APPENDIX.

An Act concerning Corporations and Persons engaged in the Business of Banking.

Approved April 1, 1876.

Banks to publish and record Semi-annual Statements.

SECTION 1. Every corporation, and all persons, and every person hereafter doing a banking business in this State, shall, in January and July of every year, publish in at least one newspaper published in the county in which the principal office of such corporation may be situated, or in which said person or persons may reside, and also file for record, in the recorder's office of said county, a sworn statement, verified, in the case of any such corporation, by its president or manager, and by its secretary or cashier, and in the case of any such individual or individuals, by him or them, of the amount of capital actually paid into such corporation, or into such banking business; provided, that nothing shall be deemed capital actually paid in except money bona fide paid into the treasury of such bank, and under no circumstances shall the promissory note, check, or other obligation of any director or stockholder, or of the proprietors or proprietor of any such bank, be treated, computed, or in any manner considered any part of such actually paid-in capital. If no newspaper of general circulation be published in the aforementioned county, then and in that case, such publication of said statement shall be made in at least one newspaper of general circulation published in the city and county of San Francisco, and in one newspaper of general circulation published in the city and county of Sacramento.

Assets and Liabilities to be described.

SEC. 2. Every corporation, and all persons, and every person hereafter doing a banking business in this State,

shall likewise publish in such newspaper or newspapers, and shall also file for record, in the recorder's office of said county, in January and July of each year, a like sworn statement of the actual condition and value of its assets and liabilities, and where said assets are situated.

Liability for making False Statement.

SEC. 3. The directors of every such corporation which shall publish or file for record, as aforesaid, a false statement of the amount of capital actually and bona fide paid into such corporation, or a false statement of the actual condition and value of its assets and liabilities, or as to where said assets are situated, shall be jointly and severally liable to any person thereafter dealing with such corporation to the full extent of such dealing; and no corporation, and no person or persons who fail to comply with the provisions or any of the provisions of this law, shall maintain or prosecute any action or proceeding in any of the courts of this State until they shall have first duly filed the statements herein provided for, and in all other respects complied with the provisions of this law; nor shall any assignee or assignees of any such corporation or person whose assignment shall be made subsequent to any such failure to comply with the provisions of this law, maintain any action or proceeding in any court of this State until his or their assignor or assignors shall have first duly complied with the provisions of this law.

Foreign Banking Corporations.

SEC. 4. Where any of such banking corporations shall be foreign, the statements herein before provided shall be verified by the agent or manager of the business of such corporation resident in this State, who shall be subject to the same liabilities herein provided as against directors of any such banking corporation, and also as against every such bank officer.

Recorder to keep Records.

SEC. 5. The recorder of each county of this State shall keep two sets of well-bound books for the record of the sworn statements herein provided for, respectively, one of which sets of books shall be labeled "Statements of Banking Capital," and the other "Statements of Banking Assets,"

and said recorder shall, upon the payment of his fees for the same, record separately said respective sworn statements in its appropriate book, and shall keep a separate index of each of said sets of books. Said original sworn statements need not be acknowledged in order to be recorded as aforesaid, but must be verified as aforesaid before some judge or officer of this State authorized to take affidavits to be used before any court in this State, and shall always remain and be kept on file in the office of said recorder.

Fees of Recorder.

SEC. 6. The recorder of every county in this State shall receive, for recording any of the sworn statements herein. provided for, for every folio, twenty-five cents; and for noting on any such sworn statement the time when and the place where recorded, twenty-five cents; and for certified copies of such sworn statements, to which any one paying for the same shall be entitled, twenty-five cents per folio. SEC. 7. This Act shall take effect from and after its passage.

An Act to confer certain powers upon Corporations, organized for the purpose of discovering and preventing Fires, and of saving property and human life from conflagration.

Approved April 1, 1876.

Power to equip and employ men as Fire Patrol.

