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STATUTES OF CALIFORNIA

PASSED AT THE

TWENTY-FIFTH SESSION OF THE LEGISLATURE.

CHAPTER I.

An Act making an appropriation for the deficiency in the appro

priation for the support of the State Printing Office for the fiscal year ending June 30, 1883.

[Approved January 30, 1883.]

ing

The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. The sum of $35,000 (thirty-five thousand dol-State Printlars) is hereby appropriated out of any money in the State ficiency. treasury not otherwise appropriated, for the payment of the deficiency in the appropriation for the support of the State Printing Office for the fiscal year ending June thirtieth, eighteen hundred and eighty-three.

SEC. 2. This Act shall take effect immediately.

CHAPTER II.

An Act to repeal sections two hundred and ninety-nine, three

hundred, and three hundred and one of an Act entitled “ An Act to establish a Penal Code,approved February 14, 1872, relating to Sunday amusements where liquors are sold, and keeping open places of business on Sunday.

[Approved February 8, 1883.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. Sections two hundred and ninety-nine, three speaker tho

“sunday hundred, and three hundred and one of the Penal Code are Law.” hereby repealed.

SEC. 2. *This Act shall take effect from and after its passage.

CHAPTER III.

Amendment to the Constitution.

[Approved February 14, 1883.]

in cities.

The Legislature of the State of California, at its twenty-fifth

session, commencing on the first Monday after the first day of January, A. D. one thousand eight hundred and eighty-three, two thirds of all the members elected to each of the two Houses of said Legislature voting in favor thereof, hereby proposes that section nineteen (19), of article eleven (11), of the Constitution of the State of Cali

fornia, be amended so as to read as follows: Privileges of SECTION 19. In any city where there are no public works to lay pipes owned and controlled by the municipality for supplying the

same with water or artificial light, any individual or any company, duly incorporated for such purpose under and by authority of the laws of this State, shall, under the direction of the Superintendent of Streets, or other officer in control thereof, and under such general regulations as the municipality may prescribe for damages, and indemnity for damages, have the privilege of using the public streets and thoroughfares thereof, and of laying down pipes and conduits therein, and connections therewith, so far as may be necessary for introducing into and supplying such city and its inhabitants either with gaslight or other illuminating light, or with fresh water for domestic and all other purposes, upon the condition that the municipal government shall have the right to regulate the charges thereof.

CHAPTER IV.

An Act to amend sections three thousand four hundred and sixty

seven and three thousand four hundred and sixty-nine of an Act entitled An Act to establish a Civil Code," approved March 21, 1872, relating to assignments for the benefit of creditors.

[Approved February 15, 1883.)

The People of the State of California, represented in Senate and

Assembly, do enact as follows:

Bond of assignee.

SECTION 1. Section three thousand four hundred and sixtyseven of the Civil Code is hereby amended to read as follows:

3467. Within thirty days after the date of an assignment for the benefit of creditors, the assignee must enter into a bond to the people of this State, in such amount as may be fixed by a Judge of a Superior Court of the county in which the original inventory is filed, with sufficient sureties, to be approved by such Judge, and conditioned for the faithful discharge of the trust and the due accounting for all moneys received by the assignee, which bond must be filed in the same office with the original inventory.

SEC. 2. Section three thousand four hundred and sixtynine of said Code is hereby amended to read as follows:

3469. After six months from the date of an assignment Accounting for the benefit of creditors, the assignee may be required, on the petition of any creditor, to account before the Superior Court of the county where the accompanying inventory was filed in the manner prescribed by the insolvent laws of this State.

Sec. 3. This Act shall take effect from and after its passage.

of assiguee.

CHAPTER V.

An Act to amend section twenty-two hundred and eighty-two of

an Act entitled " An Act to establish a Civil Code," approved March 21, 1872, relating to the manner in which a Trustee may be discharged from his trust.

