Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1901-04-03

Judgment, and SAID association shall DOT tr1ins-
act any further bnsineas until said depcsftis
RESTORED. when any such association shall
dtsc0ntinuo business. any jusflce of fle ia.
preme Judicial court may ARfcint receiver
81 ana rsS s sns r. aS zee Ss
pensation not TO exceed dso per cent, a. such
court or Justice nlny allow the receiver n
sgsnt nEst IL tls payment q accrued NOR
poaieies, Or Il insuficient to pay such claimA in
I'll. they shall be paid. pro rata !; second, il =
ans such balance s q be bs srSussd Fl s ts
holders Of certificates then Ia force, BRO rata
IN accordance with tho total morfuary psy-
mepts OF said members, after first paying all
expenses incident to such distribution. III
upon the thirty first day Of December OF auy
year. tho emergency or reserve fund Of any
amount OF ono assessment or periodical call
upon oil the Hcmbers III rcof, said nssocIu-
| ton shall, within six months thereafter, col.
lect from III members a sum sufficient to bring
said emergency or reserve fund up To one as
sessment or periodical call upon all its tncm-
beers, and deposit Che amount with the state
treasurer to the credit OF said fund.
section $. No such association shnll re In
sure With or transfer Its membership certif-
Gates Or funds % any organization, unless the
said contract OF transfer or insurance Is flrst
submitted 10 and approved be wo.fhrds
vote OF the members Of each association pres
cnt at meetings called to consider the same,
shall DO mailed TO each certificate holder at
least thirty days before the date 1xcd for said
fer or Reinsurance is first snbmitied to and
approved by the insurance commissioner.
Tho members of fraternal beneficiary associa-
lions shall not vote by proxy.
Sections. Frsternai beneficiary associations
organized under the laws of another state or
country which werc transaetlng business in
this state MS elm defined. on the twenty
eighth day of February. eighteen hundred and
eighty-nine, or Which subsequently thereto
have been legally admitted 70 transact bust
meas In this state and which now report or
which shall re port when requested to tho in
siirance commissioner msy continue such
business subject 70 The provisions Of this act.
fraterHal beneficiary association which was
not transacting business in this state on tho
twenty eighth day OF February, eighteen hun
been Legally ad,nitssd 10 transact w bnsiness
therein and which may hereafter desire TO 40
so, shall fret obtain license therefor from
such license it shall file with the commissioner
a duly certified copy of its charter or articles
Of association md . copy OF Its constitution or
ing officer, power of attorney to tho commis-
sioner, as hereinafter provided; statement
under oath OF the president and secretary, or
corresponding officers In the form required by
the commissioner, OF Its business for the pre-
ceding year, certificate from the proper off,
ciai In its home state or country, that the com
pany Is legally organized and that similar
associations of this state may be admitted to
transact business in said state or country; q
cate cate which must show that benc6is are pro- no
vided for by assessments upon persons holding
similar contracts, and shah furnish the com
missioner with such other information Hs he
may deem necessary to a proper exhibit OF Its
business and standing and plan Of working,
and If he deems 1t expedient no may LICENSE
such association to do business In this state In
accordance with the provisions OF this act;
provided, however, that no license shall be
issued to any such compnny unless 1t shall
have adopted md have In force mortuary
assessment rates which arc not lower than those
now indicated rs necessary by the national
| frnternal congress mortality tables. Any such
i a ~ irf, 30
quircd shall pay the commissioner TIVE nty
dollars.
4 ing or hereafter adn.itteatod do business within
this state and not having its principal office
| within this state. and not being organizct
writing the insurance commissioned and bill
successors in office to be its true and lawful
attorney, upon whom all lawful process in an,
and in such writing shall agree that any lawfu
process agai st 1t which Is served on sal,
attorney shall be Of the Same legal force an'
validity as If served upon the association. an
that the authority shall continue iu force s.
long MS any liability rcRAains outstanding Ii
s 81 sa, ssa dSpss o s s
deemed sufficient evidence thereof and shal
be admitted Ia evidence with the same fore
and effect as the original thereof might b.
admitted Service upon such attorney shal
be deemed sufficient service upon such nsso
ciafion- When legal process against any slicl
missioner, he shall Immediately notify the
| association OF such service by letter, prepaid
officer, and shall within two days after srleI
service forward in the came manner copy OF
the process served on him to such officer The
plaintiff in such process 50 served shall pay TO
the insurance commissioner ut the time of such
service a fee oftwo dollars, which shall be
recovered by him rs part OF the taxable costs,
If he prevails IN the suit.
| Section H. No certificate issued by any asso-
citation transacting business under this act
| shall be valid or legal which shall be condl-
1 tiOnAt nUrpp{Qant Unflprstap ftD
that the beneficiary shall pay the dues and
assessments, or either Of them for said member.
Every call for payment by the policy or Ger.
tifcafe holders shall distinctly state the par.
pose OF the same. No part of the money
collected for mortuary or Indemnity purposes
or for the emergency or reserve fund shall be
| used for expenses; provided that any such
association now transactiDg business In this
state and whose laws provide for and which Ia
| now using such funds for expenses may con-
| time so to do but not TO exceed the amount
| named for that purpose In such existing laws.
Section u. Any association authorized to
| transact business as defined In this act may
employ paid agents In soliciting business but
no person shall act as such agent until the assoc
citation or Its authorized manager has filed with
the insurance commissioner certificate certi.
flying that such person has been appointed as
the agent of the association. Upon receiving
such certificate the commissioner may, upon
the payment Of the fee of two dollars, issue
license to such person, authorizing him to
transact business in this state In accordance
with the provisions of this act ami snch license
shall expire on the first day of the next July,
but no license shall be issued under the proyi.
sions of this act to firms corporations. II
any person acts as such agent without first re-
ceiying such license or frandulently assumes to
be agent and solcits or procures risks or
receives money for premiums assessments
no forfeits not less than fifty dollars nor more
than one hundred dollars for each ofTense but
any policy certificate issued on such nppli-
cation binds the association, II otherwise valid.
Section 10. Any person who shall solicit
membership for, or in any manner assist In
procuring membership IN any such association
doing a business not authorized by this act, or
who shall solicit membership for, or in any
manner assist In procuring membership In any
such association not authorized, as herein pro-
gided. to do business as herein defined, in this
state, shall be guilty OF misdemeanor, and
upon conviction thereof, shall be punished by
a fine OF not less than nifty nor more than two
hundred dollars.
Section IA. Every association doing business
as herein defined shall annually, on or before
the first day of March, report to the insurance
commissioner the names and addresses or its
president, secretary and treasurer, or other
officers corresponding thereto, and shall make
under oath snch further statements OF its mem
bership and financial transactions for the year
ending on the preceding thrty-frst day of
December, with other Information reiat ng
thereto, as SAID commissioner may deem nee
essary to q proper exhibit OF its business and
standing; and the commissioner may at any
other times require any further statement he
IN la Ia fnla 10.