Notice of open posting up such notice in at least three of the most public places in such county, of the time and place such book shall be opened to receive the names of volunteers. ing books to be given. When sufficient number volun to be called. § 2. As soon as such book shall be opened for volunteers, and the number in this Act required, teered, meeting subject to military duty, shall have volunteered, the person so appointed shall fix a time and place for the meeting of the same, by giving at least ten days' notice thereof, by publication in some newspaper, or by posting up written notices in at least three of the most public places in such county; and it shall be his duty to attend at such meeting, and present the book aforesaid, containing the names of the volunteers. Meeting to be organized, and notice given of electing officers. Commissioned and non-commis be elected. § 3. It shall be the duty of the person so appointed, to attend and act as chairman of such meeting, and to organize the same. He shall call the name of each volunteer written in said book, and when all the members of said company are present, he shall give notice, by proclamation, that said company will forthwith proceed to an election of officers. § 4. The members of the company so volunteering, shall then proceed to the choice of their sioned officers to commissioned and non-commissioned officers, and it shall be the duty of the person so appointed to take in writing the names of all persons nominated for election, and in connexion with any other two or more persons determined on by a majority of said company, to receive, and after all the members of the company present have voted, to carefully count and add up the votes cast, and make proclamation Election to be by of the names and rank of the persons elected. In the choice of officers, the election shall be by ballot. § 5. Commanding officers of companies may appoint the musicians for their respective companies, under the provisions of this Act. Musicians to be appointed, Certificate of election to be In de cut and delivered to officers. § 6. It shall be the duty of the person so appointed, after such election shall have been determined, to make out in writing and sign a certificate of election of each of the officers so elected, which certificate he shall deliver to the respective officers of the company. He shall also, within the next ten Return to adju- days, make out a return, stating the time of the formation and organization of such company, its name and numerical strength of rank and file, and the names of its commissioned and non-commissioned officers, and forth with forward the same to the Adjutant General of this State. tant general of state. How companies to be armed and what to consist. § 7. The volunteer or independent companies shall be armed and equipped in the same manner that equipped, and of similar corps are in the army of the United States, and shall consist of the following officers, noncommissioned officers, musicians, and privates, to wit: To each company of cavalry there shall be one captain, one first and two second lieutenants, four sergeants, four corporals, one saddler, one farrier, one trumpeter, and not less than forty nor more than eighty privates. To all other volunteer or independent companies there shall be one captain, one first and two second lieutenants, four sergeants, four corporals, one drummer, one fifer, and not less than fifty nor more than one hundred privates. Companies may adopt constitutious and bylaws. Record of constitution, by-laws, § 8. Every volunteer or independent company may adopt a constitution and form by-laws, rules, and regulations, not inconsistent with the Constitution of the United States, or of this State, for the government and improvement of its members in military science, and when approved by two thirds of all the members belonging to any such company, shall be binding, but may be altered from time to time, as may become necessary. § 9. It shall be the duty of the acting orderly sergeant of the company, to keep a perfect and &c., to be kept. complete record of the constitution, by-laws, rules, and regulations of said company, which shall be signed by the captain of the company, and countersigned by the acting orderly sergeant, and said record shall at all times be subject to the inspection of any member of the company, and all military officers, and any person interested therein. Constitution may fix fines, &c. Recovery of fines. § 10. Said constitution, by-laws, rules, and regulations may fix the fines and penalties which shall be imposed on any member of the company for an infraction of any of the provisions thereof, and may also fix the fines which shall be imposed on any member for a failure to parade at any muster which may be called, in accordance with the coustitution, by laws, rules, and regulations of the company. § 11. When any member of the company shall have been guilty of a violation of the provisions of the constitution, by-laws, rules, and regulations of the company, and a fine shall have been assessed upon him in accordance therewith, it shall be the duty of the acting orderly sergeant of the company, or in case he is interested, then of the next sergeant of the company, to demand of such member such fine, and in case of his refusal to pay the same, it shall be lawful to bring a suit therefor, in the name of the company, before any Justice of the Peace of the County, subject to an appeal to the District Court, as in other cases: Provided, however, that