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absent himself.

belief, that the said lands are not claimed under any existing title: upon the filing of this affidavit, the recorder shall proceed to record said claim in a book to be kept in his office for that purpose. Sec. 4. Within ninety days after the date of said record, the party Land to be

improved. recording is hereby required to improve the land thus recorded, to the value of two hundred dollars, by putting such improvements thereon as shall partake of the reality, unless such improvements shall have been made prior to the application to record, according to section third.

Sec. 5. At any time after the provisions of the second, third and Occupant may fourth sections of this act shall have been complied with, the party so complying shall be permitted to absent himself or herself from such claim without being required to occupy the same for a period of not more than twelve months : Provided, the person so wishing to Conditions. absent himself or herself, shall first pay to the treasurer of the county in which said claim shall be situated, the sum of fifteen dollars, upon which payment the treasurer shall issue a receipt for the same; at any time within twelve months after the date thereof, such receipt shall be received as prima facie evidence of possession, in any court having jurisdiction in such cases, for the recovery of the possessory right to, or injury done to such claim. Any person absenting himself from said claim for a longer period than sixty days, without first paying the sum as provided in this section, shall forever forfeit his claim to the lands. One half of the amount paid to any county treasurer Appropriation of under the provisions of this section, shall be paid by said treasurer this act. into the general fund of said county, and the balance in the state treasury, whenever making his regular settlements with the state treasurer. The state treasurer shall set apart and retain all moneys received from such source, as a special fund, which may hereafter be appropriated by law, for the maintenance and protection of the insane.

Sec. 6. On the trial of any such causes, the possession or posses- Proceedings in sory right of the plaintiff shall be considered as extending to the boundaries embraced by the claim of such plaintiff, so as to enable him or her, according to section third, to have and maintain any action as aforesaid, without being compelled to prove an actual enclosure. (1)

(1) The fact that cattle and horses of a person have roamed over, and grazed upon a particular tract of land, does not, of itself alone, make out an actual possession of the land in him. Suñol vs. Hepburn. Cal. Sup. Court Rep., vol. 1, p. 255.

Rights of settlers. Sec. 7. All the rights and benefits given to settlers on publie

lands by this act, shall extend to and be enjoyed by all persons who shall acquire any rights of possession, or title, by the provision of any

act which has been, or may hereafter be passed, to secure a pre-empSwamp and

tion right to the overflowed and swamp or school lands of this state.

Sec. 8. The provisions of this act shall not apply to any lands on which red wood timber grows, south of thirty-eight degrees and thirty minutes. “An act describing the mode of maintaining and defend.

ing possessory actions on land belonging to the United States," repealed. passed April eleventh, one thousand eight hundred and fifty, is here

by repealed.

school lands. Timber lands.

Former act

CHAPTER CLXXXIII.

AN ACT in relation to Actions wherein the State is a Party.

[Passed May 3, 1852.]

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

Assembly, do enact as follows:

Costs.

Section 1. All costs which have or may hereafter accrue in cases where the state is a party to any action in any of the courts of this state, and wherein the state, according to law, is liable, shall be paid out of any funds in the state treasury not otherwise appropriated.

CHAPTER CLXXXIV.

AN ACT to provide for the Incorporation of Water Companies.

[Passed May 3, 1852.]

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

Assembly, do enact as follows :

Former act amended.

Section 1. The provisions of chapters one and five of the act entitled “ An act concerning corporations," passed April twenty-second, one thousand eight hundred and fifty, shall extend to and apply to all associations already formed or hereafter to be formed under said act, for the purpose of supplying any cities or towns in this state, or the inhabitants thereof, with pure and fresh water.

Sec. 2. Any company incorporated for the purposes specified in the preceding section, shall have the right to purchase or take pos. session of, and use, and hold, such lands and waters as may be re

Powers of water companies.

sion of land.

quired for the purposes of the company, lying without the limits of the city, intended to be supplied with water, upon making compensation therefor. The mode of proceeding to obtain possession of such To tako posseslands for the use of the company, in cases where the parties cannot agree upon a purchase for the use of the company, shall be the same as prescribed in sections seventeen and eighteen of “ An act to provide for the incorporation of railroad companies," passed April twen- The same as rail

road companies. ty-eight, one thousand eight hundred and fifty-one.

