munication; and provided further, that in any suit or proceeding touching the existence, condition, management, or administration of such trust, the court wherein the same is pending may require disclosure of any such communication. [New section approved March 20, 1903; Stats. 1903, p. 244. In effect on passage.]

ARTICLE XVIII.

FIRE PATROL.

An act to confer certain powers upon corporations, organized for the purpose of discovering and preventing fires, and of saving property and human life from conflagration.

[Approved April 1, 1876; Stats. 1875-76, 689. Amended, Stats., 1897,

223.]

§ 1. Power to equip and employ men as fire patrol.

§ 2. Privileges granted to corps.

§ 3. Costs and expenses of organization.

Section 1. Any corporation of underwriters heretofore organized and now existing, or which may be hereafter organized under the laws of this state, for the purpose of discovering and preventing fires and of saving property and human life from conflagration, and doing business within any municipal corporation of this state, shall have power, at its own proper cost and expense, to maintain a corps of men, with proper officers, equipped with the necessary machinery and apparatus therefor, whose duty it shall be, so far as practicable, to discover and prevent fires and save property and human life from conflagration; and for the effective discharge of such duties, power and authority is hereby granted such corps to enter any building on fire or in which property is on fire, or which such corps or any officer thereof shall deem to be immediately exposed to any existing fire, or in danger of taking fire from a burning building, and to remove or otherwise save and protect from conflagration or damage by water any property, during and immediately after such fire; provided, however, that nothing in this act shall be so construed as in any degree to lessen, impair, or interfere with the powers, privileges, duties, or authority of the regular fire department of such municipality; and provided further, that no act of such corps shall justify any owner of any building or property in abandoning such building or property.

Sec. 2. Such corporation, with its officers and corps, when running to a fire, shall, with its horses, vehicles, and salvage apparatus, have the same right of way as is or may be bestowed by any ordinance of the municipality or law of this state upon the regular fire department of the municipality wherein such corporation is acting; provided, that the rights of such fire department shall always be paramount to the rights of said corporation. All ordinances now existing or which may hereafter be passed by the municipal authorities of any city and county, or of any incorporated city or town wherein such a corporation may carry on business, and all laws of this state applicable to such city and county, or city or town, for the conviction or punishment of any person or persons willfully or carelessly obstructing the progress of the apparatus of the fire department of such city and county, or city or town, while going to a fire, or of any person or persons willfully or carelessly injuring any animal or property of said fire department, shall be equally applicable to any person or persons willfully or carelessly obstructing the progress of the apparatus of such corporation while going to a fire, and to any person or persons who shall willfully or carelessly injure any animal or property of such corporation; and said laws and ordinances, and their penalties, may be enforced in the same courts and in the same manner, and with equal force and effect, as in the case of the fire department.

Sec. 3. In the month of July, eighteen hundred and ninetyseven, and in the month of July in every year thereafter, there shall be held a meeting of all corporations heretofore created, or that may be hereafter created, under this act, of which ten days' previous notice shall be inserted in at least one daily newspaper published in the municipality where said corporation is organized or established, at which meeting each insurance company, corporation, association, underwriter, agent, person, or persons, doing a fire insurance business in said municipality, whether members of said corporation or not, shall have a right to be represented at such meeting, and shall be entitled to one vote. A majority of the whole number so represented shall have power to decide upon the question of sustaining the fire patrol organized by corporations heretofore created, or that may be hereafter created, under this act, and fixing the maximum

