§ 630. FRATERNAL SOCIETIES EXEMPT. Secret or fraternal societies, lodges, or councils incorporated or organized for the purpose of mutual protection and relief of their members and for the payment of stipulated sums of money to their members or to the beneficiaries of deceased members which conduct their business and secure membership on the lodge system exclusively, having ritualistic work and ceremonies in their societies, lodges, or councils, and all mutual or benefit associations, organized or formed and composed of members of any such society, lodge or council exclusively, are exempt from the provisions of all the insurance laws of this state. History: Former section repealed and present enacted March 8, 1907, § 630 [a]. OFFICE OF AND CONTINGENT EXPENSES. The commissioner may procure suitable rooms for his offices and may provide a suitable safe and furniture therefor. He may also provide stationery, fuel, printing and other conveniences necessary for the transaction of the business of his office. 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 five thousand dollars as a special fund to be called the insurance commissioner's special fund. 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. Sec. 2. This act shall take effect and be in force from and after July 1, 1906. History: Amended June 14, 1906, Stats. and Amdts. 1906, p. 31. Note: This amendment fell with repeal and re-enactment of the article, provision of section incorporated in § 591 ante. § 631. RIGHT OF ACTION AGAINST COMMISSIONER. If at any time the insurance commissioner revokes the certificate of authority theretofore granted to any insurance company or refuses to grant a certificate of authority to any insurance company, any interested person or company may commence an action against the insurance commissioner for the purpose of reviewing the facts and the law pertinent to the controversy and for the purpose of obtaining the relief refused or for canceling the action of the commissioner. In any such action the court shall have full power to investigate all of the facts de novo without regard to the determinations previously made by the commissioner. In the trial of such actions all of the provisions of the Code of Civil Procedure, not inconsistent herewith, shall be applicable. History: Former section repealed and present enacted March 8, 1907, § 631a. PUBLICATION OF NOTICE OF WITHDRAWAL. Whenever any insurance company shall have withdrawn from business in this state, and whenever for any reason the insurance commissioner shall have revoked or canceled the certificate of authority authorizing any insurance company to do business in this state, the insurance commissioner shall cause to be published, in each of two daily newspapers, one published in San Francisco and one published in Sacramento, a notice of such revocation or of such withdrawal. The expense of such publication shall be paid in advance by the insurance company withdrawing or whose certificate shall have been so revoked. History: Enacted March 8, 1907, Stats. and Amdts. 1907, p. 165. In effect immediately. § 632. DISTRICT ATTORNEY TO BE NOTIFIED OF PENAL OFFENSE. Whenever the insurance commissioner ascertains that any insurance company, or any of its agents, officers or employees, or any other person has been guilty of violating any of the penal statutes of this state, the commissioner shall certify such facts to the district attorney of the county in which such offense was committed. Such offenses shall be prosecuted and tried in all respects as provided in the Penal Code. For the purpose of evidence the commissioner shall furnish to the district attorney, without cost to the county, certified copies of any papers or records of the office of the commissioner. History: Former section repealed and present enacted March 8, 1907, § 633. POWER OF ATTORNEY TO ACT AS AGENT, FILING DUPLIСАТЕ, ETC. No person shall in this state act as the agent or solicitor of any insurance company doing business in this state until he has produced to the commissioner, and filed with him, a duplicate power of attorney from the company, or its authorized agent, authorizing him to act as such agent or solicitor. [License, term of; renewal.] Upon filing such power, the commissioner shall issue a license to him to act as such agent or solicitor for such company, if such company has received a certificate of authority from such commissioner to do business in this state. Such license shall continue in force until July first after the date thereof, but must be, and shall be, sooner revoked upon application of the company or its authorized agent. Such license may be renewed from time to time, for an additional period of twelve months, on production by the holder to the commissioner of a certificate from the company that such person's authority as such agent or solicitor continues. [Alphabetical list of licensees.] The commissioner shall keep an alphabetical