Sec. 3. This act shall not give to any company a right to supply Supply of cities. any city with water, unless it shall be previously authorized by an ordinance, or unless it be done in conformity with a contract entered into between the city and the company; any contracts hereafter so made shall be valid and binding in law, but shall not take from the Establishment of city the right to regulate the rates for water, nor shall any exclusive right be granted by contract, or otherwise, for a term exceeding twenty years.

CHAPTER CLXXXV.

AN ACT concerning the Independent Order of Odd Fellows. (1)

[Passed May 4, 1852.]

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

Assembly, do enact as follows :

SECTION 1. The grand lodge of the independent order of odd fel- May acquire and

hold property. lows, of the state of California, or any subordinate lodge thereof, may acquire and hold such property, real and personal, as may be deemed necessary to carry out the charitable purposes of said institution, and may sue and be sued, and shall have such other general powers as are granted to corporations, under the law entitled “An act concerning corporations," passed April twenty-second, one thousand eight hundred and fifty.

(1) See ante, p. 308, and post, chap. 186.

Ten or more persons may

powers for certain purposes.

CHAPTER CLXXXVI.
AN ACT to amend an Act relating to Corporations. (1)-(Passed

May 18, 1853.]
The People of the State of California, represented in Senate and

Assembly, do enact as follows :

Section 1. Any ten or more persons, citizens of this state, may assume corporate assume corporate powers for the purpose of erecting odd fellows' halls,

or buildings for the purposes of the meetings of said societies, by filing a copy of their intention so to do with the county recorder of any county wherein said societies exist, and may assume such corporate name as they may elect, and in that name may sue and be sued, and shall have all the rights of corporations in this state. Said corporations may make such constitutions, by-laws, rules and regulations as they may deem best : Provided, that they are not contrary to the

constitution and laws of this state. May hold real Sec. 2. The said corporations may acquire and hold real and perand personal

sonal property not exceeding in value the sum of two hundred thou-
sand dollars each, and as long as said property shall be held for the
charitable
purposes

of the said societies, the same shall be free from taxation.

Sec. 3. That it shall be lawful for the said corporations to have a herein set forth.

common seal for their use, and the same may be changed at their will, and shall in general have and exercise all such rights, privileges and immunities, as by law are incident or necessary to corporations, and what may be necessary to the corporations herein constituted.

property

Other powers

CHAPTER CLXXXVII.

AN ACT to amend an Act entitled An Act concerning Corpora

tions," passed April twenty-second, one thousand eight hundred and fifty. (2)—[Passed May 7, 1853.]

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

Assembly, do enact as follows :

Former act amended.

Section 1. Section one hundred and eighty-two of said act is so amended as to read as follows: The real estate held by the trustees

(1) See preceding chapter. (2) See ante, page 309.

etc.

the purposes of

in trust for such organization, shall in no case exceed four whole lots Amount of real in a town or city, or twenty acres in the county; nor shall the annual by associations, income of such real and personal property, held in trust by them, ex- Of annual ceed the sum of twenty thousand dollars : Provided, that the grand The masonic lodge of the ancient order of free and accepted masons in this state, may hold such or any subordinate lodge thereof, may acquire and hold such property, be necessary for real and personal, as may be deemed necessary by the proper

authori

their organizaties thereof to carry out the charitable purposes of said grand lodge, or subordinate lodges, or for the establishment and endowment of a coilege, 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 and shall have such other general powers as are granted to corporations under an corporate powers. act entitled an act concerning corporations, passed April twenty-second, one thousand eight hundred and fifty.

tion.

CHAPTER CLXXXVIII.

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AN ACT to authorize a Transfer of Causes from the Superior Court

of the City of San Francisco. The People of the State of California, represented in Senate and As

sembly, do enact as follows :

transferred.

Section 1. The superior court of the city of San Francisco may, Causes may be on motion, change the place of trial of any cause therein, to the district court of the county of San Francisco, or to the district court of any other county, in the following cases :

1st. When the city of San Francisco is not the proper place to try Reasons therefor. the cause.

2d. When there is reason to believe that a fair and impartial trial cannot be had in said court.

3d. When the convenience of witnesses or the ends of justice would be promoted by said change.

4th. When, from any cause, the judge is disqualified from acting in the action.

Sec. 2. When any of the causes aforesaid shall arise or be shown Order for change to exist, the court or judge shall order the venue to be changed to the nearest district court, where the like objections do not exist.

This bill, having remained with the governor ten days, (Sundays · excepted,) and the senate and assembly being in session, it has become a law, this tenth day of March, A. D. one thousand eight hundred and fifty-three.

J. W. DENVER,

Secretary of State.

of venue.

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