upon its voluntary application for that purpose. [Amendment in effect March 16, 1880.] 81 Cal. 386; 84 Cal. 365. § 1228. The application must be in writing, and must set forth: 1. That at a meeting of the stockholders or members called for that purpose, the dissolution of the corporation was resolved upon by a two-thirds vote of all the stockholders or members. 2. That all claims and demands against the corporation have been satisfied and discharged. § 1229. The application must be signed by a majority of the board of trustees, directors, or other officers having the management of the affairs of the corporation, and must be verified in the same manner as a complaint in a civil action. 47 Cal. 133. § 1230. If the court is satisfied that the application is in conformity with this title, the judge thereof must order it to be filed with the clerk, and that the clerk give not less than thirty nor more than fifty days' notice of the application, by publication in some newspaper published in the county; and if there are none such, then by advertisements posted up in three of the principal public places in the county. [Amendment in effect April 16, 1880.] § 1231. At any time before the expiration of the time of publication, any person may file his objections to the application. § 1232. After the time of publication has expired, the court may, upon five days' notice to the persons who have filed objections, or without further notice, if no objections have been filed, proceed to hear and determine the application, and if all the statements therein made are shown to be true, must declare the corporation dissolved. [Amendment in effect February 25, 1878.] § 1233. The application, notices and proof of publication, objections (if any there be), and declaration of dissolution, constitute the judgment roll; and from the judgment an appeal may be taken, as from other judgments of the Superior Courts. [Amendment in effect April 16, 1880.] 81 Cal. 386; 84 Cal. 365. 1234. If the applicant be a savings and loan association, or engaged in the business of receiving money on deposit, and there be any unclaimed deposit or dividend in its hands belonging to a person whose whereabouts are unknown to the trustees, directors, or other officers presenting the application, the application shall set forth the name of the person making such deposit or entitled to such dividend, the time when such deposit was made or dividend declared, the residence, if known, of such person at the time of such deposit, the amount of such deposit or dividend, and the fact that the whereabouts of such person are known. The same facts shall be stated in the notice of the application given by the clerk. If, at any time before the expiration of the time of publication, any person shall file a claim to such deposit or dividend, the court shall, at the hearing and upon five days' notice to him, hear and determine his claim, and, if such claim be established, order such money to be paid to him. All such deposits or dividends not so claimed, or as to which no claim shall be established, shall, upon order of the court, be paid into the State Treasury, accompanied with a copy of the order, which shall set forth the facts hereinbefore required to be stated concerning such deposits or dividends; and, upon production of the Treasurer's receipt for such payment, the court may proceed to declare the corporation dissolved as in other cases. All unclaimed deposits and dividends so paid into the State Treasury shall be received, invested, accounted for, and paid out, in the same manner and by the same officers as is provided by law in the case of escheated estates and in section twelve hundred and seventy-two of this code. [New section, approved February 25, 1897; in effect in sixty days.] 1276. Application for change of name, how made. 1278. Hearing of application and remonstrance. § 1275. Applications for change of names must be heard and determined by the Superior Courts. [Amendment in effect April 23, 1880.] § 1276. All applications for change of names must be made to the Superior Court of the county where the person whose name is proposed to be changed resides, by petition, signed by such person; and if such person is under twenty-one years of age, if a male, and under the age of eighteen years, if a female, by one of the parents, if living, or if both be dead, then by the guardian; and if there be no guardian, then by some near relative or friend. The petition must specify the place of birth and residence of such person, his or her present name, the name proposed, and the reason for such change of name; and must, if the father of such person be not living, name, as far as known to the petitioner, the near relatives of such person, and their place of residence. Any religious, benevolent, literary, scientific, or other corporation, or any corporation bearing or having for its name, or using or being known by the name of, any benevolent