of bond. one thousand dollars for each life insurance company, or three thousand dollars for each inland insurance company, association, firm or individual not incorporated under the laws of this State, for whose account it is proposed to collect premiums of insurance in this State, the conditions of such bonds to be as follows, viz: Conditions First, That the person or firm, agent or officer, named therein, acting on behalf of the company, association, firm or individual named therein, will pay to the Treasurer of the county, or city and county in which the principal office of the agency shall be located such sum per quarter, quarterly in advance, for a license to transact an insurance business, or such other license or licenses as are or may be imposed by law, so long as the agency shall remain in the hands of the person or firm, officer or agent, named as principal in the bond. Second, That the person or firm, officer or agent so specified as above will pay, or cause to be paid to the State, all stamp duties on the gross amounts insured by them, in such manner and at such time as may be prescribed by law, inclusive of renewals on existing policies. Stamp duties. Statement. Third. That within thirty days after the first day of June, in the year of our Lord one thousand eight hundred and seventyone, and within thirty days after the first of June in each succeeding year, the agent or officer named in the bond shall render to the Treasurer of the county or city and county in which the principal office of the agency shall be located, a statement sworn to by him, and exhibiting the gross amount of premiums collected by the agency, inclusive of the amounts collected by sub-agents throughout the State for each company or association, firm or individual insurer represented by him or them, respectively, from which shall be deducted the gross amount of return premiums; the first statement shall exhibit the amount so collected between What state- the first day of February and the first day of June, in the year of ment shall our Lord one thousand eight hundred and seventy-one, and sub exhibit. Who deem sequent statements shall exhibit the amounts so collected during the year terminating on the first day of June in each year respectively; and that on filing the statements as herein required, the agent or agents or officer named in the bond, shall pay to the Treasurer of the county or city and county aforesaid, a tax of two per cent. on the amount of gross premiums, after deducting return premiums, as set forth in his statements and collected from fire and inland risks, and a tax of one per cent. on the amount of premiums collected from life risks, and for the purposes of this Act, all premiums shall be deemed to have been collected which have been entered up on the books of the agency. SEC. 2. For the purposes of this Act, all persons, firms and ed agents. officers of companies or associations not incorporated under the laws of this State, and engaged in collecting premiums of insurance directly or indirectly, on fire, life or inland risks, shall be deemed to be agents of foreign insurance companies, and liable to all the provisions of this Act; and all express companies, not so incorporated, as aforesaid, engaged in the carriage of treasure or merchandise from and within this State, and insuring the same, whether themselves assuming the risk, or whether the risks be reinsured by companies or associations not chartered by this State, shall be deemed to be foreign insurers within the meaning of this Act, and shall be required to file with the Controller, a separate Express companies. Separate bond. bond for each express company taking risks, as aforesaid, and for each foreign company or association, reinsuring them on such risk. of Act. SEC. 3. Every person or firm who shall effect, agree to effect Violation or procure any insurance for citizens of this State, from, or on account of any insurers or insurance companies whatever, not incorporated under the laws of this State, after the first day of May, in the year of our Lord one thousand eight hundred and seventyone, without first having executed and filed the bond required in section one of this Act, shall be deemed guilty of a misdemeanor, Penalty. and shall on conviction thereof be fined in the sum of two thousand dollars for each company or association on whose account such insurance shall have been effected, one half of such fine to be for the use of the State, and one half for the benefit of the informer. But nothing herein contained shall apply to the subagents or employés of any principal agent who shall have complied with the requirements of this Act. filled with Treasurer. SEC. 4. A copy of the bond herein required to be filed with Copy of the Controller, certified by that officer, shall be filed with the bond to be Treasurer of the county or city and county, where the principal County office of the agency shall be located, before any license shall be issued to any agent for the transaction of insurance business, and shall remain on file in the office of the County Treasurer until he is notified in writing by the Controller of the termination of the agency and cancellation of the bond. bond for SEC. 5. Whenever the same person, firm, officer or agent separate shall desire to collect premiums of insurance for more than one each company, association or individual, not incorporated under the company. laws of this State, the Controller shall require a separate bond, as