« SebelumnyaLanjutkan »
EXTRACTS FROM CODE OF CIVIL PROCEDURE.
upon whom served,
SECTION 411. The summons* must be served by delivering Summons, 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 nonresident 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. SEC. 446. Every pleading must be subscribed by the party Verification
of pleadings.. 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 therein 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 resides, 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.
Sec. 531. An injunction to suspend the general and ordi- Injunction nary business of a corporation cannot be granted except by business of the Court or a Judge thereof; nor can it be granted without due notice of the application therefor to the proper officers or managing agent of the corporation, except when the people of this State are a party to the proceeding.
Sec. 541. The rights or shares which the defendant may shares of have in the stock of any corporation or company, together debts due with the interest and profit thereon, and all debts due such how at. *In commencing civil actions.
ment of receivers
defendant, and all other property in this State of such defendant not exempt from execution, may be attached, and, if judgment be recovered, be sold to satisfy the judgment and execution.
SEC. 542. The Sheriff to whom the writ is directed and and personal property delivered, must execute the same without delay, and if the attached. undertaking mentioned in section five hundred and forty be
not given, as follows:
4. Stocks or shares, or interest in stocks or shares, of any corporation or company, must be attached by leaving with the President, or other head of the same, or the Secretary, Cashier, or other managing agent thereof, a copy of the writ, and a notice stating that the stock or interest of the defend
ant is attached, in pursuance of such writ. Appoint- SEC. 564. A receiver may be appointed by the Court in receiver. 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. Appoint- Sec. 565. Upon the dissolution of any corporation, the
District Court of the county in which the corporation carupon dissolution of cor- ries on its business, or has its principal place of business, on porations.
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 outstanding debts thereof, and to divide the moneys and other property that shall remain over, among the stockholders or members.
SEC. 1180. A lien is a charge imposed upon specific property, by which it is made security for the performance of an
act. What labor. Sec. 1183. Every person performing labor upon, or fur
nishing materials to be used in the construction, alteration, or repair of any mining claim, building, wharf, bridge, ditch, flume, tunnel, fence, machinery, railroad, wagon road, aqueduct to create hydraulic power, or any other structure, or who performs labor in any mining claim, has a lien upon the same for the work or labor done or materials furnished by each, respectively, whether done or furnished at the instance of the owner of the building or other improvement,
Definition of lien.
or his agent; and every contractor, sub-contractor, architect, builder, or other person having charge of any mining, or of the construction, alteration, or repair, either in whole or in part, of any building or other improvement, as aforesaid, shall be held to be the agent of the owner for the purposes of this chapter. (Amendment, approved March 30, 1874; Amendments 1873–4, 409; took effect sixtieth day after passage.)
EXTRACTS FROM THE PENAL CODE.
SECTION 165. Every person who gives or offers a bribe to Bribing any member of any Common Council, Board of Supervisors, of Common or Board of Trustees of any county, city, or corporation, Boards of with intent to corruptly influence such member in his action or Trustees. on any matter or subject pending before the body of which he is a member, and every member of either of the bodies mentioned in this section who receives or offers to receive any such bribe, is punishable by imprisonment in the State Prison for a term not less than one nor more than fourteen years, and is disqualified from holding any office in this State.
SEC. 348. Every captain or other person having charge of Mismanageany steamboat used for the conveyance of passengers, or of steamboats,
a felony. the boilers and engines thereof, who, from ignorance or gross neglect, or for the purpose of excelling any other boat in speed, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, or any apparatus or machinery connected therewith, by which bursting or breaking human life is endangered, is guilty of a felony. (Amendment, approved March 30, 1874; Amendments 1873–4, 431; took effect July 1, 1874.)
SEC. 349. Every engineer or other person having charge of Mismanageany steam-boiler, steam-engine, or other apparatus for genera- steam-boiler
a felony. ting or employing steam, used in any manufactory, railway, or other mechanical works, who willfully, or from ignorance or gross neglect, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, or engine, or apparatus, or cause any other accident whereby human life is endangered, is guilty of a felony. (Amend
Forgery of public and corporate seals,
ment, approved March 30, 1874; Amendments 1873-4, 431; took effect July 1, 1874.)
SEC. 472. Every person who, with intent to defraud another, forges or counterfeits the seal of this State, the seal of any public officer authorized by law, the seal of any Court of record, or the seal of any corporation, or any other public seal authorized or recognized by the laws of this State, or of any other State, government, or county, or who falsely makes, forges, or counterfeits any impression purporting to be an impression of any such seal, or who has in his possession any such counterfeited seal, or impression thereof, knowing it to be counterfeited, and willfully conceals the same, is guilty of forgery.
PROCEEDINGS AGAINST CORPORATIONS.
Summons upon infor
Form of summons.
Sec. 1390. Upon an information or presentment against mation, etc. a corporation, the Magistrate must issue a summons, signed
by him, with his name of office, requiring the corporation to appear before him, at a specified time and place, to answer the charge, the time to be not less than ten days after the issuing of the summons.
SEC. 1391. The summons must be substantially in the following form: COUNTY OF (as the case may be).
The People of the State of California to the (naming the corporation):
You are hereby summoned to appear before me at (naming the place), on (specifying the day and hour), to answer a charge made against you upon the information of A. B. (or the presentment of the grand jury of the county, as the case may be), for (designating the offense generally). Dated at the city (or township) of —, this day of eighteen
G. H., Justice of the Peace (or as the case may be). When and Sec. 1392. The summons must be served at least five days
before the day of appearance fixed therein, by delivering a copy thereof and showing the original to the President or other head of the corporation, or to the Secretary, Cashier,
or managing agent thereof. Examina- Sec. 1393. At the appointed time in the summons, the tion of the charge. Magistrate must proceed to investigate the charge in the
same manner as in the case of a natural person, so far as these proceedings are applicable.
SEC. 1394. After hearing the proofs, the Magistrate must Certificate certify upon the depositions, either that there is or is not trate and resufficient cause to believe the corporation guilty of the offense charged, and must return the deposition and certificate, as prescribed in section eight hundred and eighty-three.
SEC. 1395. If the Magistrate returns a certificate that there if Magisis sufficient cause to believe the corporation guilty of the sufficient
cause, grand offense charged, the grand jury may proceed thereon as in jury to
investigate. case of a natural person held to answer. SEC. 1396. If an indictment is found, the corporation may Appearance
and plea. appear by counsel to answer the same. If it does not thus appear a plea of not guilty must be entered, and the same proceedings had thereon as in other cases.
SEC. 1397. When a fine is imposed upon a corporation on Fine on conconviction, it may be collected by virtue of the order impos- collected. ing it, by the Sheriff of the county, out of its real and personal property, in the same manner as upon an execution in a civil action.