amount of expenses which shall be incurred therefor during the fiscal year next to ensue, which amount shall in no case exceed two per centum of the aggregate premiums returned as received, as provided in this section, and the whole of such amount or so much thereof as may be necessary, may be assessed upon all insurance companies, corporations, associations, underwriters, agents, person, or persons who assume risks and accept premiums for fire insurance in said municipality, as hereinbefore mentioned, in proportion to the several amounts of premiums returned, as received by each, as hereinafter provided, and such assessment shall be collectible, by and in the name of said corporation, in any court of law in the state of California having jurisdiction, in such manner and at such time or times as said corporation may determine. In order to provide for the payment of persons employed by said corporation, and to maintain suitable rooms, and apparatus for saving life and property contemplated, said corporation is empowered to require a statement to be furnished semi-annually, by all insurance companies, corporations, associations, underwriters, agents, or persons of the aggregate amount of premiums received for insuring property in the municipality where said corporation is organized or established, for and during the six months next preceding the first day of July and the first day of January of each year, which statement shall be sworn to by the president or secretary of the corporation or association, or by the agent or person so acting or effecting such insurance in said municipality, and shall be handed to the secretary of said corporation heretofore created or hereafter to be created under the provision of this act within ten days after the first day of July and the first day of January of each year. Said secretary shall, within the ten days aforesaid, by written or printed demand signed by him, require from every insurance company, corporation, association, underwriter, agent, or persons engaged in the business of fire insurance in the municipality where said corporation is organized or established, the statement hereinbefore provided for. Such demand may be delivered personally at the office of such insurance company, corporation, association, underwriter, agent, or person within said municipality, and every officer of such insurance company, corporation, association, and every such underwriter, agent, or person who shall, for fifteen days after said demand, neglect to render the

statement herein provided for, shall forfeit fifty dollars for the use of said corporation, and he shall also forfeit for its use twenty-five dollars in addition for every day he shall so neglect after the expiration of the said fifteen days, and such additional penalty may be computed and collected up to the time of the trial of any action brought for the recovery thereof. The penalty herein provided for may be sued for and collected, with costs, in any court of law within the state of California having jurisdiction, by and in the name of said corporation. [Amendment approved March 29, 1897; Stats. 1897, p. 223.]

ARTICLE XIX.

FOREIGN CORPORATIONS.

An act in relation to foreign corporations.

[Approved April 1, 1872; Stats. 1871-72, 826. Amended, Stats. 1899, 111.]

§ 1. Resident must be designated upon whom process may be served. § 2. Penalty for failure to designate.

§ 3. Privileges on compliance.

Section 1. Every corporation heretofore created by the laws of any other state or foreign country, and doing business in this state, shall within ninety days after the passage of this act, and any corporation hereafter created by the laws of any other state or foreign country and doing business in this state, within forty days of the time of commencing to do business in this state, designate some person residing in this state, upon whom process issued by authority by or under any law of this state, may be served, and within the time aforesaid shall file such designation in the office of the Secretary of State, and a copy of such designation, duly certified to by the Secretary of State, shall be sufficient evidence of such appointment and of the due incorporation of such corporation, and it shall be lawful to serve on such person so designated, or in event that no such person is so designated, then on the Secretary of State, any process issued as aforesaid. Such service shall be made on such person so designated. or the Secretary of State, in such manner as shall be prescribed in case of service required to be made on foreign corporations, and such service shall be deemed a valid service thereof on such

corporation. [Amendment approved March 17, 1899; Stats. 1899, 111.]

Sec. 2. Every corporation created by the laws of any other state or foreign country which shall fail to comply with the provisions of section one of this act shall be denied the benefit of the laws of this state limiting the time for the commencement of civil actions, and shall not maintain or defend any action or proceeding in any court of this state until such corporation shall have complied with the provisions of section one of this act; and in any action or proceeding instituted against a body styled as a corporation and created by the laws of any other state or foreign country, evidence that such body has acted as a corporation or employed methods usually employed by corporations, shall be received by the court in such action or proceeding for the purpose of proving the existence of such corporation; the sufficiency of such evidence shall be determined by the court before whom such action or proceeding is pending with like effect as in other cases; provided, nevertheless, that any corporation which shall have complied with the requirements of section one of the act of which this is amendatory, shall not be required to make or file any further designation of the person upon whom process may be served, but such former designation shall be deemed and taken to be a full compliance with the requirements of this act; provided further, however, that if any such corporation shall withdraw such designation heretofore made, or if the person designated shall die, or remove from the state, then, and in that case such corporation shall within forty days after such withdrawal make a new designation, or be subject to the provisions and penalties of this act. [Amendment approved March 17,

1899; Stats. 1899, 111.]

Sec. 3. Every corporation created by the laws of any other state or foreign country which shall comply with the provisions of section one of this act shall be entitled to the benefit of the laws of this state limiting the time for the commencement of civil actions. [Amendment approved March 17, 1899; Stats. 1899, 111.]

Legislative History.

The original act is as follows:

"Section 1. Every corporation heretofore created by the laws of any other state and doing business in this state shall, within one