by the person making such grant, or by his wife, during his or her life, as the case may be; provided, however, that upon the death of such person, or his surviving wife, as the case may be, such powers and duties shall devolve upon and shall be exercised by the trustees named in the grant, and their successors.

Amending_grant.

Sec. 6. The person making such grant may therein reserve the right to alter, amend, or modify the terms and conditions thereof, and the trusts therein created, in respect to any of the matters mentioned or referred to in subdivisions one to six, inclusive, of section two hereof; and may also therein reserve the right, during the life of such person or persons, of absolute dominion over the personal property conveyed, and also over the rents, issues, and profits of the real property conveyed, without liability to account therefor in any manner whatever, and without any liability over against the estate of such person; and if any such person be married, such person may, in said grant, further provide that if his wife survive him, then such wife, during her life, may have the same absolute dominion over such personal property, and such rents, issues, and profits, without liability to account therefor in any manner whatever, and without liability over against the estate of either of the spouses.

Custody of minors.

Sec. 7. The person making such grant may therein provide that the trustees named in the grant, and their successors, may, in the name of the institution or institutions, become the custodian of the person of minors, and when any such provision is made in a grant, the trustees and their successors may take such custody and control in the manner and for the time and in accordance with the provisions of sections two hundred and sixty-four to two hundred and seventy-six, inclusive, of the Civil Code of the state of California. Execution of grant.

Sec. 8. Any such grant may be executed, ac knowledged, and recorded in the same manner as is now provided by law for the execution, ac knowledgment, and recording of grants of real property.

Annulling grant.

Sec. 9. 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 proceedings commenced by the trustee or 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 to the possession, or the rents, issues, and profits thereof, unless such defense is made in a suit, action, or proceeding commenced within two years after such grant shall have been filed for record.

Exemption from execution.

Sec. 10. The property conveyed by such grant shall not, after a lapse of two years from the date of the filing for record of the grant, be subject to forced sale, under execution, or judicial proceedings of any kind, against the grantor or his privies, unless the action under which the execution shall be issued, or the proceedings under which the sale shall be ordered, shall have been within two years after such grant shall have been commenced filed for record. ject to execution or forced sale under any judgNor shall such property be subment obtained in any proceedings instituted within said two years, if there be other property of the grantor, subject to execution or forced sale sufficient to satisfy such judgment; provided, nothing in this section contained shall be construed to affect mechanics' or laborers' liens.

Bequest to state.

Sec. 11. Any person or persons making any such grant may, at any time thereafter, by last will or testament, devise and bequeath to the state of California all or any of the property, real and personal, mentioned in such grant, or in any supplemental grant, and such devise or bequest shall only take effect in case, from any cause whatever, the grant shall be annulled or set aside, or the

trusts therein declared shall for any reason fail. Such devise and bequest is hereby permitted to be made by way of assurance that the wishes of the grantor or grantors shall be carried out, and in the faith that the state, in case it succeeds to the property, or any part thereof, will, to the extent and value of such property, carry out, in respect to the objects and purposes of any such grant, all the wishes and intentions of the grantor or grantors; provided, that no wish, direction, act, or condition expressed, made, or given by any grantor or grantors, under or by virtue of this act, as to religious instruction to be given in such school, college, seminary, mechanical institute, museum, or gallery of art, or in respect to the exercise of religious belief, on the part of any pupil or pupils of such school or institution of learning, shall be binding upon the state; nor shall the state enforce, or permit to be enforced or carried out, any such wish, direction, act, or condition.

Sec. 12. This act shall be in force from and after its passage.

TITLE 76.

EL DORADO COUNTY.

A reference to local acts relating to El Dorado county can be found in Deering's Annotated Penal Code, pp. 485-487.

TITLE 77.

ELECTIONS.

Acts relating to: See Penal Code, Appendix, title, Elections, p. 543; Political Code, Appendix, title, Elections, p. 961.

Gen. Laws-27.

TITLE 78.

EMIGRATION.

An act to promote emigration from the state of California.

[Approved March 26, 1880; 1880, 15 (Ban. ed. 50),] To promote emigration from the state.

Section 1. It shall be unlawful for the owners, officers, agents, or employees of any steamship company, sailing vessel, or railroad company, or firm or corporation, that may be engaged in this state in the transportation of passengers to and from any foreign port, to withhold or refuse any person or persons the right to purchase a passage ticket or tickets to any foreign country for the reason that he or they have not presented a certificate, card, or other document whatsoever showing that such person has paid in full, or in part, any or all dues, debts, or demands, or otherwise, or any sum whatsoever, to any society, company, corporation, association, or individual, or firm; and any person or corporation who shall violate the provisions of this section, or in pursuance of any agreement, oral or written, refuse to sell a passage ticket to any person to any foreign country, shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than one hundred nor more than five hundred dollars; provided, that nothing in this section shall be construed in any manner to apply to any passport or other document required by law to be presented, having the signature or seal of any foreign consul resident within this state.

Sec. 2. This act shall take effect on and after its passage.

TITLE 79.

ESTATES OF DECEASED PERSONS.

Acts relating to: See Code of Civil Procedure, Appendix, title, Estates of Deceased Persons, p.

TITLE 80.

ESTRAYS.

An act relating to estrays, and repealing all other acts and parts of acts now in force relating to estrays.

[Stat. approved March 27, 1897; Stats. 1897, chap. CXxxvii.]

The People of the State of California, represented in Senate and Assembly, do enact as follows: Section 1. Any person finding at any time any estray domestic animal or animals upon his premises or highways adjacent thereto may take up the same, and no person shall remove them from the possession of the taker-up, or from the possession of the officer to whom they may have been delivered, except as hereinafter provided.

Sec. 2. Any person taking up an estray animal or animals, shall confine the same in a secure place, and within five days file with the county recorder of the county in which such estray is found, a notice containing a description of the animal or animals taken up, with the marks and brands, if they have any, together, with the probable value of each animal, and a statement of the place where the taker-up found, and where he has confined the same. The county recorder shall receive for filing said notice the sum of fifty cents. Sec. 3. At any time within thirty days from the date of the filing of the notice specified in section two of this act, any person claiming such estray animal or animals, shall appear before a justice of the peace of the township wherein said animal or animals were found, and make claim for such estray animal or animals. The justice shall enter such claim in his docket, and shall notify the taker-up; and within five days after the making of such claim, the justice shall hear the claim and such evidence as may be produced by either party, and shall determine the case according to the rights of the parties, both with reference to the ownership and possession of the estray animal or