An act regulating the hours of employment in underground mines and in smelting and reduction works. Approved March 10, 1909; stats. 1909, p. 279. The people of the State of California, represented in senate and assembly, do enact as follows: Hours of labor in underground employment-Emergencies. SECTION 1. That the period of employment for all persons who are employed or engaged in work in underground mines in search of minerals, whether base or precious, or who are engaged in such underground mines for other purposes, or who are employed or engaged in other underground workings whether for the purpose of tunneling, making excavations or to accomplish any other purpose or design, or who are employed in smelters and other institutions for the reduction or refining of ores or metals shall not exceed eight hours within any twenty-four hours, and the hours of employment in such employment or work day shall be consecutive, excluding, however, any intermission of time for lunch or meals; provided that, in the case of emergency where life or property is in imminent danger, the period may be a longer time during the continuance of the exigency or emergency. Penalty for violation. SEC. 2. Any person who shall violate any provision of this act, and any person who as foreman, manager, director or officers of a corporation, or as the employer or superior officer of any person, shall command, persuade or allow any person to violate any provision of this act, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than three hundred dollars ($300.00), or by imprisonment of not more than three months. And the court shall have discretion to impose both fine and imprisonment as herein provided. Repeal of conflicting acts. SEC. 3. All acts and parts of acts inconsistent with this act are hereby repealed. INSURANCE. An act relating to life, health, accident, and annuity or endowment insurance on the assessment plan, and the conduct of the business of such insurance. Approved March 19, 1891; stats. 1891, p. 126. Codified by the legislature of 1905 and therefore superseded by sections 453d to 453p of the Civil Code. An act to provide for the organization and management of county fire insurance companies. Approved April 1, 1897; stats. 1897, p. 439. The people of the State of California, represented in senate and assembly, do enact as follows: Incorporation. SECTION 1. Any number of persons, not less than twentyfive, residing in any county in this state, owning insurable property aggregating not less than fifty thousand dollars in value, which they desire to have insured, may incorporate for the purpose of mutual insurance against loss or damage by fire. Filing of articles of incorporation-Certificate. SEC. 2. Such persons shall file with the insurance commissioner a declaration of their intention to incorporate for the purposes expressed in section one of this act, which declaration shall be signed by all of the incorporators, and shall contain a copy of the articles of incorporation proposed to be adopted. The insurance commissioner shall examine the proposed articles of incorporation, and, if they conform to this act, he shall deliver to such persons a certificate permitting them to incorporate as such insurance company. Such certificate shall be directed to the clerk of the county in which such corporation is proposed to be organized, and shall contain a copy of the proposed articles of incorporation. Upon filing with the secretary of state the certified copies of the duly executed articles of incorporation, as required by section two hundred and ninety of the Civil Code of the State of California, and of the certificate above provided for, the secretary of state shall thereupon issue a certificate of incorporation to such county insurance company, and, upon organizing under such articles of incorporation, such county fire insurance company may carry on a fire insurance business as hereinafter provided. The articles of incorporation and the charter or certificate obtained by any county fire insurance company operating under the provisions of this act shall be subject to the control and modification by the legislature of the State of California. The by-laws and all amendments thereto shall be filed with the insurance commissioner within sixty (60) days after their adoption. Directors. SEC. 3. The number of directors shall not be less than seven (7), nor more than eleven (11), a majority of whom shall constitute a quorum to do business. These directors shall be elected from the members of the association by ballot, and shall hold office for one year, or until their successors are elected and qualified. The annual meeting of the members of the company shall be on the second Monday in January of each year. In the election of the first board of directors each member shall be entitled to one vote. At every subsequent election, every person insured shall be entitled to as many votes as there are directors to be elected, and an equal additional number for every risk or risks he holds in the company, and he may cast the same in person or by proxy, distributing them among the directors to be elected, or among a less number of directors, or cumulating them upon one candidate, as he shall see fit. Officers. SEC. 4. The directors shall elect, from their own number, a president and a vice-president, and shall also elect a treasurer and a secretary, who may or may not be members of the company. All of such officers hold their office for one year from the date of their election, and until their successors are elected and qualified. Bonds. SEC. 5. The treasurer and secretary shall give bonds to the company for the faithful performance of their duties, in such amounts as shall be prescribed by the board of directors. Powers-By-laws. SEC. 6. Such corporation and its directors shall possess the usual powers, and be subject to the usual duties of corporations and directors thereof, and may make such by-laws, not inconsistent with the constitution and the laws of this state, as may be deemed necessary for the management of its affairs, in accordance with the provisions of this act. Also to prescribe the duties of its officers and to fix their compensation, and to alter and amend its by-laws, when necessary. Membership. SEC. 7. Any person owning property in the county for which any such company is formed or any person owning property in any county adjoining the county wherein such company is formed as hereinafter provided may become a member of such company by insuring therein, and shall be entitled to all the rights and privileges appertaining thereto; and no person not residing in the county in which the company is formed shall become a director of such company. [Section 7 amended March 23, 1907.] Risks. SEC. 8. Such company may issue policies only on detached dwellings, schoolhouses, churches, barns (except livery barns and hotel barns), and other farm buildings, and such property as may be contained therein; also, other property on the premises owned by the insured; hay and grain in stack or in the field, and live stock on the premises of the insured, anywhere in the county, for any time not exceeding five years, and not to extend beyond the time limited for the existence of the charter, and for an amount not to exceed four thousand five hundred dollars on any one risk; provided, that no company which has been organized more than six months shall write insurance subject to one fire exceeding three per cent of the amount at risk upon the books of such company. All persons so insured shall give their obligation to the company, binding themselves, their heirs and assigns, to pay their pro rata share to the company of the necessary expense and of loss by fire which may be sustained by any member thereof during the time for which their respective policies are written, and they shall also at the time of effecting the insurance pay such a percentage in cash, and such other charges, as may be required by the rules or by-laws of the company. Classifying risks. SEC. 9. All such companies must classify the property insured therein at the time of issuing policies thereon under different rates, corresponding as nearly as may be to the greater or less risk from fire loss which may be attached to the several kinds of property insured. Limitations upon risks taken. SEC. 10. No such company shall insure any property beyond the limits of the county wherein the said company is organized except that a company may insure in any county next adjoining the county wherein such company is organized where no mutual company exists or is organized therein, and as soon as a mutual company shall be organized therein said company first insuring and with its original place of business in the adjoining county, shall as soon as its policies originally issued expire, or shall be canceled, retire therefrom. Nor shall any company issue policies of insurance on any property within the limits of any city containing over six thousand inhabitants at the time of the organization of such company; provided, that no dwelling shall be insured within the corporate limits of any city or town exposed by any other building within one hundred feet, or by any other risk (other than a dwelling or private barn, the property of the same insured) within two hundred feet of the risk assumed; provided, that the amount of insurance shall not exceed seventyfive per cent of the value of the property, and that no additional insurance shall be allowed. [Section amended April 15, 1909; in effect in sixty days.] Adjustment of losses-Arbitration. SEC. 11. Every member of such company who may sustain loss or damage by fire shall immediately notify the president, or in his absence, the secretary thereof, stating the amount of damage or loss sustained or claimed, and if not more than fifteen hundred dollars, then the president and secretary shall proceed to ascertain the amount of such loss or damage and adjust the same. If the claim for damage or loss be for an amount greater than fifteen hundred dollars, then the president of such company, or in his absence, the vice-president, or in the absence of both, the secretary thereof, shall forthwith convene the board of directors of such company, whose duty it shall be when convened, to appoint a committee, of not less than three disin |