The regulation of certain mutual

nies.

No. 256.

A SUPPLEMENT

To an act approved the first day of May, one thousand eight hundred and seventy-six, entitled "A supplement to an act to establish an Insurance Department, approved the fourth day of April, one thousand eight hundred and seventy-three; providing for the incorporation and regulation of insurance companies, and relating to insurance agents and brokers, and foreign insurance companies," further providing for the regulation of insurance corporations, incorporated for the purpose of insuring, upon the mutual principle, against personal injury, disablement or death, resulting from traveling or general accidents by land or water, or accidents resulting from the pursuit of any trade or business, and against injuries of every nature and description to persons or property, causing loss, damage or liability, and arising from any unknown, contingent event whatever, except the perils and risks enumerated in the first, second, and fourth paragraphs of the third section of said supplemental act, approved the first day of May, one thousand eight hundred and seventy-six.

Section 1. Be it enacted, &c., That every insurance insurance compa- corporation, incorporated for the purpose of insuring, upon the mutual principle, against personal injury, disablement or death, resulting from traveling or general accidents by land or water, or accident resulting from the pursuit of any trade or business, and against injuries of every nature and description to persons or property, causing loss, damage or liability, and arising from any unknown or contingent event whatever, except the perils and risks enumerated in the first, second and fourth paragraphs of the third section of an act to which this act is a supplement, approved the first day of May, one thousand eight hundred and seventy-six, entitled "A supplement to an act to establish an Insurance Department, approved the fourth day of April, one thousand eight hundred and seventy-three, providing for the incorporation and regulation of insurance companies, and relating to insurance agents and brokers, and foreign insurance companies," except mutual companies doing only a Shall accumulate purely personal accident and health business, shall, from and after the passage of this act, accumulate and maintain a reinsurance reserve or emergency fund, equal to one-half the premiums on all unexpired risks that have less than one year to run, and a pro rata proportion of all premiums received on risks that have more than one year to run, according to the time of the expiration of such risks, and said fund shall be known as the "reinsurance reserve": Provided, however, That if the "reinsurance reserve," so determined, shall, in the opinion of the Insurance Commissioner, be insufficient for the protection of the policy holders and the payment of outstanding and accrued losses, the Insurance Commissioner shall require such additional reserve to be maintained by said insurance company as, in his judgment, may be equitable and just

and maintain a

"reinsurance serve."

Additional re

serve.

re

to both policy holders and company alike. Said "reinsurance reserve" shall be invested in the securities Investment of. in which insurance companies are by law allowed to invest their funds, and if not already accumulated shall be accumulated by every such insurance corporation within six months from the date this act shall take effect, or within six months from the date of the incorporation or organization of any such insurance corporation.

Section 2. Every policy or renewal receipt, issued by such insurance corporation, shall set forth that the same is subject to assessment for any liability of said Assessments. corporation which may accrue while said policy or renewal receipt is in force, and it shall be unlawful for such insurance corporations to issue nonassessable policies, otherwise known as stock or cash policies. The directors or trustees of any such company may determine the amount of all assessments to be made upon their policies, but in no case shall the assessment be more than three times the whole amount of the premium paid for the indemnity specified in the policy or renewal receipt.

Section 3. It shall be unlawful for such insurance corporations to issue any policy or renewal receipt upon which said corporations may be liable in excess

Amount of.

of the sum of ten thousand dollars ($10,000) on any Limit of liability. one accident, and it shall be distinctly stated and expressed in all policies or renewal receipts that the entire liability thereunder of said corporation is, by the terms of this act, restricted to ten thousand dollars ($10,000) on any one accident.

Section 4. It shall be the duty of every such insur- Annual stateance corporation to make an annual statement to ment. the Insurance Commissioner, before the first day of March of every year, upon the annual statement form, now issued by the Insurance Department of this Commonwealth, for the preparation and return of annual statements of stock insurance companies other than life, fire and marine, and shall furnish such additional information as the Insurance Commissioner may require. Said statement shall show the condition and business of said insurance corporation for the year ending on the preceding thirty-first day of December, and shall be signed by the president and secretary, and attested by their respective oaths and affirmations.

this act.

Section 5. That the provisions of this act shall not Application of apply to relief associations organized or formed by corporations for the exclusive benefit of their employes nor to any fraternal association or order that does business under a ritualistic or lodge system.

Section 6. All acts or parts of acts inconsistent with the provisions of this act be and they are hereby repealed.

Approved-The 10th day of June, A. D. 1901.

WILLIAM A. STONE.

Repeal.

Protection of nursery stock from San Jose scale, etc.

Examination of

stock.

Certificate.

Misdemeanor.

Government certificate.

No. 257.

AN ACT

For the protection of trees, shrubs, vines and plants, known as nursery stock, against destructive insects; providing for the enforcement of this act, the expenses connected therewith, and fixing penalties for its violation.

Section 1. Be it enacted, &c., That no person shall knowingly or wilfully keep any tree, shrub, vine or plant in any nursery in this Commonwealth, nor knowingly or willingly send out from such nursery any tree, shrub, vine or plant affected with San Jose Scale or other insect destructive of such tree, vine, shrub or plant.

