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To what guardianship shall extend.

Guardian to be allowed his expenses.

respect to other guardians, excepting that the provisions respecting the inventory, the disposal of the estate and effects, and the account to be rendered by the guardian, shall be confined to such estate and such effects as shall come to his hands in this state.

Sec. 46. The guardianship which shall be first lawfully granted, of any person residing without this state, shall extend to all the estate of the ward within the same; and shall exclude the jurisdiction of the Probate Court of every other county.

Sec. 47. Every guardian shall be allowed the amount of his reasonable expenses, incurred in the execution of his trust, and he shall also have such compensation for his services, as the court in which his accounts are settled, shall deem to be just and reasonable.

Sec. 48. The court in its discretion, whenever the same shall appear necessary, may appoint more than one guardian of any person subject to guardianship, who shall give bond, and be governed and liable in all respects as is provided respecting a sole guardian.

Sec. 49. When an account is rendered by two or more joint guardians, the Probate Judge may, in his discretion, allow the same upon the oath of any of them.

More than one guardian of one person may be appointed.

Allowance of accounts of joint guardians.

CHAPTER XXX.

AN ACT to provide for the Incorporation of Colleges. — [Passed

April 20, 1850.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows :

Supreme Court may incorporate colleges.

Application for incorporation of olleges.

Section 1. Any college may be incorporated in this state, according to the provisions of this act, by the Supreme Court of the state, upon application.

Sec. 2. The founders or contributors of any proposed college within this state shall make to the Supreme Court application in writing, under their hands, requesting that College may be incorporated, specifying the first trustees, and the name by which the corporation is to be called. (1)

(1) See Cal. Sup. Court Rep. vol. 1, page 329. Held, that in application for an order to incorporate a college under this act, it is necessary that subscriptions of real estate should define the boundaries or situation of the lands proposed to be given. Query -- Whether the subscription under this act must not be a cash subscription.

declare college

declaration to be recorded.

trustees.

Sec. 3. In case the court shall be satisfied that the proposed Court may college has an endowment of twenty thousand dollars, and that the incorporated. proposed trustees are capable men, then the court shall, by an instrument under its seal, declare the college incorporated, under the provisions of this act, by the name specified in the application; and the application, together with the declaration of the court, shall Application and be recorded in the office of the Secretary of State. Sec. 4. Immediately after recording the same, the property and Property of

college to vest in funds of such college shall be vested in the trustees so nominated, for trustees. the use and benefit of the college.

Sec. 5. The trustees of every such college shall not be more than Number of twenty-four, nor less than twelve in number; and seven trustees of Quorum. any college shall constitute a quorum for the transaction of business. Sec. 6. The trustees of every such college shall be a corporation, Style of

incorporation. known by the name and style of the President and Board of Trustees of

- College; and by that name they and their successors shall be known in law, have perpetual succession, sue, and be sued, in all courts and in all actions whatsoever.

Sec. 7. The trustees shall have power, 1. To elect by ballot, annu- Powers of ally, one of their number as President of the Board : 2. Upon the death, removal out of the state, or other vacancy in the office of any trustee, to elect another in his place : 3. To elect additional trustees, provided the whole number elected shall never exceed twentyfour at any one time: 4. To declare vacant the seat of

any trustee who shall absent himself from eight succeeding meetings of the board: 5. To receive and hold, by purchase, gift, or grant, any real or personal property, provided, that the yearly income of the college shall not exceed its necessary yearly expenses ten thousand dollars : 6. To sell, mortgage, lease, and otherwise use and dispose of such property, in such manner as they shall deem most conducive to the prosperity of the college : 7. To direct and prescribe the course of study and discipline to be observed in the college: 8. To appoint a President of the college, who shall hold his office during good behavior: 9. To appoint such Professors, Tutors, and other officers as they shall deem necessary, who, unless employed under a special contract, shall hold their offices during the pleasure of the trustees : 10. To remove from office the President, and every Professor, Tutor, or other officer employed, upon a complaint in writing, by any member of the Board of Trustees, stating the misbehavior in office, incapacity, immoral conduct of the person or persons sought to be removed, and upon due examination and proof of such complaint: 11. To grant

such literary honors as are usually granted by any university, college, or seminary of learning in the United States, and in testimony thereof, to give suitable diplomas under their seal, and the signature of such officers of the college as they shall deem expedient: 12. To fix the salaries of the President, Professors, and other officers of the college: 13. To make all by-laws and ordinances necessary and proper to carry into effect the preceding powers, and necessary to advance the interests of the college : Provided, that no by-laws or ordinance shall conflict with the constitution or laws of the United States or of this state.

Sec. 8. Every diploma granted by such trustees shall entitle the possessor to all the immunities which, by usage or statute, are allow ed to possessors of similar diplomas, granted by any university, col lege, or seminary of learning in the United States.

Effect of diploma

CHAPTER XXXI.

