, 1909, Stats, and Amdts. 1909,
p. 19.

467



§ 653s CIVIL CODE. [Div.I,Pt.IV.

§ 6o3s. QUO WARRANTO. The right of an association
claiming to be organized and incorporated and carrying on
its business under this title, to do and to continue its busi-
ness, may be inquired into by quo warranto at the suit of
the attorney general, but not otherwise.

History: Enacted February 12, 1909. Stats, and Amdts. 1909,
p. 20.



468



Tit.XXII.] NON-PROFIT CORPORATIONS. §§ 653t, 653u

TITLE XXII.

NON-PROFIT CO-OPERATIVE CORPORATIONS.

[A new title to be known a.s title XXII of part IV of division
first is hereby added, to read as follows:]

§ 653t. Formation and purposes of.

§ 653u. Membership.

§ 653v. Articles of incorporation.

§ 653w. By-laws.

§ 653x. Powers of corporation.

§ 653y. Amendments of articles of incorporation.

§ 653z. Quo warranto.

§ 653za. Particular corporations.

§ 653zb. Voting-.

§653t. FOEMATION AND PURPOSE OF. Non-profit co-
operative corporations may be formed by the voluntary asso-
ciation of any tliree or more persons in the manner prescribed
in this title. A majority of such persons must be residents
of this state, and such corporation shall have and may exer-
cise the powers authorized by this title, and the powers neces-
sarily incident thereto, and also all other powers granted to
private corporations by the laws of this state, excepting such
powers as are inconsistent with those granted by this title.

History: Enacted April 13, 1909, Stats, and Amdts. 1909. p.
854.

§653n. MEMBEKSHIP. Such corporation shall not have
a capital stock, and its business shall not be carried on for
profit. Any person or any number of persons including and
in addition to the original incorporators, may become mem-
bers of such corporation upon such terms and conditions as
to membership, and subject to such rules and regulations as
to their, and each of their, contract and other rights and
liabilities between it and the member, as the said corporation
shall prescribe in its by-laws. The corporation shall issue
a certificate of membership to each member, but the said mem-
bership, or the said certificate thereof, shall not, except as
herein provided, be assigned by any member to any other per-

469



§ 653v CIVIL CODE. [Div.I.Pt.IV.

son, nor shall the assigns thereof be entitled to membership
in the corporation, or to any property rights or interest
therein, nor shall a purchaser at execution sale, or any other
person who may succeed, by operation of law or otherwise, to
the property interests of a member, be entitled to membership,
or become a member of the corporation by virtue of such
transfer. The board of directors may, however, by motion duly
adopted by it, consent to such assignment or transfer, and to
the acceptance of the assignee or transferee as a member of
the corporation. The corporation shall also have the right, by
its by-laws, to provide for or against the transfer of member-
ship and for or against the assignment of membership certifi-
cates, and also the terms and conditions upon which any such
transfer or assignment shall be allowed.

History: Enacted April 13, 1909, Stats, and Amdt.s. 1909, p.
854.

§653v. ARTICLES OF IXORPORATION. Each corpora-
tion formed under this title must prepare and file articles of
incorporation in writing setting forth:

1. The name of the corporation.

2. The purpose for which it is formed.

3. The place where its principal business will be transacted.

4. The term for which it is to exist, not exceeding fifty
years.

.5. The number of directors thereof, which must not be less
than three and which may be any number in excess thereof,
and the names and residences of those selected for the first
year and until their successors shall have been elected, and
shall have accepted office.

6. Whether the voting power and the property rights and
interest of each member shall be equal or unequal, and if
unequal the articles shall set forth a general rule or rules
applicable to all members by which the voting power and
the property rights and interests, respectively, of each mem-
ber may and shall be determined and fixed, but the corpora-
tion shall have power to admit new members who shall be
entitled to vote and to share in the property of the corpora-

470



TltXXII.] BY-LAWS— PROVISIONS. § 653w

tion with the old members, in accordance with such general
rule.