list of the names of the persons to whom such licenses shall be issued, with the date of the license and renewal, and the name of the company for whom such person is working. $634. History: Former section repealed and present enacted March 8, 1907, REGISTRATION OF POLICIES OF LIFE INSURANCE COMPANIES WITH. It shall be lawful for any company or corporation transacting the business of life insurance in this state to register with the insurance commissioner such of its policies as may be agreed upon by the company and the insured; such registration to consist in a written or printed list of such policies filed with the commissioner, showing the name and age of the insured, number and date of the policy, and the kind and amount of insurance in each case. Such list must be filed with the commissioner within thirty days after the issuance of the first registered policy; and must contain all such policies issued up to the date of filing. After that date the company must, within three days after the first day of each calendar month, file a statement embracing all its registered policies issued since the filing of its last preceding list. [Special deposits.] Upon filing such lists of policies, from time to time, the company must deposit with the commissioner, as a special deposit for the benefit of such registered policies, securities of the denominations stated in section four hundred and twenty-one of the Civil Code as permissible for the investment of the capital and accumulations of insurance companies. Such deposit must be in an amount equal to the full net value of all policies registered up to the time of making the deposit, and must at all times be equal to such net value of all registered policies. Upon receipt of such securities, the commissioner must immediately deposit them in the state treasury, in accordance with the provisions of section six hundred and eighteen of the Political Code, where they must remain as a special security for the benefit of such registered policies. [Excess of securities Withdrawal.] Such company may at any time withdraw any excess of securities above the net present value hereinbefore specified, upon satisfying said commissioner by written proof that such excess exists, and shall be allowed to receive the interest on all securities deposited, and to exchange such securities by substituting other securities of the character in which, by the laws of this state, it may invest its funds. History: Former section repealed and present enacted March 8, 1907, § 634a. DEFINITION OF CERTAIN WORDS. The word company as used in this title includes every association, corporation, firm, or person transacting or desiring to transact any kind of insurance business under the laws of the state of California; provided that no part of this act shall be held to apply to any company organized under an act entitled "An act to provide for the organization and management of county fire insurance companies," approved April 1, 1897, or to any corporation doing or transacting the business of mutual insurance on the assessment plan as defined in section four hundred and fifty-three d of the Civil Code of the state of California. The words "capital stock" as referred to in this title shall be deemed to include the capital of any person, firm or association. History: Enacted March 8, 1907, Stats. and Amdts. 1907, p. 166. § 634b. FINES, TAXES, ASSESSMENTS, AND PENALTIES PAYABLE ON DEMAND. All fines, taxes, assessments, and penalties provided for in this title shall be due and payable on the demand of the insurance commissioner. If the same are not paid within ten days after such demand is made, then the insurance commissioner shall institute an action in the name of the people of the state of California for the purpose of recovering such fines, penalties, and taxes, or either, as the case may be. All such actions shall be subject to all the provisions, of the Code of Civil Procedure, which may be applicable thereto. History: Enacted March 8, 1907, Stats. and Amdts. 1907, p. 166. Sec. 2. ACCRUED ACTIONS PRESERVED. All of the provisions of this act shall be so construed as to preserve and keep in full force and effect all causes of action and actions for penalties, assessments and fines which have already accrued against any insurance company under and by virtue of any of the provisions of article sixteen, chapter three, part three, title one, of the Political Code, which is repealed by virtue of the provisions of this act, and all of such actions and causes of action may be prosecuted to final judgment, and all such penalties, assessments and fines may be enforced and collected under the provisions of said article to the same extent and in the same manner as though said article sixteen had not been repealed. History: Enacted March 6, 1907, Stats. and Amdts. 