The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1910-03-12
F|REMEN'S f1lS|ON ACT.
GOV. ANSEL APPROVES ACT REL
ATIVE TO FUNDS COLLECTED.
Act is In Effect Next Year-Fund Will
Not Accrue Until Latter Part of
191O--Text of the Law.

of the legislature, was signed yester-
day by Gov. Ansel. The constitutions
ality of this Act was questioned at a
hearing held before Gov. Ansel sew
eral days ago. Augustine T. Smythe
of Charleston appeared for the insur-
ance companies and the assistant at.
torney general, M. P. DeBruhl, repre-
sented the State. The act declares
and defines the conditions upon which
foreign fire insurance corporations
may engage in and carry on business
in this State and provides for the dis
tribution Of the funds arising from
the compliance with such conditions.
Insurance Commissioners McMaster
said yesterday that the act would not
go into effect until next year, all of
the insurance companies not yet re-
porting and that fund would not ac-
crue until the latter part of 1910.
AT the hearing before Gov. Ansel it
was claimed by the insurance COM
pslnies that the act was the same as
the one passed in 1906 and subse-
quently declared unconstitutional by
the Supreme Court. The contention
Of the State was that the act complied
with the constitutional requirements.
The Law.
The following is the act which is
now a law:
Section /. That no foreign corpo-
ration carrying on a fire insurance
business shall hereafter engage in,
carry on, or do any fire insurance
business in this State save and except
upon compliance with the conditions
in this act hereafter imposed, as we'll
as all other conditions now or, here
after imposed by law.
"Sec. 2. Every fire insurance COM
pany, corporation or association in
corporated under the laws of any 9TH
er State, or Of any foreign government
or country. now or hereafter desiring
to engage in or carry on business in
this State, shall return to the insur-
ance commissioner a just and true ac-
count, verified by oath, that the same
Is true account Of all premiums re-
ceived from fire insurance business
done during the year ending Decem-
Der 81 in any Incorporated city or
town of this State having or that may
have, a regular organized fire depart
ment under the control of the mayor
and council or intendant and council
Of said city or town, and having in
serviceable condition for fire duty, fire
apparatus and necessary equipments
belonging thereto to the value Of ST.
600 and upwards. Such returns must
be made by said companies, corpora
tions or associations within 60 days
after the approval of this act, ana
thereafter within 60 days after De-
cember 81 of each year.
''Sec. 8. Every fire insurance COM
pany aforesaid shall, within 60 days
after the approval Of this act, and
thereafter within 60 days after De-
cember 81 Of each year, deliver and
pay to the State treasurer the sum of
81 upon the 800, and at that rate up
on the amount OF all premiums writ
ten on fire within the limits of such
incorporated cities or towns during
the year ending December 81. in each
preceding year. or for such portion of
such period as said company, corpor-
alton or association shall have done
business in this State.
Sec. A. Every such company, cor
poration or association shall keep ac-
curate books of account Of all business
done by them in fire insurance within
the limits of such incorporated cities
and towns, and in case fraud or dis
honesty in said returns made by such
company, corporal IN or association
as provided for in section of act be
oPpc'iO IL SIdll DG the QuIy or the
insurance commissioner TO investigate
such returns and collect the amount
he shall find to be due.
"Sec. 5. Every foreign fire insur-
ance company which shall neglect to
keep such books Of account as afore-
said, or shall fail or neglect to report
or pay over any of the money due on
premiums as afor ,Said at the times
and In the manner specified in the
preceding sections of this act, or shall
be found upon examination 70 have
made false return of business done
by them, shall for each such offense
forfeit $500, to be applied to the same
purposes hereinafter prescribed in
section 8.
Sec. 8. In case Of making a de-