provisions of this section, which list shall be by said County Clerk filed in his office; provided, that in case the name of any corporation which has suffered the forfeiture prescribed by the Act of which this Act is amendatory, or a name so closely resembling the name of such corporation as will tend to deceive, has been adopted by any other corporation since the date of said forfeiture then said corporation having suffered said forfeiture shall be relieved therefrom pursuant to the terms of this section of this Act only upon the adoption by said corporation seeking revivor of a new name, and in such case nothing in this Act contained shall be construed as permitting such corporation to be revived or carry on any business under its former name; and such corporation shall have the right to use its former name or take such new name only upon filing an application therefor with the Secretary of State and upon the issuing of a certification to such corporation by the Secretary of State setting forth the right of such corporation to take such new name or use its former name as the case may be; provided, however, that the Secretary of State shall not issue any certificate permitting any corporation to take or use the name of any corporation heretofore organized in this State and which has not suffered the forfeiture prescribed by the Act of which this Act is amendatory or to make or use a name so closely resembling the name of such corporation heretofore organized in this State, as will tend to deceive. [Amendment approved March 20, 1907; in effect immediately.] SEC. 7. All educational, religious, scientific and charitable corporations, and all corporations which are not organized for pecuniary profit, are exempt from the provisions of this Act. [Amendment approved June 13, 1906.] SEC. 8. On or before the thirty-first day of December of each year the Secretary of State shall make a list of all domestic corporations whose charters have been so forfeited and of all foreign corporations whose right to do business in this State has been so forfeited, and shall transmit a certified copy thereof to each County Clerk in this State, who shall file the same in his office. [Amendment approved June 13, 1906.] SEC. 9. It shall be unlawful for any corporation, delinquent under this Act, either domestic or foreign, which has not paid the license tax or fee, together with the penalty for such delinquency, as in this Act prescribed, to exercise the powers of such corporation, or to transact any business in this State, after the thirtieth day of November next following the delinquency. Each and every person who exercises any of the powers of a corporation so delinquent, either domestic or foreign, which has not paid the license tax, together with the penalty for such delinquency, or who transacts any business for or in behalf of any such corporation, after the thirtieth day of November next following the delinquency, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars, and not exceeding one thousand dollars, or by imprisonment in the county jail not less than fifty days nor more than five hundred days, or by both such fine and imprisonment. [Amendment approved June 13, 1906.] SEC. 10a. In all cases of forfeiture under the provisions of this Act, the directors or managers in office of the affairs of any domestic corporation, whose charter may be so forfeited, or of any foreign corporation whose right to do business in this State may be so forfeited, are deemed to be trustees of the corporation and stockholders or members of the corporation whose power or right to do business is forfeited and have full power to settle the affairs of the corporation and to maintain or defend any action or proceeding then pending in behalf of or against any of said corporations, or to take such legal proceedings as may be necessary to fully settle the affairs of said corporation, and such directors or managers, as such trustees, may be sued in any of the courts of this State by any person having a claim against any of said corporations; provided always, that no action pending against any corporation shall abate thereby, but may be prosecuted to final judgment the same may be enforced by execution with the same force and effect and in like manner as though no forfeiture had occurred; and provided further, that where judgment has been entered against any corporation prior to forfeiture under this Act, that notwithstanding execution may be issued thereon and the property of said corporation, or which may come into the hands of any trustee for it may be levied upon, seized and sold to satisfy the same with like force and effect as though such forfeiture has not occurred. [Amendment approved March 20, 1907; in effect immediately.] SEC. 106. At the time of filing a certified copy of articles of incorporation of any corporation when filed on or between the first day of July and the following first day of December in any year, there shall be paid, in addition to all other fees required by law to be paid to Secretary of State, the sum of twenty dollars, which shall be received and license receipt issued in full of the license tax payable under this Act, for the then current year. [Amendment approved June 13, 1906.] 