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SEALERS OF WEIGHTS AND MEASURES.

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advantageous to the state, and any moneys derived from such sales must be applied to the completion of the unfinished publications of the survey, and the surplus, if any, must be paid into the common school fund of the state. History: Enacted March 12, 1872.

As to the various acts relating to the geological survey, see Index Laws of Callfornia, title Geological Survey.

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§ 561. GENERAL DUTIES OF. The state sealer of weights and measures has the general supervision of the weights and measures of the state. He must take charge of the standards, and see that they are kept in and in no case removed from a fire-proof vault in his office, except for the purpose of comparing and copying. He must correct the standards of the cities and counties, provide them with the necessary standards, balances, and other means of adjustment, and as often as once in ten years compare the same with those in his possession.

History: Enacted March 12, 1872, founded upon §8 Act April 4, 1861,
Stats. 1861, p. 86.

§ 562. COUNTY CLERKS EX OFFICIO SEALERS. The county clerks are ex officio county sealers of weights and measures for their respective counties.

History: Enacted March 12, 1872, founded upon § 2 Act April 4, 1861,
Stats. 1861, p. 86.

§ 563. DUTIES OF COUNTY SEALERS. The county sealers must keep in their offices the standards of weights and measures for their respective counties.

History: Enacted March 12, 1872, founded upon § 11 Act April 4, 1861,
Stats. 1861, p. 87.

§ 564. STANDARDS FOR COUNTY SEALERS. Copies of the original standards, to be made of such materials as the state sealer directs, must be deposited by him in the office of the county sealers of the several counties of this state, at the expense of the counties, which are severally responsible for the preservation of the copies respectively delivered to them.

History: Enacted March 12, 1872, founded upon § 9 Act April 4, 1861,
Stats. 1861, p. 87.

§ 565. STANDARDS TO BE MARKED. The state sealer must cause to be impressed on each of the copies of such original standards the letter "C," and such other device as he may direct for the particular county, which device. must be recorded in the state sealer's office, and a copy thereof delivered to the respective county sealers.

History: Enacted March 12, 1872, founded upon § 10 Act April 4, 1861,
Stats. 1861, p. 87.

§ 566. STANDARDS, COUNTY SEALERS TO COMPARE, ETC. The county sealers must compare all weights and measures, which are brought to them for that purpose, with the copies of standards in their possession, and when the same are found or made to conform to the legal standards, the officer comparing them must seal and mark them as correct.

History: Enacted March 12, 1872, founded upon § 11 Act April 4, 1861,
Stats. 1861, p. 87.

§ 567. FEES. Each county sealer may receive for his services the following fees: For sealing and marking every beam, seventy-five cents; for sealing and marking measures of extension, at the rate of forty cents per yard, not to exceed one dollar and a half for any one measure; for sealing and marking every weight, twenty-five cents; for sealing and marking liquid and dry measures, if the same are of the capacity of a gallon or more, forty cents; if less than a gallon, twenty cents.

History: Enacted March 12, 1872, founded upon § 13 Act April 4, 1861,
Stats. 1861, p. 87.

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The inspector of gas

meters must provide and keep suitable apparatus for testing the accuracy of gas meters.

History: Enacted March 12, 1872, founded upon § 4 Act April 27, 1863,
Stats. 1863, p. 648.

$578. SEAL. He must provide a suitable seal with which to seal meters inspected by him and found to be correct, and must file a copy of such seal in the office of the secretary of state.

History: Enacted March 12, 1872, founded upon § 1 Act April 27, 1863,
Stats. 1863, p. 647.

§ 579. MAY APPOINT DEPUTIES. He may appoint deputies.
History: Enacted March 12, 1872, founded upon § 2 Act April 27, 1863,
Stats. 1863, p. 647.

§ 580. POWERS AND DUTIES OF. MODE OF INSPECTING AND SEALING. He must, whenever requested, inspect and test the accuracy of any gas-meters used or intended to be used for measuring the quantity of gas furnished by any gas company in this state, and when he finds the same correct, seal the same with his seal. No meter shall be accounted correct which registers an amount more than three per cent greater or less than the amount actually passed through it, but the inspector may seal meters registering more than three per cent against the gas company, when requested by the company to do so. Reasonable notice shall be given to the applicant, and also the individual or gas company furnishing or proposing to furnish the gas, of the time

§§ 581-584 (116) UNSEALED METERS, USE OF-REINSPECTION.

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and place of the inspection of the meter, and opportunity afforded them, their servants or agents, to be present at and witness the inspection.

History: Enacted March 12, 1872, founded upon § 4 Act April 27, 1863,
Stats. 1863, p. 648; amended April 1, 1876, Code Amdts. 1875-6, p. 22.

