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they shall forthwith make a full investigation of its affairs, in the manner provided.
SEC. 13. If either of the Commissioners, having knowledge of the insolvent condition, or of any violation of law or unsafe practice of any such association, corporation or society under their supervision, such as renders, in their opinion, the conduct of its business hazardous to its shareholders, creditors or depositors, shall fail to take the proper action required by this Act, or shall refuse or neglect to perform the official duties pertaining to his office, then upon conviction thereof the office of such Commissioner shall be declared vacant by the Governor, and a successor be appointed to fill the unexpired term.
SEC. 14. To meet the salaries and expenses provided for by this Act, the Commissioners shall require every association, corporation or society licensed by them or coming under their supervision to pay in advance, to them, and prior to the issuance of any license, its pro rata amount of all such salaries and expenses, and it is hereby made the duty of every such association, corporation or society to pay the same; such pro rata shall be fixed and determined by the proportion which its assets bear to the aggregate assets of all such associations, corporations, or societies, receiving licenses, as shown by the last reports of such corporations, associations, or societies to the Commissioners. On or before the thirtieth day of December, in each year, the Commissioners shall notify each of such associations, corporations or societies, through the United States mail, of the amount assessed and levied against it and that the same must be paid within twenty days thereafter; and should payment not be made to them within said twenty days, they shall then assess and collect a penalty, in addition thereto, of ten per cent per day for each day that such payment may be delayed or withheld; provided, however, that in the levy and collection of such assessment, no such association, corporation or society shall be assessed for, nor be permitted to pay less than ten dollars per annum, and any such association hereafter formed in this State, shall be required to pay not less than one dollar per month for the unexpired term ending December thirty-first, succeeding application; and in like manner any such association organized outside this State shall be required to pay not less than three dollars per month, for such unexpired term, for its first license.
SEC. 15. It shall be the duty of the Commissioners to require every such association, corporation or society coming under
their supervision, to procure from them, prior to the transaction of any business, a certificate of authority or license to transact business in this State; and it is hereby made the duty of every such association, corporation or society to comply with such requirement. To procure such license, there must be filed with and approved by the Commissioners, a certified copy of its articles of incorporation, constitution and by-laws and all subsequent amendments thereto, accompanied by the license fee herein provided for; and after the expiration of the term for which a license may have been granted to it, no such association, corporation or society shall be permitted to continue to transact business without first procuring a renewal of such license on the terms provided in this Act, and any such association, corporation or society violating the provisions hereof shall be subject to a penalty of ten per cent per day of the amount of the license fee required to be paid under section fifteen of this Act, in addition thereto, for each day during the continuance of such offense. The Commissioners are authorized and empowered to revoke the license of any such association, corporation or society under their supervision, the solvency whereof may have become imperiled by losses or irregularities; and immediately upon the revoking of any such license they shall report the facts to the Attorney-General, who shall thereupon take such proceedings as are provided in section nine of this Act.
SEC. 16. The Commissioners shall require every association, corporation or society licensed by them, and including associations in liquidation, within thirty days after the close of its annual fiscal term, to make a report to them in writing, verified by the oath of its president and secretary, showing accurately its financial condition at the close of such term; such report shall also include all the receipts and disbursements and income and expenses for the term, together with such statistical and other information as may be deemed essential; all and every of such reports shall be in such form as the Commissioners may prescribe, and upon blanks to be by them furnished therefor. Every such association, corporation or society is hereby required to make and file all such reports within the time specified herein, and for failure or neglect so to do shall be subject to a penalty of ten dollars per day for each and every day the same shall be delayed or withheld.
SEC. 17. The collection of all moneys assessed as herein provided, for the payment of salaries and annual expenses, or
forfeitable as fines for failure to make payments of assessments, procure licenses, or make and file reports as herein specified, and due from any such association, corporation or society coming within the provisions of this Act, or imposed as a penalty for violation of any order or summons, may be enforced by the Commissioners, by action instituted in any court of competent jurisdiction; and all moneys collected or received by the Commissioners under this Act, shall be deposited with the State Treasurer, to be credited to a fund to be known and desig- · nated as the "Building and Loan Inspection Fund"; which said fund shall only be used in defraying the salaries and expenses provided for by this Act.
