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same; and in case the donor, at the time of making the donation, designates, in writing, the fund he desires to benefit thereby, such donation must be appropriated accordingly, but if no such designation is made, then it must be paid into the common school fund.

History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 583.
In effect immediately.

$ 456. ASSISTANTS TO STATE TREASURER. The state treasurer may appoint one deputy state treasurer, one bookkeeper, one clerk and one stenographer; all of whom shall be civil executive officers.

[Salaries.] The annual salary of the deputy state treasurer is twenty-seven hundred dollars; of the bookkeeper two thousand four hundred dollars; of the clerk one thousand six hundred dollars and of the stenographer nine hundred dollars. All such salaries shall be paid in the same manner and at the same time as the salaries of other state officers.

History: Amended March 21, 1907, Stats. and Amdts. 1907, p. 759.

In effect immediately. $ 461. PAYMENT OF SALARIES WHEN GENERAL FUND IS EXHAUSTED. When the general fund is exhausted, the state treasurer may advance out of any public fund in his charge, moneys on the controller's warrants, drawn for the salaries of public officers, entitled to monthly payments from the state, keeping such warrants as his vouchers until there is money in the general fund to cancel them, and to place them to his credit; but he must not take any money out of any fund against which there is any warrant then due, or which may become due, nor in any way keep claimants from their just demands.

History: Enacted March 18, 1907, Stats. and Amdts. 1907, p. 582.
In effect immediately.

$ 472. ASSISTANT ATTORNEY-GENERAL. DEPUTIES. The attorneygeneral may appoint one assistant and four deputies, who shall be civil executive officers, and either of whom shall be a member of the state board of examiners, the state commission in lunacy, and the state board of forestry, when the attorney-general is absent from the capitol.

[Salaries.] The annual salary of the assistant shall be three thousand dollars; the annual salary of the first deputy shall be three thousand dollars; the annual salary of the second deputy shall be three thousand dollars; the annual salary of the third deputy shall be twenty-four hundred dollars; the annual salary of the fourth deputy shall be twenty-four hundred dollars. Said salaries shall be paid at the same times, and in the same manner as the salaries of other state officers are paid.

[No special counsel.] Subdivision 1. The attorney-general shall not employ special counsel in any case except those provided in section four hundred and seventy-four of the Political Code.

[Duties of attorney-general.] Subd. 2. The attorney-general shall have charge, as attorney, of all legal matters in which the state is in anywise interested, except the business of the regents of the University of California and of the state harbor commissioners, and no board, officer or officers, or employee of the state, except said regents and said harbor commissioners, shall employ any attorney other than the attorney-general, or one of his assistants or deputies, in any matter in which the state is interested; nor shall any money be drawn out of the treasury, or out of any moneys appropriated out of the treasury, or out of any special or contingent fund under the control of any board, officer or officers, or employee, for the pay of any legal services rendered after the passage of this act, the provisions of any existing statute to the contrary notwithstanding;

[Provisos.] Provided, that whenever a district attorney in any county of this state shall, for any reason, become disqualified from conducting any criminal prosecution within such county, the attorney-general may employ special counsel to conduct such prosecution, and the attorney's fee in such case shall be a legal charge against the state. Provided further, that nothing herein contained shall be construed to prevent or deny the right of any board, officer or officers, or employee of the state to employ or engage counsel in any matter of the state, after first having obtained the written consent so to do of the attorney-general.

[Repeals.] Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed. [In effect, when.] Sec. 4. This act shall take effect immediately.

History: Amendment became a law, under constitutional provision, without governor's approval, March 4, 1907, Stats. and Amdts. 1907, p. 89.

$ 475. CLERKS [AND REPORTER] FOR ATTORNEY-GENERAL. The attorney-general may appoint two clerks, one phonographic reporter and two stenographers for his office.

[Salaries.] The annual salary of each of such clerks shall be sixteen hundred dollars, the annual salary of the phonographic reporter shall be eighteen hundred dollars, and the annual salary of each of such stenographers shall be twelve hundred dollars. Said salaries shall be paid at the same times, and in the same manner as the salaries of other state officers are paid. Said clerks, said phonographic reporter and said stenographers shall be civil executive officers.

[Repeals.] Sec. 3. All acts and parts of acts in confiict with this act are hereby repealed. [In effect, when.] Sec. 4. This act shall take effect immediately.

History: Amendment became a law, under constitutional provision, without governor's approval, March 4, 1907, Stats. and Amdts. 1907, p. 90.

