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or banks, to be approved by the governor, controller and treasurer, to secure the state against loss by any depreciation in value that may occur in such bonds held by him as security for the safekeeping and prompt payment of the state moneys in such depositaries.

Treasurer not responsible for deposits.

§ 6. The state treasurer shall not be responsible for any moneys deposited in a bank or in banks under the provisions of this act while the same remain there deposited with the consent of the governor and controller; but the treasurer shall be chargeable with the safekeeping, management and disbursement of the bonds and certificates of deposit deposited with him as security for deposits of state moneys, and with the interest thereon, and the proceeds of any sale under the provisions of this act.

Certificates of deposit. Warrants paid by certificates.

§7. At the time of depositing state moneys in any bank designated as a depositary the treasurer shall take a certificate or certificates of deposits made payable to the treasurer of state in such sum or sums as he shall deem advisable. Such certificate or certificates of deposit in the possession of the treasurer shall be deemed and counted as cash by the state board of examiners. Controller's warrants drawn upon the state treasury may be paid by such certificates of deposit when properly indorsed by the treasurer the same as in cash.

Act of 1905 repealed.

§ 8. The act of March 20, 1905, entitled "An act to authorize the deposit of state moneys in banks in this state, and to repeal all acts or parts of acts in conflict with this act," and all other acts or parts of acts in conflict with this act are hereby expressly repealed.

ACT 4135.

Relating to treasurers, their deputies and clerks, in counties and cities and counties having a population of two hundred thousand inhabitants or over. [Stats. 1893, p. 282.]

Superseded as to San Francisco by the charter of that city. This act appears in full in Political Code, Appendix, tit. "Treasurers," p. 1480.

ACT 4136.

Authorizing the state treasurer to pay controller's warrants drawn for the salaries of public officers who are entitled to monthly payments from the state. [Stats. 1873-74, p. 593.]

Codified by § 461 of Political Code.

ACT 4137.

For the better protection of the state treasury. [Stats. 1867-68, p. 554.]

This act authorized the state treasurer to employ two watchmen. The code commissioners say of it: "Doubtless superseded by § 457, Political Code, but nevertheless amended by statute of 1895, p. 55, c. LIV."

ACT 4138.

To provide an additional watchman for the state treasurer. [Stats. 1895, p. 55.]

"Purports to amend statute of 1868, p. 554, c. CDXXXI, which statute was, however, superseded by Political Code, § 457."-Code Commissioners' Note.

ACT 4139.

Increasing number of deputies for limited period. [Approved March 16, 1889. Stats. 1889, p. 303.]

Repealed March 26, 1895, Stats. 1895, p. 88.

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Preventing persons passing through inclosures and leaving them open, and tearing down fences to make passages through inclosures. [Stats. 1871-72, p. 384.]

See § 7, 1875-76, p. 408; 1877-78, pp. 49, 776.

Superseded by Penal Code, § 602, subd. 8.

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Additional contingent fund for. [Stats. 1877-78, p. 184.] Repealed by subd. 18, § 25, County Government Act, 1897, p. 463. ACT 4150.

Providing for construction and maintenance of free bridges in. [Stats. 1873-74, p. 62.]

ACT 4151.

County clerk of, salary of. [Stats. 1873-74, p. 184.]
Repealed by County Government Acts: See 1897, p. 568, § 210.

ACT 4152.

Authorizing transcribing of records in. [Stats. 1862, p. 161.]
Amended 1863, p. 22.

ACT 4153.

Public schools of, employment of teachers in. [Stats. 1873-74, p. 472.] Amended 1875-76, p. 122. Probably repealed by Political Code, § 1696, amended 1893, p. 255,

ACT 4154.

Supervisors to fix and pay compensation of under-sheriff of. [Stats. 1873-74, p. 593.]

Superseded by County Government Acts: See 1897, p. 568, § 210.

ACT 4155.

Fixing salary of members of board of supervisors. [Stats. 1871-72, p. 380.]

Repealed by County Government Act, 1897, p. 568, § 210.

ACT 4156.

Supervisors to fix rate of tolls to be charged on wagon roads. [Stats. 1873-74, p. 607.]

See County Government Act, 1897, p. 452, § 25, subd. 36.

ACT 4161.

TITLE 531.
TRUSTS.

To provide for the more certain execution of express trusts in case of the death of the last surviving trustee.

Superseded by Civil Code, §§ 2287-2289.

ACT 4162.

[Stats. 1867-68, p. 170.]

An act to encourage and provide for the dissemination of a knowledge of the arts, sciences, and general literature, and the founding, maintaining, and perpetuating public libraries, museums, and galleries of art, and the receipt of donations and contributions thereto when established; for the conveyance, holding, and protection of real property within this state suitable for the purposes herein designated, and the erection thereon of buildings appropriate to such purposes, and for the creation of trusts necessary or proper for the better preservation of such institutions, and the control and management

thereof.

