MISCELLANEOUS INSURANCE LAWS. Of Insurances on property in this State made in foreign countries, and by individuals and associations unauthorized by law. Title 21, Chapter XX, Part I of the Revised Statutes (with amendments and additions). SECTION 1. Insurances against loss by fire, by foreigners or their agents, prohibited. 2. Penalty, and application thereof. 3. State tax to be paid by agents of fire and marine insur- 6. Penalties, how collected and applied. 7. The provisions of this title extended to marine risks. 9. Agents of fire insurance companies of other States and 10. Agents shall give a bond, &c., before effecting insurances. 11. Penalty for insuring without having executed a bond. 12. Sections 1, 2, 3 and 4 of act passed March 30, 1849, re pealed, so far as applicable to New York city; proviso. 15. They shall give bond, &c., before effecting insurances. 17. Penalty for insuring without having given bond, or for 18. Treasurer of fire department to annually require of agents account; demand, how made; penalty for neglect of agent to render account. 19. Agents to report to Comptroller and to treasurer of fire department, his place of business, &c.; penalty for omission. 20. Duty, damages and penalties to be sued for by fire department. Certain insurances by 21. Non-resident defendant may be arrested; order of arrest 23. Repeal by first section of chap. 548, Laws of 1857, not to 24. Sections 1, 2, and 3 of chap. 178, act of 1849, to apply to cities and certain villages, &c. $1. No person, association, or company of persons foreigners residing in any foreign country, and no incorporation prohibited. established in a foreign country, nor any person in behalf of them or any of them, shall, directly or indirectly, make any contract of insurance, or by way of insurance, against loss or injury by fire, upon any house, building or goods, situated or being in this State.* [Laws of 1814, chap. 49, § 1; and Revised Statutes, part I, chap. 20, title 21, § 1.] Penalty, and application thereof. Amount to to be paid into treasury by agents. S2. Whoever shall offend against the foregoing provision, shall forfeit one thousand dollars, for the use of the poor of the county, where such illegal contract shall be made. [Laws of 1814, chap. 49, § 2; and Revised Statutes, part I, chap. 20, title 21, § 2.] S3. There shall be paid into the treasury of this State, on the first day of February in each year, by every person who shall act as agent for any individuals, or associations of individuals, not incorporated and authorized by the laws of this State, to effect insurances against marine losses and risks, although such individuals or associations may be incorporated for that purpose by any other State or country, the sum of two dollars upon the hundred dollars, and at *The following is the preamble to the original act of 1814, with a note contained in the Session Laws: PREAMBLE. Whereas, a certain company or association of persons in England, under the name of the "Phoenix Insurance Company," have appointed agents and established offices in this State for the purpose of making insurance in this State on behalf of the said English company or association: Therefore, &c. NOTE.As, during a state of war, foreigners, especially alien enemies, could not be coerced by any of our courts of justice to the performance of their contract, this act for this, among other reasons, was adopted by the Legislature. It is proper to mention that Chancellor KENT dissented to its passage in the Council of Revision. that rate upon the amount of all premiums which, during the year ending on the preceding first day of September, shall have been received by such agent or any other person for him, or shall have been agreed to be paid for any insurance effected or agreed to be effected or procured by him as such agent, or against marine losses or risks. [Laws of 1824, chap. 277; and Revised Statutes, part I, chap. 20, title 21, § 3; as amended by the Laws of 1837, chap. 30, § 2, and by the Laws of 1849, chap. 178, § 6.] not to act without S 4. No person shall, as agent for any individuals Persons or association, effect or agree to effect any insur- as agents ances, upon which the duty above mentioned is giving required to be paid, or as agent or otherwise procure such insurance to be effected until he shall have executed and delivered to the Comptroller a bond to the people of this State, in the penal sum of one thousand dollars, with such sureties as the Comptroller shall approve, with a condition that he will annually render to the Comptroller on the first day of February in each year, a just and true account of all premiums which, during the year ending on the first day of September preceding such report, shall have been received by him or by any other person for him, or agreed to be paid for any insurance against (marine) losses which shall have been effected by him or agreed to be effected as such agent, or which shall have been procured by him from any individuals or association not authorized as aforesaid; and that he will annually, on the first day of February in each year, pay into the treasury of this State two dollars upon the hundred dollars, and at that rate upon the amount of such premiums. [Laws of 1824, chap. 277; Revised Statutes, part I, chap. 20, title 21, Penalty for making insurance without having given bond. Penalties, how collected and applied. Provisions of R. S. applicable to marine risks. Repeal of preceding Bections, 4, 5, 6, 7, So far as they relate to fire in surance. § 4, as amended by the Laws of 1837, chap. 30, § 2, and by the Laws of 1849, chap. 178, § 6, and see § 7, post.] S 5. Every person who shall effect, agree to effect, or procure any insurance specified in the preceding third section of this title, without having executed and delivered such bond, shall forfeit five hundred dollars, for the use of the poor of the county, where the offense shall be committed. [Laws of 1824, chap. 277; and Revised Statutes, part I, chap. 20, title 21, § 5.] $ 6. The penalties imposed in this title shall be collected in the name of the people of this State, by the district attorney of the county where the offense shall be committed, for the use of the poor thereof. [Revised Statutes, part I, chap. 20, title 21, § 6.] $ 7. All the provisions of title twenty-first of chapter twenty of the first part of the Revised Statutes, respecting insurance on property in this State, made in foreign countries and by individuals and associations unauthorized by law, and all the prohibitions, requirements and penalties therein contained, are hereby extended and applied to contracts of insurance, or by way of insurance against marine losses and risks, or by lending money on respondentia or bottomry, and to all persons, associations or companies, and agents of the same, making, effecting or procuring any such insurance or contracts, by way of insurance or loan, or any other business which marine insurance companies incorporated by the laws of this State may or do transact by virtue of their respective acts of incorporation. [Laws of 1829, chap. 336, § 1.]* S 8. All the provisions of sections three, four, five, six, seven, of the title twenty-one, chapter twenty, of the first part of the Revised Statutes, as amended by act of the 21st February, 1837, so far as they relate to fire insurance, are hereby repealed. [Laws of 1849, chap. 178, § 6.] S9. There shall be paid to the treasurer of the fire department of the city of New York, for the use and benefit of said fire department, on the first day of February in each year, by every person who shall act in the city and county of New York, as agent for or on behalf of any individual, or association of individuals, not incorporated by the laws of this State, to effect insurances against losses or injury by fire in the city and county of New York, although such individuals or associations may be incorporated for that purpose by any other State or country, the sum of two dollars upon the hundred dollars, and at that rate, upon the amount of all premiums which during the year or part of a year, ending on the next preceding first day of September, shall have been received by such agent or person, or received by any other person for him, or shall have been agreed to be paid for any insurance effected or agreed to be effected or promised by him, as such agent or otherwise, against loss or injury by fire in the city and county of New York. [Laws of 1849, chap. 178, § 1.] $10. No person shall, in the city and county of New York, as agent or otherwise, for any individual, individuals, or association, effect or agree to effect any insurance, upon which the duty above mentioned is required to be paid, or as agent or otherwise procure such insurance to be effected, until he shall have executed and delivered to the said treasurer a bond to the fire department of the city of New York, in the penal sum of one thousand dollars, with such sureties as the said treasurer shall approve, with a condition that he will annually render to the said treasurer on the first day of February in each year, a This section repealed, so far as it relates to city. New York post. |