Imágenes de páginas
PDF
EPUB

§ 625e. Withdrawal of deposit upon ceasing to do business. Every corporation, company, association, copartnership or individual that has made a deposit with the treasurer of the state of California in conformity with and under the provisions of this act, may, upon ceasing to do business within the state, maintain an action against the treasurer of the state of California to withdraw its deposit. It shall be the duty of the attorney-general to defend such action and if upon judgment being rendered therein, it shall be found that said corporation, company or association has no liabilities within the state, the treasurer of the state of California shall return to said corporation, company or association, or to its order, the cash or securities deposited by it under the provisions of this act, but all expenses of such suit shall in any event be paid by such corporation, company or association.

See note to 8 635a.

Legislation § 6.5e. Added by Stats. 1905, p. 158. § 635f. Right to substitute securities for cash deposit. Every corporation, company, association, copartnership or individual depositing cash or securities with the treasurer of the state of California, in conformity with the provisions of this act, shall have the right to substitute securities in equal value for cash deposited, or other securities of like value for those on deposit upon securing the approval of the treasurer of the state of California, to said exchange, and the treasurer is hereby authorized to permit such exchange of cash for securities, or securities for other securities, or securities for cash deposited by such corporation, company or association if in his judgment such securities are equal in value to the amount of cash provided by law to be deposited. Every corporation, company or association so making a deposit in compliance with or under the provisions of this act may collect and use any dividend, interest or profits arising on or from any securities deposited with the treasurer of the state of California, provided such security is not thereby depreciated in value.

See note to $ 635a.

Legislation & 635f. Added by Stats. 1905, p. 159. § 635g. Amount of money to be loaned out of reserve fund. Collateral may be deposited with treasurer. No corporation, company, association, copartnership or individual doing business within this state as an investment company as hereinbefore defined shall hereafter lend to holders of bonds, debentures or certificates of investment, out of its reserve fund, any amount greater than the proportionate share of such bond, debenture or certificate of investment in said reserve, and whenever such loan is made it shall be evidenced by the note of the borrower and secured by a deposit as collateral security, of the bond, debenture or certificate of investment on which the same is made. Any collateral so taken may be deposited with the treasurer of the state of California as a part of the deposit hereinbefore required and it may be computed as making so much of said required deposit as the proportionate share of such bonds, debentures or certificates of investment so deposited as the entire reserve fund amounts to, not exceeding, however, the amount loaned.

See note to 8 635a.
Legislation 8 635g. Added by Stats. 1905, p. 159.

$ 635h. Reserve fund. Every corporation, company, association, copartnership or individual doing business within this state as an investment company as herein before defined shall apportion not less than forty per cent of every partial payment or installment received from the sale of any bond or bonds, debenture or debentures, certificate or certifieates of investment as a reserve fund; said reserve may be invested from time to time within the discretion of the board of directors or governing body of such corporation, company, association, copartnership or individual.

See note to $ 635a.

Legislation § 635h. Added by Stats. 1905, p. 160. $ 635i. Duty of attorney-general. The attorney-general of the state of California shall, at any time that he may deem proper, or at any time upon the complaint of any holder of any bond or bonds, debenture or debentures, certificate or certificates of investment by whatever name they may be known or designated, make any examination of the affairs of any corporation, company or association doing business within this state as an investment company as herein defined, and inquire into the investments of the reserve fund of such corporation, company or association and if upon such examination it shall be ascertained that any corporation, company or association so doing business has not assets to equal in value the total amount of reserve as in the last section required with interest thereon at three and a half per cent per annum compounded annually from the time of the sale of such bonds, debentures or eertificates of investment, he shall commence an action in the name of the people of the state of California to restrain and enjoin said corporation from doing business and unless said reserve is made to equal the amount required before judgment is rendered in said action, judgment shall be rendered restraining and enjoining said corporation, company or association from doing business within this state, and he shall in his discretion institute proceedings against such company, corporation, association, copartnership or individual to have it declared bankrupt.

