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They shall provide for an annual fair or exhibition by the association of all the industries and industrial products in the district, at such time and place as they deem advisable; provided, that the state shall, in no event, be liable for any premium offered or award made, or for any debt contracted by any district board of agriculture, or agricultural association; and provided further, that nothing in this section shall be so construed as in any way to affect or modify any of the provisions of section eleven.

Sec. 9. When any district board of agriculture shall have been classified and organized as herein provided, the secretary of the board shall report such classification and organization to the state board of agriculture. He shall also report the same to the governor, and shall report any vacaney that may occur in the board to the governor, who shall fill the same, by appointment, for the unexpired term. It shall be the duty of each district association formed under this act, to report to the state board of agriculture, on or before January first of each year, a detailed financial statement, together with a complete statistical review of the agricultural resources of each county in the district, for the year ending December thirty-first. Said review to contain the acreage and yield of all agricultural productions for the year previous, and such other data as may be asked for by the state board of agriculture in the furtherance of its duties.

Sec. 10. Whenever any such association shall desire to sell any portion of its real estate not needed for the permanent use of the association, for the purposes specified in section three, and such real estate be held by such association under a deed or deeds of trust conveying the said lands in trust, to be held in perpetuity as a place for holding agricultural exhibitions or fairs, or for other permanent purposes of such association, it shall be lawful for such association to file its complaint in the superior court of the county in which such lands are situated, setting forth the nature of the title under which they are held, and that it is the desire of the said association to sell and dispose of such real estate, and praying for judgment authorizing it to sell and convey the same. In such action the trustee or trustees in such deed or deeds, or the survivor or survivors of them, or the heirs, or administrators, or executors of deceased trustees, as the case may require, shall be made parties defendant; and upon service of the

Gen. Laws-2

summons upon such defendants, personally or by publication, or upon their appearance, the court shall have full jurisdiction in the premises, and the deed executed under and in pursuance of the judgment of the court shall be valid and effectual to convey to the purchaser the title of said association, and that of all of its predecessors in title made parties to the suit.

Sec. 11. Every such association organized and existing under the laws of the state, and which has heretofore issued certificates of the capital stock of such association, and which certificates last mentioned have been accepted by the members of such association in lieu of certificates of membership therein, may elect to have a capital stock, and may issue certificates of stock therefor, in the same manner and with like effect as corporations formed under the provisions of chapter one, article one, of the Civil Code, relating to the formation of corporations. In order to effect such change, a meeting of the holders of such alleged certificates of capital stock may be called, at which the holders of such alleged stock shall be entitled to one vote for each share of such stock appearing in their names, respectively, upon the books of such association. Upon the receipt of a written application, signed by the holders of one-fourth of the shares of such alleged capital stock of such association, requesting him so to do, the secretary of such association shall give notice of the time and place of holding such meeting, by publication in some newspaper printed and published in such county, or city and county, in which the principal place of business of such association is located, at least once a week for three successive weeks next prior to the holding thereof. Such notice shall state that the object of the meeting is, (1) to determine whether such corporation elects to have a capital stock as provided by this act; (2) the amount of such captial stock, and (3) the number of shares into which the same shall be divided. At such meeting, should the holders of a majority of the shares of such alleged capital stock vote in favor of having a capital stock, and fix the amount thereof, and the number of shares into which it shall be divided, then such corporation shall issue certificates of capital stock to the amount fixed at such meeting, divided into the number of shares provided by said meeting, to the holders of such alleged capital stock, in the same proportion as such alleged stock appears in the names of such holders, respectively, upon the books of such association. A copy of the notice

calling such meeting, the affidavit of publication thereof, the proceedings of such meeting, the amount of capital stock voted, number of shares into which the capital stock was divided, and to whom assigned, duly certified by the chairman of such meeting, and the secretary of such association, under the seal thereof, must be filed with the secretary of state and the clerk of the county where such association has its principal place of business. Thereafter such association shall be possessed of all rights and powers, and shall be subject to all the obligations and restrictions, as if it had been originally created a corporation with a capital stock, including the right to elect a board of directors authorized to exercise such control of all the property of such association, as provided in chapters one, two, three, and four of the Civil Code, relating to corporations; provided, such association shall have no authority to sell any portion of the real estate owned and held by it, by whatever title derived, which may be necessary for the permanent use of such association, for the purposes aforesaid; and provided further, that in the event that such association, after the issuance of a captial stock as aforesaid, shall be offered aid at any time from the state by appropriation, for the purpose of holding an annual district fair, and such association, by a vote of the board of directors, elected as hereinafter provided, adopts a resolution accepting such appropriation, then and in that event said annual fair shall be held under the control and management of the district board of agriculture of such district; but said district board of agriculture shall have no other authority, control, or management of or over the property of such association, and the authority which it may exercise over said property shall continue only during the time occupied in holding the said district fair, which time shall not extend over more than one week annually.

