General duties of. ARTICLE XIV. SEALERS OF WEIGHTS AND MEASURES. SECTION 561. General duties of. 562. County Clerks ex officio Sealers. 563. Duties of County Sealers. 564. Standards for County Sealers. 565. Standards to be marked. 566. Standards, County Sealers to compare, etc. 561. 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 fireproof 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. NOTE.-Stats. 1861, p. 86. In the month of August, 1872, there was received by the Secretary of State of California, as ex officio State Sealer of Weights and Measures, full and complete sets of the standards as provided by the Acts of Congress.-See Stats. at Large for the year 1866, thirty-ninth Congress, Vol. 14, pp. 339, 340, Chap. 301; U. S. Const., Art. I, Sec. 8, Subd. 5, as to power of Congress over. In the case of the Miantinomi, reported in 3 Pittsburgh Legal Journal, p. 20, and also in 3 Watt, Jr., C. C., it was decided and held that the exclusive power to regulate weights and measures is in Congress. In this case a State law fixing the ton weight was disregarded, and it was required to conform to the law of Congress as it existed at the time the cause of action accrued. See Sec. 3209, post, et seq., as to weights and measures, where will be found a table giving the weights and measures fixed in the Act referred to supra, and also in the report of the Secretary of the Treasury on the construction and distribution of weights and measures (thirty-fourth Congress, third session), p. 6. Clerks 562. The County Clerks are ex officio County County Sealers of Weights and Measures for their respective ex officio counties. NOTE.-Stats. 1861, p. 86. Sealers. County 563. The County Sealers must keep in their offices Duties of the standards of weights and measures for their Sealers. respective counties. NOTE.-Stats. 1861, pp. 86-7, Sec. 8. for County 564. Copies of the original standards, to be made Standards of such materials as the State Sealer directs, must be Sealers. 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. NOTE.-Stats. 1861, p. 87, Sec. 9. to be 565. The State Sealer must cause to be impressed Standards on each of the copies of such original standards the marked. 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. NOTE.-Stats. 1861, p. 87, Sec. 10. "C," being the initial of "correct," is used therefor. County compare, 566. The County Sealers must compare all weights Standards, and measures which are brought to them for that pur- Sealers to pose with the copies of standards in their possession, etc. 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. 567. Each County Sealer may receive for his ser- Fees. vices 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 19-VOL. I. 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. NOTE.-Stats. 1861, p. 87, Sec. 13; see Penal Code Cal., Secs. 552-554. To provide ARTICLE XV. INSPECTOR OF GAS METERS. SECTION 577. To provide testing apparatus. 578. Seal. 579. May appoint Deputies. 580. Must inspect meters, when. 581. Same. 582. Compensation. 583. Residence. 584. Official bond. 577. The Inspector of Gas Meters must provide apparatus. and keep suitable apparatus for testing the accuracy of testing Seal. May appoint Deputies. Must inspect meters, when. Same. gas meters. 578. 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. 579. He may appoint Deputies. 580. 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 to be correct, or when he has corrected the same if found incorrect, seal the same with his seal. 581. 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 and as often as the meter is found to register correctly. When proved to be incorrect, the gas company must pay the same, together with the costs and expenses of removing and resetting the same. 582. He may collect a fee of two dollars and fifty Compencents for each meter tested. sation. 583. He must reside in the City of San Francisco. Residence. 584. He must execute an official bond in the sum Official of five thousand dollars. NOTE.-See Secs. 947 to 957, post, inclusive, as to bond. This Article is founded on the statute of 1863, p. 647. bond. ARTICLE XVI. INSURANCE COMMISSIONER. SECTION 594. Eligibility. 595. General duties of. 596. Business of insurance not to be transacted without his certificate. 597. To examine affairs of companies, when. 598. Fines imposed if companies refuse. 599. May issue subpoenas. 600. Proceedings on insolvency of companies; must require 601. Proceedings when this is not done. 602. What constitutes insolvency. 603. Must keep a record. 604. May employ actuary, when. 605. Fees to be paid to Commissioner. 606. Assessments for deficiency in salary and expenses. 607. Certain certificates to be filed in his office. 608. Same. 609. May determine name of new corporation. 610. Statements to be made by insurance companies. 611. Statement, when to be made. 612. Form of. 613. Same. 614. Stock notes, how computed. 615. To furnish blanks. 616. Agent upon whom process may be served. Eligibility. General duties of SECTION 617. Duties of Commissioner when companies fail to make statement. 618. Deposits and dividends. 619. Deposits, receipts for. 620. Deposits returned, when. 621. Examination of securities. 622. Retaliatory clause. 623. Bonds from foreign corporations. 624. Same. 625. Commissioner to furnish Assessor with certain infor mation. 626. Securities. 627. Statements to be based on gold coin values. 628. Salary. 629. Salary of Deputy. 630. Contingent expenses. 631. Location of office. 632. Official bond. 594. No person is eligible to the office of Insurance Commissioner or Deputy who is an officer, agent, or employé of an insurance company. NOTE.-Stats. 1868, p. 336, Sec. 2. Is an executive officer but not constitutional. 595. The Insurance Commissioner must receivė all bonds and securities of persons engaged in the transaction of insurance business in this State, and file and safely keep the same in his office, or deposit them as provided in this Article. He must examine 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; 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, |