1907, p. 167. $737. SALARIES OF SUPERIOR JUDGES. The annual salaries of the judges of the superior courts of the city and county of San Francisco and the county of Los Angeles shall be six thousand dollars, of the counties of Alameda, Contra Costa, Sacramento, Marin and Santa Clara five thousand dollars, of the counties of San Joaquin, Santa Cruz, San Mateo, Yuba, Sutter, Butte, Nevada, Sonoma, Colusa, Monterey, San Luis Obispo, Shasta, Siskiyou, Santa Barbara, San Diego, Mendocino, Tehama, San Bernardino, Kern, Placer, Humboldt, Tulare, Fresno, Solano, Yolo, Mariposa, Ventura, Mono, Kings, Amador, Calaveras, Stanislaus, El Dorado, Merced, Madera, Tuolumne, Orange, Napa, and San Benito, four thousand dollars, and of the county of Alpine two thousand dollars; one half of which shall be paid by the state and the other half thereof by the county of which the judge is elected or appointed. History: Amended March 11, 1907, Stats. and Amdts. 1907, p. 192. $757a. OFFICE HOURS, CLERK OF SUPREME COURT. The offices of the clerk of the supreme court shall be open for the transaction of business continuously from nine o'clock, a. m., until five o'clock, p. m., every day in the year, holidays and Saturdays excepted, and on Saturdays the same shall be so open from nine o'clock, a. m., until 12:30 o'clock, p. m. History: Enacted March 22, 1907, Stats. and Amdts. 1907, p. 886. § 758. OFFICERS AND APPOINTEES OF AND SALARIES. Each of the three district courts of appeal may employ and appoint the following officers of their respective courts, whose salaries shall be as follows: One clerk at twenty-four hundred dollars per annum; one deputy clerk at eighteen hundred dollars per annum; one phonographic reporter as provided in section seven hundred and fifty-nine, and one bailiff at twelve hundred dollars per annum. History: Amended March 21, 1907, Stats. and Amdts. 1907, p. 757. In effect immediately. § 759. PHONOGRAPHIC REPORTERS, DISTRICT COURTS OF APPEAL. DUTIES AND COMPENSATION. Each of the three district courts of appeal may employ and appoint a phonographic reporter, who shall be competent to write in shorthand at the rate of at least one hundred and fifty words per minute and to transcribe the same correctly. His duties shall be to take down in shorthand the proceedings of the court, and to act as secretary His compensation to the judges in the discharge of their official duties. History: Enacted March 21, 1907, Stats. and Amdts. 1907, p. 757. In effect immediately. 759[a]. FEES OF CLERKS OF DISTRICT COURTS OF APPEAL. The clerk of each of the three district courts of appeal must collect in advance the following fees: For filing the transcript on appeal in each civil case appealed to the district court of appeal, of which he is clerk, ten dollars, in full of all services rendered in each case up to the rendering of the judgment, or the issuing of the remittitur, when no petition for rehearing has been filed; For filing petition for rehearing, and for all services to the issuing of the remittitur to the court below, two dollar sand fifty cents; For filing motion to dismiss appeal on clerk's certificate, two dollars and fifty cents; For filing petitions for writs of mandate, review, prohibition, and other original proceeding, seven dollars and fifty cents; in full for all services. rendered in each case; For filing order extending time to file transcript, fifty cents; For certificate of admission of attorney or counselor, ten dollars; For filing each paper in proceedings for a hearing in the supreme court, twenty-five cents; . For making a record upon hearing before the supreme court, and for copies of any record or document in his office, per folio, ten cents; but this fee shall not be taxed against parties to suit for any paper, or copy of paper, up to and including remittitur, For comparing any document requiring certificate, per folio, five cents; History: Enacted March 23, 1907, Stats. and Amdts. 1907, p. 983. § 760. DISPOSITION OF FEES. All fees collected by the clerk of the district court of appeal must be paid into the state treasury, fifty per cent thereof to the credit of the general fund; and fifty per cent thereof to the credit of the library fund of the district court of appeal of which he is clerk. Library fund. A library fund is hereby created for each district court of appeal, for the support of the library in each respective district, which fund is under the control of the court of such district. Upon its order the controller must, without approval of any board, draw his warrant upon the treasurer for the amount specified, and in favor of the person designated in such warrant, which warrant must be paid out of such fund. History: Enacted March 23, 1907, Stats. and Amdts. 1907, p. 983. § 761. PROVISIONS MADE APPLICABLE. All the provisions of section seven hundred and fifty-four preceding, relating to settlements by the clerk of the supreme court, are hereby made applicable to the clerk of the district courts of appeals. History: Enacted March 23, 1907, Stats. and Amdts. 1907, p. 984. |