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ASSURANCE

FIRE ON BUILDINGS

lations, they shall proceed to efect by a majority of the votes of the subscribers present, agents for the management of the business And thenceforth of the said society, and thenceforth they shali be considered as a to be a body poli, body politic incorporated by this act, under the denomination aforesaid, and by that name shall have succession, and may sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in any court of law or equity in this com monwealth or elsewhere, and may buy and sell, do and execute every other thing relative to the society. But none of the subscribers or their agents shall be sued individually for any thing that relates to the assurance society in general. In case of law suits or any other business, application shall be made to the agents, and they shall appear and act for and in behalf of the society.

None of the sub

scribers or the

agents to be sued individually.

The majority of the society may change the rules thereof.

Premiums for insurance by

whom to be fixed.

4. The society, or a majority of them, shall be at liberty from time to time to alter and amend the rules and regulations as they may judge necessary, ・・

5. They shall agree upon certain premiums to be paid by the persons who shall have their property insured at the time of such insurance, which shall be deposited and kept as a fund for the pur To be kept as a pose of making immediate reparation to such persons as may sus fund for paying tain losses or damages by fire after proof that the fire actually hap for losses by fire. pened, unless it be proved that the proprietor of the buildings in sured did wilfully occasion the fire directly or indirectly.

When the fund 6. If the funds should not be sufficient, a repartition among the is deficient, the losses to be made whole of the persons insured shall be made, and each shall pay on good by the sub- demand of the cashier, his, her or their share according to the sum scribers, and the insured, and the rate of hazard at which the building stands, agree property insured pledged therefor able to the rate of the premiums, for which purpose it is hereby declared that the subscribers, as soon as they shall insure their property in the assurance society aforesaid, do mutually for them selves, their heirs, exccutors, administrators and assigns, engage their property insured (but none other) as security, and subject the same to be sold, if necessary, for the payment of such quotas.

How their re. spective quotas are to be ascer. tained and col lected

Insured failing

to pay, to lose bis insuranee un

til he does.

Policies to be assigned to purchasers and mortgagees who are to stand in

the room of the original subscribers.

7. That these quotas shall always be so rated as to raise and keep up a fund, so that the interest thereof may be deemed by the president and directors (to be elected by the said society) sufficient to pay the annual losses and expenses. If such quotas are found necessary, the president is to publish in the public newspapers how much the quota is of each rate of hazard per every hundred dollars, whereupon the insured shall pay the same on application to the cashier in whose office the property is insured. Whensoever any person or persons shall neglect to pay such quotas, the assurance to him made shall cease and discontinue from the day on which they became due until paid,

8. To the end that purchasers or mortgagees of any property insured by virtue of this act, may not become losers thereby, the subscribers selling, mortgaging, or otherwise transferring such property, shall at the time apprise the purchaser or mortgagee of such assurance, and endorse to him or them the policy thereof, And in every case of such change the purchaser or mortgagee shall be considered as a subscriber in the room of the original, and the property so sold, mortgaged, or otherwise transferred, shall still remain liable for payment of the quotas in the same manner as if the right thereof had remained in the original owner,

9. As an encouragement and compensation to the said William Compensation to Frederick Ast, for forming, suggesting and publishing the before- Wm. F. Ast, author of the plan. mentioned useful plan of mutual assurance, Be it further enacted, That he shall be entitled to have and receive annually, one cent for every hundred dollars that are or may be insured as aforesaid, to be paid him at the end of every three months, as the same become due, out of the funds of the said mutual assurance society, as a yearly stipend, and for which, if required by the insured, he is by quire him to perhimself or agent to perform faithfully the duty (which can reason- form such office ably be done by one person) of such office of the said society as he as they may ap may be appointed to by the same, and the emolument hereby al- point him to. lowed shall not in any manner be diminished during his good and faithful behaviour.

10. The subscribers in default of paying the premiums at the times fixed therefor, shall, on request of the cashier, be compelled to pay the same with six per cent. interest thereon to the day of payment, and their property shall be liable to be sold for the same as aforesaid.

Society may res

How subscri

bers may be compelled to pay the premi

ums.

11. This act shall commence and be in force, from and after the Commencement passing thereof.

CHAP. II.

An Act to explain an Act, entituled, An Act for establishing a
Mutual Assurance Society, against Fire on Buildings in this
State.

[Passed December 23d, 1795,-Acts of 1795, ch. 41, pa. 40.]

of this act.

