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 name. 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 reason 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. [Amendment in effect March 12, 1885.]

123 Cal. 526, 530.

§ 1277. Upon the filing of the said petition the court shall thereupon make an order reciting the filing of the application, the name of the person or corporation by whom it is filed and the name proposed, and directing all persons interested in said matter to appear before the court, at a time and place specified, not less than four or more than eight weeks from the time of making such order, to show cause why the application for change of name should not be granted. A copy of the order to show cause must be published for four successive weeks in some newspaper of general circulation to be designated in the order, printed in the county, if a newspaper be printed therein, or, if no newspaper be printed in the county, a copy of such order to show cause shall be posted by the clerk of the court in three of the most public places in the county in which the court is held, for a like period. Proof must be made to the satisfaction of the court, of such publication, or posting, at the time of the hearing of the application. [Amendment approved

March 3, 1905; in effect in sixty days.]

123 Cal. 526.

§ 1278. 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; provided, that if the applicant for a change of name be a corporation, such applicant shall file in court at the time of hearing the application, the certificate of the Secretary of State that the name desired to be used by the applicant is not the corporate name of any corporation existing at said time, and that said name does not so closely resemble the name of any such existing corporation as will tend to deceive. [Amendment approved March 14, 1905; in effect in sixty days.]

123 Cal. 526.

§ 1279. A certified copy of the decree of the court, changing the name of a person or corporation, shall within thirty days from the date of such decree, be filed in the office of the Secretary of State. [Amendment approved March 18, 1907; in effect in sixty days.]

123 Cal. 526.

[See, also, Section 300a of the Civil Code.]

SEC. 1348.

TITLE XI.

CHAPTER III. ARTICLE I.

Corporations as executors.

§ 1348. 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. [New section; in effect March 5, 1887.]

PENAL CODE.

PART I. TITLE VII.

CHAPTER VIII.

§ 178. [Repealed March 21, 1905; in effect in sixty days.]

§ 179. [Repealed March 21, 1905; in effect in sixty days.]

Note.-38 178, 179. These sections were, in the Circuit Court of the United States, Ninth Judicial District, explicitly held to be in violation of the Constitution of the United States, on May 22, 1880. (In re Parrott, 5 Pac. Coast L. J. 161.) They are now obsolete. An ordinance in somewhat similar terms was also held unconstitutional in Ex parte Kerboch, 85 Cal. 274.

Chapter II.

SEC. 273c.

PART I. TITLE IX.

Abandonment and Neglect of Children.

Disposition of fines collected in the prosecution of crimes against children.

§ 273c. All fines, penalties, and forfeitures imposed and collected under the provisions of the five preceding sections, or under the provisions of any law relating to, or affecting, children, in every case where the prosecution is instituted or conducted by a society incorporated under the laws of this State for the prevention of cruelty to children, inure to such society in aid of the purposes for which it is incorporated. [New section; approved March 22, 1905; in effect in sixty days.]

Note. § 273c.

This is a codification of Section 5 of the statute of 1877-8, p. 814.

SEC. 273e.

Children prohibited from delivering messages to certain places.

§ 273e. Every telephone, special delivery company or association, and every other corporation or person engaged in the delivery of packages, letters, notes, messages, or other matter,

and every manager, superintendent, or other agent of such person, corporation, or association, who sends any minor in the employ or under the control of any such person, corporation, association, or agent, to the keeper of any house of prostitution, variety theater, or other place of questionable repute, or to any person connected with, or any inmate of, such house, theater, or other place, or who permits such minor to enter such house, theater, or other place, is guilty of a misdemeanor. [New section; approved March 22, 1905; in effect in sixty days.]

Note.- 273e. The matter in Section 1389, which incorrectly stood in a chapter entitled "Dismissal of the Action," has been put into a new section designated as 273e, and placed in its proper chapter, with the other sections relative to children, and Section 1389 accordingly repealed.

SEC. 273f. § 273f. Any person, whether as parent, guardian, employer, or otherwise, and any firm or corporation, who as employer or otherwise, shall send, direct, or cause to be sent or directed to any saloon, gambling house, house of prostitution, or other immoral place, any minor under the age of eighteen, is guilty of a misdemeanor. [New section; approved March 18, 1907 ; in effect in sixty days.]

Children not to be sent to saloons, etc.

PART I. TITLE X.

Of Crimes Against the Public Health and Safety.

SEC. 369b.

Confining animals in cars for longer than certain time.

§ 3696. Any officer, agent or conductor of any company or person operating any railroad in this State, who in carrying and transporting cattle, sheep, or swine in carload lots, confines the same in cars for a longer period than thirty-six consecutive hours, without unloading for rest, water and feeding, for a period of at least ten consecutive hours, is guilty of a misdemeanor. In estimating such time of confinement, the period during which the animals have been confined without such rest on connecting roads from which they are received, must be computed. In case the owner or person in charge of

such animal refuses or neglects to pay for the care and feed of animals so rested, the company or person operating such railroad may charge the expense thereof to the owner or consignee and retain a lien upon the animals therefor until the same is paid. [New section; approved March 21, 1905; in effect in sixty days.]

Note. § 369b. This is a codification of the statute of 187778, page 969.

SEC. 504. § 504.

*

When officer, etc., guilty of embezzlement.

*

*

And every officer, director, trustee, clerk, servant, or agent of any association, society, or corporation (public or private), who fraudulently appropriates to any use or purpose not in the due and lawful execution of his trust, any property which he has in his possession or under his control by virtue of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, is guilty of embezzlement. [Amendment in effect April 6, 1880.]

66 Cal. 274; 69 Cal. 237; 82 Cal. 586; 106 Cal. 312; 108 Cal. 541; 124 Cal. 453; 134 Cal. 303; 136 Cal. 451.

SEC. 506. When trustee, contractor, etc., guilty of embezzlement. § 506. Every trustee, banker, merchant, broker, attorney, agent, assignee in trust, executor, administrator, or collector, or person otherwise intrusted with or having in his control property for the use of any other person, who fraudulently appropriates it to any use or purpose not in the due and lawful execution of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, and any contractor who appropriates money paid to him for any use or purpose, other than for that which he received it, is guilty of embezzlement. [Amendment approved March 22, 1907; in effect in sixty days.]