6. The names of banks placed in his hands in process of liquidation, and the amount of dividends paid thereon.

Such report, and the usual number of copies for the use of the legislature, shall be printed and in readiness for distribution by the state printer, and one thousand copies shall be printed for the use of the department, the expense of which shall be charged among the general expenses of the department.

Weekly bulletin to be posted by superintendent, and items thereof-File of bulletins.

SEC. 141. 1. The superintendent of banks shall keep in his office, in a place accessible to the general public, a bulletin board upon which he shall cause to be posted at noon on Friday of each week a detailed statement, signed by him or, in case of his absence from San Francisco or inability to act, by the deputy superintendent in charge, giving the following items of general information with regard to the work of the department since the preceding statement:

(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 depositors 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 public 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. AH acts, or parts of acts, in conflict with this act are hereby repealed.

Time act shall take effect.

SEC. 147. This act shall take effect July first, 1909.

BATH HOUSES.

An act to secure the safety of the public at bathing places upon the seacoast and lakes.

Approved March 10, 1909; stats. 1909, p. 261.

The people of the State of California, represented in senate and assembly, do enact as follows:

Lifeboats, requirements for.

SECTION 1. Every person, firm of persons, or corporation, owning or conducting within this state a bath house, or other public place for the purpose of accommodating bathers, bordering upon or adjoining the seacoast or a lake where the public resort for the purpose of bathing in the open sea or lake shall keep one or more lifeboats fully equipped with oars, oarlocks, and not less than two life preservers, and two hundred feet of rope, always in good repair and near the bath house or resort. Such boat or boats shall have the word "lifeboat" plainly printed or painted upon them, and they shall be used for no other purpose than for saving of life or for other cases of emergency.

Penalty.

SEC. 2. Any person, firm of persons, or corporation who fails to comply with the provisions of this act is guilty of a misdemeanor and upon conviction shall be sentenced to pay a fine of not less than ten nor more than two hundred dollars or be imprisoned in the county jail not less than ten days nor more than six months, or by both fine and imprisonment.

Time act shall take effect.

SEC. 3.

This act shall take effect thirty days after its passage.

BOARDS OF TRADE.

See Chambers of Commerce.

BENEFICIAL AND RELIEF ASSOCIATIONS.

An act relating to mutual beneficial and relief associations.

Approved March 28, 1874; stats. 1873-4, p. 745; amended 1880, p. 25; 1901, p. 6. Codified by the legislature of 1905, and therefore superseded by sections 452a and 453 of the Civil Code.

BONDS.

An act to facilitate the giving of bonds required by law.

Approved March 12, 1885; stats. 1885, p. 114.

The people of the State of California, represented in senate and assembly, do enact as follows:

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 requirements of the laws of this state regulating the admission of such corporation 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.

Time act shall take effect.

SEC. 4. This act shall take effect immediately.

NOTE. Constitutional (Cramer vs. Tittle, 72 Cal. 12); see, also, Fox vs. Hale & Norcross Silver Mining Co., 97 Cal. 353. See, also, Code Civ. Proc. §§ 1056 and 1057, and Pol. C. subd. 4 of § 955.