See note to $ 635a.

Legislation § 635i. Added by Stats. 1905, p. 160. $ 635j. Violation of the provisions of this act. Penalty. Every offifer, agent or representative of any corporation, company or association doing business within this state as an investment company as herein. before defined, who shall place or sell any bond or bonds, debenture or debentures, or certificate, or certificates of investment of any company that has not complied with the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars, and not more than five hundred dollars, for each offense, or by imprisonment in the county jail for not less than thirty days, nor more than six months, or by both such fine and imprisonment.

See note to $ 635a.

Legislation § 635j. Added by Stats. 1905, p. 160. $635k. Not to do business until deposit is made. No person, firm, corporation, company, copartnership or individual shall issue, sell or dispose of any species of bond or bonds, debenture or debentures, certifi

cate or certificates of investment on the partial payment or installment plan whereby the holder or holders of such bond or bonds, debenture or debentures, or certificate or certificates of investment are or may become entitled to claim and receive from such person, firm, company, association, or copartnership a return, either at a definite or indefinite time in cash, or in merchandise, or in property, for the payment of installments so paid, and wherein or whereby the holder may be subject to a fine or penalty or forfeiture for nonpayment of such partial payments or installments, without having complied with the provisions of this act and first made the deposit required by section 2 of this act.

See note to 8 635a.

Legislation § 635k. Added by Stats. 1905, p. 161. § 635 1. Application. All provisions of this act providing for the mak. ing of said deposits, the exchange of securities and the penalties for selling said bonds, debentures or certificates shall apply to all persons, corporations, associations, firms or copartnerships engaged in the business of investment companies as herein defined.

See note to § 635a.
Legislation & 635 1. Added by Stats. 1905, p. 161.

ARTICLE XVII.

Fish Commissioners. $ 612. Duties of fish and game commissioners. Fish, etc., seized to be

donated to charitable institutions. Importation of game birds,

etc. Report. $ 643. No compensation.

Code commissioners' note to Article XVII. “Founded upon act of 1870 (Stats. 1869-70, p. 664). The penal clause has been transferred to the Penal Code."

§ 642. Duties of fish and game commissioners. Fish, etc., seized to be donated to charitable institutions. Importation of game birds, etc. Report. It is the duty of the fish and game commissioners:

1. To see that the laws for the protection and preservation of wild mammals, wild birds, fishes, mollusks, crustacea, and all other forms of aquatie animals and plants are strietly enforced, and for that purpose they may, from time to time, employ such assistants as they shall consider necessary, which persons so appointed as assistants shall be public officers and shall have all the powers and authority of sheriffs and other peace officers to make arrests for violations of such laws and to serve all processes and notices, throughout the state. The fish and game commissioners, or their regular salaried deputies or assistants, shall inspect all buildings, other than dwellings, and all receptacles, other than the clothing actually worn by a person at the time of inspection, where game or fish may be stored or placed, and all boxes and packages containing fish or game that are held for transportation by any transportation company or common carrier, and it shall be the duty of the fish and game commissioners, or their regular salaried deputies or assistants, to inspect regularly all boats, markets, stores, and other buildings, except dwellings, where game or fish is held for sale or storage, and all boxes and packages containing fish or game that are held for transportation by any transportation company or common carrier.

2. The fish and game commissioners, or their assistants, shall seize and take possession of all game or fish, or any part thereof, which has been caught, taken, killed or had in possession, or held under control, or sold or offered for sale, or shipped or offered for shipment contrary to any of the laws of this state, and all such game or fish, or any part thereof, which may be so seized and taken possession of by the fish and game commissioners, or their assistants, shall be donated by them to some ebaritable or public institution, or shall be otherwise disposed of, as may be ordered by the court having jurisdiction,

3. To establish and maintain fish-breederies for stocking the waters of this state with foreign and native fish.

4. To purchase and import spawn or ova of fish suitable for food. 5. To stock with such spawn the waters of this state. 6. To employ persons skilled in fish and game breeding to assist them in their duties.

