Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-03-20

to any application for insurance. or for the
purpose OF obtaining any money or benefit
from any corporation doing business under
this act. shall be guilty of a misdemeanor,
and upon conviction, shall he punished by
a fine not less than one hundred or more
than five hundred dollars. or by imprison-
ment in the county jail for not less than
thirty days or more than one year, or by
both such fine and imprisonment, in the
discretion of the court, and any person who
shall Willfully make a false statement of
any material fact or thing in asworn state
ment as to the death or disability of a GER
tificate holder in any such corporation for
the purpose of procuring the payment Of a
benefit named in the certificate of such
holder, shall be guilty of perjury, and shall
be proceeded against and punished as pro-
vided by the statutes of this State in re-
lation to the crime of perjury.
SEC. IA. Every contract made by any
members, or in lieu thereof every notice of
assessment or call for the payment of
money, shall specify the amount to be paid,
the object and purpose for which it is to be
paid, the time the same shall become due,
and no funds or moneys received or COL
lected by any corporation or association
organized, existing or doing business here
under, for the purpose of paying or pro-
viding for the payment OF death losses, cas-
ualty lndemnitieS or other benefits, shall
be used or paid out for any other purpose
whatever. except as provided in such con-
tract or notice.
SEC. Is. The proceeds of any certificate
or policy issued by any such corporation
or association, except such as are expressly
made payable to a creditor or the legal rep
resentative of a member, shall be payable
in case of death or accident to the benefi-
ciary named therein, free from all claims
| of the representatives OF such member or
of any of his creditors.
SEC IL. No policy or certificate issued
by any corporation or association doing
business under the provisions of this act
shall lapse or be lapsed stor the non-pay-
ment of any assessment, dues or premium,
unless the corporation or association has
first mailed to the assured member under
| such policy or certificate at his or her last
I given postOffice address, a notice setting
forth the amount to be paid, and the time
the same is due and payable; and an Aft
dayit made by the officer, ]bookkeeper or
clerk of any such corporation having
charge of the mailing of notices setting
forth the facts as they appear on the rec
Ords in the Office of the said corporation,
showing that such notice was mailed and
the date of mailing, shall be accepted by
all courts of this State as conclusive evil
dence OF the mailing of such notice.
SEC. II. Every corporation doing bust
ness under this act shall annually return
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before the 1st day OF March, in such man
ner and form as is prescribed or may be
prescribed by the laws of this State relat-
ing to corporations doing business of in
uranc on the assessment plan in this
State, a statement OF its conditions and af-
fairs for the year ending OH the preceding
31st day of December. which statement
must be filed with the said Commissioner
and published the same as fire insurance
companies doing business IN this State, and
the said Commissioner, in person or by
deputy, shall have the power of visitation
and examination into the affairs of any
such corporation at any time in his discre-
ton.
SEC. IS. Every such corporation, associ-
alton or society of any other state or terri
tory doing business within this State, eX-
cept as have already made such designa-
ton, II every such association hereafter
commencing business within this State
shall, before doing business therein, desig-
nate some person residing in this State as
a person upon whom service of legal pro-
ceedings and papers may be made, as upon
such association, such designation to be
made by an instrument under the nand of
the president and secretary or other duly
authorized officers OF such association,
filed in the office of the Commissioner
of Insurance OF this State, and any legal
| process affecting such association, OrpOra-
ton or society served ON the Commissioner
of Insurance of this State, shall lave the
same effect as if personally served or the
association Or its authorized attorney.
Whenever service of any such legal pro-
cess is made on the Commissioner of In
s%urance, he shall at once notify by mail the
association, corporation or society affected
thereby. If the person designated as above
provided shall die or remOve from such
place, another person shall be appointed in
his place within thirty days and such at
t0rnaV at tho nntinn NJ 0scnoiotinn
corporation or society, be changed at any
time. Notice of any change of such associ-
alton, or any new or different designation
of a person upOn whom service may
be made as above provided, shall, I'M
der the hand OF such president and secre-
Commissioner aforesaid, within thirty days
after such change or new designation is
made. Upon failure to comply with any of
the provisions of this section within thirty
days after written notice by said Commits
siOner of said default and requiring such
compliance, such association shall cease to
do business in this State until compliance
Herewith; and any officer, agent or repre-
sentative of such association who shall is
sue any certificate during such failure,
after the expiration of such notice TO COM
ply with those requirements, shall be liable
to punishment as hereinafter provided.
SEC. 10. Amy such corporation, the IL
Sto v "ANSA 40 ASluoSo VI CfOhCus may
apply to the district court of Burleigh
county, North Dakota, for an order direct
ing said Commissioner of Insurance to
show cause at special term why said revo-
cation Of said license shall not be set aside
or license issued. On the return Of such
order the issue OF fact shall be put In writ
ing and shall be tried at special term in tie
usual mode of trials of fact in actions, un-
less said corporation shall request a trial
by jury. il a jury trial is requested by
said corporation the court shall order said
case to be placed on the general term cal
endar for trial. If the verdict or decision
shall be in favor of said corporation the
court shall direct said Commissioner to is
sue a license to said corporation forthwith.
SEC. 20. The Commissioner of Insurance
is hereby authorized and empowered to ad-
dress any inquiries to any Of the corpora
tons, associations or societies referred to
in this act, in relation to its doings or con-
dition, or any other matter connected with
its transactions relative to the business
contemplated by this act; and it shall be
the duty Of the officers of the corporation,
association OF society so addressed to
promptly reply in writing to all such in
quiries, under the oath of its president and
secretary, or other officers, if required.
SEC. 81. Every company, corporation or
society, person or persons to whom this act
1 ntn1l al ~H@t1 H. ~11~ g "