2. The amount of notes received for premiums. 3. The amount of interest money received, specifying the same. 4. The amount of income received from all other sources, specifying the same. Fifth-The expenditures of the preceding year, specifying: 1. The amount of losses paid. 2. The amount of dividends paid. 3. The amount of expenses paid, including commissions and fees to agents and officers of the company. 4. The amount paid for taxes. 5. The amount of all other payments and expenditures. Sixth-1. The amount of risks written during the year. 2. The amount of risks expired during the year. 3. The amount of risks written during the year in the State of California. 4. The amount of premiums thereon. SEC. 6. Section six hundred and sixteen of said Code is amended to read as follows: by Commis 616. The Insurance Commissioner must require, as a con- Condition dition precedent to the transaction of insurance business in required this State by any foreign corporation or company, that such sioner. corporation or company must file in his office the name of an agent, and his place of residence in this State, on whom summons and other process may be served in all actions or other legal proceedings against such corporation or company. All process so served gives jurisdiction over the person of such corporation or company. The agent so appointed and designated shall be deemed in law a general agent, and must be the principal agent or chief manager of the business of such corporation or company in this State. Any such foreign corporation or company shall, as a further condition precedent to the transaction of insurance business in this State, and in consideration of the privilege to transact such insurance business in this State, make and file with the Insurance Commissioner an agreement or stipulation, executed by the proper authorities of such corporation or company, in form and substance as follows: The (giving name of corporation or company) does hereby stipulate and agree, that in consideration of the permission granted by the State of California to it to transact insurance business in this State, that if at any time said corporation or company shall be without an agent in said State, on whom summons or other legal process may be served, service of such summons or other legal process may be made upon the Insurance Commissioner, such service upon the Commissioner to have the same force and effect as if made upon the corporation or company. Whenever such service of summons or other Service of legal process shall be made upon the Insurance Commis- Summons. sioner, he must, within ten days thereafter, transmit by mail, postage paid, a copy of such summons or other legal process to the company or corporation, addressed to the President or Secretary thereof, at its home or principal office. Such copy must be certified by the Commissioner, under his hand Penalty. Company to deposit securities. The kind and nature of. and official seal, and the sending of such copy by the said Commissioner shall be a necessary part of the service of summons or other legal process. SEC. 7. Section six hundred and seventeen of said Code is amended to read as follows: 617. The Commissioner must collect the sum of one thousand dollars from any company or corporation engaged in the business of insurance in this State for a failure to make and file in his office, within the time prescribed by law, the statements and stipulations required by sections six hundred and ten, six hundred and eleven, six hundred and twelve, six hundred and thirteen, and six hundred and sixteen of this Code, and an additional penalty of two thousand dollars for each and every month thereafter that such company or corporation continues to transact the business of insurance, until such statements and stipulations are filed, and for that purpose suits may be instituted, in the name of the people of the State of California, in any Court of competent jurisdiction. This section shall take effect and be in force from and after the fifteenth day of May, eighteen hundred and seventy-eight. SEC. 8. Section six hundred and eighteen of said Code is amended to read as follows: 618. Whenever the laws of any State of the United States, or of any country foreign to the United States, require any insurance company or corporation organized under the laws of this State to deposit with some officer of this State securities in trust for and for the benefit of the policy holders of such company or corporation, as a prerequisite to transacting insurance business in such other State or foreign country, and whenever, under any laws of this State, any insurance company or corporation is required to deposit with any officer of this State securities in trust for and for the benefit of policy holders of such company or corporation, the Insurance Commissioner of this State must receive from such company or corporation securities in the amount required by the law under which such deposit is made, on deposit and in trust for the policy holders of such company or corporation. The value of such securities must be equal to the value of interest bearing stocks and bonds of the United States Government, but none of such securities must be estimated above the par value of the same, nor above their market value. The Commissioner must, upon the receipt of such securities, forthwith make a special deposit of the same in the State treasury, in packages marked with the name of the company or corporation from whom received, where they must remain as security for policy holders in the company or corporation to which they respectively belong; but so long as the company or corporation continues solvent, he must permit it to collect the interest or dividends on the securities so deposited, and from time to time to withdraw any such securities on depositing other securities in the stead of those to be withdrawn; such new securities to be of the same value mentioned in this section, but such securities must not be withdrawn from the State treasury unless upon the written order of the acting President and Secretary of the corporation making the deposits, which order must be indorsed by the Commissioner, or upon the order and authority of some Court of competent jurisdiction. SEC. 9. Section six hundred and nineteen of said Code is amended to read as follows: sioner to 619. Whenever any insurance company or corporation Commishas deposited with the Commissioner the requisite security, issue certifiin conformity with the requirements of the preceding section, cate. the Commissioner must