APPLICATION BY SAVINGS AND LOAN SOCIETY.

Sec. 1234, C. C. P. If the applicant be a savings and loan association, or engaged in the business of receiving money on deposit, and there is any unclaimed deposit or dividend in its hands belonging to a person whose whereabouts are unknown to the trustees, directors, or other officers presenting the application, the application must set forth the name of the person making such deposit, or entitled to such dividend, the time when such deposit was made or dividend declared, the residence, if known, of such person at the time of such deposit, the amount of such deposit or dividend, and the fact that the whereabouts of such person are unknown. The same facts must be stated in the notice of the application given by the clerk. If, at any time before the expiration of the time of publication, any person files a claim to such deposit or dividend, the court must, at the hearing and upon five days' notice to him, hear and determine his claim, and, if such claim is established, order such money to be paid to him. All such deposits or dividends not so claimed, or as to which no claim shall be established, shall, upon order of the court, be paid into the state treasury, accompanied with a copy of the order, which must set forth the facts hereinbefore required to be stated concerning such deposits or dividends; and, upon production of the treasurer's receipt for such payment, the court may proceed to declare the corporation dissolved as in other cases. All unclaimed deposits and dividends so paid into the state treasury must be received, invested, accounted for, and paid out, in the same manner and by the same officers as is provided by law in the case of escheated estates, and in section twelve hundred and seventy-two. En. February 25, 1897.

TITLE IX.

OF CHANGE OF NAMES.

1275. Jurisdiction.

1276. Application for change of name, how made.

§ 1277. Publication of petition for.

§ 1278. Hearing of application and remonstrance.

§ 1279. Return by county clerk.

JURISDICTION.

Sec. 1275, C. C. P. Applications for change of names must be heard and determined by the superior courts. En. March 11, 1872. Amd. 1880, 117.

Legislative History.

The amendment changed "county" to "supervisor."

Section Cited.

Matter of La Société Francais etc., 123 Cal. 526, 56 Pac. 458.

Annotation.

Title Constitutional. The provisions of this title are not unconstitutional as delegating legislative powers to the judiciary. The legislature cannot itself create a corporation or change its name by special act; but it may by a general law authorize the corporators to petition the superior court for leave to change it. (Matter of La Société Francais etc., 123 Cal. 525, 56 Pac, 458.)

Construction of Section 1276, Code of Civil Procedure.-Section 1276, Code of Civil Procedure, is not to be construed as limiting the terms "or other corporations" to corporations merely of the same kind with those specially enumerated, but the necessity or desirability of a change of name being as likely to occur in the case of a private corporation organized for profit as any other, a change of name is to be considered as permitted to such corporations by the language of that section. (Application La Société Francais, 123 Cal. 525, 56 Pac. 458.)

Savings Banks.-A petition by a savings bank to change a cumbersome name to one more convenient is within the provisions of this bill. (Matter of La Société Francais etc., 123 Cal. 525, 56 Pac.

APPLICATION FOR CHANGE OF NAME, HOW MADE.

Sec. 1276, C. C. P. All applications for change of names must be made to the superior court of the county where the person whose name is proposed to be changed resides, by petition, signed by such person; and if such person is under twenty-one years of age, if a male, and under the age of eighteen years of age if a female, by one of the parents, if living, or if both be dead, then by the guardian; and if there be no guardian, then by some near relative or friend. The petition must specify the place of birth and residence of such person, his or her present name, the name proposed, and the reason for such change of name, and must, if the father of such person be not living, name, as far as known to the petitioner, the near relatives of such person, and their place of residence. Any religious, benevolent, literary, scientific, or other corporation, or any corporation bearing or having for its name, or using or being known by the name of any benevolent or charitable order or society, may, by petition, apply to the superior court of the county in which its articles of incorporation were originally filed, or in which the property of such incorporation is situated, for a change of its corporate Such petition must be signed by a majority of the directors or trustees of the corporation, and must specify the date of the formation of the corporation, its present name, the name proposed, and the reasons for such change of name. Upon filing such petition on behalf of such corporation, the same proceedings shall be had, as upon applications for changes of names of natural persons, and no banking corporation hereafter organized shall adopt or use the name of any friendly association. En. March 11, 1872. Amd. 1877-78, 110; 1880, 117; 1885, 112.

name.

Section Cited.

Matter of La Société Francais etc., 123 Cal. 526, 530, 56 Pac.

458.

PUBLICATION OF PETITION FOR.

Sec. 1277, C. C. P. A copy of such petition must be published for four successive weeks, in some newspaper printed in the county, if a newspaper be printed therein, but if no news

paper be printed in the county, a copy of such petition must be posted at three of the most public places in the county for a like period, and proofs must be made of such publication before the petition can be considered. En. March 11, 1872.

Section Cited.

Matter of La Société Francais etc., 123 Cal. 526, 56 Pac. 458.

HEARING OF APPLICATION AND REMONSTRANCE.

Sec. 1278, C. C. P. Such application must be heard at such time as the court may appoint, and objections may be filed by any person who can, in such objections, show to the court good reason against such change of name. On the hearing, the court may examine on oath any of the petitioners, remonstrants, or other persons, touching the application, and may make an order changing the name, or dismissing the application, as to the court may seem right and proper. En. March 1, 1872. Amd. 1880, 117.

Legislative History.

The original had the words "during term" after the words "at such time."'

Section Cited.

Matter of La Société Francais etc., 123 Cal. 526, 56 Pac. 458.

RETURN BY COUNTY CLERK.

Sec. 1279, C. C. P. Each county clerk shall annually, in the month of January, make a return to the office of the Secretary of State of all changes of names made in the superior court of his county under this title; such return shall show the date of the decree of the court, original name, name decreed, and residence. Such returns shall be published in a tabular form with the statutes first published thereafter. En. Stats. 1873-74, 413. Amd. 1880, 118.

Legislative History.

The amendment changed "county" to "superior" before "court."

Section Cited.

Matter of La Société Francais etc., 123 Cal. 526, 56 Pac. 458.

TITLE XI.

CHAPTER III.

EXECUTORS.

§ 1348. Corporations as executors.

CORPORATIONS AS EXECUTORS.

Sec. 1348, C. C. P. Corporations, authorized by their articles of incorporation to act as executor, administrator, guardian of estates, assignee, receiver, depository, or trustee, and having a paid-up capital of not less than two hundred and fifty thousand dollars of which one hundred thousand dollars shall have been actually paid in in cash, may be appointed to act in such capacity in like manner as individuals. In all cases in which it is required that an executor, administrator, guardian, assignee, receiver, depository, or trustee, shall qualify by taking and subscribing an oath, or in which an affidavit is required, it shall be a sufficient qualification by such corporation, if such oath shall be taken and subscribed, or such affidavit made, by the president or secretary or manager thereof; and such officer shall be liable for the failure of such corporation to perform any of the duties required by law to be performed by individuals acting in like capacity and subject to like penalties; and such corporation shall be liable for such failure to the full amount of its capital stock and upon the bond required upon its assuming the trusts provided for herein. En. Stats. 1887, 21.

Act allowing corporation to act as executor: See Appendix, title "Corporations.''