СНАР. 156. upon application, insurance. SECT. 17. Upon application in writing to the commissioner by the officers of any insurance company doing business in this state, stating that they have reason to believe and do believe that any ulently obtaining person has procured of said company any insurance by false representations, or that said person has sustained a loss by the fraudulent act of the assured or with his knowledge or consent, and said company requests an investigation thereof, said commissioner or such magistrate as he may appoint, shall summon and examine, under oath, at such time and place as he shall designate, any person or persons, and require the production of all books and papers which may be necessary for a full investigation of the facts, and make report thereof with the testimony by him taken, and report the same to the company making such application. Such investigation shall be at the expense of said company, and it shall pay to the said commissioner or magistrate the witness fees to be taxed as in the supreme judicial court and his expenses, and ten dollars per day for his services. Expense of investigation. Injunction against life insur ance companies when the resour ces are not equal to liabilities. Commissioner may purchase life valuation tables. Injunction may be removed. Liability for issuing policies during the injunction. Appeal from de sioner to supreme SECT. 18. Whenever it shall come to the knowledge of the commissioner that the actual funds of any life insurance company doing business in this state are not of a net cash value equal to its liabilities, including the net value of its policies according to the "combined experience" or "actuaries' rate of mortality," with interest at four per cent. per annum, it shall be his duty to give notice to such company and its agents to cease issuing policies within this state. The commissioner may have authority to purchase and use the life valuation tables adopted by the insurance department of Massachusetts for this and all purposes of valuation under this act. When he shall become satisfied that the funds of such company have become equal to its liabilities, valuing its policies as aforesaid, he shall give notice to such company and agents that its business may be resumed in the state. If any officer or agent, after such notice of suspension has been given, shall issue any new policy from or on behalf of such company, he shall forfeit for each offence a sum not exceeding three hundred dollars; and the delivery of a policy in this state by mail or otherwise shall be deemed an issuing of such policy. SECT. 19. In case any company whose operations shall have cisions of commis- been suspended by the commissioner shall be dissatisfied with the judicial court. decision of the commissioner in suspending it or in refusing to allow it, upon application therefor, to resume business, it may petition the supreme judicial court for a revision of such decision. The petition may be presented to any justice of said court in vacation or term time, and he shall cause notice to be given to the commissioner of the time and place of hearing, which may be in chambers, and in vacation, and upon such hearing affirm or re verse the decision of the commissioner, and the decision of such CHAP. 156. justice shall be final. life policies from SECT. 20. All life policies and money due on the same are Exemption of exempt from attachment and from all claims of creditors during attachment. the life of the insured, where the annual cash premium paid does not exceed one hundred and fifty dollars; and when it exceeds that sum, if the premium has been paid by the debtor, his credi- Exception. tors have a lien on the policy or policies for such an amount in excess of one hundred and fifty dollars per year as the debtor may have paid for two years, subject however to any pledge or assignment thereof made in good faith. Foreign marine insurance com panies unrepreby agent, not sented in the state affected by this act. SECT. 21. This act shall not be so construed as to apply to any foreign marine insurance company which does not appoint agents to represent it in this state, or to interfere with the rights of any citizens to effect insurance with such company, either by making application in person or employing other persons, licensed as aforesaid, to negotiate such insurance. SECT. 22. All penalties provided by this act may be recovered Penalties, how in an action of debt in the name of the state, and the same shall enure to the state when collected. The county attorney for the county where the forfeiture is incurred shall sue therefor at the direction of the commissioner. SECT. 23. Section third of chapter forty-nine of the revised statutes, is amended, by striking out all the words in the last line after "" share;" sections twenty-one, twenty-two, thirty-nine and forty of same chapter; also chapter sixty-seven of the public laws of eighteen hundred fifty-nine; chapter two hundred and thirteen of the public laws of eighteen hundred sixty-three; section two of chapter one hundred and ninety-four of the laws of eighteen hundred sixty-eight, and all of chapter two hundred and twenty of the public laws of eighteen hundred sixty-eight, relating to insurance, are hereby repealed, saving all rights existing and all actions pending under any of such repealed acts. SECT. 24. No person holding the office of insurance commissioner under this act, shall at the same time hold the office of examiner of banks; and if the fees under this act amount to a sum greater than two thousand five hundred dollars, the balance over and above said sum shall be paid by said commissioner into the treasury of the state, and the commissioner is hereby directed to keep an accurate account of said fees received, and account for the same annually with the governor and council. recovered. R. S., chap. 49, sect. 3, relating to choice of direc tors, amended. R. S., chap. 49, sect. 21, 22, 39, chap. 67; 1863, chap. 213; 1868, 1868, chap. 220, chap. 194, sect. 2; repealed. Office of insurance incompatible examiner. commissioner with office of bank Act to take effect SECT. 25. This act shall go into force and take effect on the first day of July next, but the commissioner may be appointed at July 1, 1870. any time after its approval. Approved March 21, 1870. СНАР. 157. Public laws 1870, chap. 117, relat ing to drainage, not to affect Chapter 157. An act additional to "an act to amend chapter one hundred and one of the laws of eighteen hundred and fifty-nine, relating to drainage." Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. The act entitled "an act to amend chapter one hundred and one of the laws of eighteen hundred and fifty-nine, repending actions. lating to drainage," approved by the governor on the tenth day of March, eighteen hundred and seventy, shall not be applied to nor have any effect, operation or force, in any case in which a suit at law or in equity involving the question of the right of any person or corporation to construct, continue or deepen any drain, was pending in any court in this state when said act was approved. SECT. 2. This act shall take effect when approved. Approved March 21, 1870. Public laws 1869, relating to fishways, amended. Proceedings when disagreement between fish commissioner and owner of dam relative to fishway. Chapter 158. An act to amend an act entitled "an act to regulate the river and interior fisheries," approved March twelfth, eighteen hundred and sixty-nine. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Section four of chapter seventy of the public laws of chap. 70, sect. 4, eighteen hundred and sixty-nine, is amended, by adding at the end of said section the words, "provided, that in case of a disagreement between the commissioner of fisheries and the owner of any dam as to the propriety and safety of the plan submitted to the owners of such dam for the location and the construction of the fishway, such owner may appeal to the county commissioners of the county where the dam is located, if he does so within thirty days after notice of the determination of the commissioner or person authorized by him, and not otherwise, and at the request of the commissioner of fisheries, the senior commissioners in office. of any two adjoining counties shall be associated with them, who shall appoint a time to view the premises and hear the parties, and shall give due notice thereof; and after such hearing they shall decide the question submitted and cause record to be made thereof, and their decision shall be final as to the plan and location appealed from. If they decide against the owner their cost shall be paid by him, otherwise by the county," so that said section, as amended, shall read as follows: 'Sect. 4. Every dam or other artificial obstruction in any river CHAP. 159. or stream naturally frequented by salmon, shad or alewives, shall As amended. be provided by the owner or occupant thereof with a durable and efficient fishway, of such form and capacity and in such location as may be determined by the commissioner of fisheries or by any person authorized by him to determine the same. It shall also be incumbent on the owner or occupant of the dam to keep the fishway in repair and open and free from obstruction for the passage of fish during such times as may be prescribed by law; provided that in case of a disagreement between the commissioner of fisheries and the owner of any dam as to the propriety and safety of the plan submitted to the owners of such dam for the location and construction of the fishway, such owner may appeal to the county commissioners of the county where the dam is located, if he does so within thirty days after notice of the determination of the commissioner or person authorized by him, and not otherwise; and at the request of the commissioner of fisheries the senior commissioners in office of any two adjoining counties shall be associated with them, who shall appoint a time to view the premises and hear the parties, and shall give due notice thereof, and after such hearing they shall decide the question submitted and cause record to be made thereof, and their decision shall be final as to the plan and location appealed from. If they decide against the owner their cost shall be paid by him, otherwise by the county.' SECT. 2. All orders issued by said commissioner for opening a fishway in any dam and not yet complied with, are suspended during the time allowed by this act for an appeal, and no longer, and within thirty days after the passage of this act, the owner of such dam may make his appeal to the county commissioners, as provided in the preceding section; if they affirm the order of the commissioner on fisheries, they shall fix the time not longer than six months, in which such fishway shall be completed; but if they disaffirm such order, it shall be void. SECT. 3. This act shall take effect when approved. Approved March 21, 1870. Appeal from ex sh commis isting orders of sioner. Chapter 159. An act to amend chapter eleven of the revised statutes, relating to the employment of teachers. Be it enacted by the Senate and House of Representatives in Legis lature assembled, as follows: sects. 10, 48, 54, SECT. 1. Sections ten, forty-eight, fifty-four and fifty-five of R. 8., chap. 11, the eleventh chapter of the revised statutes, and the items or 55, and part of 53, CHAP. 159. specifications marked "second" and "fourth" of the fifty-third relating to school section of the same chapter are hereby repealed. committees and agents, repealed. R. S., chap. 11, sect. 11, relating to penalty for town failing to elect committees or supervisors. R. S., chap. 11, sect. 22, relating SECT. 2. The eleventh section of the same chapter, is amended, so as to read as follows: 'Sect. 11. Any town failing to elect members of superintending school committee or supervisor, as required by law, shall forfeit not less than thirty nor more than two hundred dollars.' SECT. 3. The fifth specification or item of section twenty-two of to commencement the same chapter, is amended, so as to read as follows: of school, amend ed. R. S., chap. 11, sect. 31, relating to portion of money for summer school, amended. R. S., chap. 11, sect. 49, item 1, 'Fifth-To instruct the superintending school committee or supervisor at what time the schools shall commence, if they find it practicable.' SECT. 4. The thirty-first section of the same chapter, is amended, so as to read as follows: 6 Sect. 31. A school district at a legal meeting may determine what proportion of their school money shall be expended for the support of a summer school, and the superintending school committee or supervisor shall expend it accordingly, if practicable.' SECT. 5. The first item or specification of section forty-nine of relating to notice the same chapter, is amended, so as to read as follows: of examination of R. S., chap. 11, 'First-They shall appoint suitable times and places for the examination of candidates proposing to teach in town, and give notice thereof by posting the same in two or more public places within the town at least three weeks before the time of said examination, or the publication for a like length of time of said notice in one or more of the county newspapers having the largest circulation in the county. They shall employ teachers for the several districts in the town and notify the several school agents of the teachers employed and the compensation agreed to be paid.' SECT. 6. The eleventh item or specification of section forty-nine sect. 49, item 11; of the same chapter, is amended, so as to read as follows: relating to classi. fication of scholars, amended. R. S., chap. 11, sect. 53, item 3, relating to duties of agents, amended. R. S., chap. 11, sect. 53, item 4, 'Eleventh-Determine what description of scholars shall attend each school, classify them, and transfer them from school to school in districts where more than one school is kept at the same time and no district committee is elected, and may authorize the admission of scholars in one district into the schools of another district.' SECT. 7. The third item or specification of section fifty-three of the same chapter, is amended, so as to read as follows: 'Third-To provide fuel and utensils necessary for the schools, and make repairs upon the school houses and out-buildings and procure insurance of the same if the district so direct; but no more than one-tenth of the money apportioned to the district shall be expended for such repairs in one year, exclusive of fuel and insurance.' SECT. 8. The fourth item or specification of section fifty-three of the same chapter, shall read as follows: |