by which they shall bind or have bound themselves not to sell, dispose of or transport any article or any commodity or any article of trade, use, merchandise, commerce or consumption below a common standard figure, or fixed value, or by which they shall agree in any manner to keep the price of such article, commodity or transportation at a fixed or graduated figure, or by which they shall in any manner establish or settle the price of any article, commodity or transportation between them or themselves and others, so as to directly or indirectly preclude a free and unrestricted competition among themselves, or any purchasers or consumers in the sale or transportation of any such article or commodity, or by which they shall agree to pool, combine or directly or indirectly unite any interests that they may have connected with the sale or transportation of any such article or commodity, that its price might in any manner be affected. Every such trust as is defined herein is declared to be unlawful, against public policy and void.

SEC. 2. For a violation of any of the provisions of this Act by any corporation or association mentioned herein, it shall be the duty of the Attorney-General or the District Attorney of the proper county, to institute proper suits or quo warranto proceedings in any court of competent jurisdiction for the forfeiture of its charter rights, franchises or privileges and powers exercised by such corporation or association, and for the dissolution of the same under the general statutes of the State. SEC. 3. Every foreign corporation, as well as every foreign association, exercising any of the powers, franchises or functions of a corporation in this State, violating any of the provisions of this Act, is hereby denied the right and prohibited from doing any business in this State, and it shall be the duty of the Attorney-General to enforce this provision by bringing proper proceedings by injunction or otherwise. The Secretary of State shall be authorized to revoke the license of any such corporation or association heretofore authorized by him to do business in this State.

SEC. 4. Any violation of either or all of the provisions of this Act shall be and is hereby declared a conspiracy against trade, and any person who may become engaged in any such conspiracy or take part therein, or aid or advise in its commission, or who shall as principal, manager, director, agent, servant or employé, or in any other capacity, knowingly carry

out any of the stipulations, purposes, prices, rates, or furnish any information to assist in carrying out such purposes, or orders thereunder or in pursuance thereof, shall be punished by a fine of not less than fifty ($50) dollars nor more than five thousand ($5,000) dollars, or be imprisoned not less than six months nor more than one year, or by both such fine and imprisonment. Each day's violation of this provision shall constitute a separate offense.

SEC. 5. In any indictment, information or complaint for any offense named in this Act, it is sufficient to state the purpose or effects of the trust or combination, and that the accused is a member of, acted with or in pursuance of it, or aided or assisted in carrying out its purposes, without giving its name or description, or how, when and where it was created.

The char

SEC. 6. In prosecutions under this Act, it shall be sufficient to prove that a trust or combination, as defined herein, exists, and that the defendant belonged to it, or acted for or in connection with it, without proving all the members belonged to it, or proving or producing any article of agreement, or any written instrument on which it may have been based; or that it was evidenced by any written instrument at all. acter of the trust or combination alleged may be established by proof of its general reputation as such. In case any court of record, or in vacation any judge of said court in which is pending any civil, criminal or other action or proceeding brought or prosecuted by the Attorney-General or any District Attorney for the violation of any of the provisions of this Act or in any action or proceeding for the violation of the law of this State, against conspiracy or combination in restraint of trade so orders, no person so ordered shall be excused from attending, testifying or producing books, papers, schedules, contracts, agreements or any other document in obedience to the subpoena or under the order of such court or any commissioner or referee appointed by said court to take testimony or any notary public or other person or officer authorized by the laws of this State to take depositions when the order made by such court or judge thereof includes a witness whose deposition is being taken before such notary public or other officer on the ground or for the reason that the testimony or evidence required of him may tend to criminate him or subject him to any penalty; but no individual shall be prosecuted or subjected

to any penalty for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence, documentary or otherwise, before any such court, person or officer.

