CODE OF CIVIL PROCEDURE.

SEC. 17.

§ 17.

*

Preliminary Provisions.

Certain terms used in this code defined.

* * The word "person" includes corporation as

well as a natural person. * * *

66 Cal. 289.

SEC. 411.

412.

§ 411.

PART II. TITLE V.

Of Manner of Commencing Civil Actions.

Summons, how served.

Publication of summons, when.

The summons must be served by delivering a copy thereof, as follows:

1. If the suit is against a corporation formed under the laws of this State, to the president or other head of the corporation, secretary, cashier, or managing agent thereof;

2. If the suit is against a foreign corporation, or a non-resident joint-stock company, or association, doing business and having a managing or business agent, cashier, or secretary within this State, to such agent, cashier, or secretary; [Amendment in effect July 1, 1874.]

*

*

*

59 Cal. 473, 493; 64 Cal. 597; 66 Cal. 515; 79 Cal. 104; 87 Cal. 531; 97 Cal. 367; 120 Cal. 430; 127 Cal. 68; 128 Cal. 332; 134 Cal. 633; 139 Cal. 177-178; 143 Cal. 21; Cal. App. R. 2, 585, 586, 589.

§ 412. Where the person on whom service is to be made resides out of the State; or has departed from the State; or can not, after due diligence, be found within the State; or con

ceals himself to avoid the service of summons; or is a foreign corporation having no managing or business agent, cashier or secretary within the State, and the fact appears by affidavit to the satisfaction of the court, or a judge thereof; and it also appears by such affidavit, or by the verified complaint on file, that a cause of action exists against the defendant in respect to whom the service is to be made, or that he is a necessary or proper party to the action; or when it appears by such affidavit, or by the complaint on file herein, that it is an action which relates to or the subject of which is real or personal property in this State, in which such person defendant or foreign corporation defendant has or claims a lien or interest, actual or contingent, therein, or in which the relief demanded consists wholly or in part in excluding such person or foreign corporation from any interest therein, such court or judge may make an order that the service be made by the publication of the summons; provided, that where service is sought to be made upon a person who can not, after due diligence, be found within the State it must first appear to the court by the affidavit aforesaid that there has not been filed, on behalf of such person, in the county where such action is pending, the certificate of residence provided for by section one thousand one hundred and sixty-three of the Civil Code in the county in which the action is brought; or that said certificate was so filed and that the defendant can not be found at the place named in said certificate, which latter fact must be made to appear by the certificate of the sheriff of the county wherein said defendant claims residence in and by said certificate of residence, and which certificate of said sheriff must show that service of said summons was attempted upon said defendant at the place named in said certificate of residence but that said defendant was not to be found thereat. [Amendment approved March 18, 1905; in effect in sixty days.]

§ 437a. In an action to recover upon a contract of insurance wherein the defendant claims exemption from liability upon the ground that, although the proximate cause of the loss was a peril insured against, the loss was remotely caused by or would not have occurred but for a peril excepted in the contract of insurance, the defendant shall in his answer set forth and specify the peril which was the proximate cause of the loss,

in what manner the peril excepted contributed to the loss or itself caused the peril insured against, and if he claim that the peril excepted caused the peril insured against, he shall in his answer set forth and specify upon what premises or at what place the peril excepted caused the peril insured against. [New section; approved March 21, 1907; in effect immediately.]

Section 2 of the Act adding the foregoing section reads as follows:

SEC. 2. This Act shall apply to all pleadings filed after the passage of this Act, as well as actions then pending as in those thereafter begun.

§ 446. Every pleading must be subscribed by the party or his attorney; and when the complaint is verified, or when the State, or any officer of the State, in his official capacity, is plaintiff, the answer must be verified, unless an admission of the truth of the complaint might subject the party to a criminal prosecution, or, unless an officer of the State, in his official capacity, is defendant. In all cases of a verification of a pleading, the affidavit of the party must state that the same is true of his own knowledge, except as to the matters which are herein stated on his information or belief, and as to those matters that he believes it to be true; and where a pleading is verified, it must be by the affidavit of a party, unless the parties are absent from the county where the attorney has his office, or from some cause unable to verify it, or the facts are within the knowledge of his attorney or other person verifying the same. When the pleading is verified by the attorney, or any other person except one of the parties, he must set forth in the affidavit the reasons why it is not made by one of the parties. When a corporation is a party, the verification may be made by any officer thereof. When the State, or any county thereof, or any officer of the State, or of any county thereof, in his official capacity is plaintiff, the complaint need not be verified. [Amendment approved March 20, 1907; in effect in sixty days.]