[Approved March 5, 1887. Stats. 1887, p. 26.]

See post, Acts 4163, 4164, 4165.

Manner of conveying gifts for dissemination of knowledge of arts, etc. §1. Any person intending in his lifetime or by will or trust deed, to operate after his death, to found, maintain, and perpetuate in this state a public library, museum, gallery of art, or any or all thereof, for the diffusion of mechanical, scientific, artistic, and general knowledge, may to that end and for such purpose, and for any purpose within the purview of the title of this act, convey in writing by words denoting a gift or grant to one or more trustees named in such gift or grant, and to their successors, any library or collection of books and works, for such public library, or any museum, or gallery of art in this state, and such

gift or grant may also express and shall be construed to be a conveyance of the future additions and accretions thereof; and he may also in like manner, to that end, and for such purpose, convey by grant to such trustee or trustees any real property within this state belonging to him, which may be necessary or proper for the erection and maintenance of buildings suitable to such institution, and the buildings erected thereon, with grounds, conveniently adjacent thereto, and other lands, tenements, and hereditaments for the purpose of producing an income for the sup port and maintenance of such institutions, or any of them, and any collateral burdens which may be imposed by the terms of such foundation as part and parcel of the regulations for its conduct, and also personal property of all descriptions, which may subserve the purposes of the institution and maintenance of any such library, museum, or gallery of

art.

Gifts by other than founder.

§ 2. Any contributions or gifts by any other person than the founder, of any property suitable to the general plan or support of any institution mentioned in the title of this act, shall immediately vest in the trustees, and become incorporated into and subject to the trust, and to all its terms and conditions, and be managed under the rules and regulations prescribed therefor.

§3. The person making such gift, grant, or conveyance, as founder, may therein designate,

1. The name by which the institution so founded and maintained shall be known.

2. Its nature, object, and purposes.

3. The powers and duties of the trustees, which shall not be exclusive of other powers and duties that, in their judgment, may be necessary more effectually to carry out the purposes of such institution.

4. The mode and manner and by whom the successors to the trustees named in the gift or grant shall be appointed.

5. Such rules and regulations for the management of such institution, and the furtherance of its purposes, as the grantor may elect to prescribe; but such rules and regulations shall, unless the grant shall otherwise prescribe, be deemed advisory only, and shall not preclude such trustees or their successors from making such changes as new conditions may, from time to time, require.

6. The place or places where the necessary buildings shall be erected, and the general character thereof. The person making such grant may therein provide for all other things necessary or proper to carry out the purposes thereof, or otherwise, by his last will or testament.

§ 4. The trustees named in such gift or grant, and their successors, may, in the name of such institution designated in the gift or grant, sue and defend in relation to the trust property, and to all matters affecting the institution so founded and established.

1451

TRUSTS.

Privileges granted to founder. § 5. By a provision in such gift or grant, the founder may elect, in respect to the personal and real property conveyed, and the additions and increase thereof, and in respect to the erection, maintenance, and management of any buildings auxiliary thereto, and in respect to any property connected with such institution, to reserve to himself a veto and right of annulment or modification of any act of such trustees, in case he shall, within thirty days after notice of the performance of such act, file in the office of said trustees, or deliver to their president or principal officer, a notice in writing, of such veto, annulment, or modification, and upon a like notice, in conformity with a provision in such gift or grant, he may elect to perform during his life all the powers which, by the terms thereof, are vested in or enjoined upon the trustees therein named, and their successors; provided, that upon the death or disability to act of the founder and grantor, such powers and duties Such person may also reserve the shall be devolved upon, and be exercised by, the trustees named in the gift or grant, and their successors. right to alter, amend, or modify, at any time during his life, or by his last will and testament, the terms and conditions thereof, and the trust therein created in respect to such institution, its buildings, and the property conveyed therefor.

Election of officers and compensation.

§ 6. The founder shall have power in said deed of trust to name and describe the character and personality of any one or more of the im mediate or future trustees, the librarian, and other officers, and to name and impose any particular duty to be performed by any one or more trustees or other officers so described and characterized, and to declare and limit any compensation, and fix the character and method of such compensation he may choose to provide for any such trustee or other officer whom the terms of his foundation may characterize, and upon whom specific or general duties shall be imposed.

Gift, how recorded.

§7. Any such gift or grant may be executed, acknowledged, and recorded in the manner now or hereafter provided by law for the execution, acknowledgment, and recording of grants of real property.

Time of commencing suit.

§ 8. No suit, action, or proceeding shall be commenced or maintained by any person to set aside, annul, or affect said gift, grant or 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 the filing of such grant for record.

Founder may bequeath to state of California.

§ 9. Any person, being the founder, making a gift or grant for any of the purposes mentioned in this act, may, at any time thereafter, by last

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