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ACT 3785.

An act prohibiting the sale, gift or delivery of intoxicating liquor at public schoolhouses, and prescribing penalties for the violation of any provision hereof.

§ 1. § 2.

[Approved April 1, 1915. Stats. 1915, p. 20.]

Sale of liquors at public schools prohibited.
Penalty.

§ 1. Sale of liquors at public schools prohibited. Any person, firm, association or corporation that sells, gives or delivers to any person any intoxicating liquor at any public schoolhouse or upon any portion of the grounds thereof, is guilty of a misdemeanor and shall be punished by a fine not to exceed five hundred dollars or by imprisonment in a county jail not to exceed six months, or by both such fine and imprisonment.

§ 2. Penalty. Any person, firm, association or corporation convicted of the violation of any provision of this act shall, for a period of one year from and after such conviction, be barred from having or receiving any privilege accorded by that certain act entitled "An act providing for the free use of all public schools and property, and to establish a civic center at each and every public schoolhouse in the state of California, and to provide for the maintenance, conduct and managment of the same," approved June 6, 1913.

ACT 3786.

An act to prohibit the sale of intoxicating liquors within a certain dis tance of any camp or assembly of men, numbering twenty-five or more, engaged upon the construction, repair or operation of any public work, improvement, or utility.

§ 1. § 2.

[Approved March 25, 1909. Stats. 1909, p. 722.]

Sale of liquors near construction camps.

Misdemeanor.

§3. Act takes effect when.

§ 1. Sale of liquors near construction camps. It shall be unlawful for any person to sell, keep for sale, or give away, any spirituous, vinous, malt or mixed intoxicating liquors at any place situated more than one mile outside the limits of an incorporated city or town, and within four miles of any camp or assembly of men, numbering twenty-five or more, engaged upon, or in connection with, the construction, repair or operation of any public or quasi-public work, improvement or utility; provided, however, that nothing in this section contained shall be deemed to apply to the sale, keeping for sale, or disposal of any such liquor at a licensed saloon or liquor store which shall have been established, or at a licensed saloon or liquor store which shall be maintained, at the time this act takes effect, upon the same premises where a licensed saloon or liquor store shall have been established, at least six months prior to the establishment of such camp or assembly of men, or to the sale, keeping for sale, or disposal of any such liquors at any winery, licensed brewery or distillery, where the same is manufactured. § 2. Misdemeanor. Any person violating any of the provisions of this statute shall be guilty of a misdemeanor, and, for each offense,

shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.

§ 3. Act takes effect when. This act shall take effect immediately. This act is constitutional: King, Ex parte, 157 Cal. 161, 106 Pac. 579; Young, Ex parte, 154 Cal. 317, 22 L. R. A. (N. S.) 330, 97 Pac. 822.

ACT 3787.

To prevent the sale of intoxicating liquors to minor children. [Stats. 1891, p. 91.]

Probably superseded by Penal Code, § 397b, adopted 1905.

ACT 3788.

To prevent the selling, giving, or delivering intoxicating liquors to minor children, and to prevent minor children visiting saloons or public houses where intoxicating liquors are sold. [Stats. 1903, p. 319.] Codified by § 397b of Penal Code, 1905.

Code.

ACT 3789.

See note to § 397b, Penal

To prevent the sale of intoxicating beverages on election day. [Stats, 1873-74, p. 297.]

Codified by § 63b of Penal Code, 1905. See note to § 63b, Penal Code.

ACT 3790.

To prohibit the sale of intoxicating liquors in the state capitol building. [Stats. 1880, p. 80.]

Codified by § 172 of Penal Code, 1905. See note to § 172, Penal Code. АСТ 3791.

To prevent the sale of intoxicating liquors in the immediate vicinity of soldiers' home. [Stats. 1895, p. 161.]

Codified by 172 of Penal Code, 1905. See note to § 172, Penal Code.

See, also, post, Act 3792.

ACT 3792.

An act to prohibit the sale of intoxicating liquors within a certain distance of the Veterans' Home located at Yountville, Napa County. [Approved March 18, 1905. Stats. 1905, p. 126.]

See § 172, Penal Code.

This act prohibited the sale of liquors within one mile and a half of the home at Yountville.

ACT 3793.

An act to prohibit the sale of intoxicating liquors within a certain distance of the Mendocino State Hospital for the Insane. [Approved February 24, 1905. Stats. 1905, p. 20.]

This act prohibited the sale of liquor within one mile of the Mendocino State Hospital.

TITLE 279.
INVENTORY.

ACT 3803.

To require an inventory of state and county property and directing that a record of the same be kept.

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[Stats. 1897, p. 5.]

INVESTMENT COMPANIES.

An act to define investment companies, investment brokers, and agents; to provide for the regulation, supervision and licensing thereof; to provide penalties for the violation thereof; to create the office of commissioner of corporations, and making an appropriation therefor. [Approved May 28, 1913. Stats. 1913, p. 715.]

Amended 1915, p. 1135.

This act is the one that is popularly known as the "Blue Sky Law." Compare the Investment Companies Act of 1917 and amendments. See next act.

§ 1. Title of act.

§ 2.

§ 3. § 4.

§ 5.

Definitions.

Act not applicable to certain corporations.

Application for permission to sell securities. Filing fee. Se-
curities not for sale to public exempt. Companies organized
in other states. Attorney upon whom process may be served.
Fee.

Certificate. Commissioner to examine company's affairs before
issuing stock to directors. Temporary permit.
Investment brokers' permit. Fee.