when such suit shall be brought, security for cost shall be given, by some responsible person or persons, in case such suit shall be determined against said company. § 12. It shall be sufficient evidence, that the constitution, by-laws, rules, and regulations have been regularly adopted, if they are signed by the actual captain, and countersigned by the acting orderly sergeant of the company, and any member of the company may be a witness, unless otherwise disqualified, in all cases brought under the provisions of this Act. Evidence of stitution, &c. Member of com adoption of con pany may be witness. fines, &c. Commanding officer my peti tion for arms. § 13. All fines collected shall be received by the acting orderly sergeant, or acting captain of the Application of company, and shall be used for the benefit, and under the direction of the company. §14. That from and after the passage of this Act, when any volunteer or independent company of artillery, cavalry, infantry, or riflemen, shall become organized and uniformed, according to law, the captain, or commanding officer, may petition the commander-in-chief to furnish him for the use of his company, with such a number of muskets, rifles, sabres, pistols, or other arms, with their accoutrements, or if an artillery company, cannon or field pieces, and swords, with their necessary accoutrements and equipments, as his company may require, and set forth in said petition the brigade and county to which his company belongs, the number it contains, and specific number and description of the arms and accoutrements requisite for it, which shall not be greater than the rank and file his company shall contain: which petition shall be accompanied by a bond, payable to the Governor and his successors in office, for the use of the People of the State of California, in a penal sum of double the amount of the value of all the arms and accoutrements so petitioned for, according to the prices at which they are rated by the United States, when furnishing them, and signed by himself as principal, with good and sufficient sureties, conditioned to safely keep, and have in readiness for use, the arms and accoutrements by him received, and to return them in good order, if at any time required so to do, which bond must be approved, as to the sufficiency of the security, by the Judge of the County Court of the County where such company is formed; and his certificate thereof, together with the bond, shall be filed in the office of the Secretary of State. any Petition to be accompanied by a bond. Arms-when and how to be § 15. The commander-in-chief, upon application being made to him as aforesaid, shall, if there be arms and accoutrements belonging to the State, furnish such officer so making application with an order furnished. upon the quartermaster general for the same: and it shall be the duty of the quartermaster general to have them directed and forwarded to the officer so petitioning, at the place specified by him, and the officer so applying, shall, upon their being delivered at such place, consider them in his care, and from that time become responsible for the same upon the conditions of his bond, and shall provide a place for the safe keeping thereof, and said company shall be permitted to use the same, upon all occasions, whenever they may be called together for duty of any kind. § 16. Whenever the number of members of any volunteer or independent company shall be reduced by death, withdrawal, expulsion, or otherwise, to a less number than that prescribed by this Act for such company, it shall be the duty of the commanding officer of such company to make a return to the Adjutant General of this State, setting forth the fact, and to provide forthwith, by proclamation, or notice published in one or more newspapers, or posted up in at least three of the most public places of the county, for filling such vacancies. § 17. It shall be the duty of the commanding officer of any volunteer or independent company, to make out, within ten days after the complete organization of such company, triplicate muster rolls, setting forth the number and names of the members of his company, the officers in the order of their rank, the privates in alphabetical order, and the rank, place of residence, and date of joining the company, of each member. It shall be his duty also, thereafter, to make out like muster rolls, semi-annually, on Vacancies in supplied. company-how Muster rells to be made, and what to contain. Compensation for making out muster rolls. Commissioned officer-how commissioned. Penalty for nonattendance in cases of invasion. Volunteer companies-how uniformed. Companies to assemble for company shall the first days of April and October, with the addition, if any, of all alterations which shall have occurred § 18. Such commanding officer shall receive a compensation of twenty dollars for each muster roll so § 20. All officers or members of volunteer or independent companies, when summoned or commanded, in accordance with the provisions of law, in case of invasion, or for the suppression of rebellion, riots, insurrection, or resistance to the execution of law, shall render prompt assistance and full obedience to the officer so summoning or commanding them, under the penalty, in case of neglect or refusal to comply with such summons or command, if an officer, of the forfeiture of his commission, and a fine of not less than five hundred dollars, or, if a private, of expulsion from his company, and a fine of not less than two hundred