SECTION 1. Any corporation of underwriters heretofore organized, and now existing, or which may be hereafter organized, under the laws of this State, for the purpose of discovering and preventing fires, and of saving property and human life from conflagration, and doing business within any municipal corporation of this State, shall have power, at its own proper cost and expense, to maintain a corps of men, with proper officers, equipped with the necessary machinery and apparatus therefor, whose duty it shall be, so far as practicable, to discover and prevent fires, and save property and human life from conflagration; and for the effective discharge of such duties, power and authority is hereby granted to such corps to enter any building on fire, or in which property is on fire, or which such corps, or any officer thereof, shall deem to be immediately exposed to any existing fire, or in danger of taking fire from a burn

ing building, and to remove or otherwise save and protect from conflagration or damage by water, any property, during and immediately after such fire; provided, however, that nothing in this act shall be so construed as in any degree to lessen, impair or interfere with the powers, privileges, duties or authority of the regular fire department of such municipality; and provided, further, that no act of such corps shall justify any owner of any building or property, in abandoning such building or property.

Privileges granted to Fire Patrol Corps.

SEC. 2. Such corporation, with its officers and corps, when running to a fire, shall, with its horses, vehicles and salvage apparatus, have the same right of way as is, or may be bestowed by any ordinance of the municipality or law of this State upon the regular fire department of the municipality wherein such corporation is acting; provided, that the rights of such fire department shall always be paramount to the rights of said corporation. All ordinances now existing, or which may hereafter be passed by the municipal authorities of any city and county, or of any incorporated city or town wherein such a corporation may carry on business, and all laws of this State applicable to such city and county, or city or town for the conviction and punishment of any person or persons willfully or carelessly obstructing the progress of the apparatus of the fire department of such city and county, or city or town while going to a fire, or of any person or persons willfully or carelessly injuring any animal or property of said fire department, shall be equally applicable to any person or persons willfully or carelessly obstructing the progress of the apparatus of such corporation while going to a fire, and to any person or persons who shall willfully or carelessly injure any animal or property of such corporation; and said laws and ordinances, and their penalties, may be enforced in the same courts and in the same manner, and with equal force and effect, as in the case of the fire department.

Costs and expenses of maintaining organizatian—How assessed. SEC. 3. Each such corporation shall have power to assess its members for the costs of establishing, upon the basis of insurance business transacted by such members within the

municipality where such corporation is carrying on business, and in such manner as is, or may be provided for by its by-laws, and all assessments so made may be duly enforced under, and by virtue of the laws of this State. For the purpose of ascertaining the basis of such assessments, such corporation shall have power to require and demand from each and every member thereof, quarterly statements, sworn to by the president or secretary, in case the insurance company or member on which demand is made, shall be incorporated under the laws of this State, or otherwise by the agent of the company, who shall be recognized as such by the insurance commissioner of this State, which quarterly statement shall show the aggregate amount of premiums received and receivable for fire insurance upon property within such municipality, by said company or member, during the three months next preceding, respectively the thirty-first day of March, the thirtieth day of June, the thirtieth day of September, and the thirty-first day of December in each year; and a demand by the secretary or treasurer of such corporation, made within fifteen days after the termination of any such quarter of a year, as hereinabove set forth, shall be considered the demand herein provided for. Any member who shall fail to make such statement within ten days after such demand, shall, for each day's delay, after such ten days, forfeit ten dollars, to be added to such member's next assessment, and payment thereof to be enforced in like manner as is provided for enforcing payment of assessments.

SEC. 4. The act shall take effect and be in force from and after its passage.

An Act to provide for the appointment of Commissioners of Transportation, to fix the maximum charges for Freights and Fares, and to prevent extortion and discrimination on Railroads in this State.

Approved April 3, 1876.

CHAPTER I.

Governor to appoint three Commissioners.

SECTION 1. On or before the fifteenth day of May, eighteen hundred and seventy-six, the Governor shall appoint three competent persons, to be styled Commissioners of Transportation, who shall hold office for the period of two