(a) The name of every bank that has filed in the banking department an application for authorization to commence business, its location and the date of filing of such application. (b) The name and location of every bank authorized by the superintendent of banks to commence business, its capital, surplus, and the date of authorization, (c) The name of every bank to which a certificate of authorization has been refused by the superintendent of banks, and the date of notice of refusal. (d) The name and residence of every person appointed by the superintendent of banks as a deputy, examiner or employee in the banking department, the title of the office to which appointed, the compensation paid, and the date of appointment. (e) The date on which a call for a report by banks was issued by the superintendent of banks, and the day designated as the day with reference to which such report should be made. (f) The name and location of every bank whose creditors or depos itors have been paid in full by the superintendent of banks and a meeting of whose stockholders shall have been called, together with date of notice of meeting and date of meeting. (g) The name and location of every bank subject to the banking law whose affairs and business shall have been finally liquidated, or in course of liquidation. (h) The name and location of every bank which has applied for approval of a change of name, and the name proposed. 2. Every such bulletin, after having been posted as aforesaid for one week, shall be placed on a file for such statements, to be kept in the office of the superintendent of banks. All such statements shall be public documents, and at all reasonable times shall be open to publie inspection during usual banking hours. Official reports, prima facie evidence. Sec. 142. Every official report made by the superintendent and every report duly verified of an examination made, shall be prima facie evidence of the facts therein stated, for all purposes in any action or proceeding wherein such bank is a party. Neglect of duty by superintendent. Sec. 143. If the superintendent of banks shall have knowledge of the insolvency or unsafe condition of any bank mentioned in this act, and that it is unsafe or inexpedient to permit said bank to continue business, and shall neglect to forthwith take action as provided in sections one hundred thirty-three, one hundred thirty-four, and one hundred thirty-six of this act, he shall be guilty of a felony. Actions, duty of attorney-general. Sec. 144. Whenever by the terms of this act a penalty or forfeiture is imposed, the same shall be recovered in an action brought at the request of the superintendent of banks by the attorney-general, in the name of the people of the state, and the sum recovered shall be paid into the state banking fund and used in payment of claims against the said fund. Construction of act. Sec. 145. The powers, privileges, duties and restrictions conferred and imposed upon any corporation or individual existing and doing business under the laws of this state are hereby abridged, enlarged or modified as each particular case may require, to conform to the provisions of this act, notwithstanding anything to the contrary in their respective articles of incorporation or charters. The legality of investments heretofore made, or of transactions heretofore had, pursuant to any provisions of law in force when such investments were made or transactions had, shall not be affected by the provisions of this act, nor shall such provisions require the changing of investments for those named in this act, except as the same can be done gradually by the sale or redemption of the securities so invested in, in such manner as to prevent loss or embarrassment in the business of such bank, or unnecessary loss or injury to the borrowers on such security. Conflicting laws repealed. Sec. 146. All acts, or parts of acts, in conflict with this act are hereby repealed. Act takes effect when. Sec. 147. This act shall take effect July first, 1909. BONDS. An Act to facilitate the giving of bonds required by law. [Approved March 12, 1885; Stats. 1885, p. 114.] § 1. Incorporation for giving bonds. § 2. When corporation not accepted. Incorporation for giving bonds. Section 1. Whenever any person who now or hereafter may be required or permitted by law to make, execute, and give a bond or undertaking, with one or more sureties, conditioned for the faithful performance of any duty, or for the doing or not doing of anything in said bond or undertaking specified, any head of department, board, court, judge, officer, or other person who is now or shall hereafter be required to approve the sufficiency of any such bond or undertaking, or the sureties thereon, may accept as sole and sufficient surety on such bond or undertaking, any corporation incorporated under the laws of any state of the United States for the purpose of making or guaranteeing bonds and undertakings required by law, and which shall have complied with all the require ments of the laws of this state regulating the admission of such corpora tion to transact such business in this state; and all such corporations are hereby vested with full power and authority to make and guarantee such bonds and undertakings, and shall be subject to all the liabilities and entitled to all the rights of natural persons sureties. When corporation not accepted. Sec. 2. It is further provided, that the guaranty of any such company shall not be accepted by heads of departments or others, as provided in section one of this act, whenever its liabilities shall exceed its assets, as ascertained in the manner provided in section three of this