Birmingham state herald., 1897-02-27


 l shall be provided in the policy of insur-.l
 ance, and the sum or amount of insur- l ance becoming due and payable by the3 1 terms of the application and policy shall, ;, | be exempt from all creditors of the as-l | sured or beneficiary and must be padi | to the beneficiary So named in the policy. | or to his or her assigns.
 Sec. 33. That the sheriff of each county | shall, when required by thu insurance l commissioner in addition to his duties now required by law, appoint a compe-
 tert jury who shall be property holders 1 of not more than three citizens of the3 1 same county to investigate the cause, | origin and circumstances of every fire | | occurring or threatened in such county
 in which insured property has been de- | stroyed or damaged or threatened to be | destroyed or ohmaged by fire, who shall | be paid out of the insurance fund a per | diem of $1. 50 and mileage of three cents | per mile Such investigation shaIlabe be- | gun within two days, not including the | Lords day, of the occurrence of such | fire, and the sheriff shall direct such in- vestigation. The jury investigating shall, | within one week after investigation be-
 gins furnish to the said sheriff a written
 statement of all the facts relating to the | cause and origin of the fire, the kind, | value and ownership of the property | destroyed and such other informa ton | as may be required by the sheriff or in | surance commissioner. The sheriff of each county shall keep a complete record of all fires where property has been in-
 sured occurring in his county as may be | required of him by the insurance com
 missioner, which records shall at all | times be open to public inspection, and such portions of 1t IS the insurance conn missioner may desire must be tram
 scribed and forwarded to him.
 J. Sec. 34. That the said sheriff shall when in his opinion said proceedings are l necessary. take or cause to be taken, the ftestimony on oath of all persons SUD- 1 posed to be cognizant of any facts, or to | have means of Knowledge in relation to the matters as to which an examination | is herein required to be made, and shall cause the same to be reduced to writing; | and if the evidence, in his opinion. is suf- f1cient to charge any person with arson | he shall cause the arrest of. such person | and shall furnish to the proper solicitor | all evidence, names of witnesses and oth- | CT information in his possession. He shall | have the powers of 9 justice of the peace l in addition to his regular powers as l sheriff for the purpose of summoning l witnesses before him to testify, and false | swearing in any matter or proceeding
 aforesaid shall be deemed perjury, and 1 shall be punished as such He and his l jury shall, in the performance of his duty, have the authority to enter upon and examine any building or premises where l any fire has occurred and other buildings and premises adjoining same. All inves- | legations held by or under the direction | of the sheriff may in his discretion be
 
 l rate and apart from each other and not allowed 10 communicate to any one on | the subject under investigation until the 1 report is made public
 Sec. 35 That in regularly incorporated | cities, towns or villages having fire de- l partments and police protection 1t shall be the duty of the members of the fire 1 and police departments to render every assistance to the sheriff or jury that l may be required of them before, during l or after that investigation, that would | aid in the conviction of any one guilty l of arson. The chiefs or their assistants | of the fire and police departments of anY | city, town or village shall have the right | at all reasonable hours, for the purpose | of examination to enter into and upon 1 all buildings and premises within their l Jurisdiction. Whenever any of said of- l ficers shall find in any building or upon any premises coinbustible material or l inflamable conditions dangerous to the | safety of such building or premises they | shall order the same to be removed or remedied, and such shall forthwith be l complied With by the owner of said build- l ing or premises; Provided, however, that l if the said owner feels aggrieved he may l appeal to the sheriff and unless his de- | cision revokes the officers order, such | order shall be compiled with immediately | by the owner. Any owner of buildings | or premises failing to comply with the l orders of the authority above specified l within one week after notice shall be | SullIy or a InlSueInednOT anu punlSneQ Dy l a fine of not less than ten ($10.00) dollars, l nor more than fifty ($5c00) dollars for I each days neglect Any officer referred l to in this section who neglects or refused 1 to comply with any of the requirements 1 of this act shall be guilty of a misde- | meanor and punished by fine of not less l than twenty-five $25.00) dollars nor more I than five hundred ($50O00) dollars for | each offense.
 Sec. S6. That the sheriff may employ l clerks and an assistant, and incur such l expenses as may be necessary in the per l formance of his duties, not to exceed such | sum as the insurance commissioner may appropriate out Of the insurance fund 1 and must render to the insurance com 1 missioner in such form as may ba re- l quired an itemized account of all such | expenditures before payment is made. l Sac. 37. That inquisitofial power be, 1 and the same is hereby given the grand l jures of this state, to inquire into any violation of this act. and present or iTl- i dict such person or persons violating the 1 same, and that the judges of the courts of this state having proper jurisdiction, l shall giv- this ill charge to the grand ] juries of their respective courts.
 See. 5S. That for violation of any pre- | vision of this act the penalty whereof is not specifically provided herein, the of l fsrder shall be punished by a fine of not 1 more than five hundred (s50000, dollars l and every penalty provided for in this l act shall be sued for and recovered iii | the name or the Sldle NI Aldpana DE the l solicitor of the circni. In which the of- feus- is cimnitted and when sued for 1 and collected must be paid by the suic- 1 itnr to the insurance commissioner. less | 25 per cent. to be retained by said so- licitor for his services and in the casa i of non-pa ynnent of such penalty. th- par | ty if not a. corporation offsnding shall, l on conviction be imprisoned in the ceun- ] ty jail of sentenced to hard labor for the l county for q period not 10 exceed six hs in t1 inn of hp TT /! trial. and should a Judgment decie- nr i order of court be entered or made Hfter 1 service of process as prescribed hy this act against company the same shall l be valid and binding on said corpora l tien. as if it had been inrnrporats q by the | general assembly and served with pro i cess in this state, and when collected must be paid as dil ectei for individ- l ual. and in the event of non pa yment ] such insurance company shall for=vnr be ! debarred from tra ansact!ng business in l this state. Sec. 39 That the acts passed prior to on IL.