county treasurer the city shall be absolute owner of any and all privileges, property and property rights of any such corporation, and all others in any way interested in any such plant, free and clear of the claims of all persons theretofore interested therein. Upon application of the city, writs of assistance shall be granted by said district court, directing the sheriff of the county to put such city into possession of such plant. The court shall determine as to the proper disposition of the sum so awarded, including the rights of incumbrancers, owners, and all others interested therein; and any such person aggrieved by such determination may review the same by petition in error in the supreme or appellate court. [Id., § 664.]

X. INSURANCE COMPANIES.

Insurance Department.-SEC. 270. The state department known as the "Insurance Department," created by chapter ninety-three of the Laws of 1871, shall have a chief officer, whose style of office shall be "Superintendent of Insurance"; and such officer shall be charged with the execution of all laws now in force or which shall hereafter be passed in relation to insurance and insurance companies doing business in the state of Kansas. [G. S. 1901, § 7298.]

Election of Superintendent.-SEC. 271. That at the general election to be held in the state of Kansas in November, in the year 1900, and every two years thereafter, there shall be elected a superintendent of insurance for the state of Kansas, whose term of office shall be two years from the second Monday in January next succeeding his election; and in case of vacancy in said office the governor shall appoint some suitable person to serve until the next general election and until his successor is elected and qualified. [Id., § 7300.]

SEC. 272. Before entering upon the duties of his office such superintendent shall take the proper official oath, and shall execute a bond to the state of Kansas for the sum of twenty thousand dollars, signed by two or more sufficient sureties, and conditioned for the faithful and prompt performance of all the duties of his office. Such bond shall 1. approved by the executive council, and shall, together with such official oath, be filed in the office of the secretary of state, and by him recorded. [Id., § 7301.]

SEC. 273. The superintendent of insurance shall be an elector of this state, and shall be a person well versed and experienced in the business of insurance and matters relating thereto, and

he shall give his personal presence and attention to the duties of his office; but in no case shall such superintendent be in the employment of any insurance company, or have any official connection with any insurance company, or any financial interest in any insurance company other than as policy-holder. [Id., § 7302.]

SEC. 274. Such superintendent may appoint a general dep uty who shall be known as "Assistant Superintendent of Insurance." Such assistant shall take the proper official oath, shall be a person in no way interested (except as a policy-holder) in any insurance company, and shall continue in office at the pleasure of the superintendent. In the absence of the superintendent, such assistant shall perform the duties of the superintendent, but shall in all cases execute papers in the name of the superintendent by himself as assistant. The superintendent shall also have power to employ another clerk from time to time as the business of the insurance department shall require. The superintendent shall be responsible for all acts of an official nature done and performed by his assistant or by any clerk in his office. Id., § 7303.]

SEC. 275. The superintendent of insurance shall perform al! the duties imposed or devolved upon him by the laws relating to insurance and the insurance department, and all other duties which are or may be required of him by law. [Id., § 7304.]

SEC. 276. Said superintendent may appoint a deputy, who shall in no way be interested in any insurance company, except as a policy-holder, whose appointment shall be evidenced by a certificate thereof, under the official seal of the superintendent, and who shall continue in office during the pleasure of the superintendent; and before entering upon his duties he shall take the oath of office hereinbefore prescribed for the superintendent, who, in case of the absence or inability of the superintendent, shall act as his deputy, and shall possess the powers and perform the duties of the superintendent. The superintendent shall

also have power to employ such other clerks from time to time. as may be necessary to carry on the business of his office with promptness and accuracy: Provided, The salary and wages of such deputy and clerks shall be paid by the said superintendent out of the amount hereby fixed by law as the salary of the superintendent; and whenever necessary for the examination into the business and affairs of any insurance company, may employ one or more skilled and competent persons to make such examination and report thereon; and whenever he may think necessary he shall call upon the attorney-general of the state for legal counsel and such assistance as may be necessary to enforce the provisions of this act; and all salaries, payments and expenditures for said insurance department authorized by this act shall be paid on the warrant of the auditor of state, who shall issue such warrant only on proper vouchers and bills filed in his office by the superintendent of the insurance department: Provided, All the expenses of the department hereby created shall be paid out of the fees and allowances named in this act, and the state shall not in any manner become responsible for any expense growing out of the business of this department, or any charges connected therewith. [Id., § 3367.]

SEC. 277. The seal of the superintendent of insurance shall be one inch and three-fourths in diameter, surrounded by the words "Superintendent of Insurance of Kansas," with such device as the governor and superintendent may prescribe, a copy of which shall be filed in the office of the secretary of state; and every certificate, assignment or authority executed by said superintendent in pursuance of any authority conferred by law, and sealed with his seal of office, shall be received as evidence, and may be recorded in the proper recording offices in the same manner and with like effect as a deed regularly acknowledged before an officer authorized by law to take the acknowledgment of deeds; and copies of any paper or record in the office of said superintendent, certified by him, and authenticated by the said

seal, shall in all cases be evidence equally and in like manner as the original. [Id., § 3368.]

SEC. 278. It shall be the duty of the superintendent of insurance, when he has reason to suspect the correctness of any statement of an insurance company, association, corporation or beneficiary society doing business in this state, whether incorporated in this state or not, or that its affairs are in an unsound condition, or that it is transacting business in violation of the provisions of any of the insurance laws of this state, to make, or cause to be made by some person or persons by him appointed for that purpose, an examination into the affairs of such company, association, corporation, or beneficiary society; and it shall be the duty of its officers or agents to submit their books and business to such examination and in every way facilitate the same. For that purpose, the superintendent of insurance or the person or persons so appointed by him shall have power to examine under oath (which he or they are hereby empowered to administer) the officers and agents of any such company, association, corporation, or beneficiary society, relative to its business. When it appears to the superintendent, from the report of the person or persons appointed by him, or other satisfactory evidence, that the solvency of any such company, association, corporation or beneficiary society is impaired, or that it is doing business in violation of the provisions of any of the insurance laws of this state, or that its affairs are in an unsound condition, the superintendent shall immediately suspend the certificate of authority of such company, association, corporation or beneficiary society until such solvency shall have been fully restored, or the laws of the state shall have been fully complied with, and he also may in such a case revoke the said certificate of authority, and cause a notice thereof to be published in at least one newspaper published in the city of Topeka, and, if such company, association, corporation or beneficiary society is one organized in this state, in the county in which its principal