7. Said articles of incorporation shall be subscribed by
three or more of the original members, a majority of whom
must be residents of this state, and acknowledged by each
before some officer authorized to take and certify acknowledg-
ments of conveyances of real property, and shall be filed in
all respects in accordance with the provisions of section two
hundred and ninety-six of this code, and thereupon the secre-
tary of state shall issue to the corporation, over the great
seal of the state, a certificate that a copy of the articles con-
taining the required statement of facts has been filed in
his office, and thereupon the persons signing the articles and
their associates and successors shall be a body politic and
corporate by the name stated in the certificate. When so
filed, the said articles of incorporation or certified copies
thereof shall be received in all the courts of this state, and
other places, as prima facie evidence of the facts contained
therein.

History: Enacted April 13, 1909, Stats, and Amdts. 1909, p.
855.



§ 653w. BY-LA">VS. Each corporation incorporated under
this title must, within one month after filing articles of incor-
poration, adopt a code of by-laws for its government and
management not inconsistent with the provisions of this title.
A majority vote of the members or the written assent of mem-
bers representing a majority of the votes is necessary to
adopt such by-laws. The provisions of section three hundred
and three and three hundred and four of this code, which are
not inconsistent with the provisions of this title, shall apply
to the by-laws of the corporation provided for in this title.
Each corporation organized hereunder may also, by its by-laws
adopted as aforesaid, provide for the following matters:

1. The manner of removal of any one or more of its direc-
tors and of filling any and all vacancies in the board of direc-
tors.

2. The conditions upon which and the time when member-

471



§ 653x CIVIL CODE. [Div.I.Pt.IV.

ship of any member in the corporation shall cease; the mode,
manner and effect of expulsion of a member, subject to the
right of the expelled member to have the board of directors
equitably appraise his property interests in the corporation
and to fix the amount thereof in money, and to have the
money paid to him within sixty days after such expulsion.

3. The amount of membership fee, if any, and the amount
which 6ach member shall be required to pay annually, or from
time to time, if at all, to carry on the business of the corpora-
tion, and also the compensation, if any, to be paid by each
member for any services rendered by the corporation to him,
and the time of payment and the manner of collecting the
same, and may provide for forfeiture of the interest of the
member in the corporation for non-payment of the same.

4. The number and qualifications of members of the cor-
poration and the conditions precedent to membership and the
method, time and manner of permitting members to withdraw,
and providing for the assignment and transfer of the interest
of members, and the manner of determining the value of such
interest and providing for the purchase of such interest by
the corporation upon the death, withdrawal or expulsion of a
member or upon the forfeiture of his membership, at the
option of the corporation.

History: Enacted April 13, 1909, Stats, and Amdts. 1909, p.
855.

§653x. POWEKS OF CORPORATION. Each corporation
incorporated under this title shall have the powers granted
by the provisions of this code and other laws of California,
relating to private corporations, which are not inconsistent
with those granted by this title, and shall also have the fol-
lowing powers:

1. To appoint such agents and officers as its business may
require, and such appointed agents may be either persons
or corporations; to admit persons and corporations to mem-
bership in the corporation, and to expel any member pursuant
to the provisions of its by-laws; to forfeit the membership
of any member for violation of any agreement between him
and the corporation or for his violation of its by-laws.

472



Tit.XXII.] POWERS— LAWS. § 653x

2. To purchase, lease or otherwise acquire, hold, own and
enjoy, to sell, lease, mortgage and otherwise encumber and
dispose of any and all and every kind or kinds of real and
personal property, also to carry on any and all operations
necessary or convenient in connection with the transaction
of any of its business.