SEC. 18. This Act shall not be construed as affecting the terms of office of the Commissioners appointed under and by virtue of an Act entitled "An Act creating a Board of Commissioners of the Building and Loan Associations and prescribing their duties and powers," approved March twenty-third, eighteen hundred and ninety-three, and Acts amendatory thereof, and such Commissioners are hereby created the Building and Loan Commissioners for the unexpired terms for which they were appointed, and they and their secretary are hereby vested with all the powers and duties, and are entitled to all the emoluments herein provided for; and they and their successors in office, as the Building and Loan Commissioners herein provided for, shall succeed to all the rights, privileges and benefits, and to the control and possession of all records, property and funds in the possession of or enjoyed by the Board of Commissioners of the Building and Loan Associations appointed under and by virtue of said Act of March twenty-third, eighteen hundred and ninety-three.
SEC. 19. All Acts and parts of Acts, including an Act entitled "An Act creating a Board of Commissioners of the Building and Loan Associations and prescribing their duties and powers," approved March twenty-third, eighteen hundred and ninety-three, and all Acts amendatory thereof, are hereby repealed.
SEC. 20. This Act shall take effect and be in force from and after its passage.
127 Cal. 405 (old Act).
Section 19 of the Act approved March 23, 1893, codified. See § 638a, Civil Code.
An Act defining the duties and liabilities of employment agents, making the violation thereof a misdemeanor and fixing penalties therefor.
[Approved February 13, 1903. Amended March 18, 1905.]
The people of the State of California, represented in Senate and Assembly, do enact as follows:
SECTION 1. Any person, firm, corporation, or association pursuing for profit the business of furnishing, directly or indirectly, to persons seeking employment, information enabling, or tending to enable, such persons to secure such employment, or registering for any fee, charge, or commission the names of any person seeking employment as aforesaid, shall be deemed to be an employment agent within the meaning of this Act.
SEC. 2. It shall be unlawful for an employment agent in the State of California to receive, directly or indirectly, any money or other valuable consideration from any person seeking employment, for any information or assistance furnished or to be furnished by said agent to such person, enabling or tending to enable said person to secure such employment, prior to the time at which said information or assistance is actually thus furnished.
SEC. 3. It shall be unlawful for any employment agent in the State of California to induce, influence, persuade, or engage any person to change from one place to another in this State, or to change from any place in any State, Territory, or country, to any place in this State to work in any branch of labor, through or by means of any representations whatsoever, whether spoken, written, or advertised in printed form, unless such employment agent shall have assured himself beyond a reasonable doubt that such representations are true and cover all the material facts affecting the employment in question. Whenever any such representation, whereby any person is induced, influenced, persuaded, or engaged to change from one place to another in this State, or from any place in any State, Territory, or country, to any place in this State to work in
any branch of labor, shall prove to be in any material degree at variance with, or short of the truth, the employment agent responsible for such representations shall immediately return to any person who shall have been influenced, by such representations, any and all fees paid by such person to said employment agent on the strength of such representations, together with an amount of money sufficient to cover all necessary expenses incurred by such person influenced by such representations in going to and returning from, any place he shall have been influenced by such representations to visit in the hope of employment. [Amendment approved March 18, 1905;
in effect in sixty days.]
Section 2 of the Act approved March 18, 1905, repeals the following section:
SEC. 4. It shall be unlawful for an employment agent in the State of California to receive, directly or indirectly, for registration made or for information or assistance such as is described in section two hereof, any money or other consideration which is in value in excess of ten per cent of the amount earned, or prospectively to be earned by the person for whom said registration is made or to whom such information is furnished, through the medium of the employment regarding which such registration, information or assistance is given, during the first month of such employment; provided, that said value shall not be in excess of ten per cent of the amount actually prospectively to be earned in such employment when it is mutually understood by the agent and person in this section mentioned, at the time when said information or assistance is furnished, that said employment is to be for a period of less than one month. [Repealed March 18, 1905; in
effect in sixty days.]
SEC. 5. The tax collector or license collector of each respective city, county or city and county of the State of California shall furnish quarterly, to the Commissioner of the Bureau of Labor Statistics of the State of California the name and address of each employment agent doing business in said city, county or city and county; provided, that where the license is not a county license, but is collected by a municipal government, then the municipal collector of said tax shall furnish the names and addresses.
SEC. 6. Each employment agent in the State of California shall keep a written record, which shall show the name of each