Certificates for investment brokers' agents. Fee.

Supervision and control of companies and brokers. Examination fee.

§ 6.

§ 7.

§ 8.

§ 9.

Advertisements, circulars, etc.

§ 10.

Semi-annual reports. Broker's reports on securities.

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§ 1. Title of act. This act shall be known as the "Investment Companies Act."

§ 2. Definitions. "Investment company." (a) The term "investment company," when used in this act, includes every private corporation, association, copartnership and company, which shall within this state, sell, offer for sale, negotiate for the sale of or take subscriptions for any stock, stock certificate, bond or other evidence of indebtedness of any kind or character, issued or to be issued by itself, other than promissory notes not offered to the public by the maker thereof.

(b) "Security." The term "security," when used in this act, includes the stock, stock certificates, bonds, and other evidences of indebtedness, other than promissory notes not offered to the public by the maker thereof, of an investment company.

(c) "Investment broker." "Contractor." The term "investment broker," when used in this act, includes every corporation, association, copartnership, company and person who shall within this state regularly engage in the business of selling, offering for sale or negotiating for the sale, as agent or contractor, of any security of more than one investment company. The term "contractor" means anyone who undertakes to sell securities for an investment company for a commission or other consideration.

(d) "Agent." The term "agent," when used in this act, includes every corporation, association, copartnership, company and person who shall within this state, sell, offer for sale, negotiate for the sale of or take subscriptions for any security of an investment company, either as an employee on a salary basis or for a commission, if acting either for the investment company or an investment broker.

(e) "Sale." The term "sale," when used in this act, means the original transfer of title of its own securities from an investment company for any valuable consideration.

§ 3. Act not applicable to certain corporations. This act shall not apply to corporations, associations, copartnerships, companies, firms and individuals now or hereafter subject to the jurisdiction or authority of the railroad commission, nor to corporations now or hereafter organized under the laws of this state for the purpose of conducting the business of banking within the state, nor to corporations, associations, copartnerships, companies, firms and individuals after they have secured from the insurance commissioner or the bureau of building and loan supervision a certificate of authority or license to do business within this state, nor to corporations, associations, copartnerships or companies, subject to federal regulation or not organized for profit, nor to mutual water companies and irrigation districts, nor to the stocks, stock certificates, bonds or other evidences of indebtedness of such corporations, associations, copartnerships, companies, firms or individuals. [Amendment approved June 3, 1915. Stats. 1915, p. 1135.]

§ 4. Application for permission to sell securities. Filing fee. (a) Before selling, offering for sale, negotiating for the sale, or taking subscriptions for, any security of any kind or character, each investment company shall file in the office of the commissioner of corporations of this state, an application for permission so to do, together with a filing fee, as hereinafter prescribed, an itemized statement of its financial condition, in such form and detail as the commissioner of corporations may prescribe, a copy of all contracts which it proposes to make with or sell

to the public, a certified copy of its charter, articles of incorporation or articles of association and all amendments thereto, and such additional information pertaining thereto as the commissioner of corporations may from time to time, prescribe. Said filing fee shall be five dollars if the par or face value of said security amounts to twenty-five thousand dollars or less; ten dollars if the par or face value of said security amounts to over twenty-five thousand dollars and not over fifty thousand dollars; fifteen dollars if the par or face value of said security amounts to over fifty thousand dollars and not over seventy-five thousand dollars; twenty dollars if the par or face value of said security amounts to over seventy-five thousand dollars and not over one hundred thousand dollars; and twenty-five dollars if the par or face value of said security amounts to over one hundred thousand dollars.

(b) Securities not for sale to public exempt. If the investment company does not desire to sell its securities to the public the commissioner of corporations may make his written finding to that effect. Upon the filing of said finding the investment company and its securities shall be exempt from the provisions of this act until the commissioner of corporations makes and files his order setting aside said finding. The commissioner of corporations shall have power to make his order setting aside said finding if he finds that the investment company is selling its securities to the public, or for other good cause.

(c) Companies organized in other states. Attorney upon whom process may be served. Fee. If such company is organized or created under or by virtue of the laws of any other state, territory or government, it shall also file in the office of the commissioner of corporations a certified copy of the law or laws under which it is organized or incorporated, and all amendments thereto, and also in such form as the commissioner of corporations may prescribe, its written instrument, irrevocable, appointing the commissioner of corporations or his successor in office its true and lawful attorney, upon whom all process in any action or proceeding against it may be served with the same effect as if said company were organized or created under the laws of this state and had been lawfully served with process therein. Service upon such attorney shall be deemed personal service upon such company. The commissioner of corporations shall forthwith forward by mail, postage prepaid to the person designated by such company by written instrument filed with the commissioner of corporations at the address given in said instrument, or in case no such instrument has been filed, to the secretary of such company at its last known post office address, a copy of every process served upon him under the provisions of this section. For each copy of process, the commissioner of corporations shall collect the sum of two dollars, which shall be paid by the plaintiff or moving party at the time of such service, to be recovered by him as part of his taxable costs, if he succeeds in the suit or proceedings. Service shall not be deemed complete until said fee has been paid, and said copy of process mailed as herein before directed.

§ 5. Certificate. Commissioner to examine company's affairs before issuing stock to directors. Temporary permit. It shall be the duty of the commissioner of corporations to examine the statement and other information so filed, and he may, if he deems it advisable, make, or have made, at applicant's cost as hereinafter in this act specified, a detailed

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