3. Upon the written assent of two-thirds of all the members
or by a vote of members representing two-thirds of the total
votes of all members of each of two or more such non-profit
co-operative corporations to co-operate with each other for
the more economical carrying on of their respective businesses
by consolidation as provided in section six hundred and fifty-
three i of this code, such consolidation shall be effected, and
thereupon the effect of such consolidation shall be the same
as declared in said section. Any such corporation upon reso-
lution, adopted by its board of directors, shall have the power
to enter into contracts and agreements, and to make stipula-
tions and arrangements with any other corporation or cor-
porations for the co-operative and more economical carrying
on of its business, or any part or parts thereof; or any two
or more co-operative corporations organized under this title,
upon resolutions adopted by their respective boards of direc-
tors, may, for the purpose of more economically carrying on
their respective businesses, by agreement, unite in adopting,
employing and using, or several such corporations may sep-
arately adopt, employ and use the same methods, policy,
means, agents, agencies and terms of marketing for carrying
on and conducting their respective businesses.

4. Any corporation formed or consolidated under this title
may be dissolved, and its affairs wound up voluntarily by the
written consent of members representing two-thirds of the
total votes, in the manner and with the effect provided in sec-
tion six hundred and fifty three j of this code, except that any
property remaining after liquidation shall be divided among
the members in proportion to their respective property inter-
ests therein.

History: Enacted April 13, 1909, Stats, and Amdts. 1909, p.
856.

473



§§ 653y-653zb CIVIL CODE. [Div.I.Pt.IV.

§653y. AMENDMENT OF ARTICLES OF INCORPORA-
TIOX. Any such corporation may amend its articles of incor-
poration in any manner not inconsistent with the provisions
of this title, in the manner provided for by section three hun-
dred and sixty-two of the Civil Code of this state.

History: Enacted April 13, 1909, Stats, and Amdts. 1909, p.

857.

§653z. QUO WARRAJiTO. The right of a corporation
claiming to be organized and incorporated and carrying on
its business under this title, to do and to continue its busi-
ness, may be inquired into by quo warranto proceedings at
the suit of the attorney-general, but not otherwise.

IIi.««tury: Enacted April 13, 1909, Stats, and Amdts. 1909, p.
857.

§653za. PARTICULAR CORPORATIONS. This title is not
applicable to railroads, telegraph, telephone, banking, insur-
ance, building and loan, or any other corporation, unless the
special provisions of this code applicable thereto are com-
plied with.

History: Enacted April 13, 1909, Stats, and Amdts. 1909, p.
857.

§ 653zl). VOTING. In the event the by-laws shall provide
for unequal voting power, or unequal property rights of the
several members, or both, the provisions of this title with
reference to a majority, a two-thirds, or other vote of the
members, shall not apply, and in lieu thereof, there shall be
substituted a majority, or a two-thirds of the votes of the
interests represented by the several members, or otherwise as
the case may be.

History: Enacted April 13, 1909, Stats, and Amdts. 1909, p.
857.



474



DIVISION SECOND.

Part I. Property in General, §§ 654-749.

II. Real or Immovable Property, §§ 755-940.

III. Personal or Movable Property, §§ 946-995.

IV. Acquisition of Property, §§ 1000-1425.



475



Tit.I.] PROPERTY— NATURE OP. § 554



PART I.

PROPERTY IN GENERAL.

Title I. Nature of Property, §§ 654-663.
II. Ownership, §§ 669-742.
III. General Definitions, §§ 748, 749.

TITLE I.
NATURE OP PROPERTY.
§ 654. Property, what.
§ 655. In what property may exist.
§ 656. Wild animals.
§ 657. Real and personal.
§ 658. Real property.
§ 659. Land.
§ 660. Fixtures.

§ 661. Fixtures attached to mines.
§ 662. Appurtenances.
§ 663. Personal property.

§ 654. PROPERTY, WHAT. The ownership of a thing is
the right of one or more persons to possess and use it to
the exclusion of others. In this code, the thing of which
there may be ownership is called property.

History: Enacted March 21, 1872.

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

109 C. 29, 37, 39, 41 P. 1024 (construed and applied); 116 C
339, 343, 58 A. S. 170, 48 P. 228, 36 L. 497 (referred to in discus-
sion); 126 C. 112. 119, 58 P. 462, 45 L. 788 (construed and
applied); 131 C. 294, 307, 308, 63 P. 470 (construed and applied);
1 C. A. 511, 513, 82 P. 562 (cited).

