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$ 1397. When a fine is imposed upon a corporation on conviction, it may be collected by virtue of the order imposing 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.


Chapter I. Proceedings in Justices' and Police Courts. SEC. 1427. When warrant of arrest must issue-Form of warrant.

§ 1427. If the Justice of the Peace, or Police Judge, is satisfied therefrom that the offense complained of has been committed, he must issue a warrant of arrest, which must be substantially in the following form :

"County of

"The People of the State of California to any Sheriff, Constable, Marshal, or Policeman in this State:

Complaint upon oath having been this day made before me,

(Justice of the Peace or Police Judge, as the case may be), by C. D., that the offense of (designating it generally) has been committed, and accusing E. F. thereof; you are therefore commanded forthwith to arrest the above named E. F. and bring him before me forthwith, at (naming the place). “Witness my hand and seal at


day of A. D.

"A. B." If it appears that the offense complained of has been committed by a corporation, no warrant of arrest need issue, but the Justice of the Peace or Police Judge must issue a summons substantially in the form prescribed in section thirteen hundred and ninety-one. Such summons must be served at the time and in the manner designated in section thirteen hundred and ninety-two. At the time named in the summons the corporation may appear by counsel and answer the complaint. If it does not appear, a plea of not guilty must be entered, and the same proceedings had therein as in other cases. [Amendment approved March 21, 1905; in effect in sixty days.]

Note.—$ 1427. The changes consist in the matter providing a mode for compelling a corporation to appear in response to a complaint accusing it of a misdemeanor.


SEC. 19. Certain statutes preserved. $ 19.

Nothing in either of the four Codes affects any of the provisions of the following statutes, but such statutes are recognized as continuing in force, notwithstanding the provisions of the Codes, except so far as they have been repealed or affected by subsequent laws :

20. An Act concerning gas companies, approved April fourth, eighteen hundred and seventy.

139 Cal. 183. [See Act concerning gas companies, in Appendix.]





SEC. 380. Governor may order inquiry into affairs of a corporation.

§ 380. In addition to those prescribed by the Constitution, the Governor has the power and must perform the duties prescribed in this and the following sections :

6. He may require the Attorney-General or District Attorney of any county to inquire into the affairs or management of any corporation existing under the laws of this State.





SEC. 594. Eligibility.

595. General duties of.
596. Business of insurance not to be transacted without his cer-

597. To examine affairs of companies, when.
598. Fines imposed if companies refuse.
599. May issue subpænas.
600. Proceedings on insolvency of companies.
601. Proceedings on failure to make up capital.
602. What constitutes insolvency.
603. Must keep a record.
604. May employ actuary, when.

SEC. 605. Fees to be paid to Commissioner.

606. Assessments for deficiency in salary and expenses. 607. Certain certificates to be filed in his office. 608. Same. 609. May determine name of new corporation. 610. Statements to be made by insurance companies. 611. Statements, contents, publication, and filing. 612. Showing to be made in. 612a. Liability of casualty insurance companies and loss reserve. 613. Statement by life, health, and accident companies. 614. Stock notes, how computed. 615. To furnish blanks. 616. Agent upon whom process may be served. 617. Penalty for failure to make statement. 618. Securities deposited by companies. 619. Deposits, receipts for. 620. Deposits returned, when. 621, Examination of securities, deficiencies. 622. Retaliatory clause. 622a. Taxation of insurance companies. 623. Bonds to be filed. 624. Same. 625. To furnish Assessor with certain information. 626. Securities. 627. Statement to be based on gold coin values. 628. Salary of Commissioner. 629. Salary of deputy. 630. Contingent expenses. 631. Location of office. 632. Official bond. 633. Conditions precedent to license of agent.

634. Registry of policies, deposits for security of. $ 594. No person is eligible to the office of Insurance Commissioner or deputy, who is an officer, agent, or employé of an insurance company.