or charitable order or society, may, by petition, apply to the Superior Court of the county in which its articles of incorporation were originally filed, or in which the property of such incorporation is situated, for a change of its corporate name. Such petition must be signed by a majority of the directors or trustees of the corporation, and must specify the date of the formation of the corporation, its present name, the name proposed, and the reason for such change of name. Upon filing such petition on behalf of such corporation, the same proceedings shall be had as upon applications for changes of names of natural persons, and no banking corporation hereafter organized shall adopt or use the name of any friendly association. [Amendment in effect March 12, 1885.] § 1277. A copy of such petition must be published for four successive weeks, in some newspaper printed in the county, if a newspaper be printed therein, but if no newspaper be printed in the county, a copy of such petition must be posted at three of the most public places in the county for a like period, and proof must be made of such publication before the petition can be considered. 123 Cal. 526. $1278. Such application must be heard at such time as the court may appoint, and objections may be filed by any person who can, in such objections, show to the court good reason against such change of name. On the hearing, the court may examine on oath any of the petitioners, remonstrants, or other persons, touching the application, and may make an order changing the name, or dismissing the application, as to the court may seem right and proper. [Amendment in effect April 23, 1880.] § 1279. Each County Clerk shall, annually, in the month of January, make a return to the office of the Secretary of State of all changes of names made in the Superior Court of his county under this title. Such return shall show the date of the decree of the court, original name, name decreed, and residence. Such returns shall be published in a tabular form with the statutes first published thereafter. [Amendment in effect April 23, 1880.] [See, also, Section 300a of the Civil Code.] TITLE XI. CHAPTER III. ARTICLE I. SEC. 1348. Corporations as executors. § 1348. Corporations, authorized by their articles of incorporation to act as executor, administrator, guardian of estates, assignee, receiver, depository, or trustee, and having a paid-up capital of not less than two hundred and fifty thousand dollars, of which one hundred thousand dollars shall have been actually paid in in cash, may be appointed to act in such capacity in like manner as individuals. In all cases in which it is required that an executor, administrator, guardian, assignee, receiver, depository, or trustee, shall qualify by taking and subscribing an oath, or in which an affidavit is required, it shall be a sufficient qualification by such corporation, if such oath shall be taken and subscribed, or such affidavit made, by the president or secretary or manager thereof; and such officer shall be liable for the failure of such corporation to perform any of the duties required by law to be performed by individuals acting in like capacity and subject to like penalties; and such corporation shall be liable for such failure to the full amount of its capital stock and upon the bond required upon its assuming the trusts provided for herein. [New section, in effect March 5, 1887.] PENAL CODE. PART I. TITLE XIII. Chapter VI. Embezzlement. SEC. 504. When officer, etc., guilty of embezzlement. § 504. * * * And every officer, director, trustee, clerk, serv ant, or agent of any association, society, or corporation (public or private), who fraudulently appropriates to any use or purpose not in the due and lawful execution of his trust, any property which he has in his possession or under his control by virtue of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, is guilty of embezzlement. [Amendment in effect April 6, 1880.] 66 Cal. 274; 69 Cal. 237; 82 Cal. 586; 106 Cal. 312; 108 Cal. 541; 124 Cal. 453; 134 Cal. 303; 136 Cal. 451. Chapter XIII. Fraudulent Insolvencies of Corporations and Other Frauds in their Management. SEC. 557. Frauds in subscription for stock of corporations. 558. Frauds in organization or increasing capital. 559. Unauthorized use of names in prospectus. 560. Misconduct of directors of stock corporations. 562. Receiving deposits in insolvent banks. 563. Frauds in keeping accounts in books of corporations. 564. Officer of corporation publishing false reports. 565. Officer must permit inspection of books. 566-567. Debt of railway. 568. Director presumed to know condition of corporation. 572. Director of, defined. § 557. Every person who signs the name of a fictitious person to any subscription for or agreement to take stock in any corporation existing or proposed, and every person who signs to any subscription or agreement the name of any person, knowing that such |