When any corporation has elected to issue capital stock under this act, the president thereof shall, within ten days after filing with the secretary of state of the certificate herein before provided, call a meeting of the stockholders of such corporation, for the purpose of electing a board of directors of such corporation, which board of directors shall hold their office until their successors are elected and qualified, and thereafter a board of directors of such corporation shall be elected annually, on the day of the month upon which the election of said first board of directors elected as aforesaid is held, unless a different day for hold

ing such election is fixed by the board of directors of such corporation, by its by-laws, properly adopted.

Sec. 12. All acts or parts of acts in conflict with this act are hereby repealed.

Sec. 13. This act shall take effect from and after its passage.

Other acts:

АСТ 69.

To form agricultural districts, etc. [Stats. 1880, p. 62.]

Amended 1883, 30; 1885, 39, 126; 1887, 80; 1889, 78; and partly, if not wholly, repealed by 1891, 138; 1895, 14.

АСТ 70.

To form agricultural districts, and provide for the management and control of the same. [Stats. 1891, p. 138.] Amended 1893, 282; 1895, 14, 100.

АСТ 71.

For the encouragement of agricultural and other industries. [Stats. 1871-2, p. 442.]

Probably repealed by statute of 1880, p. 49, chap. LX, and p. 62, chap. LXIX.

ACT 72.

Encouragement of agriculture. [Stats. 1877-8, p. 332.]

Superseded by 1880, 49, 62; 1897, 304.

This act authorized appropriations for certain societies.

ACT 73.

For the better protection of fruit trees and vines. [Stats. 1880, p. 36.]

Superseded 1897, 241.

Cal. Rep. Cit. 60, 152.

АСТ 74.

An act to prevent the propagation by the production of seed, of that certain plant known as Sorghum halepense, otherwise known as Johnson grass.

[Approved March 20, 1903. Stats. 1903, 337.]

The people of the state of California, represented in senate and assembly, do enact as follows:

Section 1. It shall be unlawful for any person owning, controlling, leasing, or possessing land in the state of California, to knowingly permit that certain grass known as Sorghum halepense, otherwise known as Johnson grass, to mature and disseminate its seed, on land so owned, leased, or possessed by such person.

Sec. 2. It shall be unlawful for any person knowingly

to sow or disseminate or cause to be sown or disseminated any seed of Sorghum halepense, otherwise known as Johnson grass, upon any land owned or possessed by another.

as

Sec. 3. It shall be unlawful for any person to knowingly to sow or disseminate or cause to be sown or disseminated any seed or Sorghum halepense, otherwise known Johnson grass, over or along any roadway, highway, or right of way for ditch purposes, adjacent to premises owned or possessed by him.

Sec. 4. Any person upon being duly convicted of a violation of any of the preceding sections of this act, shall be deemed guilty of a misdemeanor, and may be fined in a sum not exceeding one hundred dollars, or by imprisonment in the county jail, for a term not exceeding three months.

Sec. 5. This act shall take effect immediately from and after its passage.

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Opening streets in. [Stats. 1875-6, p. 424.]

Repealed 1877-8, 964.

ACT 80.

Streets in. [Stats. 1873-4, p. 795.]

This act related to Park Street, Santa Clara Avenue, Railroad Avenue, Buena Vista Avenue, and Third Avenue.

ACT 81.

In relation to ecrtain streets in.

[Stats. 1877-8, p. 964.]

This act related to the following streets: Santa Clara Avenue, Railroad Avenue, Versailles Avenue, Pearl Street, Broadway, Clinton Avenue, Bay Avenue, and San Jose Avenue.

Cal Rep. cit. 70, 86.

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