profit or not, and this Act shall not be strictly construed, but its provisions must at all times be liberally construed, with a view to effect its object and to promote its purposes. SEC. 14. This Act shall take effect immediately. MISCELLANEOUS STATUTES. An Act to provide for the recordation of contracts and subscription agreements to stock in water users' associations, organized in conformity with an Act of Congress, approved June 17, 1902, and to regulate recorders' fees for filing, recording and indexing same. [Approved March 20, 1907.] The people of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. All County Recorders in this State are hereby authorized and directed to accept from any incorporated water users' association, organized under the laws of the State of California for the purpose of securing the benefits of an Act of Congress approved June 17, 1902, known as the "Reclamation Act," books containing printed copies of agreements with the United States, or with such water users' association, in relation to the lands affected by the projects provided for by said Act, and copies of blank forms of subscription agreements to the capital stock of such water users' associations, or the transfer thereof, or other documents necessary to be recorded by such associations and to use such form books or such form blanks for the purpose of recording the same; and Recorders shall charge for filing, recording and indexing such documents, papers, writings or contracts the sum of twenty-five cents for each document. SEC. 2. This Act shall take effect immediately. An Act to provide for the transfer to the State of California by owners of patented lands therein of the right to preserve and protect wild game on such patented lands; to define the duties of the State Board of Fish Commissioners in relation to the control of such rights, and to declare the hunting of wild game within the exterior boundaries of the land to which such right attaches, a misdemeanor. [Approved March 21, 1907.] The people of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. Any person, firm or corporation, owning and in possession of patented lands in the State of California, embracing an area of not less than one hundred and sixty acres, may transfer, by an instrument in writing duly acknowledged before an officer authorized under the laws of this State to take acknowledgments, to the State of California, the right to preserve and protect all wild game on the land described therein for a period of not less than one year nor more than five years. Such instrument shall be filed with the State Board of Fish Commissioners; whereupon such board shall declare the lands described in such instrument a State game preserve, and thereafter for the period named therein, shall for all purposes relating to the preservation and protection of wild game be under the control of said board. Such preserve shall be numbered in the order of the filing of the instrument of transfer thereof. A copy of the declaration establishing the same shall, under the seal of said board, be issued to such person, firm or corporation, transferring the right therefor. During the period named in such instrument it shall be unlawful for any person to hunt, pursue, shoot, take, kill or destroy any wild game within the exterior boundaries thereof. The State Board of Fish Commissioners shall cause to be prepared suitable notices to be posted under its direction on each State game preserve and such notice shall describe the lands constituting the same, and shall contain a warning to all persons to refrain for the period named therein from violations, of the provisions of this Act. SEC. 2. All State game preserves established under the provisions of this Act shall for all purposes of preservation and protection of wild game thereon, be under the control and management of the State Board of Fish Commissioners, and the said board, its officers and employés, and all game wardens, may at all times enter in and upon such preserves, in the performance of their duties. The said board may establish such regulations as may, in its judgment, be necessary for the preservation and protection of the wild game on such preserves, and for that purpose may direct and authorize game wardens or other officers to execute such regulations. All expenses incurred in carrying out the provisions of this Act and the regulations that may be established thereunder, shall be a charge against and paid out of the "Game Preservation Fund" established under an Act entitled "An Act to regulate and license the hunting of game birds and animals and to provide revenue therefrom, for game preservation and restoration and to make appropriations for the purpose of carrying out the objects of this Act." SEC. 3. The hunting, pursuing, shooting, taking, killing or destroying of any wild game within the exterior boundaries of any State game preserve established under the provisions of this Act, is hereby declared a misdemeanor, and all fines collected in any prosecution therefor shall be paid into said "Game Preservation Fund." SEC. 4. This Act shall take effect and be in force from and after its passage. An Act to promote the public welfare, by providing for the conveyance, holding and protection of property, and the creation of trusts for the founding, endowment, erection and maintenance within this State of hospitals for the relief of the sick and for training schools for nurses. [Approved February 20, 1907.] The people of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. The provisions of this Act shall be liberally construed with a view to effect its objects and promote its purposes; and in the construction thereof, the singular number shall be deemed to include the plural, and the plural shall be deemed to include the singular number, and the masculine gender shall be deemed to include the feminine. SEC. 2. Any person desiring in his lifetime to promote the public welfare by founding, endowing and having maintained within this State a hospital for the relief of the sick, and as a training school for nurses, may to that end and for such purpose, by grant in writing, convey to a trustee or any number of trustees named in such grant, and to their successors, any property, real or personal, belonging to such person, and situated or being within this State; provided, that if any such person be married and the property be community property, then both husband and wife must join in such grant. SEC. 3. The person making such grant may therein designate: 1. The nature, object and purpose of the hospital and school for nurses to be founded, endowed and maintained. 2. The name by which it shall be known. 3. The powers and duties of the trustees, and the manner in which they shall account, and to whom, if accounting be required; but such powers and duties shall not be held to be exclusive of other powers and duties which may be necessary to enable such trustees to fully carry out the objects of such grant. 4. The mode and manner, and by whom, the successors of the trustee or trustees named in the grant are to be appointed. 5. Such rules and regulations for the management of the property conveyed as the grantor may elect to prescribe; but such rules shall, unless the grantor otherwise prescribes, be advisory only, and shall not preclude such trustees from making such changes as new conditions may from time to time require. .SEC. 4. The trustee or trustees named in such grant, and their successors may in the name of the said hospital and school for nurses, as designated in such grant, receive and hold gifts and donations of real and personal property, sue and defend, in relation to the trust property, and in relation to all matters affecting the said hospital and said school endowed or established by such grant, and such trustees are hereby given, and shall have, the right to exercise corporate powers and privileges, and to that end they may organize and act as a board of trustees, elect such officers of such board as they may deem to be necessary, adopt by-laws, and as such board, and through the officers thereof, they may transact such business, perform such acts and exercise such powers as they in writing may provide may be transacted, performed and exercised by such board. Such board may adopt and use a seal and such seal when attached to any document or writing shall be prima facie evidence that such document or writing was made by and under due authority from such board and from such trustees. SEC. 5. The person making such grant, by a provision therein, may elect in relation to the property conveyed and in relation to the erection, maintenance and management of such hospital and school, to perform, during his life, all the duties and exercise all the powers which, by the terms of the grant, are enjoined upon and vested in the trustee therein named, and in such case the powers and duties conferred and imposed by such grant upon said trustees therein named, shall be exercised and performed by the person making such grant, during his life; provided, however, that upon the death of such person such powers and duties shall devolve upon and shall be exercised by the trustees named in the grant, and their successors. SEC. 6. Any such grant may be executed, acknowledged and recorded in the same manner as is now provided by law for the execution, acknowledgment and recording of grants of real property. SEC. 7. No suit, action or proceeding shall be commenced or maintained by any person to set aside, annul or affect said conveyance or to affect the title to the property conveyed, or the right to the possession, or to the rents, issues and profits thereof, unless the same be commenced within two years after the date of filing such grant for record; nor shall any defense be made to any suit, action or proceeding commenced by the trustees named in said grant or their successors, privies or persons holding under them, which defense involves the legality of said grant, or affects the title to the property thereby conveyed, or the right of possession, or the rents, issues and profits thereof, unless such defense is made in a suit, action or pro ceeding commenced within two years after such grant shall have been filed for record, and after such filing said property shall be exempt from execution and forced sale. SEC. 8. This Act shall be in force from and after its passage. |