§ 581. UNSEALED METERS, USE OF A MISDEMEANOR; REINSPECTION. Any individual or gas company placing or using for measuring gas a meter which has not been inspected by the state inspector, and does not bear his seal, shall be guilty of a misdemeanor, nor shall any charge for gas supplied through such a meter be legally collectable; nor shall the refusal of a consumer to pay the same give authority to the company to refuse to supply him with gas. When a meter, properly sealed, is once placed for the use of a consumer, an inspection may be had as often as the consumer may request the same in writing, he to pay the fee therefor whenever the meter is found not to register too fast. When the meter is found to register too fast the gas company must pay the fee, together with the costs of removing and resetting the meter, and the inspector shall remove the seal if there be one upon it; provided, that when any meter found incorrect shall be corrected, it shall be sealed by the inspector without additional charge if presented to him for reinspection within one month.

History: Enacted March 12, 1872, founded upon § 1 Act April 27, 1863,
Stats. 1863, p. 647; amended April 3, 1876, Code Amdts. 1875-6, p. 22.

§ 582. COMPENSATION. He may collect a fee of two dollars and fifty cents for each meter tested.

History: Enacted March 12, 1872, founded upon § 4 Act April 27, 1863,
Stats. 1863, p. 648.

§ 583. RESIDENCE. He must reside in the city of San Francisco.
History: Enacted March 12, 1872, founded upon § 1 Act April 27, 1863,
Stats. 1863, p. 647.

§ 584. OFFICIAL BOND. He must execute an official bond in the sum of five thousand dollars.

History: Enacted March 12, 1872.

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§ 594. ELIGIBILITY. No person is eligible to the office of insurance commissioner or deputy who is an officer, agent, or employee of an insurance company.

History: Enacted March 12, 1872, founded upon § 2 Act March 26, 1868,
Stats. 1867-8, p. 336.

Applied, cited, construed, referred to, etc., in: State I. & I. Co. vs. Superior Court, 101 Cal. 135, 144, 35 Pac. Rep. 549 (cited);

Harrigan vs. Home L. Ins. Co., 128 Cal. 531, 537, 58 Pac. Rep. 180, 61 Id. 99 (cited).

§ 595. DUTIES OF; SUITS BY; REVOCATION OF LICENSE. The insurance commissioner must receive all bonds and securities of persons engaged in the transaction of insurance business in this state, and file and safely keep.

§ 595 (118) DUTIES OF INSURANCE COMMISSIONER-SUITS, ETC.

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the same in his office, or deposit them as provided in this article. He must xamine and inspect the financial condition of all persons engaged, or who desire to engage, in the business of insurance; issue a certificate of authority to transact insurance business in this state to any persons in a solvent condition, who have fully complied with the laws of this state, and are in no wise in arrears to the state, or to any county or city of the state, for fees, licenses, taxes, or penalties accrued upon business previously transacted in the state; determine the sufficiency and validity of all bonds and other securities required to be given by persons engaged, or to be engaged, in insurance business, and cause the same to be renewed in case of the insufficiency or invalidity thereof; and perform all other duties imposed upon him by the laws regulating the business of insurance in this state, and enforce the execution of such laws; prepare and furnish, on demand, to all persons engaged in the insurance business, blank forms for such statements or reports as may by law be required of them; make, on or before the first day of August in each year, a report to the governor of this state, containing a tabular statement and synopsis of the reports which have been filed in his office, showing, generally, the condition of the insurance business and interests in this state, and other matters concerning insurance, and a detailed statement, verified by oath, of the moneys and fees of office received by him, and for what purpose.

[Surrender of certificate.] And whenever any insurance company, doing business in this state, shall voluntarily surrender to the insurance commissioner its certificate of authority previously granted, thereby withdrawing from business in this state, the commissioner must make due publication of such surrender and withdrawal daily for the period of one week, in each of two daily newspapers, the one published in the city of San Francisco, and the other in the city of Sacramento.

[Transfer of suit to federal district court by insurance company-Revocation of license.] It is further enacted, that if any action hereafter commenced in any district court of this state, by a citizen thereof, against a foreign corporation or company doing insurance business in this state, such corporation or company shall transfer, or cause to be transferred, such action to the United States circuit court, the right of such corporation or company to transact insurance business in this state shall thereupon and thereby cease and determine; and the insurance commissioner shall immediately revoke the certificate of such corporation or company authorizing it to do business in this state, and publish such revocation daily, for the period of two weeks, in each of some two daily newspapers, the one published in the city of San Francisco, and the other in the city of Sacramento.

History: Enacted March 12, 1872, founded upon § 4 Act March 26, 1868,
Stats. 1867-8, p. 337; amended March 30, 1874, Code Amdts. 1873-4, p. 8;
April 1, 1878, Code Amdts. 1877-8, p. 13.

1. Applied, cited, construed, referred to.
2. Construed not to give insurance commis-
sioners authority.

1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: Harrigan vs. Home L. Ins. Co., 128 Cal. 531, 539, 58 Pac. Rep. 180, 61 Id. 99 (cited); Liverpool & L. & G. Ins. Co. vs. Clunie, 88 Fed. Rep. 160, 166, 173 (construed).

As to nature of office of insurance commissioner, see KERR'S CYC. CIV. CODE § 453e and note.

As to right of state to control foreign insurance companies, see brief in 43 L. R. A. 391, 392.

2. CONSTRUED NOT TO GIVE INSURANCE COMMISSIONERS AUTHORITY to reject bond of foreign insurance companies

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