[Approved February 15, 1883.) The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. Section twenty-two hundred and eighty-two of the Civil Code is hereby amended to read as follows:

2282. A Trustee can be discharged from his trust only as How a Trusfollows:

discharged. 1. By the extinction of the trust; 2. By the completion of his duties under the trust; 3. By such means as may be prescribed by the declaration of trust;

4. By the consent of the beneficiary, if he have capacity to contract;

5. By the judgment of a competent tribunal, in a direct proceeding for that purpose, that he is of unsound mind; or,

6. By the Superior Court.

SEC. 2. This Act shall take effect from and after its passage.

CHAPTER VI.

An Act to amend an Act entitled "An Act to establish a Civil

Code," approved March 21, 1872, relating to authentication of marriage.

[Approved February 15, 1883.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. Section seventy-eight of the Civil Code is amended to read as follows:

Either party

may proceed

ity of mar. riage.

78. If either party to any marriage denies the same, or to test valid. refuses to join in a declaration thereof, the other may pro

ceed, by action in the Superior Court, to have the validity of
the marriage determined and declared.
SEC. 2. This Act shall take effect immediately.

.

CHAPTER VII.

An Act to amend section three hundred and twenty-six of an Act

entitled An Act to establish a Civil Code," approved March 21, 1872, relating to stocks and stockholders.

[Approved February 16, 1883.]

bond may be

The People of the State of California, represented in Senate and

Assembly, do enact as follows:
SECTION 1. Section three hundred and twenty-six of the

Civil Code is hereby amended to read as follows: Affidavit or 326. When the shares of stock in a corporation are owned required me by parties residing out of the State, the President, Secretary,

lefore transfer. or Directors of the corporation, before entering any transfer

of the shares on its books, or issuing a certificate therefor to the transferee, may require from the attorney or agent of the non-resident owner, or from the person claiming under the transfer, an affidavit or other evidence that the non-resident owner was alive at the date of the transfer, and if such affi. davit or other satisfactory evidence be not furnished, may require from the attorney, agent, or claimant, a bond of indemnity, with two sureties, satisfactory to the officers of the corporation; or, if not so 'satisfactory, then one approved by a Judge of the Superior Court of the county in which the principal office of the corporation is situated, conditioned to protect the corporation against any liability to the legal representatives of the owner of the shares in case of his or her death before the transfer; and if such affidavit or other evidence or bond be not furnished when required as herein provided, neither the corporation nor any officer thereof shall be liable for refusing to enter the transfer on the books of the corporation.

SEC. 2. This Act shall take effect immediately.

CHAPTER VIII.

An Act to provide a contingent fund for the Assembly for the

twenty-fifth session of the Legislature.

[Approved February 16, 1883.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows:

Contingent

SECTION 1. The sum of fifteen thousand dollars is hereby Assemblyn appropriated out any funds not otherwise appropriated, to Fund. provide a contingent fund for the Assembly for the twentyfifth session of the Legislature.

SEC. 2. This Act shall take effect immediately.

• CHAPTER IX.

An Act to provide a contingent fund for the Senate, for the

twenty-fifth session of the Legislature.

[Approved February 17, 1883.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. The sum of ten thousand dollars is hereby Senate appropriated out of any funds not otherwise appropriated, to fundo provide a contingent fund for the Senate, for the twenty-fifth session of the Legislature.

SEC. 2. This Act shall take effect immediately.

Contingent

CHAPTER X.

An Act to repeal Chapter Two, of Title Six, Part Three, of an

Act of the Legislature of the State of California, entitled"An Act to establish a Political Code," approved March 12, 1872, and each and every section of said Chapter Two, and to enact a new Chapter Two, of Title Six, of Part Three, of said Code, and substitute the same in place of said repealed Chapter Two in said Code, relating to roads and highways.

[Approved February 28, 1883.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. Chapter two, of title six, of part three, of an Repeal and Act of the Legislature of the State of California entitled an of chapter.

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