act. Duty of insurance commissioner. Sec. 3. Whenever the liabilities of any such company shall exceed its assets, the insurance commissioner shall require the deficiency to be paid up within sixty days, and if it is not so paid up, then he shall issue a certificate showing the extent of such deficiency, and he shall publish the same once a week for three weeks, in a daily San Francisco paper, and thenceforth, and until such deficiency is paid up, such company shall not do business under the provisions of this act. And, in estimating the condition of any such company, under the provisions of this act, the commissioner shall allow as assets only such as are authorized under existing laws at the time, and shall charge as liabilities, in addition to eighty per cent of the capital stock, all outstanding indebtedness of the company, and a premium reserve equal to fifty per centum of the premiums charged by said company on all risks then in force. Nothing herein contained shall apply to bonds given in criminal cases. Sec. 4. This act shall take effect immediately. CEMETERIES. An Act to provide for public cemetery districts. Deed by cemetery corporation: See post, tit. "Corporations." An Act to authorize the Incorporation of Rural Cemetery Associations. [1. Approved April 18, 1859; Stats. 1859, p. 281. 2. Amended January 13, 1864; Stats. 1863-64, p. 12. 8. Amended March 31, 1891; Stats. 1891, p. 264.] 'An Act supplemental to an act entitled “An Act to authorize the incorporation of rural cemetery association," approved April 28, [18,] 1859, authorizing such association to erect, purchase, or lease buildings and furnaces and other works for cremation of human bodies; also, to erect or lease buildings in which shall be entombed only the ashes of cremated dead, to make provision for the care of the burial-places and ashes of the dead; also, to provide for the cremation of the unclaimed dead and bodies liable, if interred, to spread disease. [Approved March 1, 1899; Stats. 1899, p. 36.] CORPORATIONS. Act allowing corporation to act as surety: See ante, tit. "Bonds." An Act to provide for the payment of the wages of mechanics and laborers employed by corporations. [Approved March 31, 1891; Stats. 1891, p. 195.] § 1. Wages paid weekly or monthly. § 2. Non-payment, rights on. Wages paid weekly or monthly. Section 1. Every corporation doing business in this state shall pay the mechanics and laborers employed by it the wages earned by and due them weekly or monthly, on such day in each week or month as shall be selected by said corporation. Non-payment, rights on. Sec. 2. A violation of the provisions of section one of this act shall entitle each of the said mechanics and laborers to a lien on all the property of said corporation for the amount of their wages, which lien shall take preference over all other liens, except duly recorded mortgages or deeds of trust; and in any action to recover the amount of such wages or to enforce said lien, the plaintiff shall be entitled to a reasonable attorney's fee, to be fixed by the court, and which shall form part of the judgment in said action, and shall also be entitled to an attachment against said property. Constitutionality. Declared unconstitutional in Slocum v. Bear Valley Irrigation Co., 122 Cal. 555, An Act requiring every corporation doing business in this state to pay their employees, and each of them, at least once in each and every month, the wages earned by such employee; to limit the defenses which may be set up by such corporation to assignments of wages, set-off or counterclaims, or the absence of such employee at the time of making payment, and in case of such absence the wages are payable upon demand; to prohibit assignments of wages for the purpose of evading the provisions of this act, and agreements to accept wages at longer periods than as herein provided as a condition of employment; to fix a penalty for this violation of the provisions of this act by such corporation, and to provide for the disposition of any fines recovered from corporations violat ing the same. [Approved March 29, 1897; Stats. 1897, p. 231.] Corporation must pay wages monthly. Section 1. Every corporation doing business in this state shall pay, at least once a month, each and every employee employed by such corporation, in transacting or carrying on its business, or in the performance of labor for it, the wages earned by such employee during the preceding month; provided, however, that if at the time of payment any employee shall be absent, or not engaged in his usual employment, he shall be entitled to said payment at any time thereafter upon demand. Lien in case of failure. Sec. 2. A violation of any of the provisions of section one of this act shall entitle each of the said employees to a lien on all the property of said corporation for the amount of their wages, which lien shall take preference over all other liens, except duly recorded mortgages or deeds of trust; and in any action to recover the amount of such wages, or to enforce said lien, the plaintiff shall be entitled to a reasonable attor ney's fee, to be fixed by the court, and which shall form part of the judgment in said action, and shall also be entitled to an attachment against said property. An unrecorded deed shall be no defense to such actions. Defenses. Sec. 3. That on the trial of any action against such corporation for a violation of the provisions of this act, such corporation shall not be allowed to set up any defense for a failure to pay monthly any employee engaged in transacting or carrying on its business the wages earned by such employee during the preceding month, other than the fact |