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Irrigation-Easement and water rates.

§ 552. Whenever any corporation, organized under the laws of this state, furnishes water to irrigate lands which said corporation has sold, the right to the flow and use of said water 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 be entitled to the continued use of said water, upon the same terms as those who have purchased their land of the corporation. Amended April 3, 1876; amendts. 1875-6, p. 77.

56 Cal. 440; 90 Cal. 286; 112 Cal. 434; 129 Cal. 448; 130 Cal. 313; 152 Cal. 588, 597; 2 Cal. App. 413; VI Cal App. Dec. 647, 796.

TITLE IX.

Homestead Corporations.

SEC. 557. 558.

Time of corporate existence.

559.

560.
561.

By

By-laws must specify time for and amount of payment
of installments, and penalty for failure to pay.
laws to be furnished to any member on demand.
Advertisement and sale of delinquent and forfeited
shares.

May borrow and loan funds-how, and for what time.
Minor children, wards, and married women may own

stock.

Forfeiture for speculating in or owning lands exceeding two hundred thousand dollars.

562.

563.

564.

565.

Annual report to be published.

566.

When corporation is terminated, and how.
Payment of premiums.

Publication in certain cases.

Time of corporate existence.

§ 557. Corporations organized for the purpose of acquiring lands in large tracts, paying off incumbrances thereon, improving and subdividing them into homestead lots or parcels, and distributing them among the shareholders, and for the accumu

lation of a fund for such purposes, are known as homestead corporations, and must not have a corporate existence for a longer period than ten years.

Enacted March 21, 1872.

By-laws must specify time for and amount of payment by installments, and penalty for failure to pay-By-laws to be furnished to any member on demand.

§ 558. Such corporations must specify in their by-laws the times when the installments of the capital stock are payable, the amount thereof, and the fines, penalties, or forfeitures incurred in case of default. A printed copy of the articles of incorporation and by-laws must be furnished to any shareholder on demand.

Enacted March 21, 1872.

Advertisement and sale of delinquent and forfeited shares. § 559. Whenever any shares of stock are declared forfeited. by resolution of the board of directors, the directors may advertise the same for sale, giving the name of the subscriber and the number of shares, by notice of not less than three weeks, published at least once a week in a newspaper of general circulation in the city, town, or county where the principal place of business of such corporation is located. Such sale must be made at auction, under the direction of the secretary of the company. The corporation may be a bidder, and the shares must be disposed of to the highest bidder for cash. No defect, informality, or irregularity in the proceedings respecting the sale invalidates it, if notice is given as herein provided. After the sale is made, the secretary must, on receipt of the purchase money, transfer to the purchaser the shares sold, and after deducting from the proceeds of such sale all installments then due, and all expenses and charges of sale, must hold the residue subject to the order of the delinquent subscriber. Enacted March 21, 1872.

May borrow and loan funds-how, and for what time.

§ 560. Homestead corporations may borrow money for the purposes of the corporation, not exceeding at any one time one fourth of the aggregate amount of the shares or parts of shares actually paid in, and the income thereof; no greater rate of interest must be paid therefor than twelve per cent per annum.

For the purpose of completing the purchase of lands intended to be divided and distributed, they may borrow on the security of their shares on the land thus purchased, or that owned by the corporation at the time of procuring the loan, any sum of money which, together with the interest contracted to become due thereon, will not exceed ninety per cent of the unpaid amount subscribed by the shareholders; but no loan must be made to the corporation for a term extending beyond that of its existence.

Enacted March 21, 1872.

Minor children, wards, and married women may own stock.

$ 561. Such shares of stock in homestead corporations as may be acquired by children, the cost of which, and the deposits and assessments on which, are paid from the personal earnings of the children, or with gifts from persons other than their male parents, may be taken and held for them by their parents or guardians. Married women may hold such shares as they acquire with their personal earnings, or those of their children, voluntarily bestowed therefor, or from property bequeathed or given to them by persons other than their husbands.

Enacted March 21, 1872.