issue to such company or corporation a certificate, under his official seal, of such deposit, for each State or country requiring the same; which said certificate must state the items and amount of securities so deposited, and that they are of the value therein represented. SEC. 10. Section six hundred and twenty of said Code is amended to read as follows: sioner to 620. Whenever any insurance company or corporation Commisso depositing securities with the Commissioner, has paid, der up canceled, or re-insured all its unexpired policies outstanding securities. in the State, satisfactorily to the holders thereof, and all its liabilities under such policies are extinguished or assumed by other responsible companies or corporations, then, if on application of such company or corporations, verified by the oaths of its President and Secretary, and from an examination of the books of the corporation, and of its officers, under oath, the Insurance Commissioner is satisfied that all of its policies are so paid, canceled, extinguished, or re-insured, he must deliver up to the corporation the securities deposited. And whenever the laws of any other State or country, by reason of which section six hundred and twentytwo of the Political Code of this State is brought into force, shall be repealed and abrogated, and any deposit which shall have been made with the Commissioner, under and by reason of said section six hundred and twenty-two of the Political Code, must be delivered up to the company or corporation making the deposit. SEC. 11. Section six hundred and twenty-one of said Code is amended to read as follows: made. 621. The Commissioner must make an annual examina- Examination of the securities received by him from each insurance tion to be company or corporation, and if it appear at any time that the securities deposited by any such company or corporation amount to less than the sum required for the purposes for which the deposit was made, he must notify the company or corporation thereof, and unless the deficiency is made up within thirty days after notice the Commissioner must countermand all the certificates he may have issued to the company or corporation under this Chapter, and give notice thereof to the officers of the several States to whom the certificate may have been transmitted; and he must also publish the notice for three weeks successively, in some daily newspaper published in the City of San Francisco, at the expense of the company or corporation, to be collected by assessment upon the company or corporation, or its duly appointed agent in this State. Licenses and fees required SEC. 12. Section six hundred and twenty-two of said Code is amended to read as follows: 622. When, by the laws of any other State or country, any taxes, fines, penalties, licenses, fees, deposits of money in different or of securities, or other obligations or prohibitions, are countries. Company to register policies. be made. imposed on insurance companies of this State doing business in such other State or country, or upon their agents therein, in excess of such taxes, fines, penalties, licenses, fees, deposits of securities, or other obligations or prohibitions imposed upon insurance companies of such other State or country, so long as such laws continue in force, the same obligations and prohibitions of whatsoever kind must be imposed upon insurance companies of such other State or country doing business in this State. And whenever, under this section, any deposit of securities shall be made in this State, such deposit must be made in stocks or bonds of the United States Government, or in those of the State of California; which said securities must be estimated at not exceeding their par value, nor their market value. SEC. 13. A new section is added to said Code, to be known as section six hundred and thirty-four, to read as follows: 634. 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 preDeposits to ceding list. 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 polices, securities of the denominations stated in section four hundred and twenty-seven of the Civil Code, as permissible for the investment of the capital and accumulations of life insurance companies. Such deposit must be in an amount equal to the full net value of all policies registered up to thẹ time of making the deposit, and must at all times be equal to such net value of all the 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 said registered policies. Such company may at any time withdraw any excess of securities above the net present value herein before 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. SEC. 14. This Act shall be in force from and after its passage. CHAP. CCCCVI.-An Act to amend section six hundred and forty-two of the Political Code, respecting the duties of the Fish Commissioners. [Approved March 28, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section six hundred and forty-two of the Amended. Political Code is amended to read as follows: 642. It is the duty of the Fish Commissioners: sioner. One (1)-To see that the laws for the preservation of fish Powers of and game are strictly enforced; and for that purpose they Commis may from time to time employ such assistants as they shall deem necessary, which persons so appointed as assistants shall have all powers and authority of Sheriffs to make arrests for violation of such laws throughout the State. Two (2) To establish fish breederies for stocking the waters of this State with foreign and native fish. Three (3)-To purchase and import the spawn or ova of fish suitable for food. Four (4)-To stock with such spawn the waters of this State. Five (5)-To employ persons skilled in fish breeding to assist them in their duties. Six (6)-To furnish plans for and direct and compel the construction and repair of fish ladders and ways upon dams and obstructions. Seven (7)-To provide for the distribution and protection of game birds imported into this State for purposes of propagation. Eight (8)-To report biennially to the Governor a statement of all their transactions and disbursements. CHAP. CXLII.—An Act to amend sections forty-nine and fifty of the Code of Civil Procedure, to add an additional section thereto, to be numbered section fifty-one, and to amend section seven hundred and fifty-one of the Political Code, all relative to the terms and officers of the Supreme Court. [Approved March 8, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section forty-nine of the Code of Civil Procedure is amended so as to read as follows: |