WHEREAS it hath been represented to the general assembly, Preamble.

that in conformity with the requisitions of an act passed on the twenty-second day of December, in the year of our lord, one thousand seven hundred and ninety-four, entituled, " An act for establishing a mutual assurance society against fire on buildings in this state;" three millions of dollars and upwards have been subscribed for the purposes in the said act mentioned, and that at a numerous meeting of the subscribers lately held in the city of Richmond, agreeable to a previous notification in the Virginia gazette, doubts had been suggested relative to the meaning and construction of the said act, which were likely to prevent the plan thereby contemplated from being carried into effect, and it is therefore necessary for removing such doubts, so to explain the said act, as that the supposed ambiguities therein may be done away:

1. Be it enacted, and it hereby is enacted, That the said subscri- Majority of subscribers, in perbers, a majority of them in person or by deputation, being present, son or by depuor a majority of the sum subscribed when any meeting shall be tation may preheld, being there represented, shall have power and authority to ceed herein, proceed and act in all matters and things in the first recited act mentioned, in as full, absolute and unlimited a manner as they might or could do if all and every of the said subscribers were actually present and attending at any such meeting: Provided always, Proviso. That no meeting subsequent to the one now assembled or to be assembled next after the passing of this act, (respecting which no farther notification need be given) shall be authorised to proceed on any business whatsoever concerning the said institution, without having given at least three weeks notice in the Virginia gazette, of

the time when, and the place where, such meeting is to be held But it shall be lawful for any meeting, fifteen members being pre-" sent, to adjourn from day to day, until their business shall be finished.

For what premi2. And it is hereby further enacted, and declared, That the preums property li- miums, for the non-payment of which, property agreeable to the able to be sold. said first recited act, may be sold, shall be understood to be those premiums only, which under the regulations to be formed by the said society, shall become payable in consequence of any insurance to be hereafter made, or subscribed for, with the said society.

Commencement of this act.

3. This act shall be in force and have effect from the passing thereof.

Preamble.

Subscriptions of delinquent subscribers may be recovered on

motion, saving the trial by jury if required.

Same mode of

recovery given to subscribers,

against the society.

Construction of

tain cases.

Commencement

CHAP. III.

An Act to amend the Act, for establishing a Mutual Assurance So ciety against Fire, on Buildings in this State.

WH

[Passed January 12th, 1799.-Acts of 1798, ch. 30, pa. 16.]

WHEREAS the general assembly, by an act passed the twenty-second day of December, one thousand seven hundred and ninety-four, have bound the mutual assurance society against fire on buildings in the state of Virginia, to make immediate reparation to those who might meet with a loss by fire; and it is therefore just and expedient that the said society should also be enabled to recover immediately of the delinquent subscribers or members, the premiums and quotas which may be due from them:

1. Be it therefore enacted, That the said mutual assurance society, shall have full power to recover the whole or any part of such premiums or quotas, as are or may hereafter become due from any delinquent subscriber or member, under his subscription or declaration for insurance made to the said society, on motion of the cashier of the society, before the court of the county, or the court of the district wherein such delinquent may reside, ten days notice of such motion being previously given, and such court shall have full jurisdiction to hear and determine such motion, and to cause their judgment to be enforced with costs, by any legal execution, saving to any person against whom a motion shall be made, the right of a trial by jury if he shall desire it,

2. And be it further enacted, That any person or persons, whose property has been or may be insured, upon complying with the rules and regulations of the said society, shall have the same remedy against them, as they have against their delinquents by

this act.

3. And be it further enacted, That this law shall not have a retrospect to those persons that have subscribed before the organization of the said institution, and have not sent in their declarations for insurance, unless they send them in hereafter.

4. This act shall be in force, from and after the passing thereof.

No. Vil.
AGAINST FIRE ON BUILDINGS.

CHAP. IV.

An Act to amend the several Acts passed for the Establishment of the Mutual Assurance Society against Fire on Buildings of the State of Virginia.

[Passed January 23d, 1800.-Acts of 1799, ch. 15, pa. 10.]

WHEREAS it is represented to the general assembly, that Preamble. from the dispersed situation of the members and subscribers

of the mutual assurance society against fire on buildings of the state of Virginia, it is difficult to procure a general meeting of the said society: For remedy thereof, and by the particular request of the said society,

1. Be it enacted, That whensoever any general meeting of the said society shall be holden during the session of the general assembly, the senator of the district, or delegates of the city, borough or county, wherein any absent member or subscriber shall side, or one of them may represent such absent member or subscriber in such meeting, unless a proxy shall have been duly appointed.