Amount of shares exempt from execution: Code Civ. Proc. § 690, subd. 11.

Forfeiture for speculating in or owning lands exceeding two hundred thousand dollars.

§ 562. Homestead corporations must not purchase and sell, or otherwise acquire and dispose of, real property, or any interest therein, or any personal property, for the sole purpose of speculation or profit. Nor must any such corporation at any one time own or hold, in trust or otherwise, for its purposes, real property, or any interest therein, which in the aggregate exceeds in cash value the sum of two hundred thousand dollars. For any violation of the provisions of this section corporations forfeit their corporate rights and powers. On the application of any citizen to a court of competent jurisdiction, such forfeiture may be adjudged, and the judgment carries with it costs of the proceedings.

Enacted March 21, 1872.

When corporation is terminated, and how.

§ 563. Except for the purpose of winding up and settling its affairs, every homestead corporation must terminate at the expiration of the time fixed for its existence in the articles of incorporation, or when dissolved as provided in this part. No dividend of funds must be made on termination of its corporate existence until its debts and liabilities are paid; and upon the final settlement of the affairs of the corporation, or upon the termination of its corporate existence, the directors, in such manner as they may determine, must divide its property among its shareholders in proportion to their respective interests, or. upon the application of a majority in interest of the stockholders, must sell and dispose of any or all of the real estate of the corporation upon such terms as may be most conducive to the interests of all the stockholders, and must convey the same to the purchaser, and distribute the proceeds among the shareholders, or may at any time, when best for the interests of all the shareholders, cause the lands of the corporation to be subdivided into lots and distributed, by sale for premiums, at auction or otherwise, among the shareholders.

Enacted March 21, 1872.

Payment of premiums.

§ 564. Such premiums on lots may be made payable at the time they are bid off, and, if not so paid on any lot of land, the directors may immediately offer the same for sale again. If made payable at a future day, and any shareholder fails to pay his bid on the day the same is made due and payable, the directors may advertise and sell the shares of stock representing the lots of land on which the premiums remain unpaid, in the manner provided in the by-laws for the sale of shares on account of delinquent installments and premiums.

Enacted March 21, 1872.

Annual report to be published.

§ 565. The actual financial condition of all homestead corporations must, by the directors thereof, be published annually in the [a] newspaper published at the principal place of business of the corporation, for four weeks, if published in a weekly, and two weeks, if published in a daily. The statement must be made up to the end of each year, and inust be verified by the oath of the president and secretary, showing the items of property and liabilities.

Enacted March 21, 1872.

Publication in certain cases.

§ 566. In any case in which a publication is required, and no newspaper is published at the principal place of business, the publication may be made in a paper published in an adjoining county.

Enacted March 21, 1872.

TITLE X.

Savings and Loan and Banking Corporations.

(See, also, "Banks and Banking," statutes at large, Appendix.)

SEC. 571. May loan money-on what terms, how, and to whom, and how long.

572.

573.

574.

575.

576.

577.

578.

579.

580.

Capital stock, and rights and privileges thereof.

No dividends, except from surplus profits. To contract no liability, except for deposits.

Property which may be owned by corporations, and how disposed of. Restrictions in purchases as provided above.

Married women and minors may own stock in their
own right.

May issue transferable certificates of deposit.
certificates.

Special

To provide reserve fund for the payment of losses.
Prohibition on director and officer, and what vacates

office.

Definition of phrase "create debts."

Capital stock required. [Repealed.]

581. Amount of money to be loaned on real estate, limited. 582. Persons not incorporated must show true names, etc. 583. Dividends, how and when declared.

583a. Capital stock required to be advertised.

538b. Unclaimed deposits. Statement required.

May loan money-on what terms, how, and to whom, and how long.

§ 571. Corporations organized for the purpose of accumulating and loaning the funds of their members, stockholders, and depositors, may loan and invest the funds thereof, receive deposits of money, loan, invest, and collect the same, with interest, and may repay depositors with or without interest. No

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