service may be made on such company by service on the Controller; provided that in such case the Controller shall immediately notify such company and the principal agent for the Pacific Coast, inclosing a copy of the service, by mail, post-paid; and provided further, that in such case no proceedings shall be had within forty days after such service on the Controller.

SEC. 9. Upon the written representation of three citizens, and the belief of the Controller, that any company organized outside of the State, and doing an insurance business in this State has less than two hundred thousand dollars paid-up unimpaired cash capital, it shall be the duty of the Controller to make such investigation or require such proof as shall be satisfactory to him concerning the financial condition of such company; provided however, the certificate of the insurance officer of any State having an insurance department, that such company has a paid-up, unimpaired cash capital equal to two hundred thousand dollars in United States gold coin, shall be accepted by the Controller as satisfactory. If such company does not, within sixty days after demand of the Controller produce such certificate, the Controller shall revoke his certificate of authority, to such company to do business in this State, and in the meantime may withdraw or withhold his certificate of authority until such certificate is produced. If after such withholding, refusal, withdrawal or revocation, such company or any officer, agent, or other person, shall write, deliver, or agree to deliver, any policy in such company, such person so violating the provisions of this Act shall be deemed guilty of a misdemeanor and on conviction thereof shall be subject to the penalties provided in Section 5 of this Act.

SEC. 10. No company not incorporated in the United States shall be permitted to transact an insurance business in this State, unless the same shall have deposited or invested for the benefit of its policy holders in the United States, in at least one State, a sum equal to two hundred thousand dollars, in gold coin, in excess of its liabilities in the United States.

SEC. 11. Nothing in this Act shall be construed to prevent any life insurance company having outstanding policies in this State from appointing agents to collect premiums thereon; provided, such company shall appoint an attorney, as provided in Section 8 of this Act, and pay five dollars for filing the power of attorney with the Controller, and the Controller shall issue his certificate authorizing the collection of premiums on outstanding policies only, and no requirement of capital herein sha'l apply to mutual life insurance companies possessing assets amounting to one million dollars or more.

SEC. 12. The Controller shall in determining the liabilities of any fire insurance compauy organized under the laws of this State, estimate and determine all debts and liabilities of such company, and shall calculate the re-insurance reserve for fire risks by taking fifty per centum of the premiums received on all unexpired risks having less than one year to run, and a pro rata premium on all risks having more than one year to run, and such estimates shall be charged as a liability against such company. The Controller shall accept the valuations made by the insurance officer of any State under whose authority any life insurance company is permitted to transact business in that State.

SEC. 13. This Act shall take effect on the 1st day of June, 1881, and all licenses issued by the Controller shall expire on the 31st day of December of each year, and shall be issued pro rata for any period less than one year,

and all companies having unexpired quarterly licenses shall have the full benefit thereof. Within thirty days after the 1st day of June, 1881, and within thirty days after the 1st day of January, 1882, and annually thereafter, each company doing or proposing to do an insurance business in this State shall apply to the Controller for a license, and if he shall be satisfied that such company is qualified to do business under the provisions of this Act, he shall issue the same, on the receipt in gold coin of the amount required herein, and the admission of an insurance company to do business in this State shall not be denied by the Controller when it makes and tenders a full compliance with the provisions of this Act.

SEC. 14. The Controller shall collect for filing each power of attorney and issuing his certificate, as required by this Act, five dollars; for an annual license to each fire insurance company, to transact business throughout this State, one hundred dollars; for an annual license to each life insurance company, co-operative insurance association, or mutual benefit society, to transact business throughout this State, one hundred dollars; for an annual license to each life and accident insurance company, to transact business throughout this State, one hundred dollars; provided, however, that nothing contained in this Act shall be construed to apply to any charitable secret society, or to prevent the same from issuing benefits to its own members. For examining the financial condition of any company or association organized in this State, the just and legitimate expenses of such examination, which shall be paid by the said company, and the Controller shall revoke or refuse his certificate of authority to any company neglecting or refusing to pay much expenses. All fines and penalties recovered under the provisions of this Act shall be paid into the State School Fund, and all licenses, fees and other collections by the Controller shall be paid into the General Fund of the State; provided, the Controller shall be allowed the just and legitimate expenses of the examination before mentioned.

SEC. 15. Any person who solicits insurance, receives an application or order to write, renew or procure any policy, collect any premium, or who attempts as middleman to place any fire insurance in this State when such person holds no authority as agent from any insurance company or general agent of such company, shall be deemed an insurance broker, and shall pay to the county where such business is condncted or attempted, in advance, a quarterly license of fifteen dollars, and the license collector of the county shall colleet the same. If such broker shall refuse or neglect to procure such license, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five dollars, nor more than fifty dollars for each offense, and in default of payment of the fine shall be imprisoned in the county jail not more than twentyfive days.

SEC. 16. The Controller may, at any time, require any insurance company doing business in this State, to file in his office an authenticated copy of the certificate of incorporation, copy of the law, charter or deed of settlement under which its organization or formation was effected and its business is conducted; provided, however, that no company shall be required to file more than one such copy in this State. ·

SEC. 17. The provisions of this Act under either term or designation of company, corporation, association, firm, or individual in either case, or where either term or designation is used, shall apply to any insurer, company, corporation, association, firm or individual engaged as insurers, or

who may hereafter engage as insurers in this State, or who may engage in offering or affording indemnity against the casualties of fire or life.