Alienation of, restraint upon. — See 57 A. D. 488.

As to mine being- real property, see Kerr's Cyc. C C « 1091
and note par. 10.

As to nature of right of property.— See 40 Cent. Dig. col.
^"17, § 1.

Assault in recapture of. — See 14 L. 317.

Conditions and restrictions respecting use, validity of.— See
"5 A. S. 214.

477



§ 655 CIVIL CODE. [Div.II.Pt.I.

Consent to transfer of. — See 5 L. 340.

]:>eflnition of property. — See 6 W. & P. 593.

Franchise as property, and sale under execution. — See Kerr's
Cyc. C. C. § 388 and note.

Gambling device as property within constitutional protec-
tion. — See 12 L. N. S. 394.

Good will of business. — See 6 W. & P. 5710.

Gross-receipts of railroad. — See 6 W. & P. 5711.

Human life not included. — See 6 W. & P. 5712.

In product of skill and labor, distinction between common
law rig-ht and copy rig-ht. — See 11 L. 267.

In secret. — See 13 L. 652.

Invention and patent right. — See 6 W. & P. 5713.

Knowledge as. — See 6 W. & P. 5714.

Labor as. — See 6 W. & P. 5715.

Limitation of right to use one's own property. — See 9 L. 711.

Loss of right of. — See 40 Cent. Dig. col. 2926, § 10.

Ownership of and incidence thereof. — See 40 Cent. Dig. col.
2924, § 9.

"Property" as used in the fifteenth amendment to the con-
stitution is a representative term and with the terms "life,"
"liberty," covers every right to which a member of the body
politic is entitled under the law. — See 50 A. S. 443; 29 L. 257; 6
W. & P. 5693.

Property is numen generalissimum and extends to every
species of valuable right and interest, including real and per-
sonal property, easements, franchises, and incorporeal heredita-
ments. — See 6 W. & P. 5693.

Property right in market quotations. — See 7 L. N. S. 889.

Real property — As to what constitutes, see Kerr's Cyc. C. C.
§ 658 and note; 7 W. & P. 5939-5951.

Ilight to use and improve. — See 6 L. 449; 8 L. 808.

Stolen title acquired by bona fide purchaser. — See 13 A. S.
977.

What law governs. — See 40 Cent. Dig. col. 2919, § 3.

"When passes in vessel or other article to be built or manu-
factured. — See 62 A. D. 65.



§655. IN WHAT PKOPERTY MAY EXIST. There may
be ownership of all luauimate things which are capable of
appropriation or of manual delivery; of all domestic animals;
of all obligations; of such products of labor or skill as the
composition of an author, the good-will of a business, trade-
marks and signs, and of rights created or granted by statute.

History: Enacted March 21, 1872.
478



II



Tit.L] WILD ANIMALS. § 656

See Kerr's Cyc. C. C. for 35 pars, annotation.

126 C. 112, 119, 58 P. 462, 45 L. 788 (applied); 133 C. 69, 71, 65
P. 142 (referred to); 149 C. 575, 598, 87 P. 102 (cited in'con. op.
of Henshaw, J. — g-ood will of business as property); 1 C. A. 511,
513, 82 P. 562 (cited).

As to disinterment. — See 42 L. 721-738.

As to larceny of dogs. — See Kerr's Cyc. Pen. C. § 484 and note.

As to rig'ht of burial. — See 14 L. 85.

As to right of control and disposition of dead bodies. — See 14
L. 85.

Good will as property, and what it includes. — See Kerr's Cyc.
C. C. § 993 and note.

In what property may exist — As to generally. — See 40 Cent.
Dig. col. 2918, § 2.

Same — Buildings and other structures. — See 40 Cent. Dig. col.
922, § 5.

Same — Pews. — See 40 Cent. Dig. col. 922, § 6.

Mining claims as property. — See Kerr's Cyc. C. C. § 654 and
note pars. 5, 11.

Products of mind, how far subjects of property or ownership.



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