CHAP. DCVIII.-An Act to amend the Civil Code by adding a new section thereto, to be numbered three hundred and twentyone, and to repeal section five hundred and eighty-four of the same Code, concerning corporations. [Approved April 3, 1876.] The People of the State of California, represented in Senate and SECTION 1. The Civil Code is amended by adding a new section thereto, to be numbered three hundred and twentyone, to read as follows: business. 321. Every corporation that has been or may be created Removal of under the general laws of this State, may change its princi- place of pal place of business from one place to another in the same county, or from one city or county to another city or county, within this State. Before such change is made, the consent in writing of the holders of two-thirds of the capital stock must be obtained and filed in the office of the corporation. When such consent is obtained and filed, notice of the intended removal or change must be published at least once a week for three successive weeks, in some newspaper published in the county wherein said principal place of business is situated, if there is one published therein, if not, in a newspaper of an adjoining county, giving the name of the county or city where it is situated, and that to which it is intended to remove it. SEC. 2. Section five hundred and eighty-four of the Civil Section Code is repealed. SEC. 3. This Act takes effect immediately. repealed. CHAP. CCXVIII.—An Act to amend the Civil Code. [Approved March 15, 1876.] The People of the State of California, represented in Senate and SECTION 1. Section three hundred and twenty-two of the holders. 322. Each stockholder of a corporation is individually and Liability of personally liable for such proportion of its debts and liabili-stockties as the amount of stock or shares owned by him bears to the whole of the subscribed capital stock or shares of the corporation and for a like proportion only of each debt or claim against the corporation. Any creditor of the corporation may institute joint or several actions against any of its stockholders for the proportion of his claim, payable by each, and in such action the Court must ascertain the proportion of the claim or debt for which each defendant is liable, and a several judgment must be rendered against each, in conformity therewith. Liability of If any stockholder pays his proportion of any debt due from stockholders the corporation, incurred while he was such stockholder, he is relieved from any further personal liability for such debt; and if an action has been brought against him, upon such debt, it shall be dismissed, as to him, upon his paying the costs, or such proportion thereof as may be properly chargeable against him. The liability of each stockholder is determined by the amount of stock or shares owned by him at the time the debt or liability was incurred; and such liability is not released by any subsequent transfer of stock. The term stockholder, as used in this section, shall apply not only to such persons as appear by the books of the corporation to be such, but, also, to every equitable owner of stock, although the same appear on the books in the name of another, and, also, to every person who has advanced the installments or purchase money of stock in the name of a minor, so long as the latter remains a minor; and, also, to every guardian or other trustee who voluntarily invests any trust funds in the stock Trust funds in the hands of a guardian or trustee shall not be liable under the provisions of this section by reason of any such investment, nor shall the person for whose benefit the investment is made be responsible in respect to the stock, until he becomes competent and able to control the same; but the responsibility of the guardian or trustee making the investment shall continue until that period. Stock held as collateral security, or by a trustee, or in any other representative capacity, does not make the holder thereof a stockholder, within the meaning of this section, except in the cases above mentioned, so as to charge him with any proportion of the debts or liabilities of the corporation; but the pledgor, or person, or estate represented, is to be deemed the stockholder, as respects such liability. In corporations having no capital stock, each member is individually and personally liable for his proportion of its debts and liabilities, and similar actions may be brought against him, either alone or jointly with other members, to enforce such liability as by this section may be brought against one or more stockholders, and similar judgments may be rendered. The liability of each stockholder of a corporation formed under the laws of any other State or territory of the United States, or of any foreign country, and doing business within this State, shall be the same as the liability of a stockholder of a corporation created under the Constitution and laws of this State. CHAP. CCLXV.-An Act to add another section to the Civil Code. [Approved March 20, 1876.] The People of the State of California, represented in Senate and SECTION 1. An additional section is added to the Civil Code, to be known as section three hundred and sixty-one, and to read as follows: tion of owning claims. 