SEC. 7. Each and every firm, person, partnership, corporation, or association of persons, who shall in any manner violate any of the provisions of this Act, shall for each and every day that such violations shall be committed or continued, after due notice given by the Attorney-General or any District Attorney, forfeit and pay the sum of fifty (50) dollars, which may be recovered in the name of the people of the State of California, in any county where the offense is committed, or where either of the offenders resides; and it shall be the duty of the AttorneyGeneral, or the District Attorney of any county on the order of the Attorney-General, to prosecute for the recovery of the same. When the action is prosecuted by the Attorney-General against a corporation or association of persons, he may begin the action in the Supreme [Superior] Court of the county in which defendant resides or does business.

SEC. 8. That any contract or agreement in violation of the provisions of this Act, shall be absolutely void and shall not be enforceable either in law or equity.

SEC. 9. That the provisions hereof shall be held cumulative of each other and of all other laws in any way affecting them now in force in this State.

SEC. 10. It shall not be lawful for any person, partnership, association or corporation, or any agent thereof, to issue or to own trust certificates, or for any person, partnership, association or corporation, agent, officer or employé, or the directors or stockholders of any corporation, to enter into any combination, contract or agreement with any person or persons, corporation, or corporations, or with any stockholder or director thereof, the purpose and effect of which combination, contract or agreement shall be to place the management or control of such combination or combinations, or the manufactured product thereof, in the hands of any trustee or trustees with the intent to limit or fix the price or lessen the production and sale of any article of commerce, use or consumption, or to prevent, restrict or diminish the manufacture or output of any such article, and any person, partnership, association or corporation that shall enter into any such combination, contract or agreement for the

purpose aforesaid shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not less than fifty dollars, nor more than five thousand dollars.

SEC. 11. In addition to the criminal and civil penalties herein provided, any person who shall be injured in his business or property by any other person or corporation or association or partnership, by reason of anything forbidden or declared to be unlawful by this Act, may sue therefor in any court having jurisdiction thereof in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, without respect to the amount in controversy, and to recover twofold the damages by him sustained, and the costs of suit. Whenever it shall appear to the court before which any proceedings under this Act may be pending, that the ends of justice require that other parties shall be brought before the court, the court may cause them to be made parties defendant and summoned whether they reside in the county where such action is pending, or not.

SEC. 12. The word "person" or "persons" whenever used in this Act, shall be deemed to include corporations, partnerships and associations existing under or authorized by the laws of this State or any other State, or any foreign country.

LOST OR DESTROYED CERTIFICATES.

An Act providing for the issuance of duplicate certificates, where certificates issued under authority of law have been lost or destroyed by conflagration or other public calamity.

[Approved June 16, 1906.]

The people of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. Whenever any public board or officer is authorized by law to issue any certificate of any kind, and the records in the office of such board or officer show the issuance of such certificate, and it is made to appear by affidavit that such certificate has been lost or destroyed by conflagration or other

public calamity, such board or officer may issue a duplicate of such certificate, which shall recite the issuance and loss or destruction of such original certificate, and shall have the same force and effect as such original certificate; provided, that this Act shall not apply to certificates of acknowledgments. SEC. 2. This Act shall take effect immediately.

An Act to extend the time for filing with the Insurance Commissioner statements of insurance business transacted during the year ending December 31, 1905, within the time prescribed by law, and to remit penalties for failing to file the same.

[Approved June 14, 1906.]

The people of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. Every corporation or person doing the business of insurance in this State, and organized under the laws of any country foreign to the United States, must file with the Insurance Commissioner on or before the thirty-first day of July, nineteen hundred and six, a statement which must exhibit the condition and affairs of such corporation, person, firm or association on the thirty-first day of December next preceding.

SEC. 2. Except as provided in the preceding section of this Act, each such statement shall conform to the provisions of sections six hundred and ten, six hundred and eleven, six hundred and twelve, and six hundred and thirteen of the Political Code of this State.

SEC. 3. On the filing with the Insurance Commissioner of such statement on or before said thirty-first day of July, nineteen hundred and six, the penalties prescribed by section six hundred and seventeen of the Political Code of the State of California shall be and the same are hereby remitted.

SEC. 4. This Act shall take effect immediately.