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Foreign

keep recordis.

provisions of this law, maintain any action or proceeding in any Court of this state until his or their assignor or assignors shall have first duly complied with the provisions of this law.

SEC. 4. Where any of such banking corporations shall be corporations, foreign, the statements hereinbefore provided for shall be

verified by the agent or manager of the business of such corporation resident in this State, who shall be subject to the same liabilities herein provided as against Directors of any such banking corporation, and also as against every such

bank officer. Recorder to SEC. 5. The Recorder of each county of this State shall

keep two sets of well-bound books for the record of the sworn statements herein provided for, respectively, one of which sets of books shall be labeled “Statements of Banking, Cap; ital," and the other, “Statements of Banking Assets," and said Recorder shall, upon the payment of his fees for the same, record separately said respective sworn statements in its appropriate book, and shall keep a separate index of each of said sets of books. Said original sworn statements need not be acknowledged in order to be recorded as aforesaid, but must be verified as aforesaid before some Judge or officer of this State authorized to take affidavits to be used before any Court in this State, and shall always remain and be kept on file in the office of said Recorder.

SEC. 6. The Recorder of every county in this State shall receive, for recording any of the sworn statements herein provided for, for every folio, twenty-five cents; and for noting on any such sworn statement the time when and the place where recorded, twenty-five cents; and for certified copies of such sworn statements, to which any one paying for the same shall be entitled, twenty-five cents per folio.

SEC. 7. This Act shåll take effect from and after its passage.

Fees of
Recorder.

CHAP. CCCCLXXXVIII.—[See volume of Amendments to

the Codes.]

CHAP. CCCCLXXXIX.-An Act to amend an Act entitled "An

Act supplemental to an Act entitled an Act concerning corporations, passed April twenty-second, one thousand eight hundred and fifty," approved March twenty-first, eighteen hundred and seventy-two.

[Approved April 1, 1876.) The People of the State of California, represented in Senate and

Assembly, do enact as follows: [SECTION 1.] Section one of said Act is hereby amended so as to read as follows: Section 2. At the time and place ap

holders.

pointed by said notice, those claiming to be shareholders who Trusteos to shall assemble, shall proceed to organize by the appointment statement to of a Chairman and Secretary, and thereupon those claiming share to be shareholders shall present proof thereof, and only those showing a right to vote shall take part in the further proceedings. If it appears that at the time appointed, or within one hour thereafter, shareholders of less than one-half the shares are present, no further proceedings shall be had; but the meeting shall be ipso facto dissolved; provided, however, that by a vote of the holders of the majority of the capital stock of the corporations aforesaid, the Board of Trustees may be required to furnish to the meeting a written detailed statement and account of the affairs, business, and property of the corporation, but if the holders of a majority of the shares are present they shall proceed to vote, the Secretary calling the roll, and the members voting yea or no, as the case may be. The Secretary shall enter the same upon his list, and when he has added up the list and stated the result, he shall sign the same and hand it to the Chairman, who shall sign the same and declare the result.

SEC. 2. All Acts or parts of Acts conflicting with this Act are hereby repealed.

SEC. 3. This Act shall take effect and be in force from and after its passage.

CHAP. CCCCXC.—[See volume of Amendments to the Codes.]

CHAP. CCCCXCI.-An Act to create an irrigation district, to be

called the West Side Irrigation District,

(Approved April 3, 1876.) The People of the State of California, represented in Senate and

Assembly, do enact as follows ; SECTION 1. All that certain territory situated in the Coun- Boundaries ties of Contra Costa, Alameda, San Joaquin, Stanislaus, Mer- or district. ced, Fresno, and Tulare, and bounded as follows, viz: On the west by a line commencing at the point of intersection of the main canal hereinafter mentioned with the westerly shore of Tulare Lake; running thence northwesterly along the foothills of the Diablo range of mountains, on the westerly bank of said canal, as finally located, to its intersection with the shore of Suisun Bay, at or near Antioch; and northerly and easterly by a line commencing at said point of intersection on said bay, and running thence southerly and easterly along the segregation line between the swamp and overflowed lands and high lands lying westerly from the San Joaquin, Fresno Slough, and King's River, to a point

ions.