dollars; said fines to be recovered in any court of competent jurisdiction in the State. § 21. Volunteer or independent companies, formed under the provisions of this Act, shall be uniformed as companies or corps of the same arm of the service are required to be, by the regulations of the United States Army, or as each of such companies or corps may respectively determine upon for itself. § 22. It shall be the duty of volunteer or independent companies to assemble for the purpose of muster and drill muster, drill, and inspection, on at least four days in each year, and as much oftener as a majority of all the members of any such company may direct. four times a year. Discipline and exercise to conform to that of United States army. Officers to take rank by date of commission. Officers to rank higher than unenrolled militia. Companies heretofore formed. Limited partnerships may be formed. § 23. Volunteer or independent companies shall conform their system of discipline and exercise to that of the army of the United States, as it is now, or shall hereafter be, prescribed by the Congress of the United States. § 24. All officers of volunteer or independent companies shall take rank according to the date of their commissions, and when two of the same grade bear an equal date, then their rank shall be determined by lot, to be drawn by them before any three commissioned officers present; and officers of volunteer or independent companies shall in all cases be deemed of superior rank to officers of the enrolled militia of the same grade, irrespective of the date of commission. 25. It shall be the duty of the commanding officer of any volunteer or independent company heretofore formed and organized in this State, to comply forthwith with the requirements of the seventeenth section of this Act, and on such compliance, such company shall be considered as formed under this Act, and shall be subject to its provisions: Provided, that nothing in the constitution, by-laws, rules, and regulations of such company, shall conflict with the Constitution and laws of the United States or of this State. Chap. 55. AN ACT to authorize the formation of Limited Partnerships. Passed April 4, 1850. The People of the State of California, represented in Senate and Assembly, do enact as follows: § 1. Limited partnerships for the transaction of mercantile, mechanical, mining, or manufacturing business within this State, may be formed by two or more persons, upon the terms, and subject to the conditions and liabilities prescribed in this Act; but nothing contained in this Act shall authorize such Not to apply to partnerships for the purpose of banking or insurance. § 2. The said partnerships may consist of one or more persons, who shall be called general partners, and shall be jointly and severally responsible as general partners are by law; and of two or more persons who shall contribute to the common stock a specific sum in actual cash payment, as capital, and who shall be called special partners, and shall not be personally liable for any debts of the partnership, except in the cases hereinafter mentioned. § 3. The persons forming such partnerships shall make and severally sign a certificate, which shall contain the name or firm under which said partnership is to be conducted, the names and respective places of residence of all the general and special partners, distinguishing who are general and who are special partners, the amount of capital which each special partner has contributed to the common stock, the general nature of the business to be transacted, and the time when the partnership is to commence, and when it is to terminate. banking or insur ance. Such partnerof general and ships to consist special partners. Persons forming such partnercertificate, in ships to sign a form prescribed. acknowledged § 4. No such partnership shall be deemed to have been formed, until a certificate, made as aforesaid, Certificate to be shall be acknowledged by all the partners, before some officer authorized to take acknowledgment of and filed. deeds, and recorded in the office of the Recorder of the County in which the principal place of business of the partnership is situated, in a book to be kept for that purpose, open to public inspection; and if the partnership shall have places of business situated in different Counties, a copy of the certificate, certified by the Recorder in whose office it shall be recorded, shall be filed and recorded in like manner in certificate. in the office of the Recorder in every such County. If any false statement shall be made in any such False statement certificate, all the persons interested in the partnership shall be liable as general partners for all the engagements thereof. to be advertised. § 5. The partners shall, for three successive weeks immediately after such registry, publish a copy Copy certificate of the certificate above mentioned, in a newspaper printed in the County where their principal place of business is situated, and if no such paper be there printed, then in a newspaper in the State nearest thereto; and in case such publication be not so made, the partnership shall be deemed general. partnerships. § 6. Upon every renewal or continuation of a limited partnership, beyond the time originally agreed Renewal of such upon for its duration, a certificate thereof shall be made, acknowledged, recorded, and published, in like manner as is provided in this Act for the original formation of limited partnerships; and every such partnership which shall