Section 2. It shall be the duty of the Secretary of Agriculture to cause an examination to be made, at least once each year, of each and every nursery or other place in this State where trees, shrubs, vines or plants, commonly known as nursery stock, are grown for sale, for the purpose of ascertaining whether the trees, shrubs, vines or plants, therein kept or propagated for sale, are infested with San Jose Scale or other insect pest destructive of such trees, shrubs, vines or plants. If, after such examination, it is found that the said trees, shrubs, vines or other plants, so examined, are free in all respects from any such dangerously injurious insect pest or pests, the said Secretary, or his duly authorized agent or other person designated to make such examination, shall thereupon issue to the owner or proprietor of the said stock, thus examined, a certificate setting forth the fact of the examination and that the stock so examined is apparently free from any and all such destructive insect pest or pests.

Section 3. Should any nurseryman, agent, dealer or broker send out or deliver, within the State, trees, vines, shrubs, plants, buds, or cuttings, commonly known as nursery stock, and which are subject to the attacks of the insects designated in this act, unless he has in his possession a copy of said certificate, dated within the year thereof, or wrongfully be in possession of said certificate, he shall be guilty of a misdemeanor, and upon conviction shall be punished in accordance with the provisions of section eight of this act.

Section 4. All nursery stock, as designated in this act, sent out by any nurseryman, agent, dealer or broker within this State, shall be accompanied by a copy of said certificate attached to each box, bale or package. A certificate issued by an official of the United States, setting forth the fact that the nursery stock is free from any and all such destructive insect pest or pests, shall be accepted in lieu of State inspec

tion. Also, empowering all transportation companies to reject all nursery stock not accompanied with a certificate of inspection.

Section 5. Whenever any trees, shrubs, plants or vines are shipped into the State from some other State, country or province, every package thereof shall be plainly labeled on the outside with the name of the consignor, the name of the consignee, and a certificate showing that the contents have been inspected by a State or government officer, and that the trees, vines, shrubs or plants therein contained appear free from all dangerously destructive insects. When nursery

Interstate shipments to be la

beled, etc.

stock is shipped into this State, accompanied by a cer- certificate to be tificate as herein provided, it shall be held to be prima evidence. facie evidence of the facts therein stated, but the Secretary of Agriculture, by himself or his assistants, when they have reason to believe that any such stock is infested with dangerous insects, shall be authorized to inspect the same and subject it to like treatment, as provided in sections six and seven of this act.

Section 6. If, after examination, it is found that any nursery stock, either in a nursery or sent forth to deliver in this State, is found to be infested with San Jose Scale or other destructive insect pest or pests, it shall be the duty of the Secretary of Agriculture, by himself or his duly authorized representative or agent, to take means to control, prevent the spread of, or secure the extermination of such insect pest or pests, and shall have power to enter upon premises and order the treatment or destruction of such dangerously injurious insect pest or pests, or the nursery stock infested therewith, giving written notice to the owner or person in charge of the premises or nursery stock so infested. Such notice shall contain a brief statement of the facts found to exist, whereby it is deemed necessary to treat or destroy said trees, shrubs, vines or plants, and shall call attention to the law under which it is proposed to treat or destroy them. In case of objection to the findings of the inspector or agent of the Secretary of Agriculture, an appeal shall be made to the said Secretary, whose decision shall be final. An appeal must be taken within six days from the service of said notice, and shall act as a stay of proceedings until it is heard and decided.

Treatment of stock and de

struction of pest.

Appeal to Secretary of Agricul

ture.

Section 7. When the Secretary of Agriculture, or the person or persons appointed by him, shall finally deternine, in accordance with the provisions of this act, that any tree or trees, shrubs, vines or other plants, must be treated or destroyed, he shall notify in writing the owner or the person in charge of said infested stock or property, and shall direct him, within a time and in a manner prescribed in such notice, to treat or destroy such infested property. If the person so notified shall Refusal or negrefuse or neglect to treat, destroy or disinfect said

lect.

Recovery of costs.

Misdemeanor.

Fine.

Expenses.

Penalties and costs recovered.

Florists' stock.

property, in the manner and within the time prescribed in the said notice, the Secretary shall cause such property to be so treated, and he may employ all necessary assistants for that purpose; and such person or persons, agent or agents, employe or employes, may enter any or all premises in any township, borough or city, necessary for the purpose of such treatment, removal or destruction, and he shall certify to the owner or person in charge of the premises the amount of the cost of said treatment, removal or destruction, and if not paid to him within sixty days thereafter, the same may be recovered together with the cost of action.

All

Section 8. Any person violating the provisions of this act or offering any hindrance to the carrying out of this act, shall be adjudged guilty of a misdemeanor, and, upon conviction before a magistrate or justice of the peace, shall be fined not less than ten dollars and not more than one hundred dollars for each and every offense, together with all the costs of the prosecution, and shall stand committed until the same is paid. necessary expenses, under the provisions of this act, shall, after approval in writing by the Secretary of Agriculture and Auditor General, be paid by the State Treasurer upon warrant of the Auditor General, in the manner now provided by law: Provided, That not more than four thousand dollars shall be so expended for this purpose in any one year.

Section 9. All penalties and costs recovered for the violation of any of the provisions of this act shall be paid to the Secretary of Agriculture or his agent, and by him be immediately covered into the State Treasury, to be kept as a fund for the use of the Department of Agriculture in the enforcement of the law, and may be drawn out upon vouchers signed by the Secretary of Agriculture and approved by the Auditor General.

Section 10. The provisions of this act shall not apply to florists' greenhouse plants, flowers and shrubbery, known as greenhouse stock.

Section 11. This act shall take effect on the first day of August, Anno Domini one thousand nine hundred and one.

Approved-The 10th day of June, A. D. 1901.

WILLIAM A. STONE.