Monfactures and agrrentiure encourag ARTICLES 641.313 1 AGRICULTURE. ragement of StCaphis IV. — AGRICULTURE.See ARTICLE 53 55. Agricultural society, state, incorporated; powers, 61. Premiums, who may compete for; five thousand ARTICLE 55, Sec. 1. There is hereby established and incorporated a society to be known and designated by the name and style of the California State Agricultural Society, and by that name and style shall have perpetual succession, and shall have power to contract and be contracted with, to sue and be sued, and shall have authority to have and use a common seal, to make, ordain and establish and put in execution such by-laws, ordinances, rules and regulations as shall be necessary for the good government of said society, and the prudent and efficient management of its affairs; provided, that said by-laws, ordinances, rules and regulations shall not be contrary to any provision of this charter, nor the laws and constitution of this state or of the United States. ART. 56, Sec. 2. In addition to the powers above enumerated the society shall, by its name aforesaid, have power to purchase and hold any quantity of land not exceeding two sections, and may sell and dispose of the same at pleasure-the said real estate shall be held by said society for the purpose of establishing a model experimental farm or farms, erecting inclosures, buildings and other improvements calculated and designed for the meeting of the society, and for an exhibition of the various breeds of horses, cattle, mules and other stock, and of agricultural, mechanical and domestic manufactures and productions, and for no other purpose. And it is further enacted, that if, from any cause, said society shall ever be dissolved, or fail to meet within the period of two consecutive years, then the real estate held by it, together with all the buildings and appurtenances belonging to said estate, shall be sold as lands are now sold, by execution, and the proceeds deposited in the state treasury, subject to the control of the legislature. ART. 57, Sec. 3. An annual meeting of the members of the society shall be held on the first Tuesday of October annually, at the city of San Francisco, unless otherwise ordered by the society. ART. 58, Sec. 4. The fiscal, prudential and other concerns of the society shall be under the control and management of a president and seven vice-presidents, a corresponding secretary, recording secretary and treasurer, to be styled a board of directors, who shall be elected at the annual meeting of the members of said society. The said officers shall hold their office for one year, and until their successors are duly chosen, and shall have power to fill vacancies in said board that may happen during their continuance in office. [Section 5, executed. St. 1854, 57.] ART. 59, Sec. 6. The members of this society shall be composed of such persons as shall pay the sum of ten dollars to the treasurer, annually, and such persons shall be members only for the year for which they shall have thus paid the amount aforesaid. ART. 60, Sec. 7. The members of the society, by a majority of the votes present, shall determine in what amount, and on what object, the funds of the society shall be awarded as premiums, at the exhibition succeeding their meeting, of which notice shall be given in some newspaper in the city of San Francisco, and such other newspapers as the society may direct. ART. 61, Sec. 8. There is hereby appropiated, from any money in the treasury Act of April 25, 1855, to Protect the Owners of Growing Crops, Buildings and other Improvements, in the Mining Districts of this State. ART. 64, Sec. 1. No person shall, for mining purposes, destroy or injure any growing crops of grain or garden vegetables growing upon the mineral lands of this state, nor undermine or injure any house, building, improvement or fruit trees, standing upon mineral lands and the property of another, except as hereinafter provided. ART. 65, Sec. 2. Whenever any person, for mining purposes, shall desire to occupy or use any mineral lands of this state, then occupied by such growing crops of grain, garden vegetables, fruit trees, houses, buildings or other improvements, property of another, such person shall first give bond to the owner of the growing crop, building, fruit trees or other improvement, to be approved by a justice of the peace of the township, with two or more sufficient sureties, in a sum to be fixed by three disinterested citizens, householders of the township, one to be selected by the obligor, one by the obligee, and one by a justice of the peace of the township, conditional that the obligor shall pay to the obligee any and all damages which obligee may sustain in consequence of the destruction by the obligor, or those in his employ, of the growing crops, fruit trees, improvements or buildings of the obligee; provided, that the word improvements in this act shall be construed to mean any superstructure on said farm, ranch or garden, and nothing more. ART. 66, Sec. 3. If any person or persons shall violate the provisions of the first and second sections of this act, he or they shall be deemed guilty of a misdemeanor, and on conviction thereof, before any court of competent jurisdiction, shall be fined in a sum not exceeding two hundred dollars, nor less than fifty dollars, or by imprisonment in the county jail of said county, not exceeding three months, either or both, at the discretion of the court; provided, nothing in this act shall prevent miners from working any mineral lands in the state, after the growing crops on the same are harvested. See Land, Water Companies, Corporation. JUDICIAL DECISIONS. 