not be renewed in conformity with the provisions of this section, shall be deemed a general partnership. § 7. The business of the partnership shall be conducted under a firm, in which the names of the Style of firm. general partners only shall be inserted, and the general partners only shall transact the business. If the name of any special partner shall be used in such firm, with his consent or privity, or if he shall personally make any contract respecting the concerns of the partnership, with any person except the general partners, he shall be deemed and treated as a general partner. withdrawn. § 8. During the continuance of any partnership under the provisions of this Act, no part of the Capital not to be capital stock thereof shall be withdrawn, nor any division of interests or profits be made so as to reduce such capital stock below the sum stated in the certificate before mentioned. If at any time during the continuance, or at the termination of the partnership, the property or assets shall not be sufficient to Liability of special partners. pay the partnership debts, the special partners shall severally be held responsible for all sums by them in any way received, withdrawn, or divided, with interest thereon, from the time when they were so withdrawn respectively. § 9. No general assignment by said partnership, in case of insolvency, or where their goods and estate are insufficient for the payment of all their debts, shall be valid, unless it provide for a distribution of the partnership property among all the creditors, in proportion to the amount of their several claims. Assignment for creditors. benefit of § 10. In case of an assignment, as provided for in the preceding section, the assent of the creditors Notice of assignshall be presumed, unless, within sixty days after notice thereof, they shall dissent; and no such ment to be given. Suits-how prosecuted. Partnership how dissolved. Cases not provided for. assignment shall be valid, unless notice thereof shall be given in some newspaper printed in the county where the place of business of the party making it is situated; or if no newspaper be printed in such county, then in some newspaper printed in this State nearest thereto, within fourteen days after the making such assignment. § 11. All suits respecting the business of such partnership shall be prosecuted by and against the general partners only, except in those cases in which provision is made in this Act, that the special partners shall be deemed general partners, and that special partnerships shall be deemed general partnerships, in which cases all the partners deemed general partners may join or be joined in such suits, and excepting also those cases where special partners shall be held severally responsible on account of any sum by them received or withdrawn from the common stock, as before provided. § 12. No dissolution of a limited partnership shall take place, except by operation of law, before the time specified in the certificate before mentioned, unless a notice of such dissolution shall be recorded in the Recorder's office in which the original certificate, or the certificate of renewal or continuation of the partnership, was recorded, and unless such notice shall also be published for three successive weeks in some newspaper printed in the county where the certificates of the formation of such partnerships were published, according to the provisions of this Act; and if no newspaper shall, at the time of such dissolution, be printed in such county, then the notice of such dissolution shall be published in some newspaper in this State nearest thereto. § 13. In all other cases not otherwise provided for in this Act, the members of limited partnerships shall be subject to all the liabilities, and entitled to all the rights of general partners. Chap. 56. AN ACT to incorporate the City of Sonoma. Passed April 4, 1850. 1 City incorporated. Boundaries. City council. No recorder. Election of officers. Rights of corporation. Treasurer to pay over money. Ayuntamiento to govern until, &c. The People of the State of California, represented in Senate and Assembly, do enact as follows: § 1. The Town of Sonoma, in the County of Sonoma, is hereby declared to be incorporated, according to the provisions of an "Act to provide for the Incorporation of Cities," approved March the eighteenth, one thousand eight hundred and fifty. § 2. The boundaries of the City shall include only the town of Sonoma, as surveyed and laid out by Jasper O. Farrell, according to the original grant. § 3. The Council for the government of the city of Sonoma shall consist of five members. § 4. There shall be no Recorder of the city of Sonoma, but the Mayor shall have all the powers and perform all the duties of Recorder. § 5. The first election of city officers under the charter shall be held on the second Monday of May, eighteen hundred and fifty. § 6. The Corporation created by this Act shall succeed to all the rights, claims, and powers of the town of Sonoma in regard to property. § 7. The Treasurer of the town of Sonoma shall pay over to the Treasurer of the city of Sonoma all money in the treasury of said town, whenever the Council of the city of Sonoma shall so direct. § 8. The Ayuntamiento of the town of Sonoma shall continue to govern said town until notified by the Mayor of the city of Sonoma of the qualification of the Council created by this charter, and when so notified, the Ayuntamiento shall deliver to the Council all books and papers belonging to said town. |