days, or by both such fine and imprisonment; and all fines imposed and collected for violation of any of the provisions of this section shall be paid into the State treasury to the credit of the "Fish Commission Fund"; provided, that the continuance from day to day of the neglect or refusal, after notification in writing by the State Board of Fish Commissioners, shall constitute a separate offense for each day. [Amendment approved March 18, 1905; in effect immediately.] § 637. Every owner of a dam or other obstruction in any running water of this State who, after being ordered and notified by the Fish Commissioners to construct a fish ladder on or to repair a fish ladder already constructed on such dam or other obstruction according to the plans of the Fish Commissioners, fails to construct or repair such fish ladder within thirty days after such notice. is guilty of a misdemeanor, and upon conviction shall pay a fine of not less than fifty dollars nor more than two hundred, or by imprisonment in the county jail in which such conviction is had of not less than twenty-five days nor more than one hundred days. 2. One half of all moneys collected as fines for violations of the provisions of this Act shall be paid to the informer, one fourth to the District Attorney of the county where the conviction is secured, and the remaining one fourth shall be paid to the State Board of Fish Commissioners of this State, to be by them used for the purposes and in conformity of "An Act to authorize the State Board of Fish Commissioners to import game birds into the State for propagation," approved March sixteenth, eighteen hundred and eighty-nine. [Amendment in effect March 11, 1891.] § 654a. Any person, firm or corporation doing business in this State as a merchant, who advertises or displays any brand of goods known to the general public and quotes prices in connection therewith as an inducement to attract purchasers to the place of business so advertised, who shall make verbal or show printed or written false statements regarding the quality or merits of the goods advertised, is guilty of a misdemeanor. [New section; approved March 18, 1905; in effect in sixty days.] PART I. TITLE XVI. SEC. 679. Coercion or compulsion of persons seeking employ ment. § 679. Any person or corporation within this State, or agent or officer on behalf of such person or corporation, who shall hereafter coerce or compel any person or persons to enter into an agreement, either written or verbal, not to join or become a member of any labor organization, as a condition of such person or persons securing employment or continuing in the employment of any such person or corporation, shall be guilty of a misdemeanor. [New section; in effect March 14, 1893.] Chapter IX. SEC. 1390. PART II. TITLE X. Proceedings Against Corporations. Summons upon information against corporations. 1391. Form of summons. 1394. 1395. 1396. 1397. Certificate of magistrate and return of depositions. Fine on conviction, how collected. § 1390. Upon an information or presentment against a corporation, the magistrate must issue a summons signed by him, with his name of office, requiring the corporation to appear before him, at a specified time and place, to answer the charge, the time to be not less than ten days after the issuing of the summons. § 1391. The summons must be substantially in the following form: "The people of the State of California to the (naming the corporation): "You are hereby summoned to appear before me at (naming the place), on (specifying the day and hour), to answer a charge made against you upon the information of A. B. (or the presentment of the grand jury of the county, as the case may be), for (designating the offense generally). of "Dated at the city (or township) of "Justice of the Peace" (or as the case may be). § 1392. The summons must be served at least five days before the day of appearance fixed therein, by delivering a copy thereof and showing the original to the president or other head of the corporation, or to the secretary, cashier, or managing agent thereof. § 1393. At the appointed time in the summons, the magistrate must proceed to investigate the charge in the same manner as in the case of a natural person, so far as these proceedings are applicable. § 1394. After hearing the proofs, the magistrate must certify upon the depositions, either that there is or is not sufficient cause to believe the corporation guilty of the offense charged, and must return the deposition and certificate, as prescribed in section eight hundred and eighty-three. § 1395. If the magistrate returns a certificate that there is sufficient cause to believe the corporation guilty of the offense charged, the grand jury may proceed, or the District Attorney file an information thereon, as in case of a natural person held to answer. [Amendment in effect April 9, 1880.] § 1396. If an indictment is found, or information filed, the corporation may appear by counsel to answer the same. If it does not thus appear, a plea of not guilty must be entered, and the same proceedings had thereon as in other cases. [Amendment in effect April 9, 1880.] § 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. PART II. TITLE XI. 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: me, "Complaint upon oath having been this day made before (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 A. D. this day of "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. POLITICAL CODE. 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. Section 1, of the Act approved March 8, 1907, reads as follows: SECTION 1. Article XVI, of Chapter III, Part III, Title I of the Political Code and each and every section of said title, and Sections 419, 420, 447, 448, 449 and 451 of the Civil Code are hereby repealed and a new Article XVI is substituted in place thereof in the said Political Code, to read as follows: ARTICLE XVI. INSURANCE COMMISSIONER. § 588. Eligibility. No person is eligible to the office of Insurance Commissioner or deputy who is an officer, agent, or employé of an insurance company. [New section; approved March 8, 1907; in effect immediately.] |