provided in section one, for each company or association so represented by such person, firm, officer or agent. statement. SEC. 6. If any agent or officer of a foreign insurance company, False as defined in section two of this Act, shall make any false statement, concealment or misrepresentation in the sworn statement required by section one of this Act, with the intent to defraud the State of revenue, he shall be deemed guilty of perjury, and shall be liable, on conviction thereof, to the pains and penalties as provided by law for the punishment thereof. All penalties imposed by this Act shall be collected in the name of the people of this State, by the prosecuting attorney of the county, or city and county, where the offense shall have been committed. Penalties. of bonds. SEC. 7. Every fire insurance company or association, not in- Special corporated under the laws of this State, shall, in addition to the deposit payment of the annual tax upon premiums, as prescribed in section one of this Act, make a special deposit with some banker or bankers of this State, who shall be approved by the Controller of this State, before issuing any policies of insurance or taking any risks of any amount whatever, of the sum of fifty thousand dollars, in such bonds or certificates of indebtedness of this State as may be authorized to be issued by the State Legislature; provided, such State bonds shall be of an issuance the date of which shall be subsequent to the passage of this Act; provided, further, that if a sufficient amount of Nevada State bonds or cer- Proviso. tificates of indebtedness cannot be procured to carry out the provisions of this Act, then such deficiency may be made up by Proviso. Power of Banker to be approved by Controller. No policy this Act is complied with. United States six per cent. bonds or other collateral deposits, as may be approved by the State Controller, by the first day of May, in the year of our Lord one thousand eight hundred and seventyone; provided, said companies and associations shall duly execute, acknowledge and deliver, and cause to be duly recorded in the office of the Controller of State, a good and sufficient power of attorney to some person who shall be a citizen of the United States and a citizen and resident of the State of Nevada, which power, so long as such company shall have outstanding policies of insurance in said State, shall be irrevocable, except by substitution of other person or persons, qualified as aforesaid, authorizing and empowering such attorney or attorneys to accept service of all writs and processes requisite and necessary to the complete acquisition of jurisdiction of such company by any of the courts of this State or United States courts therein, and constituting such attorney or attorneys the authorized agent or agents of such company, upon whom lawful and valid service of all writs and process may be made in all actions or special proceedings instituted by or against any such company, in any of the courts of this State or in any Federal court within this State, and which shall be necessary to the acquisition or complete exercise of the jurisdiction aforesaid of said courts. SEC. 8. Such banker or bankers so approved by the Controller shall hold said stocks and bonds or certificates of indebtedness, on special deposit, as security for policy holders in said companies, but so long as any company so depositing shall continue solvent, and shall comply with all the requisites of the laws of this State applicable to such company, shall permit such company to collect the interest or dividends on its bonds or certificates of indebtedness so deposited, and from time to time to withdraw any of such securities on depositing with such banker or bankers so approved by the Controller, other like securities, the value of which shall be equal to the value of such as may be withdrawn. SEC. 9. It shall not be lawful for any person to act within good unless this State as agent or otherwise, in receiving or procuring application for insurance in, or in any manner to aid in transacting the insurance business of any company or association, not incorporated under the laws of this State, until he has procured a certificate from the Controller that the company or association for which he acts has complied with all the provisions of this Act; and for every such certificate, so obtained, the sum of five dollars shall be paid to the Controller, and all policies issued or insurance taken before the issuance of such certificate shall be null and void for all purposes whatever. Bonds tachment. Further deposit. SEC. 10. All such bonds and certificates of indebtedness in the liable to at hands of such banker or bankers, so approved by the Controller, shall be liable to attachment or seizure under execution in any suit or judgment against such company or association, and within ten days after any such attachment or seizure the said company or association shall further deposit with such banker or bankers so approved by the Controller, such an amount of such bonds or certificates of indebtedness as shall equal in value what may have been sold; provided, that if at the time such further deposits may be required to be made there shall not be any State bonds subject to be disposed of by the State, such further deposit shall be made Proviso. in United States six per cent. bonds, California State bonds, or such other State bonds as may be approved by the Controller in an equal amount to the