148 Cal. 256. An Act to appropriate four thousand six hundred and five dollars ($4,605.00) to repay to certain nine hundred and twenty-one corporations five dollars each, for money erroneously collected by the Secretary of State as a penalty for the non-payment of the annual license tax prior to the eighth day of August, 1905, said penalty having been erroneously collected between and including the eighth day of August, 1905, and the twelfth day of October, 1905, as appears in the decision of the Supreme Court in the case of Ukiah Guaranty, etc. Co., vs.. Charles F. Curry, Secretary of State, San Francisco number 4422. [Approved June 13, 1906.] The people of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. The sum of four thousand six hundred and five dollars ($4,605.00) is hereby appropriated out of any money in the State Treasury not otherwise appropriated, to repay to certain nine hundred and twenty-one corporations five dollars each, for money erroneously collected by the Secretary of State as a penalty for the non-payment of the annual license tax prior to the eighth day of August, nineteen hundred and five, said penalty having been erroneously collected between and including the eighth day of August, nineteen hundred and five, and the twelfth day of October, nineteen hundred and five, as appears in the decision of the Supreme Court in the case of Ukiah Guaranty, etc. Co. vs. Charles F. Curry, Secretary of State, San Francisco number four thousand four hundred and twenty-two. SEC. 2. Upon the presentation of a claim by each of the corporations referred to in section one of this Act, duly authenticated by the president or secretary thereof, and approved by the Secretary of State, the Controller is hereby authorized and directed to draw his warrant in favor of each of the nine hundred and twenty-one corporations in this Act referred to, in the sum of five dollars, the names of said corporations appearing of record in the office of the said Controller and in the office of the said Secretary of State, and the Treasurer of the State is hereby directed to pay such warrants. SEC. 3. This Act shall be exempted from the provisions of Section 672 of the Political Code. SEC. 4. This Act shall take effect immediately. DISTRICT AGRICULTURAL ASSOCIATIONS. An Act entitled an Act to form agricultural districts, to provide for formation of agricultural associations therein, and for the management and control of the same by the State, and to repeal all Acts and parts of Acts in conflict with this Act. [Approved March 31, 1897; amendment approved March The people of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. The several counties of this State are divided and classified into agricultural districts, and numbered as follows, to wit: The Counties of San Francisco and Alameda shall constitute Agricultural District No. 1. The County of San Joaquin shall constitute Agricultural District No. 2. The County of Butte shall constitute Agricultural District No. 3. The Counties of Sonoma and Marin shall constitute Agricultural District No. 4. The Counties of San Mateo and Santa Clara shall constitute Agricultural District No. 5. The County of Los Angeles shall constitute Agricultural District No. 6. The County of Monterey shall constitute Agricultural District No. 7. The County of El Dorado shall constitute Agricultural District No. 8. The County of Humboldt shall constitute Agricultural District No. 9. The County of Siskiyou shall constitute Agricultural District No. 10. The Counties of Plumas and Sierra shall constitute Agricultural District No. 11; provided, that the first fair held in the eleventh agricultural district after the passage of this Act shall be held in Sierra County; the next fair in Plumas County, and thereafter said counties shall so alternate in holding such fairs. The County of Lake shall constitute Agricultural District No. 12. The Counties of Sutter and Yuba shall constitute Agricultural District No. 13. The County of Santa Cruz shall constitute Agricultural District No. 14. The County of Kern shall constitute Agricultural District No. 15. The County of San Luis Obispo shall constitute Agricultural District No. 16. The County of Nevada shall constitute Agricultural District No. 17. The Counties of Mono, Inyo, and Alpine shall constitute Agricultural District No. 18. All that portion of Santa Barbara County lying east of the Gaviota and south of the Santa Ynez Mountains shall constitute Agricultural District No. 19. The County of Placer shall constitute Agricultural District No. 20. The Counties of Fresno and Madera shall constitute Agricultural District No. 21. The County of San Diego shall constitute Agricultural District No. 22. The County of Contra Costa shall constitute Agricultural District No. 23. The Counties of Tulare and Kings shall constitute Agricultural District No. 24. The County of Napa shall constitute Agricultural District No. 25. |