The Republican journal., 1901-03-28

at any time be reduced below an amount
equal III one assessment or periodical
call upon all OF its. members, nor to less
Than one thousand d a6n; ne lnsur
Februarv certify to the treasurer Of
state, tie minimum amount of reserve
fund required to, be kept on deposit in the
ness under this act. If said associa
ton shall neglect for sixty day
to satisfy any Judgment against it, N
any court in TINS staie e tnen the sald "a
said securities, and forthwith satisfy such
judgment, and said association shall not
transact any further business until said
deposit is restored. When any such as
ISOLATION shall discontinue business. any
justice of The supreme judicial court may
appoint Il receiver or agent to administer
any unexhaussed portion OF such fund
not TO exceed five per cent, as such cour
or justice may allow the receiver or
agent; first iii the payment of accrued,
tifcates or policies, or if insufficient TO
pay such claims in full, they shall be
paid, pro rata; second, if a balance re
maps after inc H 81 snch f f ms
holders of certificates then in force. pro
rata. in accordance with the total mort
uary payments of said members, aftcl
Distribution, Ii, upon the thirty-flrst da .
of December of amy year, the emergency
or reserve fund of any such ASSOCIATION is
found to be less than The amount of one
assessment or periodical call upon al
the members thereof, said association
shall, within six months thereafter, col
lcct from its members a sum sufficient
10 hrlnS said emcrSenc! or reserve lung
up to one assessment or periodical call
upon Ell its members, and deposit the
amount with the state treasurer to the
credit of said fund. =,
.if,lo cl,al
rc-insurc with or transfer its member
ship certificates or funds to any organi-
cation. unless the said contract of trans
aer or is lS5 su nn n tho 10
members of each association present at
meetings called to consider the same, of
which meetings written or printed notice
shall be mailed to each certificate holder
at least thirty days before the date fixed
for sand meeting, nor Unless the said con-
tract or transfer or reinsurance is first
suraace commissioner. The members OF
fraternal beneficiary ASSOCIATIONS shall
not ss vote BY PROXY: o, ,o.oca,, .,>
Citations organized under the laws of an
other state or country which were trans
acting business in this state as herein
defined, on the twenty-eignth day OF rep-
fuary, eighteen hundred and clghty-nine,
or which subsequently thereto have been
legally admitted to transact business in
this state and which now report or which
shall report when requested to the in
surance commissioner may continue such
business subject to the provisions of this
act \ fraternal beneficiary association
which was not transacting business in
this state on the twcnty-eighth day of
February. eighteen hundred and ninety
nine, and which has not since been legal
ly admitted to transact business therein
and which may hereafter desire to do so,
shall a first obtain ieense therefor dfar from
ceivins such license it shall file with the
commissioner a duly certified copy of its
charter or articles of association and a
copy of its constitution or laws, certi-
fled by its secretary or corresponding Of
ticer, a power of attorney TO the COM
missioner, as hereinafter provided; a
st:ltenent under oath OF the president
and secretary, or corresponding officers.
in the form required by the commits
sicne:, of its business for the preccd-
ing year: Il certificate from the proper
official in it's home state or country, that
Che company is legally org anized and that
similar associations of this state may be
admitted to transact business in said
state or country; 1t copy OF its .appiica-
ton and policy or certificate, which must
show that benefits are provided for by
assessments upon persons holding SIM
liar contracts, and shall furnish the COM
missioner with such other Information as
he MAY deem necessary to a proper ex-
hibit OF its business and standing and
plan of working, and if he deems it ex-
pedient he may license such association
10 90 DuSllleSS III lJlls3 SldtS III
with the provisions, Of this act; provided.
however, that no license shall be issued
to any such company unless it Shall have
adopted and have in force mortuary as
sessment rates which are not lower than
those now indicated as necessary by the
national fraternal congress mortality
tables. ANY such association upon filing
the papers herein required shall pay the
commissioner twenty dollars
Section 10. Each such association now
doing or hereafter admitted to do
business within this state, and net
having its principal office within this
laws of this state, Shall appoint in writ
ing the insurance commissioner and bis
successors in office to be its true and
lawful attorney, upon whom all lawful
against it shall be served. and in such
writing shall agree that any lawful proc
ess against it which is served on said
attorney shall be OF the same legal force
citation. and that the authority shall con-
tinue in force 50 long as any liability re-
mains outstanding in this state. Copies
of such appointment, certified by said in
surlnce commissioner, shall be deemed
sufficient evidence thereof, and shall be
admitted in evidence with the same force
ana effect as the original thereof might
be admitted. Service upon such attorney
shall be deemed sufficient service upon
such association. When legal process
against any such association is served
shall Immediately notify the association
of such service by letter. prepaid and di-
rected to its secretary or corresponding
officer, ard shall within two days after
such service forward in the same man
her Il copy of the process served on him
TO such officer. The plaintiff in such
process 50 served shall pay to the insur-
ance commissioner at the time of such
service Il fee of two dollars, which shall
be recovered Ey him as part of the, tax
able costs. if ne prevails in the suit.