amount so seized or attached; and in case of failure by such company or association he shall revoke all certificates in behalf of said company or association, and shall cause a notification thereof to be published in some newspaper of the county of Storey for four weeks, and from the expiration of said ten days said company or association and all agents thereof shall discontinue the issuing of any new policy, or the taking of any further risks. when com pany desire quish busi SEC. 11. When any such company transacting business Proceedings within this State shall desire to relinquish its business, the Controller shall,, on application of such company or association to relin. under oath of the president or principal officer or secretary, or ness. any resident agent thereof, give notice of such intention in a newspaper printed and published in the county of Storey, at least twice a week for six months; and after such publication he shall direct such banker or bankers so approved by him, to deliver up, and they shall deliver up to such company or association the securities held by such banker or bankers belonging to such company, on being satisfied by the exhibition of the books and papers of such company or association kept by their agents or officers in this State, and upon the oath of the president or principal officer, or secretary of the same, or resident agent, that all debts and liabilities of every kind are paid and extinguished, that are due and may become due upon any contract or agreement made with any citizen of this State; provided, that the expense of all Proviso. printing under this Act procured by the Controller shall be paid by such company before delivery of the securities. SEC. 12. There shall be levied upon and collected from each per- License tax. son, firm, officer or agent collecting premiums of insurance in this State, or in any manner or in any capacity whatsoever, on either fire, life or inland risks, for or on account of any company, association, corporation or individual, a license tax of twenty-five dollars per quarter year, payable quarterly in advance, to such officer as may be appointed under the revenue laws of this State. Such collector shall account for and pay over the same at the time and in the manner that may be provided by law for the payment of other State and county licenses; the Treasurer of the county or city and county, shall pay into the State Treasury all moneys collected under the provisions of this Act, at the same time and in the same manner as other moneys belonging to this State may be required to Treasury. be paid; but nothing contained in this Act shall be construed to apply to sub-agencies reporting to and under control of the agent at the city or city and county where the principal office of the agency shall be located, and all requirements of this Act shall be complied with by the principal agent as aforesaid, who shall be deemed the agent for that purpose. To be paid into State of Act. SEC. 13. Every willful violation of sections seven, eight, nine Violation and ten of this Act, 'shall be deemed a misdemeanor and subject' the party violating to a penalty of five hundred dollars for each violation, which shall be sued for and recovered in the name of the State of Nevada by the prosecuting attorney of the county in which the company or the agent or agents so violating shall be situated, and the said penalty when recovered shall be paid into Repeal. the treasury of said county. In case of non-payment of such penalty the party so offending shall be liable to imprisonment for a period not exceeding six months, in the discretion of any court having cognizance thereof. SEC. 14. All Acts and parts of Acts in relation to insurance companies, inconsistent with the provisions of this Act, are hereby repealed. Deficiency appropri ations. For State frison clairns. Same. Same. Same. CHAP. LXXXI.—An Act making Appropriations for Deficiencies in the fifth and sixth fiscal years. [Approved March 8, 1871.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. The following sums of money are hereby appropriated out of any money in the Treasury not otherwise appropriated, subject only to the appropriation for the payment of the salaries of the Justices of the Supreme Court: For supplies of Nevada State Prison, twenty thousand two hundred and seventeen dollars and forty-three cents, the same to be paid in the adjustment of the claims of M. Rinkle, four thousand four hundred and eighty-five dollars and twenty-one cents. George Zenovich, one hundred dollars. Jacob Tobriner, two thousand seven hundred and fifty-one dollars and twenty-nine cents. A. B. Dresbach, one thousand two hundred dollars. Koppel & Platt, seven hundred and forty-one dollars. J. Rosenstock, one thousand and twenty-eight dollars. George Munckton, two hundred and eighty-five dollars and sixty-two cents. C. B. Luce, three hundred and eighty-five dollars. S. L. Lee, two hundred and fifty-two dollars and fifty cents. C. F. Colton & Co., three hundred and thirty-three dollars and thirty-seven cents. Mary Long, three hundred dollars. R. Č. Guirado, forty-four dollars. George Munckton, forty dollars. O. P. Willis, twenty dollars and twenty cents. Sheyer & Morris, six hundred ninety-three dollars and eighty cents. C. W. Friend, five dollars. Western Union Telegraph Company, seven dollars and fifty cents. H. S. Mason, forty dollars. F. D. Turner, six dollars and nine cents. R. Sharp, six dollars and seventy-five cents. |