Governor to

Commissioners.

Oath of office.

Office at

about twelve miles westerly of Lake Tulare; thence westerly to the east bank of said canal, as finally located ; and thence easterly along said east bank to Tulare Lake, the place of beginning, is hereby created an irrigation district, to be called the West Side Irrigation District, for the purpose of providing for the irrigation of the land lying in said district, and furnishing the means of transportation, by a canal to be con

structed from Tulare Lake on the south, and extending Five divis- northerly along the foothills of the Diablo range of moun

tains to a point on the south shore of Suisun Bay. Said district shall consist of five divisions: The portion thereof within the County of Contra Costa shall constitute the first division; the portion within the Counties of San Joaquin and Alameda, the second division; the portion within the County of Stanislaus, the third division; the portion within the County of Merced, the fourth division; and the portion south of Merced County, the fifth division.

SEC. 2. Within ten days after the passage of this Act, the appoint

Governor shall appoint five Commissioners, one of whom shall be a resident of each division of said district, to perform the duties herein prescribed until their successors are elected and qualified. They shall each forth with take and subscribe the official oath, and file the same in the office

of the Secretary of State. They shall meet at Grayson, in Grayson.

the County of Stanislaus, at which place the offices of all the officers elected under this Act shall be kept, organize as a Board, which shall be called Board of Commissioners of the “West Side Irrigation District," elect a President from their

number, and appoint a Secretary, adopt a seal, and shall Commission- keep a record of their proceedings. The Board shall then ere to locate proceed to locate said canal on the best practicable line from

a point to be selected by the Board, on the west shore of Tulare Lake, along the foothills of the Diablo range of mountains, to some point on the south shore of Suisun Bay, and shall retain a map of such location in their office, and file a copy in the office of the Secretary of State. In locating the canal, the Board may employ engineers, who shall survey and plat on said map the exterior lines of the district and the exterior lines of the several divisions of the district.

Sec. 3. An election shall be held in the district on the sessor, Tax first Tuesday in May, eighteen hundred and seventy-seven, Collector, and on the first Tuesday in May of each second year

thereafter, at which an Assessor, a Tax Collector, and a Treasurer, and five Commissioners for the district shall be elected. Not more than one of said Commissioners shall be a resident of the same subdivision of said irrigation district, The qualified electors of said district may vote at all district elections in the division where they reside. The person receiving the

highest number of votes for any office to be filled at such When spec- election, is elected thereto.

If at any election two or more ial election. persons receive an equal and the highest number of votes,

there is no choice, and a special election to fill the office must be ordered by the Board of Commissioners. Said officers shall serve for one year from the first Tuesday in June succeeding their election, and until their successors are

Election for
District As-

Treasurer, and Commissioners.

Term of office.

Act.

ballots.

elected and qualified. Within ten days after receiving their certificates of election, hereinafter provided for, they shall take and subscribe the official oath, and file the same in the office of the Board of Commissioners. Officers elected at special elections shall hold their office until the next regular election, and until their successors are elected and qualified. The Assessor shall execute an official bond in the sum of official ten thousand dollars, and the Tax Collector an official bond bonds. in the sum of fifteen thousand dollars, and the District Treasurer an official bond in the sum of fifty thousand dollars, to be approved by the Board of Commissioners; and each of said Commissioners shall execute an official bond, with at least two sufficient sureties, in the sum of at least twenty-five thousand dollars each, which said bond shall be approved by the Governor and filed in the office of the Sec- Approved by retary of State. Said bonds shall be in the form prescribed Governor. by law for the official bonds of county officers; provided, that the first election shall be held within sixty days after the first elecpassage of this Act, and the officers elected at such election tion sixty shall qualify within ten days after receiving their certificates passage of of election, and shall hold their office until their successors are elected and qualified; and provided, that at said first election the ballots shall contain, in addition to the names Form of of the persons to be voted for, the words “Tax-Yes," or "Tax-No.” If a majority of those voting on the question of said tax vote “Tax-No," the Board of Commissioners shall so proclaim it, and no further proceedings shall be had under this Act; but if a majority of those so voting shall vote "Tax-Yes," this Act shall be deemed to have been accepted by the people of said district, and the Board of Commissioners shall proceed as herein provided.