SEC. 18. Any officer, agent or employee of any insurance company or other person violating any of the provisions of this Act, shall, on conviction thereof, be fined not less than fifty dollars, nor more than three hundred dollars, and in default of payment of such fine shall be imprisoned in the county jail not less than ten days nor more than three months, except as otherwise specially provided in this Act, and the Contioller is authorized and directed to cause proceedings to be instituted in the name of the State of Nevada, in any court of competent jurisdiction, to enforce the provisions of this Act.

SEC. 19. In the event of the total destruction of any insured property on which the amount of the appraised or agreed loss shall be less than the total amount insured thereon, the insuring company or companies shall return to the insured the unearned premium for the excess of insurance over the appraised or agreed loss, to be paid at the same time and in the same manner as the loss shall be paid.

SEC. 20. "An Act to tax and regulate foreign'insurance companies doing business in this State," approved January 31, 1873, is hereby repealed, and all other Acts and parts of Acts in so far only as they conflict with the provisions of this Act are hereby repealed.

AN ACT REQUIRING INSURANCE COMPANIES TO MAKE ANNUAL STATEMENTS TO THE STATE CONTROLLER.

[Approved February 23, 1889.]

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

SECTION 1. Every insurance company, of whatever kind or character, and every mutual life or assessment association, except charitable secret societies issuing benefits to its own members only, shall annually, during the month of January, file in the office of the State Controller a statement, signed and sworn to by its president and secretary, which shall exhibit its financial condition on the thirty-first day of December of the previous year, and shall include a detailed statement of its assets and liabilities, the amount and character of its business transacted, and moneys received and expended during that year, specifying particularly its business transacted in Nevada, and such other information as the State Controller may deem necessary to elicit a complete and accurate exhibit of its condition and transactions, and in such form as he may prescribe. The annual statement of a company of a foreign country shall embrace only its business and condition in the United States, and shall be subscribed and sworn to by its resident manager or principal representative in charge of its American business. The transaction of any new business by any company, or its agents, after neglect to file a statement in the manner herein provided, shall be unlawful.

SEC. 2. Any company that neglects to make aud file its annual statement in the form and within the time provided by section 1, shall forfeit one hundred dollars for each day's neglect, and upon notice by the State Con

troller to that effect, its authority to do new business shall cease while such default continues. For wilfully making a false annual or other statement it is required by law to make, an insurance company and the persons making oath to or subscribing the same, shall severally be punished by fine of not less than five hundred nor more than five thousand dollars. Any person making oath to such false statement shall be deemed guilty of the crime of perjury.

SEC. 3. The State Controller shall annually report to the Governor abstracts of all statements received, together with such suggestions as may be pertinent.

SEC. 4. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO REGULATE AND LICENSE MUTUAL LIFE ASSOCIATIONS IN THIS STATE," APPROVED FEB. 26, 1887.

[Approved March 9, 1889.]

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

SECTION 1. An Act entitled "An Act to regulate and license Mutual Life Associations in this State," approved February twenty-sixth eighteen hundred and eighty-seven, is hereby amended so as to read as follows:

SECTION 1. Mutual Life, Endowment and Accident Associations, conducted wholly on the assessment plan, duly incorporated and organized, shall not be required to make a showing of capital stock, but shall be permitted to do business in this State upon the following conditions only: They shall each pay into the Treasury of this State, under the direction and to the satisfaction of the State Controller, the sum of two hundred dollars per annum. Upon the payment of said sum the State Controller shall issue to such association a license, duly verified under his hand and attested by his seal of office, authorizing such association to do business in this State for the period of one year from the date thereof, and subject to the provisions of an Act entitled "An Act to license and regulate insurance business in this State," approved February twenty-third, eighteen hundred and eighty-one, except so far as in this Act special provision is made.

INSURANCE LAWS.

SECTION 2394.

UTAH TER.

FIRE INSURANCE COMPANIES.

[Approved March 13, 1884.]

s 1. That it shall be unlawful for any fire insurance company, association, corporation or partnership incorporated by or under or organized pursuant to the laws of any foreign government, and State or Territory of the United States, or any person or persons, directly or indirectly, to take any risks or transact any business of fire insurance in this Territory, unless possessed of an actual paid-up capital of not less than two hundred thousand dollars, except as hereinafter provided.

SEC. 2395. s 2. It shail be unlawful for ary agent of any fire insurance company to transact the business of fire insurance within this Territory, unless the insurance company shall have first obtained a certificate of an authority from the Secretary of the Territory, which certificate shall be issued to said agent upon his filing with said secretary, a statement, sworn to by an officer or manager of said company, showibg,

1. The name and locality of the company.

2. The amount of capital stock.

3. The capital paid-up.

4. The amount of its assets and liabilities.

5. Net surplus over all liabilities.

6. The name of its attorney or agent for the Territory, upon whom service or process in any civil action, against said company, may be made. 7. Receipts and expenditures during the year.

SEC. 2396. s 3. The statement referred to in Section 2 shall be renewed annually in the month of April of each year, and a copy thereof certified by the secretary of the Territory shall be published by each company, on or before the 30th day of April of each year, at least four times, in some newspaper published in this Territory, and having general circulation therein; provided, that in case of companies organized in foreign lands, the filing and publishing of the annual statement may be done or July 30th, of each

year.

SEC. 2397. s 4. It shall be lawful for the agent of a companies or com panies which have complied with the grovisions of this act, to procure insurance through such companies, their officers or agents, from other insurance companies having a paid-up capital of not less than two hundred thousand dollars.

SEC. 2398. s 5. The secretary of the Territory shall be entitled to the following fees herein: For filing statements mentioned in Section 2, five dollars; for issuing certificate of authority, five dollars; for issuing each subsequent certificate of authority to other agents of the same company, five dollars.