7. To furnish plans for and to direct and compel the construction and repair of fish ladders and ways upon dams and obstructions. 8. To provide for the importation of game birds and animals and for the propagation, distribution and protection of imported or domestic game birds or animals, and for that purpose to acquire, by lease or otherwise, such land as may be deemed necessary for the purpose of establishing state game farms, and to distribute the output of such game farm or farms on public lands, or where, in the judgment of the fish and game commissioners, such birds or animals will receive adequate protection and be most likely to thrive and multiply.

9. To report biennially to the governor a statement of all their transartions and disbursements. [Amendment approved 1915; Stats. 1915, p. 727.]

Fishways in streams frequented by migratory fish, construction of: See Pen. Code, $ 637.

Creation of office of fish and game warden: See post, $$ 4149b-4149d.
Report of fish commissioners: Ante, $$ 332, 333.
Civil executive officers, three fish commissioners are: Ante, $ 343.
Appointment and term of office: Ante, $$ 368, 369.

Legislation & 642. 1. Enacted March 12, 1872. See supra, tit. “Code commissioners' note to Article XVII.” 2. Amended by Code Amdts. 1877–78, p. 21. 3. By Stats. 1909, p. 747. 4. By Stats. 1915, p. 727. $ 643. No compensation. The commissioners receive no compensation.

Legislation & 643. Enacted March 12, 1872. See supra, tit. "Code commissioners' note to Article XVII."

ARTICLE XVIII.

Board of Control. § 654. Board of control. Bond. Secretary and clerks. § 655. Salary of board of control. $ 656. Sessions of board. § 657. Record of proceedings. $ 658. Vice-chairman. Rules. § 659. Chairman may issue subpoenas. Depositions. $ 660. Examining books of state institutions. $ 661. Visiting state institutions. § 662. Reports of examinations. Claims against state. $ 663. Claims against state. $ 661. Personal claim against state. Majority to allow claim. 8 666. Approved claims to controller. $ 666. Disapproved claims. $ 667. Claims for which no appropriation was made. $ 668. Rules for audit claims. $ 669. Claims to be presented at least four months before legislature

meets. Recommendation to legislature. § 670. Report to legislature and controller. $ 671. Rehearing on claim once rejected. Appeal to legislature. § 672. Controller may draw warrant only after approval by board. § 673. Board may notify treasurer not to pay warrant. $ 674. Legislative contingent funds exempt. § 675. Monthly count of money in treasury. Publication of count. 8 676. Investment of school funds. § 677. Money in estates of deceased persons' fund to be invested in

bonds. Bonds delivered to treasurer. $ 678. City, county and district authorities to notify board and treasurer

of bonds for sale. $ 679. Board may purchase bonds to be sold by treasurer. $ 680. Creation of deficiencies. $ 680. Sale of property belonging to state. $ 681. Sale of property belonging to state. $ 682. Board to supervise financial policies of state. $ 683.

Contracts for supplies to be submitted to board. Permission to

purchase supplies in open market. $ 684. Board of examiners shall mean board of control. § 685. Reports of supplies purchased to be made to board. § 686. Department of public accounting. Superintendent, etc. $ 687. Uniform system of accounting for state officers. § 688. Financial and statistical reports. $ 689. Department may examine books, etc., of public officer. § 690. Neglect to file reports, etc. $ 691. Biennial report.

Legislation Article XVIII. The old Article XVIII relating to the board of examiners and consisting of $8 654–685 was repealed by Stats, 1911, p. 591, and a new Article XVIII creating the Board of Control and consisting of $$ 654–691 was enacted in its place. See Stats. 1911, pp. 591 et seq.

§ 654. Board of control. Bond. Secretary and clerks. A state board of control is hereby created to consist of three members who shall be appointed by the governor and hold oflice at his pleasure. The governor shall designate the chairman of such board and shall fill vacancies occurring from any cause in the membership thereof. The members of such

« AnteriorContinuar »