AN ACT relative to Bonds, Due Bills, and other instruments in writing, and making them Assignable.—[Passed April 20, 1850.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows :

in whose favor

Bonds, bills, etc., Section 1. That all bonds, due bills, and other instruments of not negotiable payable to person writing, not negotiable, hereafter made by any person, body politic they are made. or corporate, whereby such person promises or agrees to pay any

sum or sums of money, or articles of personal property, or any sum of
money in personal property, or acknowledges any sum of money, or
articles in personal property, to be due to any

other
person,

shall be taken to be due and payable, and the sum of money or articles of personal property therein mentioned, shall, by virtue thereof, be due and payable to the person to whom the said bond, bill, or other in

strument in writing is made. Such bonds, Sec. 2. Any such bond, due bill, note, or other instrument in · bills, etc., may be assigned by writing, not negotiable, made payable to any person, shall be assign

able by endorsement thereon under the hand of such person and his assignee, in the same manner as bills of exchange are, so as absolutely to transfer and vest the property thereof in each and every

assignee successively. Assignee may

Sec. 3. Any assignee to whom such sum of money, or personal

endorsement.

action thereon.

property, is by such endorsement made payable, or in case of the maintain an death of such assignee, his heirs, executors, or administrators, may in his own name institute and maintain the same kind of action for the recovery thereof, against the person who made and executed any such note, bond, bill, or other instrument in writing, or against his heirs, executors, or administrators, as might have been maintained against him, by the obligee or payee, in case the same had not been assigned; and in every such action, in which judgment shall be given for the plaintiff, he shall recover his damages and costs of suit, as in other cases: Provided, that the maker or obligor shall be allowed to Proviso. set up in defence to the action of the assignce, any matter which he might have set up to the action of the payee, or obligee, when the same has arisen previous to notice of the assignment, but not otherwise. Sec. 4. Every assignor, his heirs, executors, or administrators, of

Assignor liable every such note, bond, bill, or other instrument in writing, shall be buus ete.bonds, liable to the action of the assignee thereof, his executors or administrators, if such assignee shall have used due diligence by the institution and prosecution of a suit against the maker of such note, bond, bill, or other instrument in writing, or against his heirs, executors, or administrators, for the recovery of the money or property due thereon, or damages in lieu thereof: Provided, that if the institution Proviso. of such suit would have been unavailing, or that the maker had absconded, or left the state, where such assigned note, bond, bill, or other instrument in writing, became due, or within twenty days thereafter, such assignee, his executors or administrators, may recover against the assignee, or his heirs, executors, or administrators, as if due diligence by suit had been used. By “due diligence” shall be

Due diligence. understood the institution of suit within sixty days after the maturity of the obligation.

Sec. 5. In any action which may hereafter be commenced in any want of considercourt in this state, upon any of the instruments in writing mentioned of consideration, in this act, by the obligee or payee thereof, of any of such instruments may be set up in made or entered into without a good and valuable consideration, or if the consideration upon which any of such instruments were made or entered into, has wholly or in part failed, it shall be lawful for the defendant, against whom such action shall have been commenced by such obligee or payee, to plead such want of consideration; or that the consideration has wholly or in part failed; and if it shall appear that any of the aforesaid instruments were made or entered into with

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Fraud in obtain. ing bill may be

Instruments for delivery of per

Proviso.

out a good or valuable consideration, or that the consideration has
wholly failed, the verdict shall be for the defendant; and if it shall
appear that the consideration has failed in part, the plaintiff shall
recover according to the equity of the case.

Sec. 6. If any fraud or circumvention be used in obtaining the pleaded in bar. making or executing of any of the instruments aforesaid, such fraud

or circumvention may be pleaded in bar, in any action to be brought
on any such instrument so obtained, whether such action be brought
by the party committing such fraud or circumvention, or any assignee
of such instrument.

Sec. 7. In all cases where any of the before mentioned instruments become prishetys of writing are for the payment or delivery of personal property, other

than money, and no particular place be specified in such instrument
of writing, for the payment or delivery thereof, it shall be lawful for
the maker of any such instrument of writing to tender, or cause to be
tendered, on the day mentioned in any such instrument, the personal
property therein mentioned, at the place where the obligee or payee
of such instrument resided at the time of the execution thereof : Pro-
vided, however, if such property be too ponderous to be easily moved,
or if the obligee or payee of such instrument had not, at the time of
the execution of such instrument of writing, a known place of resi-
dence in the county where the maker resided, then it shall be lawful

to tender such personal property at the place where the maker of such Tender after instrument resided at the time of the execution thereof. Any tender assignment.

made in pursuance of this section, shall be equally valid and legal,
in case any such instrument of writing shall have been assigned in
pursuance of the first section of this act, as if no such assignment had
been made.

Sec. 8. A legal tender of any such personal property, shall discharge discharge maker. the maker of any such instrument from all liability thereon ; and the

property thus tendered is hereby declared to be vested in and belong
to the legal holder and owner of any such instrument of writing, and
he may maintain an action for the recovery thereof, or for damages,

if
the possession be subsequently illegally withheld from him : Provided,
however, if any such property so tendered, shall be of a perishable
nature, or shall require feeding, or other sustentation, and the person
owning or holding any such instruments of writing, be absent at the
time of tendering the same, it shall be lawful for every person making
such tender to preserve, feed, or otherwise take care of the same; and
he shall have a lien on such tendered property, for his reasonable
trouble and expense of preserving, feeding, or sustaining such prop-
erty, until payment be made for such trouble and expense.

Legal tender to

Proviso.

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