361. It shall be lawful for two or more corporations Consolidaformed, or that may hereafter be formed, under the laws of mining this State for mining purposes, which own or possess mining corporations claims or lands adjoining each other, or lying in the same adjoining vicinity, to consolidate their capital stock, debts, property, assets, and franchises, in such manner and upon such terms as may be agreed upon by the respective Boards of Directors or Trustees of such companies so desiring to consolidate their interests; but no such consolidation shall take place without the written consent of the stockholders representing twothirds of the capital stock of each company; and no such consolidation shall, in any way, relieve such companies, or the stockholders thereof, from any and all just liabilities; and in case of such consolidation, due notice of the same shall be given by advertising for one month, in at least one newspaper in the county and State where the said mining property is situated, if there be one published therein, and also in one newspaper published in the county, or city and county, where the principal place of business of any of said companies shall be. And when the said consolidation is completed, a certificate thereof, containing the manner and terms of said consolidation, shall be filed in the office of the County Clerk of the county in which the original certificate of incorporation of any of said companies shall be filed, and a copy thereof shall be filed in the office of the Secretary of State. Such certificate shall be signed by a majority of each Board of Trustees or Directors of the original companies; and it shall be their duty to call, within thirty days after the filing of such certificate, and after at least ten days' public notice, a meeting of the stockholders of all of said companies so consolidated, to elect a Board of Trustees or Directors for the consolidated company for the year thence next ensuing. The said certificate shall also contain all the requirements prescribed by section two hundred and ninety of said Civil Code. SEC. 2. This Act shall apply to all corporations formed under the laws of this State, whether formed under the said Civil Code, or prior thereto. SEC. 3. This Act shall take effect from and after its passage. Conveyance of passen gers within city limits. CHAP. CCCCLXXXVIII.-An Act to amend section four hundred and seventy-one of the Civil Code, relative to railroad corporations. [Approved April 1, 1876.] The People of the State of California, represented in Senate and SECTION 1. Section four hundred and seventy-one of the 471. No railroad corporation other than street railroads, availing itself of the provisions of the preceding section, and acquiring right of way from city authorities, must ever use their road for street railroad purposes, or for the purpose of carrying passengers for a consideration, from any point to another in the same city, except such roads as are or may be built on the prismoidal or other elevated railroad plan, and chartered for street railroad purposes; provided, that such elevation shall be not less than fourteen feet above the street level. SEC. 2. This Act shall take effect from and after its passage. Operation of street railroads. CHAP. CXXV.-An Act to amend section four hundred and The People of the State of California, represented in Senate and SECTION 1. Section four hundred and ninety-seven of the 497. Authority to lay railroad tracks through the streets and public highways of any incorporated city or town may be obtained for a term of years not exceeding fifty, from the Trustees, Council, or other body to whom is intrusted the government of the city or town, under such restrictions and limitations, and upon such terms and payment of license tax, as the city or town authority may provide. In no case must permission be granted to propel cars upon such tracks otherwise than by horses, mules, or by wire ropes running under the streets and moved by stationary steam engines, unless for special reasons as hereinafter provided. SEC. 2. This Act shall take effect and be in force from and after its passage. CHAP. CCCCXCVII.-An Act to amend section four hundred and ninety-eight of the Civil Code, relative to railroad corporations. [Approved April 3, 1876.] The People of the State of California, represented in Senate and SECTION 1. Section four hundred and ninety-eight of the. tracks. 498. The city or town authorities, in granting the right Manner of of way to street railroad corporations, in addition to the constructing restrictions which they are authorized to impose, must require a strict compliance with the following conditions, except in the cases of prismoidal or other elevated railways. In such cases, said railway shall be required to be constructed in such a manner as will present the least obstruction to the freedom of the streets on which it may be erected, when allowed by the granting power: First-To construct their tracks on those portions of streets designated in the ordinance granting the right, which must be as nearly as possible in the middle thereof. Second-To plank, pave, or macadamize the entire length of the street, used by their track, between the rails, and for two feet on each side thereof, and between the tracks, if there be more than one, and to keep the same constantly in repair, flush with the street, and with good crossings. Third That the tracks must not be more than five feet wide within the rails, and must have a space between them sufficient to allow the cars to pass each other freely. SEC. 2. This Act shall take effect from and after its passage. CHAP. CCCCXCIX.-An Act to add another section to the Civil The People of the State of California, represented in Senate and SECTION 1. Another section is added to the Civil Code, numbered section five hundred and fifty-two, and reads as follows: to use water gating. 552. Whenever any corporation, organized under the laws Right of of this State, furnishes water to irrigate lands which said purchasers corporation has sold, the right to the flow and use of said for irriwater is and shall remain a perpetual easement to the land so sold, at such rates and terms as may be established by said corporation in pursuance of law. And whenever any person who is cultivating land on the line and within the flow of any ditch owned by such corporation, has been furnished water by it with which to irrigate his land, such person shall |