1. THR act of April, 1852, "prescribing the mode of maintaining and defending possessory actions on public lands in this state," gives permission to all persons to work the mines upon public lands, although they may be in the possession of another, for agricultural purposes. Stokes v. Barrett, 5 Cal. 36. 2. The right of the agriculturist to use and enjoy public lands must yield to the right of the miner when gold is discovered in his land. Tartar v. Spring Creek W. & M. Co. 5 Cal. 395; Burdge v. Underwood, Jan. T. 1856. 3. But this does not confer any right upon the miner to dig a ditch to convey water to his mining claim through land thus occupied. Id. ARTICLE 67, Sec. 1. The county assessor shall hold his office for the term of X one year (1) from the date of his election and until his successor is elected and qualified, and shall do and perform all the duties which are now or may hereafter be required of him by law. ART. 68, Sec. 2. He shall, before entering on the duties of his office, execute bond, with two or more freehold sureties, to the acceptance of the county judge of his county, in the penal sum of five thousand dollars, conditioned for the faithful discharge of all duties imposed on him by law, and take the oath of office prescribed by law, which shall be indorsed on his certificate of election. ART. 69, Sec. 3. In all cases where the office of county assessor becomes vacant, from any cause whatever, and the interests of the county and state require that such vacancy should be filled previous to the next annual election, the court of sessions of the county shall appoint some suitable person possessing the qualifications of an elector, residing within such county, to fill the vacancy, and the per- (74 son thus appointed shall give bond and take the like oath as is required of assessors chosen by the people, and shall hold his office until the next annual election and until his successor is chosen and qualified. (2) ART. 70, Sec. 4. Said assessor shall have the power of appointing one or more deputies to aid in his official duties, for whose conduct he shall be responsible. ART. 71, Sec. 5. If any assessor shall, by himself or deputy, be guilty of any neglect of duty enjoined on him by law, the court of sessions may make such deduction from his account for services rendered, as they may deem just and reasonable, and shall, moreover, be liable to indictment in any court of competent jurisdiction, and fined in any sum not exceeding five hundred dollars. (1) ART. 72, Sec. 6. Each county assessor and deputy assessor shall, at the end of each week in which he shall have been engaged in the performance of any of the duties required of him by law, enter an account, in writing, of the number of days or parts of days he may have been so engaged during the week, and at the next regular term of the court of sessions, after the return of his assessment roll, shall present such statement to said court, and shall make oath to the truth thereof, and shall answer such questions respecting the same as may be propounded to him by said court. (2) [Sec. 7, repealed by revenue act of 1854. St. 1850, 117.] ART. 73, Sec. 8. Suit may be instituted on such assessor's bond, in the manner designated by law, for the benefit of any person who may be aggrieved by the wrongful conduct of such assessor or his deputy. ART. 74, Sec. 9. The assessor and his deputy are hereby authorized to administer all oaths and affirmations contemplated by law in the discharge of their duties as such assessors. See Revenue, Supervisors, Crimes and Punishments, Office, Bonds, Counties. JUDICIAL DECISIONS. 1. WHERE an assessment is laid upon land, it is not within the province of a court to interpose and order a sale of the land by a decree rendered in an injunction suit. instituted for the purpose of preventing a sale under the assessment. Weber . City of San Francisco, 1 Cal. 455. 2. The common council of the city of San Francisco has no authority to impose a penalty of one per cent. per day for the non-payment of an assessment. Id. (1) For term, see Office. (2) The legislature can impose no duties on the judiciary, except such as are of a judicial character. People 7. Nevada, April T. 1856. See Supervisors. 3. Where an assessment was laid for the purpose of improving a street, thereby benefiting the property of the plaintiff in common with others in the same street, and the improvement was completed without the plaintiff's interposing to prevent it, an injunction will not lie to stay the sale of the land under an ordinance of the city for the purpose of avoiding payment of the assessment. Id. 4. If the injunction bill had been filed before the work was commenced, the court would have felt bound to inquire into the regularity of the assessment. Id. 5. Manner of assessing lands. Palmer v. Boling, Oct. T. 1856. VI.-ASSOCIATIONS, RELIGIOUS, ETC., INCORPORATION OF. ET SUP 880) ARTICLE P.125 Act of April 22, 1850, concerning Corporations. Chap. 8. St. 62,ARTICLE 75, Sec. 175. 4t shall be lawful for all churches, congregations, religious, moral, beneficial, literary or scientific associations or societies, by such rules or methods as their rules, regulations or discipline may direct, to appoint or elect any number, not less than three nor more than fifteen, as trustees or directors, to take charge of the estate and property belonging thereto, and to transact all affairs relative to the temporalities thereof.