Изображения страниц
PDF
EPUB

1

eighteen east; thence north on range line to northeast corner of township twenty-seven south, range seventeen east, of Monte Diablo meridian; thence west on township line to the northwest corner of said last above named township; thence north, on range line between township twenty-six south, range sixteen east, and township twenty-six south, and range seventeen east, to the northeast corner of said township twenty-six south, range sixteen east; thence north, on said range line between township twenty-five south, range sixteen east, and township twenty-five south, range seventeen east, of Monte Diablo meridian, to the northeast corner of said township twenty-five south, range eighteen east, on the sixth standard parallel south of Monte Diablo base; thence west, on said standard parallel, to the original common corner of San Luis Obispo, Kern, and Tulare Counties.

SEC. 2. All other Acts in conflict with this Act are hereby repealed.

SEC. 3. This Act shall take effect immediately after its passage.

CHAPTER CL.

not to

An Act to amend section three hundred and fifty-nine of an Act

entilled "An Act to establish a Civil Code," approved March 21, 1872, relating to powers of corporations.

[Approved March 18, 1885.]
The People of the State of California, represented in Senate and

Assembly, do enact as follows:
SECTION 1. Section three hundred and fifty-nine of an
Act entitled "An Act to establish a Civil Code,” is hereby
amended so as to read as follows:

359. No corporation shall issue stock or bonds except Corporation for money paid, labor done, or property actually received, hords except and all fictitious increase of stock or indebtedness shall be for lalwr, etc. void. Every corporation may increase or diminish its cap- May inerense ital stock, or increase its bonded indebtedness, subject to the ordiminish foregoing provision of this section, at a meeting called by the meeting. Directors for the purpose, as follows:

1. Notice of the time and the place of the meeting, stating Notice of its object, and the amount to which it is proposed to increase or diminish the capital stock, must be personally served served on on each stockholder resident in the State, at his place of residence, if known, and if not known, at the place where publication. the principal office of the corporation is situated, and be published in a newspaper published in the county of such principal place of business once a week for nine weeks suiccessively.

2. The capital stock must in no case be diminished to an Stock not amount less than the indebtedness of the corporation, or the estimated cost of the works which it may be the purpose of debts, etc. the corporation to construct.

stock at a

meeting
personally

stockholders
or by

diminished less than

Two thirds of stock to vote.

A certificate

Chairman and Secre

3. At least two thirds of the entire capital stock must be represented by the vote in favor of the increase, diminution, before it can be effectual.

4. A certificate must be signed by the Chairman and Secrebe signed by tary of the meeting and a majority of the Directors, showing

a compliance with the requirements of this section, the tary and be amount to which the capital stock has been increased or

diminished, the amount of stock represented at the meeting, Clerk's office. and the vote by which the object was accomplished.

5. The certificate must be filed in the office of the County Clerk where the original articles of incorporation were filed, and a certified copy thereof in the office of the Secretary of State, and thereupon the capital stock shall be so increased or diminished, or the bonded indebtedness may be increased accordingly.

SEC. 2. This Act shall take effect immediately.

filed in
in County

CHAPTER CLI.

An Act to appropriate money to pay the indebtedness incurred by

calling the State militia into service to enforce the law in San Joaquin County.

[Approved March 18, 1885.]

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

Assembly, do enact as follows: Appropria- SECTION 1. The sum of forty-one hundred and forty-two tive to pay dollars is hereby appropriated out of the General Fund, to Stockton and pay the expenses incurred by the Stockton and Emmet Guards. Guards of the National Guard of California, in the service of

the State, from the eighth to the seventeenth day of July inclusive, eighteen hundred and eighty-four.

Sec. 2.' This Act shall take effect immediately.

expenses of

CHAPTER CLII.

An Act to amend sections eleven hundred and eighty-three, eleven

hundred and eighty-four, eleven hundred and ninety-one, eleven hundred and ninety-four, and eleven hundred and ninety-five of an Act of the Legislature of the State of California entitled "An Act to establish a Code of Civil Procedure," approved March 11, 1872, and to add four new sections thereto, to be knoum, numbered, and designated as sections twelve hundred, twelve hundred and one, twelve hundred and two, and twelve hundred and three, all relating to liens of mechanics and others upon real property, and to carry out the mandate of section fifteen, of article twenty, of the Constitution.

[Approved March 18, 1885.]

lien on

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

Assembly, do enact as follows: SECTION 1. Section one thousand one hundred and eightythree of the Code of Civil Procedure is hereby amended so as to read as follows:

1183. Mechanics, material men, contractors, sub-contract- Mechanics, ors, artisans, architects, machinists, builders, miners, and all site to have persons and laborers of every class, performing labor upon building. or furnishing materials to be used in the construction, alteration, or repair, either in whole or in part, of any building, wharf, bridge, ditch, flume, aqueduct, tunnel, fence, machinery, railroad, wagon road, or other structure, shall' have a lien upon the property upon which they have bestowed labor, or furnished inaterials, for the value of such labor done and materials furnished, whether at the instance of the owner, or of any other person acting by his authority, or under' him, as contractor or otherwise; and any person who Laborers on performs labor in any mining claim or claims, has a lien mining, upon the same, and the works owned and used by the owners have lien on for reducing the ores from such mining claim or claims, for claim. the work or labor done, or materials furnished by each respectively, whether done or furnished at the instance of the owner of the building or other improvement, or his agent; and every contractor, sub-contractor, architect, builder, or Contractor other person having charge of any mining, or of the construction, alteration, or repair, either in whole or in part, of any building or other improvement as aforesaid, shall be held to be the agent of the owner, for purposes of this chapter. In case of a contract for the work, between the owner and his contractor, the lien shall extend to the entire contract price, and such contract shall operate as a lien in favor of all persons, except the contractor, to the extent of the whole contract price; and after all such liens are satisfied, then as a lien for any balance of the contract price in favor of the contractor. All such contracts shall be in writing when the contract to amount agreed to be paid thereunder exceeds one thousand beriti dollars, and shall be subscribed by the parties thereto, and

.

agent of owner.

writing.