$ 595. The Insurance Commissioner must receive all bonds and securities of persons engaged in the transaction of insurance business in this State, and file and safely keep the same in his office, or deposit them as provided in this article. He must examine and inspect the financial condition of all persons engaged or who desire to engage in the business of insurance ; issue a certificate of authority to transact insurance business in this State to any persons in a solvent condition who have fully complied with the laws of this State and are in nowise in arrears to the State or to any county or city of the State for fees, licenses, taxes, or penalties accrued upon business previously transacted in the State; determine the sufficiency and validity of all bonds and other securities required to be given by persons engaged, or to be engaged, in insurance business, and cause the same to be renewed in case of the insufficiency or invalidity thereof; and perform all other duties imposed upon him by the laws regulating the business of insurance in this State, and enforce the execution of such laws; prepare and furnish on demand, to all persons engaged in the insurance business, blank forms for such statements or reports as may by law be required of them; make, on or before the first day of August in each year, a report to the Governor of this State, containing a tabular statement and synopsis of the reports which have been filed in his office, showing, generally, the condition of the insurance business and interests in this State, and other matters concerning insurance, and a detailed statement, verified by oath, of the moneys and fees of office received by him, and for what purpose; and whenever any insurance company doing business in this State shall voluntarily surrender to the Insurance Commissioner its certificate of authority previously granted, thereby withdrawing from business in this State, the Commissioner must make due publication of such surrender and withdrawal, daily for the period of one week, in each of two daily newspapers, the one published in the City of San Francisco, and the other in the City of Sacramento. It is further enacted, That if any action hereafter commenced in any District Court of this State, by a citizen thereof against a ign corporation or company doing insurance business in this State, such corporation or company shall transfer, or cause to be transferred, such action to the United States Circuit Court, the right of such corporation or company to transact insurance business in this State shall thereupon and thereby cease and determine; and the Insurance Commissioner shall immediately revoke the certificate of such corporation or company authorizing it to do business in this State, and publish such revocation, daily, for the period of two weeks, in each of some two daily newspapers, the one published in the City of San Francisco, and the other in the City of Sacramento. [Amendment in effect April 1, 1878.]

128 Cal. 539.

$ 596. No person or company must transact insurance business in this State without first procuring from the Insurance Commissioner a certificate of authority, as in this chapter provided; and all policies issued or renewed, and all insurances taken before obtaining such certificate of authority, are null and void ; and any person who as agent or pretended agent of any insurance company, or other person, shall, without the possession of such certificate of authority, solicit, issue, or procure to be issued in this State any policy of insurance, shall forfeit to the people of this State the sum of two hundred dollars for each and every policy so issued, or procured to be issued. But any company or corporation belonging to any other State or country, having policies of life insurance outstanding in this State, and that were issued in accordance with the laws of this State, shall have the right to maintain a special agent in this State for the collection of renewal premiums on such policies, and the Commissioner is hereby authorized to issue to the duly appointed special agent of such company or corporation, a certificate authorizing him to collect such renewal premium ; such certificate to be issued on the production to the Commissioner of satisfactory evidence that such company or corporation is authorized to transact life insurance business in the State or country to which it belongs. And any person who, as agent of either the insured or insurer, shall collect such renewal premiums, must, on or before the tenth day of January, annually, file with the Commissioner a statement under oath showing the gross amount of such annual premiums collected by him during the year ending on the thirty-first day of December next preceding, and pay into the office of the Commissioner the sum of twenty dollars, gold coin of the United States. Failing to make such statement and payment within the time named, such person shall forfeit to the people of the State of California the sum of one hundred dollars for each and every policy so renewed by the payment to him of such renewal premium. All penalties and forfeitures under this section must be collected by the Insurance Commissioner, and for the purposes of such collections, suits may be instituted by him, in the name of the people of the State of California, in any court of competent jurisdiction. [Amendment approved April 26, 1880; took effect sixty days after passage; repealed conflicting Acts.]

80 Cal. 40; 98 Cal. 7.

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