SEC. 4. The Board of Commissioners must establish a Election convenient number of elective precincts in each division precincts. of the district, and define the boundaries thereof, and may from time to time change the boundaries of, create new, or consolidate established precincts.

SEC. 5. Fifteen days before any election held under this Notice of Act, the Secretary of the Board of Commissioners shall cause notices to be posted in three public places in each election precinct, of the time and place of holding the election, and shall also post a general notice of the same, specifying the polling-places of each precinct, in the office of the Board. Prior to the time for posting the notices, the Board must Board of appoint for each precinct, from the electors thereof, one Election Inspector and two Judges, who shall constitute a Board of Election for such precinct. If the Board fail to appoint a Board of Election, or the members appointed do not attend at the opening of the polls on the morning of the election, the electors of the precinct present at that hour may appoint the Board, or supply the place of an absent member thereof. The Board must, in its order appointing Boards of Election, designate the house or place within the precinct where the election must be held.

SEC. 6. The Inspector is Chairman of the Election Board, Duties of and may :

election.

Inspector.

Oaths, by

Political Code to apply.

votes.

First-Administer all oaths required in the progress of an election.

Second-Appoint Judges and Clerks, if, during the progress of the election, any Judge or Clerk ceases to act.

Any member of the Board, or any Clerk thereof, may ministerol

. administer and certify oaths required to be administered

during the progress of an election. The Board of Election for each precinct must, before opening the polls, appoint two persons to act as Clerks of Election. Before opening the polls, each member of the Board and each Clerk must take and subscribe an oath to faithfully perform the duties

imposed upon them by law. Any elector of the precinct Pulls, when may administer and certify such oath. The polls must be operated and opened at one hour after sunrise on the morning of the

election, and must be kept open until sunset, when the same must be closed. The provisions of the Political Code concerning the registration of electors, and the form of ballots to be used at elections, shall not apply to elections held under this Act.

SEC. 7. Voting may commence as soon as the polls are opened, and may be continued during all the time the polls remain opened, and shall be conducted as nearly as practicable in accordance with the provisions of Chapter Nine

of Title Two of Part Three of the Political Code of this Counting of State. As soon as the polls are closed, the Judges shall open

the ballot-box and commence counting the votes; and in no case shall the ballot-box be removed from the room in which the election is held until all the ballots are counted. The counting of ballots shall in all cases be public. The ballots shall be taken out one by one by the Inspector or one of the Judges, who shall open them and read aloud the names of each person contained therein, and the office for which every such person is voted for. Each Clerk shall write down each office to be filled and the name of each person voted for for such office, and shall keep the number of votes by tallies, as they are read aloud by the Inspector or Judge. The counting of votes shall be continued without adjournment until all are counted.

SEC. 8. As soon as all the votes are read off and counted, a certificate shall be drawn up on each of the papers containing the poll list and tallies, or attached thereto, stating the number of votes each person voted for has received, and designating the office to fill which he was voted for, which number shall be written in words at the full length. Each certificate shall be signed by the Clerks, the Judges, and the Inspector. One of said certificates, with the poll list and the tally paper to which it is attached, shall be retained by

the Inspector, and preserved by him at least six months. Ballots to be The ballots shall be strung upon a cord or thread by the Inspector, during the counting of the ballots, in the

order in which they are entered upon the tally list by the Clerks; and said ballots, together with the other of said certificates, with the poll list and tally paper to which it is attached, shall be sealed by the Inspector in the presence of the Judges and Clerks, and indorsed “Election Returns," and

Election returns.

strung.

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