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ceeding against it may be served, and in such writing shall agree that any

lawful process against it which is served on said attorney shall be of the same legal force and validity as if served upon the association, and that the authority shall continue in force so long as any liability remains outstanding in this state. Copies of such certificate, certified by said superintendent of insurance, shall be deemed sufficient evidence thereof, and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. Service upon such attorney shall be deemed sufficient service upon such association. When legal process against any such association is served upon said superintendent of insurance he shall immediately notify the association of such service by letter, prepaid, and directed to its secretary or corresponding officer, and shall, within two days after such service, forward in the same manner a copy of the process served on him to such officer. The plaintiff in such process so served shall pay to the superintendent of insurance, at the time of such service, a fee of two dollars and fifty cents, which shall be recovered by him as a part of the taxable costs, if he prevails in the suit. Such superintendent shall keep a suitable record-book, in which he shall docket every action commenced against such associations or corporations, the time when commenced, the date and manner of service; also, the date of the judgment, its amount and costs, and the date of payment thereof, which shall be certified, from time to time, by the clerk of the court in which such action was brought. [Id., $ 3572.]

SEC. 476. The superintendent of insurance of this state shall upon the application of any association now organized and having the right to do business within this state as provided by this act, issue to such association a permit in writing, authorizing such association to do business within the state, for which certificate and all proceedings in connection therewith such association shall pay to said superintendent of insurance a fee of twenty-five dollars; and any association of the character

described in section 1 of this act, organized under any other Jaw of this state and now doing business therein, may reincorporate under the provisions of this act by resolution of their governing body, certified to the superintendent of insurance. Upon receipt of such resolution, so certified, and the payment of a feo of twenty-five dollars, said superintendent of insurance shall issue to said corporation a certificate of authority to transact business in accordance with the provisions of this act, and thereafter such associations shall be deemed fully incorporated under the provisions of this act. [Id., $ 3573.]

SEC. 477. Seven or more persons, citizens of the United States, and a majority of whom are citizens of this state, who may desire to form a fraternal beneficiary association, as defined in section 1 of this act, may make, sign, seal and acknowledge before some officer authorized to take acknowledgments of , deeds, a certificate in writing in which shall be stated: (a) The names and places of residence of the applicants; (6) Proposed corporate name of the association, which shall not too closely resemble the name of any similar association; (c) The object or purpose for which the incorporation is sought, including the plan of organization and method of conducting the business, including provision for corporate meetings for the adoption or amendment of articles of association and by-laws and the election of officers, to be held at least biennially; (d) The location of the principal office, which must be within this state; (e) Namber of directors or similar governing officers, and their names and residence, who shall manage the business of the corporation for the first year, or until the next corporate meeting. When said certificate has been duly signed and acknowledged by the proposed incorporators, it shall be filed with the superintendent of insurance of this state, and in case the superintendent of insurance shall find that its provisions are in accordance with section 1 of this act, he shall issue to said incorporators duplicate copies of said application, with his certificate indorsed

thereon that said corporation has been duly authorized to conduct the business provided for in its said application, according to the provisions of this act. When one of said certified copies shall have been filed for record in the office of the register of deeds of the county in which the principal office shall have been established, the remaining copy shall constitute the articles of association of said corporation: Provided, That said superintendent of insurance shall not issue said certified copies until said incorporators have paid him a fee of twenty-five dollars, and shall have satisfied him that there have been obtained bona fide applications for membership and insurance in said proposed association from at least five hundred applicants; and that a benefit fund had been established, and cash deposited therein to an amount at least equal to twice the amount of the lowest certificate proposed by said association; and the proposed by-laws, benefit certificate and application have been submitted to said superintendent of insurance and found to be not in conflict with this act. Id., $ 3574.]

Sec. 478. A fraternal assessment order, organized under the provisions of this chapter, shall be a body corporate and politic by the name stated in the certificate of organization, and by that name they and their successors may have succession, and shall be persons in law, capable of suing and being sued, and may have power to make and enforce contracts in relation to the business of their corporation; may have and use a common seal, and may change or alter the same at pleasure; and they and their successors in their corporate name shall, in law, be capable of taking, purchasing, holding and disposing of real and personal estate for the purpose of their corporation; may, by its board of officers, trustees or representatives composing its governing body, make by-laws not inconsistent with the constitution and laws of this state or of the United States, and such by-laws shall provide for annual or biennial meetings and provide the manner of filling vacancies in the board of officers;

and whenever officers or trustees are elected, a certificate under the seal of the corporation, giving name and residence and term of officers elected, which term of officers elected shall not exceed four years, shall be forwarded, duly certified, to the superintendent of insurance. The governing body shall also fix the compensation of all executive officers of the corporation in full compensation of services, and it shall not be lawful for any officer to take or receive any of the money or funds of such corporation in excess of the amount of salary so fixed, and such salary shall not be increased during the term for which officers are elected. It shall be unlawful for an officer of such corporation to use or expend any portion of the mortuary fund or emergency fund for expense purposes,


officer who shall authorize or use any portion of such funds for expense purposes shall forfeit his office and become personally liable to the corporation for all sums so illegally expended. [Id., $ 3575.]

SEC. 479. No association incorporated under the provisions of this act shall issue any certificate of membership or benefit certificate until its benefit fund shall contain an amount, in cash, at least equal to twice the amount of its smallest proposed death-benefit certificate; and if at the incorporation of any such association its proposed officers shall contribute any sums to such benefit fund, they may be afterward reimbursed from a special expense fund, which may be contributed for that purpose by the members. No such association shall issue benefit certificates except for the smallest amount provided for by its laws, until its membership shall be such that one assessment upon each will produce sufficient funds to pay its proposed next largest benefit certificate in full; a similar restriction shall apply until the number of its membership shall authorize the issuance of its maximum certificate. [Id., $ 3576.]

Sec. 480. Any such association incorporated under the provisions of this act may amend its articles of association in the manner provided for in its by-laws, and may provide for the

meeting of its legislative or governing body in any other state, province or territory wherein such association shall have subordinate bodies, and all business transacted at such meetings shall be valid in all respects as if such meetings were held within this state; and where the laws of any such association provide for the election of its officers by votes to be cast in its subordinate bodies, the votes so cast in its subordinate bodies in any other state, province or territory shall be valid as if cast within this state; and whenever any such association shall amend its laws it shall be the duty of its secretary or corresponding officer to file with the superintendent of insurance of this state a certified copy of all such amendments within thirty days after the adjourninent of the meeting at which such amendments were made. [Id., $ 3577.]

Sec. 481. The money or other benefit, charity, relief or aid to be paid, provided or rendered by any association authorized to do business under this act shall not be liable to attachment by trustee, garnishee or other process, and shall not be seized, taken, appropriated or applied by any legal or equitable process, or by operation of law, to pay any debt or liability of a certificate holder or of any beneficiary named in a certificate, or any person who may have any right thereunder. [Id., $ 3578.]

SEC. 482. Any person, officer, member or examining physician who shall knowingly make any false or fraudulent statemont or representation, in or with reference to any application for membership or medical examination, or for the purpose of obtaining any money or benefit in any association transacting business under this act, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or imprisonment in the county jail for not less than thirty days nor more than one year, or both, in the discretion of the court; and any person who shall knowingly make a false statement of any material fact or thing in a sworn statement as to the death or

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