[blocks in formation]

shall, before the work is commenced, be filed in the office of the County Recorder of the county, or city and county, where the property is situated, who shall receive one dollar for such filing, otherwise they shall be wholly void, and no recovery shall be had thereon by either party thereto; and in such case, the labor done and materials furnished by all persons aforesaid, except the contractor, shall be deemed to have been done and furnished at the personal instance of the owner, and they shall have a lien for the value thereof.

Sec. 2. Section one thousand one hundred and eighty-four of the Code of Civil Procedure is hereby amended so as to read as follows:

1184. No part of the contract price shall, by the terms of any such contract, be made payable, nor shalĩ the same, or any part thereof, be paid in advance of the commencement of the work; but the contract price shall, by the terms of the contract, be made payable in installments, at specified times, after the commencement of the work, or on the completion of specified portions of the work, or on the completion of the whole work; provided, that at least twenty-five per cent of the whole contract price shall be made payable at least thirty-five days after the final completion of the work and contract. No payment made prior to the time when the same is due under the terms and conditions of the contract, shall be valid for the purpose of defeating, diminishing, or discharging any lien in favor of any person, except the contractor, but as to such liens, such payment shall be deemed as if not made, and shall be applicable to such liens, notwithstanding the contractor to whom it was paid may thereafter abandon his contract, or be or become indebted to the owner in any amount, for damages or otherwise, for nonperformance of his contract or otherwise. As to all liens, except that of the contractor, the whole contract price shall be payable in money, and shall not be diminished by any prior or subsequent indebtedness, offset, or counterclaim in favor of the owner and against the contractor; no alteration of any such contract shall affect any lien acquired under the provisions of this chapter. All such contract and alterations thereof as do not conform substantially to the provisions of this section, shall be wholly void, and no recovery shall be had thereon by either party thereto; and in such case the labor done and materials furnished by all persons, except the contractor, shall be deemed to have been done and furnished at the personal instance of the owner, and they shall have a lien for the value thereof. Any of the persons mentioned in section eleven hundred and eighty-three, except the contractor, may, at any time, give to the owner a written notice that they have performed labor or furnished materials, or both, to the contractor, or other person acting by authority of the owner, or that they have agreed to do so stating in general terms the kind of labor and materials, and the name of the person to or for whom the same was done or furnished, or both, and the amount in value, as near as may be, of that already done or furnished, or both, and of the whole agreed to be done or furnished, or both. Such notice

a

may be given by delivering the same to the owner person- Notice to ally, or by leaving it at his residence or place of business, contractor with some person in charge; or by delivering it to his architects, or by leaving it at their residence or place of business, with some person in charge; or by posting it in a conspicuous place upon the mining claim, building, wharf, bridge, ditch, fume, aqueduct, tunnel, fence, machinery, railroad, wagon road, or other structure. No such notice shall be invalid by reason of any defect of form; provided, it is sufficient to inform the owner of the substantial matters herein provided for. Upon such notice being given, it shall be the duty of the owner to, and he shall withhold from his contractor, or from any other person acting under such owner, and to whom by said notice the said labor or materials, or both, have been furnished or agreed to be furnished, all money due or that may become due to such contractor, or other person, or sufficient of such money to answer such claim and any lien that may be filed therefor, for record, under this chapter, including costs and counsel fees provided for in this chapter, until such notice is by writing withdrawn; and all money paid thereafter by the owner to the contractor, or such other person, while such notice is in force, shall, for the purposes of all liens of all persons, except that of the contractor, be deemed a payment prior to the time the same was due within the meaning of and subject to the provisions of this section.

Sec. 3. Section one thousand one hundred and ninetyone of the Code of Civil Procedure is hereby amended so as to read as follows:

1191. Any person who, at the request of the owner of any Lien for lot in any incorporated city or town, grades, fills in, or other breeding wise improves the same, or the street or sidewalk in front of or adjoining the same, has a lien upon such lot for his work done and materials furnished.

SEC. 4. Section eleven hundred and ninety-four of the Code of Civil Procedure is hereby amended to read as follows:

1194. In every case in which different liens are asserted Court to against any property, the Court in the judgment must declare declare order the rank of each lien, or class of liens, which shall be in the following order, viz.:

1. All persons performing manual labor in, on, or about the same.

2. Persons furnishing materials.
3. Sub-contractors.
4. Original contractors.

And the proceeds of the sale of the property must be Deficiency to applied to each lien or class of liens in the order of its rank; and whenever, in the sale of the property subject to the lien, there is a deficiency of proceeds, judgment may be docketed for the deficiency in like manner and with like effect as in actions for the foreclosure of mortgages.

Sec. 5. Section one thousand one hundred and ninetyfive of the Code of Civil Procedure is hereby amended so as to read as follows:

street.

a

,

[ocr errors]

be docketed.

« ПредыдущаяПродолжить »