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disability of a certificate-holder in any such association, for the purpose of procuring payment of a benefit named in the certificate of such holder, and any person who shall knowingly make any false statement in any verified report or declaration under oath, required or authorized by this act, shall be guilty of perjury, and shall be proceeded against and punished as provided by the statutes of this state in relation to the crime of perjury. [Id., $ 3579.]
Sec. 483. Any association authorized to do business under this act refusing or neglecting to make the reports provided for in this act, or which shall exceed its powers, or shall conduct its business fraudulently, or which shall take steps to remove any suit commenced against it in any of the courts in this state to any of the courts of the United States, or which shall fail to pay any judgment rendered against it in any court in this state, unappealed from, within sixty days of the rendition of such judgment, or which shall fail to comply with any of the provisions of this act, shall be excluded from doing business within this state. Whenever it shall come to the knowledge of the superintendent of insurance that any association authorized to do business under the provisions of this act has so conducted its business as to render it liable to exclusion as herein provided, he shall give notice in writing to the attorney-general, who shall immediately commence an action in one of the district courts of this state to enjoin such association from soliciting any new business within this state. No association doing business under this act shall have authority to solicit or initiate new members after notice of the commencement of such injunction proceedings by the attorney-general, until such time as such injunction proceedings shall be finally disposed of. If, pending such proceedings, the occasion thereof shall be removed and the costs of such proceedings paid by such association, the proceedings may be dismissed by the attorney-general, on recommendation of the superintendent of insurance, and thereupon said association shall
be allowed to again transact business in this state. In case of a perpetual injunction allowed, under the provisions of this section, against an association incorporated under this act or other law of Kansas, such injunction shall be sufficient cause for the appointment of a receiver, by any court of competent jurisdiction, to wind up the affairs of such association. No injunction shall be granted by any court in this state, against any association authorized to do business under this act, except on application of the attorney-general, at the request of the superintendent of insurance. [Id., $ 3580.]
Sec. 484. Any person who shall act as officer, agent, solicitor, or otherwise, within this state, for any association which shall have failed, neglected or refused to comply with or shall have violated any of the provisions of this act, or shall have failed or neglected to procure from the superintendent of insurance authority to transact, within this state, the business provided for in this act, or at any time when such association shall have been notified of the pending of injunction proceedings by the attorney-general against it, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars, or by imprisonment in the county jail not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court. [Id., S 3581.]
SEC. 485. None of the provisions of this act shall be construed as vesting discretionary power in the superintendent of insurance, but his construction of and decisions under any section of this act shall stand and be binding on all parties in interest until reversed by a court of competent jurisdiction in an action in the nature of an action in mandamus, to be prosecuted at his or its own cost, by any person or association dissenting from such construction or decision. [Id., $ 3582.]
SEC. 486. Nothing herein contained shall apply to grand or subordinate lodges of any fraternal society wherein the only
benefits provided for are for sick or funeral benefits not to exceed two hundred dollars in any one case, nor which limits its membership to a particular trade or calling, or the employés of a particular person, firm, or corporation, nor to any class of United States government employés, formed exclusively for their own or their families' protection against sickness, accident, or death. [Id., $ 3583.]
Sec. 487. Corporations may be organized under the general law relating to corporations, for the purpose of transacting the business of burial insurance, and may issue certificates or policies providing for defraying burial expenses, the premium to be paid on the assessment, installment or cash plan. [Laws 1903, ch. 334, $ 1.]
Sec. 488. Before beginning the transaction of business such corporation shall submit its charter, by-laws, form of certificate or policy, and general plan of operation, to the superintendent of insurance, who, if he approve the same, shall issue a certificate in writing authorizing such corporation to transact the business of burial insurance according to the general plan thus submitted to and approved by him, upon payment to him of a fee of twenty-five dollars. At least once each year, and oftener if required by the superintendent of insurance, every such corporation shall transmit to him a verified report, on such blanks and containing such information as he shall furnish and require; and for filing each annual report a fee of ten dollars shall be paid. The fees herein provided for shall be by the state superintendent of insurance paid into the state treasury, and credited to the general revenue fund. Whenever in the judgment of the superintendent of insurance any such corporation shall transact its business in an unsafe, unfair or dishonest manner, he shall report the facts to the attorney-general, who shall apply to the proper court for the appointment of a receiver to wind up
its affairs and for a decree dissolving such corporation. For the purpose of ascertaining the facts regarding any such corporation, the superintendent of insurance is authorized to proceed in accordance with the provisions of chapter 357 of the Session Laws of 1901.* [Id., $ 2.]
SEC. 489. Any corporation already organized under the laws of this state, and now transacting the business of burial insurance, may, upon complying with the provisions of section 2 hereof applicable to corporations hereafter organized, continue the transaction of such business. [Id., $3.]
* Section 278 of this compilation.
XI. MINING COMPANIES.
“Mining" Defined.- SEC. 490. The term “mining," as used in this and all other statutes, shall be held to mean the prospecting for and obtaining of all metallic and mineral substances, and in addition thereto coal, clay, stone, petroleum, and natural gas, and any and all other valuable products formed or existing beneath the earth's surface. [Laws 1903, ch. 360, $ 1.]
Sec. 491. In addition to the purposes for which private corporations may be formed, as heretofore provided, are the following: To prospect for and obtain any and all of the minerals, substances or products mentioned in section 1 of this act, and to manufacture and sell the same for the purposes to which they may be adapted, and to do any and all other things incident to the carrying on of the business of mining and the manufacture and sale of mining products, either separately or all combined, including the power to lease, hold, purchase, sell and convey real estate for the purpose of procuring or disposing of any of the minerals, substances or products herein mentioned. [Id., $ 2.)