Senators or dele

gates from the city &c. to repre. sent absent members at general meetings,

records to be e-

2. And be it further enacted, That in any, action, motion or suit, In motions &c. instituted against any member or subscriber for the recovery of a against delinpremium or quota due from him or her to the said society, any quents, copies of copy (as far as it relates to the delinquent member or subscriber) vidence. from the records of the said society, certified by the principal agent or cashier general upon oath, and signed by the president, or in his absence by any two directors, under the seal of the said society, shall be received as evidence and have as full faith and credit in all the courts of this commonwealth, as if the originals were produced.

3. This act shall commence and be in force from and after the Commencement · passing thereof.

1

CHAP. V.

An Act to amend the several Acts for the establishment of the Mutual
Assurance Society against Fire on Buildings, and also against
Fire on Goods and Furniture in the State of Virginia.

1

(Passed January 27th, 1803.-Acts of 1802, ch. 5, pa. 7.)

conditions:

BE it enacted by the General Assembly. That testatutual as- Tenants for life. surance society against fire on buildings of the state of Vir- and orphans proginia, may insure buildings held by tenants for life, widows in perty may be inright of their dower, and by orphans; Provided that the declara- sured on certain tions for insurance shall be signed by the tenants for life or widows, and the guardians or trustees of such orphans, as the case may be; which declarations for assurance so signed, shall be binding on such buildings, and the persons who have signed such declarations and their representatives, and particularly on the actual owners of such property in the same manner as if such declarations had been signed by owners in fee-simple of such property; subject, however, to the following provisions, limitations and restrictions; in ease the house occupied by any tenant for life, shall be destroyed by fire after insurance, such tenant for life, shall annually share from the said society during his or her life, the interest accruing on the principal sum of the loss insured, and the principal money

insured.

AGAINST FIRE ON BUILDINGS.

No. VII

shall be paid, after the death of such tenant for life, to the person or persons who are entitled to such house or houses in reversion or remainder; and in case such buildings be the property of an infant, the principal money shall be paid to the guardian or trustee of such infant.

Property in A 2. Be it further enacted, That the said mutual assurance society lexandria may be may insure buildings situate in the county of Alexandria; as also the mutual insurance company against fire on goods and furniture in the state of Virginia, may insure goods and furniture in the said county, within the district of Columbia, and such subscribers for insurance, shall have the same benefits and rights of recovery, as if he, she or they, had been citizens of this commonwealth; Provided That congress pass a law subjecting those who declare for insur ance in the aforesaid society and company, or either of them, to the provisions and regulations of the laws of this state, which are already, or may hereafter be passed, concerning the said socie and company.

Commencement

3. This act shall commence and be in force so soon as congress shall pass a law subjecting the citizens of the county of Alexandria, who shall hereafter subscribe for insurance in the said society and company, to the same mode of recovery in the court of the county of Alexandria, as is now allowed and granted by the laws of this commonwealth, against defaulting subscribers residing within this state.

Preamble:

Interest of town

and country divided.

CHAP. VI.

An Act for carrying into execution the Constitution of the Mutual Ass surance Society against Fire on Buildings of the State of Virginia lately adopted at a general meeting.

[Passed January 29th, 1805.-Acts of 1804, ch. 24, pa. 23.]

WHEREAS

HEREAS it hath been represented to this present general assembly, on the part of the mutual assurance society a gainst fire on buildings, that such a change in their constitution as shall separate the interests of the inhabitants of the towns from the interests of the inhabitants of the country, is essential to the equali zation of the risks; and that the same hath been agreed upon at a general annual meeting of the said society.

1. Be it therefore enacted, That the funds now in hand, as well as the debts due to the said society, shall be divided between the towns and country, in proportion to the capital subscribed by the towns and country respectively.

2. All premiums and quotas in future for the insurance of houses in towns, shall be applied, together with the interest that may accrue therefrom, to the payment of all losses which may sustained by the burning of houses in towns, and to none other.

be

3. All premiums and quotas in future for the insurance of houses in the country, shall be applied, together with the interest that may accrue therefrom, to the payment of all losses which may be sustained by the burning of houses in the country, and to none

other.

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