$ 501. FEES OF REGISTER. The register of the state land office for services performed in his office must charge and collect the following fees : For each certificate of purchase or duplicate, three dollars; for each patent or certified copy of record thereof, five dollars; for certifying a contested case to superior court, ten dollars; for copies of papers in his office, twenty cents per folio and one dollar for certificate with the seal attached; and such other fees as may be allowed by law. All fees received by the register shall be paid into the state treasury on the first Monday of each and every month and placed to the credit of the general fund.

History: Amended March 12, 1907, Stats. and Amdts. 1907, p. 240.
In effect immediately.

ARTICLE XIII.

STATE GEOLOGIST.

[Whole article, embracing $ $ 548 to 554, repealed.]

History: Repealed March 18, 1907, Stats. and Amdts. 1907, p. 582.

ARTICLE XIV.

SEALERS OF WEIGHTS AND MEASURES.

[Whole article, embracing $$ 561 to 567, repealed.]

History: Repealed March 21, 1907, Stats, and Amdts. 1907, p. 789.

ARTICLE XVI.

INSURANCE COMMISSIONER,

[Article XVI, of Chapter III, Part III, Title I of the Political Code and each and every

section of said Title [Article] and sections 419, 420, 447, 448, 449 and 451 of the Civil

Code were repealed by the Legislature of 1907, and a new Article XVI substituted in place

thereof in the said Political Code, to read as follows:]

588. Eligibility.

$ 610. Statements to be made by insurance

$589. Salaries.

companies. How verified.

§ 590. [There is no such section].

$ 611. Annual statement by insurance com-

$ 591. Rooms, furniture, etc.

panies of business done in state.

8592. Office.

$ 612. What statements must show.

$ 593. Official bond.

$ 613. Statements of life, health, and acci-

$ 594. Insurance classified.

dent companies.

$ 594a. Foreign companies, deposit of securi $ 614. Stock notes [of mutual companies),

ties.

how computed.

$ 595. General duties of commissioner.

$ 615. To furnish blanks.

$ 595a. Duties of; suits by; revocation of $ 616. Condition of doing business. Agent

license.

upon whom process may be served.

$ 596. Certificate to do business.

$ 617. Penalty for failure to file statement.

$ 596a. Attorney-general to examine docu § 618. Deposit of securities by companies,

ments.

when.

$ 597. Examination of affairs of companies, $ 619. Deposit, certificate for. Contents of.

when.

§ 620. Deposits returned, when.

$ 597a. List of policies of insurance issued by $ 621. Examination of securities. [Deficien-

insurance companies to be fur-

cies to be made up, when.]

nished to the insurance commis $ 622. Retaliatory clause.

sioner.

$ 622a. Tax on gross premiums, other than

598. Policy holders may procure informa-

California companies.

tion about policies.

§ 623. Bonds from foreign corporations to

$ 599. May issue subpænas.

be filed.

$ 600. Records of commissioner.

$ 624. Separate bond required, when.

$ 600a. Restoration of authority after revo $ 625. Commissioner to furnish

cation.

with certain information.

$ 601. Employment of actuary.

$ 625a. List of insurance companies to be

$ 602. What constitutes insolvency.

furnished county clerks.

$ 602a. How conditions of company shall be

$ 626. Full compliance with law to be re-

estimated.

quired.

$ 603. Insolvent companies, notice of revoca $ 627. Settlements, etc., to be based on gold

tion of certificate.

coin values.

$ 604. Report to attorney-general.

$ 628. Separate valuation of policies.

$ 604a. Insolvency proceedings.

$ 629. Life insurance companies must fur-

$ 605. Fees to be paid to commissioner.

nish data for valuation of policies.

606. Assessments for deficiency in salary $ 630. Fraternal societies exempt.

and expenses.

$ 631. Right of action against commissioner.

$ 607. Certificates to be filed in office of. $ 631a. Publication of notice of withdrawal.

8 608. Actions not to be transferred to 8 632. District attorney to be notified of

United States court.

penal offense.

$ 609. May determine name of new corpora $ 633. Power of attorney to act as agent,

tion.

filing duplicate, etc.

assessors

§ 634. Registration of policies of life insur § 634b. Fines, taxes, assessments and penalance companies with.

ties payable on demand. $ 634a. Definition of certain words.

Sec. 2. Accrued actions preserved. $ 588. ELIGIBILITY. No person is eligible to the office of insurance commissioner or deputy who is an officer, agent, or employee of an insurance company.

History: Enacted March 8, 1907, Stats. and Amdts. 1907, p. 141; re

enactment of former $ 594. In effect immediately. $ 589. SALARIES. The annual salary of the insurance commissioner is four thousand dollars and the annual salary of the deputy of the insurance commissioner is two thousand seven hundred dollars.