-[Am. May 13, 1854, R. S. St. 1850, 373, C. L. 308. ART. 76, Sec. 176 Upon the appointment or election of such trustees or directors, a certificate of such appointment or election shall be executed by the person or persons making the appointment, or the judges holding the election, stating the names of the trustees or directors. The name by which the said trustees shall thereafter forever be called and known shall be particularly mentioned and specified. ART. 77, Sec. 177. Such certificate shall be acknowledged by the persons making the same, or proved by a subscribing witness thereto, before some officer authorized to take acknowledgment of deeds, and recorded, together with the certificate of such acknowledgment or proof, by the clerk of the county within. which such church, congregation, religious, moral, beneficial, literary or scientific society or association shall be situated. Stev 2126 ART. 78, Sec. 178. Such trustees or directors may have a common seal, and may alter the same at pleasure; they may take into their possession and custody all the temporalities of such corporation, whether the same shall consist of real or personal estate, and whether given, granted or devised, directly or indirectly, to such society or association, or to any person or persons for their use; they may sue and be sued; may recover and hold all the debts, demands, rights and privileges, all churches, burying places, halls, school houses, hospitals or other buildings, all the estates and appurtenances belonging to such association or society; they may have, lease and improve the same, erect all houses or buildings that are necessary to carry out the objects of the society or association, and perform all duties imposed on them by the regulations, rules or discipline of such organization. ART. 79, Sec. 179. It shall be lawful for the county court of the county in which any such corporation shall have been constituted, on the application of such corporation, if such shall deem it proper, to make an order for the sale of any real estate belonging to such corporation, and to direct the application of the moneys arising therefrom to such uses as the said corporation, with the approbation of said court, shall conceive to be for the interest of such corporation. ART. 80, Sec. 180 Every corporation of the character aforesaid, heretofore incorporated, in pursuance of law, and not since dissolved, shall be and is/26 any such hereby established and confirmed; and in case of the dissolution of corporation, or any corporation hereafter to be formed in pursuance of the provisions of this chapter, for any cause whatever, the same may be incorporated under the provisions of this chapter, at any time within six years after such dissolution, and thereupon all the estate, real and personal, formerly belonging to the same, and not lawfully disposed of, shall vest in such corporation, as if there had been no such dissolution. ART. 81, Sec. 181XAll lands, tenements and hereditaments, that have been or may hereafter be lawfully conveyed by devise, gift, grant, purchase or otherwise, to any persons, as trustees in trust for the use of any such organization, shall descend, with the improvements, in perpetual succession to, and shall be held by such trustees, in trust for such organizations, provided the amount of real estate held by such society shall never exceed the amount named in the following section. XSIX63 ganization, shall in no case exceed four whole lots in a town or city, or twenty3 44 ART. 82, Sec. 182 The real estate held by the trustees in trust for such or acres in the county; nor shall the annual income of such real and personal property, held in trust by them, exceed the sum of twenty thousand dollars; provided, that the grand lodge of the ancient order of free and accepted masons in this state, or any subordinate lodge thereof, may acquire and hold such property, real and personal, as may be deemed necessary by the proper authorities thereof, to carry out the charitable purposes of said grand lodge, or subordinate lodges, or for the establishment and endowment of a college, school or schools in said state, and for the necessary use and ceremonies of said order, and may sue and be sued, and shall have such other general powers as are granted to corporations under an act entitled "An Act concerning Corporations," passed April twenty-second, one thousand eight hundred and fifty.-[Am. May 7, 1853, R. S. St. 1852, 168; St. 1850, 374, C. L. 309. ART. 83, Sec. 183. It shall be the duty of said trustees annually to make a full report of all property, real and personal, held in trust by them, and the condition of the corporation, to the society or association by which they have been appointed or elected, a copy of which report shall be filed in the county clerk's office, where the original certificate is filed, with an affidavit of the truth of such report, and also that such association or corporation has not been engaged, directly or indirectly, in any other business than such as is set forth in the original certificate on file. ART. 84, Sec. 184. Whenever the rules, regulations and discipline of any religious denomination, society or church 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 chapter, as nearly as may be, and with all the powers and duties, and for the uses and purposes in this chapter provided for religious incorporations, and subject to all the conditions, limitations and provisions in said chapter prescribed; provided, that, for proof of the appointment or election of such bishop, chief priest or presiding elder, it shall be sufficient to record with the clerk of the county in which such bishop, chief priest or presiding elder resides, the original, or a copy of his commission, or certificate, or letters of election or appointment, duly attested; and that 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; and that the limitation, in section one hundred and eightytwo, shall not apply to incorporations formed under this section; and provided, also, that the district judge of the district in which any incorporation is formed |