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.

or

SEC. 17. The collection of all moneys assessed as herein provided, for the payment of salaries and annual expenses, 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 designated 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and ninety-three, and all Acts amendatory thereof, are hereby repealed.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.

EMPLOYMENT AGENTS.

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 representation 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 person making application to said agent for registration, information or assistance, such as is described in section two hereof; the name of each such person to whom such registration or information is furnished; and the amount received in each such case therefor; the name of each person who, having received and paid for, as herein contemplated, registration, information or assistance such as is described in section two hereof, fails to secure the employment regarding which such registration, information or assistance is furnished, together with the reason why said employment was not by said person secured, and the name of each person to whom return is made, in accordance with the provisions of section three hereof, of any money or other consideration such as is in said section named, together with the amount of said money, or the value of said consideration, thus returned.

SEC. 7. Each employment agent in the State of California shall permit the Commissioner of the Bureau of Labor Statistics of said State, by himself, or by his deputies or agents, to have at all times access to, and to inspect, the record in section six hereof named, and upon demand in writing therefor by said Commissioner, shall furnish to such Commissioner a true copy of said record, or of such portion thereof as said demand in writing shall require a copy of to be thus furnished.

SEC. 8. Any employment agent or other person violating, or omitting to comply with, any of the provisions of this Act, shall be deemed guilty of misdemeanor, and upon conviction shall be punished by fine not exceeding five hundred (500) dollars, or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment in the discretion of the court.

SEC. 9. All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed.

SEC. 10. This Act shall take effect from and after the date of its passage.

FALSE REPORTS.

An Act to amend an Act entitled "An Act to protect stockholders and persons dealing with corporations in this State," approved March 29th, 1878, and all Acts amendatory thereof, and to repeal all laws in conflict therewith.

[Approved March 22, 1905.]

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

SECTION 1. Any superintendent, director, secretary, manager, agent, or other officer, of any corporation formed or existing under the laws of this State, or transacting business in the same; and any person pretending or holding himself out as such superintendent, director, secretary, manager, agent, or other officer, who shall willfully subscribe, sign, indorse, verify, or otherwise assent to the publication, either generally or privately, to the stockholders or other persons dealing with such corporation, or its stock, any untrue or willfully and fraudulently exaggerated report, prospectus, account, statement, of operations, values, business, profits, expenditures or prospects, or other paper or document intended to produce or give, or having a tendency to produce or give, to the shares of stock in such corporation a greater value or less apparent or market value than they really possess, or with the intention of defrauding any particular person or persons, or the public, or persons generally, shall be deemed guilty of a felony, and on conviction thereof, shall be punished by imprisonment in State prison or a county jail not exceeding two years, or by fine not exceeding five thousand dollars, or by both.

SEC. 2. All Acts and parts of Acts in conflict with this Act are hereby repealed.

See also § 564 of the Penal Code.