History: Enacted March 8, 1907, Stats. and Amdts. 1907, p. 141; re

enactment and amendment of former $8 628, 629. In effect immediately. § 590. [There is no such section.]

$ 591. ROOMS, FURNITURE, ETC. The commissioner may procure suitable rooms for his offices and may provide a suitable safe and furniture therefor.

[Expenses.] He may also provide stationery, fuel, printing and other conveniences and assistance and incur traveling and such other expenses as are necessary for the transaction of the business of his office.

[Special fund.] Out of the funds paid into the state treasury by the insurance commissioner, there shall be set aside and reserved each and every year the sum of twenty-five thousand dollars as a special fund to be called the insurance commissioner's special fund.

[Expenditures to be audited.] All expenditures authorized in this section must be audited by the board of examiners, who must allow the same and direct payment thereof to be made, and the controller shall draw warrants therefor on the state treasury for the payment of the same to the insurance commissioner out of the said insurance commissioner's special fund.

History: Enacted March 8, 1907, Stats. and Amdts. 1907, p. 141, sub

stantial re-enactment of former $ 630. In effect immediately. $ 592. OFFICE. The commissioner must keep his office in the city of San Francisco.

History: Enacted March 8, 1907, Stats. and Amdts. 1907, p. 141, re

enactment of former $ 631. In effect immediately. $ 593. OFFICIAL BOND. The commissioner must execute an official bond in the sum of twenty thousand dollars.

History: Enacted March 8, 1907, Stats. and Amdts. 1907, p. 141, re

enactment and amendment of former $ 632. In effect immediately. 3 594. INSURANCE CLASSIFIED. All insurance business in the state of California is hereby classified in the thirteen kinds as follows:

1. Life insurance business, including endowments and annuities, but not including health or accident or sickness insurance or any casualty insurance as hereinafter provided.

2. Fire insurance, but not including any marine insurance, nor any inland navigation insurance, nor any casualty insurance as hereinafter provided.

3. Marine insurance, including ocean and inland risks, transportation and automobiles, but not including any casualty insurance as hereinafter provided.

4. Title insurance, including insuring owners of real or personal property, or others interested therein, against loss by encumbrance, or defective titles, or adverse claim to title, either together with or without examination of title, or furnishing information relative thereto.

5. Fidelity and surety insurance, including the guaranteeing of persons holding places of public or private trust and guaranteeing the performance of contracts other than insurance policies and guaranteeing and executing all bonds, undertakings and contracts of suretyship.

6. Accident insurance, and either sickness or health insurance, including insurance against injury, disablement or death resulting from traveling or general accident, and against disablement resulting from sickness, and every insurance appertaining thereto.

7. Plate glass insurance, including all insurance against breakage of glass, whether local or in transit.

8. Liability insurance, including all insurance against loss or damage resulting from accident to or injury, fatal or non-fatal, suffered by an employee or other person for and supon) which the insured is liable.

9. Boiler and machinery insurance, including insurance upon steam boiler, and upon pipes, engines, and machinery connected therewith and operated thereby, against explosion and accident, and against loss or damage to life, person or property, resulting therefrom.

10. Burglary insurance, including insurance against loss by burglary, house breaking or theft.

11. Credit insurance, including insurance or guarantee either by agreement to purchase uncollectable debts or otherwise, to insure against loss or damage from the failure of persons indebted or to become indebted to the insured or to meet existing or contemplated liabilities.

12. Sprinkler insurance, including insurance against loss or damage by water to any goods or premises arising from the breakage or leakage of sprinklers or water pipes.

13. Miscellaneous insurance, including any and all casualty insurance not included under any of the foregoing twelve kinds, and which is a proper subject of insurance.

[Capital stock required for life insurance.] After January 1st, 1908, no company having a capital stock shall do in California any of said first kind of insurance without having a capital stock of at least two hundred thousand dollars nor shall any such company do in California any other of said kinds of insurance except the sixth and eighth,

[Proviso.] Provided that any such insurance company desiring to do the kind of insurance embraced within either the sixth or eighth kind must have in addition to such two hundred thousand dollars of capital stock, at least fifty thousand dollars of capital stock and to do the kind of insurance embraced within both the sixth and eighth kinds at least the sum of one hundred thousand dollars capital stock in addition to the said two hundred thousand dollars of capital stock required to do the first kind of insurance.

[Capital stock required for fire companies.] After January 1st, 1908, no company having a capital stock shall do in California any of said second kind of insurance without having a capital stock of at least two hundred thousand

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