52 Cal. 182; 58 Cal. 40; 60 Cal. 375; 65 Cal. 337; 68 Cal. 410; 72 Cal. 88; 78 Cal. 121; 80 Cal. 60; 83 Cal. 562; 98 Cal. 33; 106 Cal. 579; 113 Cal. 171; 114 Cal. 475; 128 Cal. 328, 584; 138 Cal. 158, 447; 147 Cal 494.

TITLE VII.

SEC. 564. 565.

§ 564.

Appointment of receivers upon dissolution of corporations.

A receiver may be appointed by the court in which an action is pending, or by the judge thereof: * * *

5. In the cases when a corporation has been dissolved, or is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights; * ** *

53 Cal. 550; 54 Cal. 287; 55 Cal. 454; 56 Cal. 29, 627; 57 Cal. 522, 644; 60 Cal. 227; 65 Cal. 433; 66 Cal. 615; 72 Cal. 575; 75 Cal. 322; 78 Cal. 358; 84 Cal. 355; 85 Cal. 36; 95 Cal. 276; 98 Cal. 495; 99 Cal. 410; 108 Cal. 435; 110 Cal. 140, 144; 115 Cal. 94, 274; 120 Cal. 615; 121 Cal. 41, 544; 123 Cal. 235; 138 Cal. 238.

§ 565. Upon the dissolution of any corporation, the Superior Court of the county in which the corporation carries on its business, or has its principal place of business, on application of any creditor of the corporation, or of any stockholder or member thereof, may appoint one or more persons to be receivers or trustees of the corporation, to take charge of the estate and effects thereof, and to collect the debts and property due and belonging to the corporation, and to pay the oustanding debts thereof, and to divide the moneys and other property that shall remain over, among the stockholders or members. [Amendment in effect March 9, 1880.]

84 Cal. 366; 100 Cal. 119; 101 Cal. 148; 108 Cal. 435.

TITLE X.

Chapter V. Actions for the Usurpation of an Office or Franchise.

SEC. 803.

§ 803.

Action may be brought against party usurping, etc., any office or franchise.

An action may be brought by the Attorney-General, in the name of the people of this State, upon his own information, or upon a complaint of a private party, against any

person who usurps, intrudes into, or unlawfully holds or exercises any public office, civil or military, or any franchise, or against any corporation, either de jure or de facto, which usurps, intrudes into, or unlawfully holds or exercises any franchise, within this State. And the Attorney-General must bring the action, whenever he has reason to believe that any such office or franchise has been usurped, intruded into, or unlawfully held or exercised by any person, or when he is directed to do so by the Governor. [Amendment approved

March 19, 1907; in effect in sixty days.]

54 Cal. 321; 55 Cal. 616; 66 Cal. 288; 69 Cal. 463; 73 Cal. 491; 76 Cal. 437; 77 Cal. 372; 82 Cal. 243; 84 Cal. 120, 376; 96 Cal. 606; 100 Cal. 541; 101 Cal. 148; 114 Cal. 474; 115 Cal. 284; 116 Cal. 109; 117 Cal. 614; 123 Cal. 146; 125 Cal. 529; 127 Cal. 349, 571; 128 Cal. 259; 129 Cal. 546; 132 Cal. 290; 145 Cal. 760.

TITLE XIV.

Chapter VI. Of Costs.

SEC. 1036. When plaintiff is a non-resident or a foreign corporation, defendant may require security for costs.

1037.

If such security is not given, the action may be dismissed.

§ 1036. When the plaintiff in an action or special proceeding resides out of the State, or is a foreign corporation, security for the costs and charges, which may be awarded against such plaintiff, may be required by the defendant. When required, all proceedings in the action or special proceeding must be stayed until an undertaking, executed by two or more persons, is filed with the clerk, to the effect that they will pay such costs and charges as may be awarded against the plaintiff by judgment, or in the progress of the action or special proceeding, not exceeding the sum of three hundred dollars. A new or an additional undertaking may be ordered by the court or judge, upon proof that the original undertaking is insufficient security, and proceedings in the action or special proceeding stayed until such new or additional undertaking is executed and filed. [Amendment approved March 18, 1903; in effect immediately.] 56 Cal. 251; 62 Cal. 42; 93 Cal. 509; 118 Cal. 660; 137 Cal. 449.