ing, 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. 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. TITLE VII. Chapter V. Receivers. SEC. 564. Appointment of receiver. 565. Appointment of receivers upon dissolution of corporations. § 564. an action is pending, or by the judge thereof: A receiver may be appointed by the court in which * * * 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 outstanding 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. Action may be brought against party usurping, etc., any office or franchise. § 803. An action may be brought by the Attorney-General, in the name of the people of this State, upon his own information, or upon the 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 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. 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. § 1037. After the lapse of thirty days from the service of notice that security is required, or of an order for new or additional security, upon proof thereof, and that no undertaking as required has been filed, the court or judge may order the action or special proceeding to be dismissed. [Amendment approved March 18, 1903; in effect immediately.] 93 Cal. 509; 118 Cal. 660; 137 Cal. 449. Chapter VII. General Provisions. SEC. 1056. Surety on bonds or undertakings-jurisdiction of Insurance Commissioner. [Changed for convenience and reference, original heading not having been altered since repeal of section in 1880.] 1057. Undertaking mentioned in this code, requisites of. § 1056. In all cases where an undertaking or bond, with any number of sureties, is authorized or required by any provision of this code, or of any law of this State, any corporation with a paid-up capital of not less than one hundred thousand dollars, incorporated under the laws of this or any other State of the United States for the purpose of making, guaranteeing, or becoming a surety upon bonds or undertakings required or authorized by law, or which, by the laws of the State where it was originally incorporated has such power, and which shall have complied with all the requirements of the law of this State regulating the formation or admission of these corporations to transact such business in this State, may become and shall be accepted as security or as sole and sufficient surety upon such undertaking or bond, and such corporate surety shall be subject to all the liabilities and entitled to all the rights of natural persons sureties; provided, that the Insurance Commissioner shall have the same jurisdiction and powers to examine the affairs of such corporations as he has in other cases; shall require them to file similar statements and issue to them a similar certificate. And whenever the liabilities of any such corporation shall exceed its assets, the Insurance Commissioner shall require the deficiency to be paid up in sixty days, and if it is not so paid up, then he shall issue a certificate showing the extent of such deficiency, and he shall publish the same once a week for three weeks, in a daily San Francisco paper. And, until such deficiency is paid up, such company shall not do business in this State. In estimating the condition of any such company, the Commissioner shall allow as assets only such as are allowed under existing laws at the time, and shall charge as liabilities, in addition of eighty per cent of the capital stock, all outstanding indebtedness of the company, and a premium reserve equal to fifty per centum of the premiums charged by said company on all risks then in force. [New section, in effect March 16, 1889.] 95 Cal. 599; 97 Cal. 355. § 1057. In any case where an undertaking or bond is authorized or required by any law of this State, the officer taking the same must, except in the case of such a corporation as is mentioned in the next preceding section, require the sureties to accompany it with an affidavit that they are each residents and householders, or freeholders, within the State, and are each worth the sum specified in the undertaking or bond, over and above all their just debts and liabilities, exclusive of property exempt from execution; but when the amount specified in the undertaking or bond exceeds three thousand dollars, and there are more than two sureties thereon, they may state in their affidavits that they are severally worth amounts less than the amount specified in the undertaking or bond, if the whole amount be equivalent to that of two sufficient sureties. Any corporation such as is mentioned in the next preceding section, may become one of such sureties. No such corporation shall be accepted in any case as a surety whenever its liabilities shall exceed its assets as ascertained in the manner provided in section ten hundred and fifty-six. [Amendment in effect March 16, 1889.] 52 Cal. 448; 97 Cal. 355; 106 Cal. 46; 122 Cal. 208; 128 Cal. 669. PART III. TITLE VI. Of the Voluntary Dissolution of Corporations. SEC. 1227. How dissolved. 1228. Application, what to contain. 1229. Application, how signed and verified. 1230. Filing application and publication of notice. 1231. Objections may be filed. 1232. Hearing of application. 1233. Judgment roll and appeals. 1234. Application of savings and loan society. § 1227. A corporation may be dissolved by the Superior Court of the county where its principal place of business is situated, upon its voluntary application for that purpose. [Amendment in effect March 16, 1880.] 81 Cal. 386; 84 Cal. 365. § 1228. The application must be in writing, and must set forth: 1. That at a meeting of the stockholders or members called for that purpose, the dissolution of the corporation was resolved upon by a two-thirds vote of all the stockholders or members. 2. That all claims and demands against the corporation have been satisfied and discharged. § 1229. The application must be signed by a majority of the board of trustees, directors, or other officers having the management of the affairs of the corporation, and must be verified in the same manner as a complaint in a civil action. 47 Cal. 133. § 1230. If the court is satisfied that the application is in conformity with this title, the judge thereof must order it to be filed with the clerk, and that the clerk give not less than |