Condition upon which be issued. insuring against the loss of money and securities in course of transportation when shipped by registered mail, shall be admitted and licensed to do business in this State as hereinafter provided. SEC. 2. Before any such company shall be permitted license shall and licensed to transact business in this State, it shall have in force five hundred or more policies on which the premium shall have been paid in cash or shall be evidenced by the written contracts of the policy holders, on which not less than one-fifth of the amount shall have been paid in cash, and the cash and contracts for premiums shall amount in the aggregate to a sum of not less than fifty thousand dollars. The premium contracts so held shall constitute a part of the assets of the company. Statement filed with auditor. SEC. 3. Every such company, association or partnership shall file in the office of Auditor of State a certified copy of their charter or deed of settlement, together with a statement, under oath, of the president or vice-president, and secretary of the company, for which he or they may act, stating the name of the company and place where located, a detailed statement of its assets, showing the number of policy holders, aggregate amount of premium contracts, the amount of cash on hand, in bank, or in hands of agents, the amount of real estate, and how the same is incumbered by mortgage, the number of shares of stock of every kind owned by the company, the par and market value of the same, amount loaned on bond and mortgage, the amount loaned on each, and the estimated value of the whole amount of such securities; any other assets or property of the company, also stating the indebtedness of the company; the amount of losses adjusted and unpaid; the amount of losses incurred and in process of adjustment; the amount resisted by the company as illegal and fraudulent, and all other claims existing against the company; also a copy of the last annual report, if any, made under any law of the State by which such company was incorporated; and no agent shall be allowed to transact business for any such company whose reinsurance reserve as required in this act is impaired, while such deficiency shall continue. Nor shall it be lawful for any agent or agents to act for any company or companies referred to in this act, directly or indirectly, in taking risks or transacting the business of burglary and robbery insurance or the insuring of the safe shipping of money and securities by registered mail, in this State, without procuring from the Auditor of State a certificate of authority, stating that such company has complied with all the requisitions of this act which apply to such companies. limited. SEC. 4. Any company permitted and licensed to trans- Business act business in this State under this act shall confine its line of business to that stated in Section one of this act. And shall confine its business in this State to banks, bankers, loan companies and County Treasurers, and shall not issue any policy or policies to any persons, firms or corporations in this State other than banks, bankers, loan companies and County Treasurers. Every such company shall set reserve. aside a reinsurance reserve of fifty per cent. of its premiums, whether collected in cash or represented by obligation of the policy holders, as written in its policies. Reinsurance policy holder. SEC. 5. Policy holders of any company permitted to Liability of transact business in this State under this act shall be held liable to pay the membership fee and premium on their insurance as paid or contracted to be paid at the time the policy is taken out, and shall not be held liable for any other or further assessments or claims on the part of the company or its policy holders. The membership fee and Payment of premium agreed upon may be collected in cash at the time fee. policy is issued or evidenced by a written obligation of the policy holder as may be agreed upon by the company and the policy holder. Such payment or obligation shall be the limit of the liability of the policy holder to the company for premium on their insurance. membership Service SEC. 6. When any suit is brought against any company of process. doing business in this State under the provisions of this act, process shall be served under the provisions of the act in that behalf, approved April 15, 1883; and such process, when so served, shall be sufficient for all purposes. statement. SEC. 7. The statement and evidences of membership, Renewal of assets and investments required by Section three of this act shall be renewed from year to year, in such manner and form as may be required by said Auditor of State, with an additional statement of the amount of premiums received in this State during the preceding year, so long as such agency continues, and the said Auditor of State on being satisfied that the membership, assets, securities and investments remain secure, as hereinbefore mentioned, shall furnish a renewal of the certificate, as aforesaid, upon the payment to the State, at the time of filing the statement herein provided for, a fee of five dollars for each Indiana corporation and twenty-five dollars for each foreign corporation. Any violation of any of the provisions of this Penalty. act shall subject the party violating the same to a penalty of not less than one hundred dollars or more than five hundred dollars. Preamble. Flag of CHAPTER CL. AN ACT to adopt the United States Flag as the Banner of the WHEREAS, The State of Indiana has no flag; and, SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That said flag of the United States, representing each State with a star in its blue field, be and is hereby adopted as the flag of the State of Indiana. Prosecuting attorney to defend in divorce cases. CHAPTER CLI. AN ACT to regulate the granting of divorces in counties having a population of one hundred thousand (100,000) or more, according to the last preceding United States census; prescribing the duties of the Prosecuting Attorney in relation thereto, providing a compensation therefor, and declaring an emergency. SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That whenever a petition for the granting of a divorce shall be filed in any of the Circuit or Superior Courts of this State, in any county having a population of one hundred thousand (100,000) or more, by the last preceding United States census, and the time fixed in the summons issued on said petition for the return thereof has expired and there is no bonafide appearance of counsel for defendant entered in the appearance docket of said courts, for the purpose of making a good faith defense in the opinion of said courts it shall be the duty of the Judges of said courts to notify the Prosecuting Attorney of the judicial district where said courts are situated, to enter his name upon the appearance docket where said cause is docketed, and he shall resist and defend said petition on behalf of and in the name of the State of Indiana. prosecuting SEC. 2. Whenever any petition for the granting of a Fee of divorce shall be filed in any of the Circuit or Superior attorney. Courts of this State, and the name of the Prosecuting Attorney as hereinbefore provided shall be entered upon the appearance docket as provided in Section 1 of this act, the court, upon motion of said Prosecuting Attorney, shall make an order requiring the person filing such petition to pay the Clerk of said court, before any further action shall be taken in said cause, the sum of five dollars, which sum shall be paid by said Clerk of said court to said Prosecuting Attorney, and shall be in full payment of his attorney's fees for the defense of said petition. If said order is not complied with within twenty days, the said petition shall, upon motion of said Prosecuting Attorney, be dismissed. authority attorney. SEC. 3. Every attorney appearing for the defendant Written in a divorce suit, other than said Prosecuting Attorney as filed by provided in Section 1 of this act, shall, if ordered by the court, file a written authority executed by the defendant, and no appearance shall be recognized until such written authority shall be filed. And it shall be made the duty of said Prosecuting Attorney, at any time, to appear and defend any such petition at the request of the Judge of the court before whom said petition is pending, if it shall appear to said Judge that an attempt is being made to secure the granting of said divorce by collusion of parties, and the same order shall be entered against the plaintiff as provided in Section two of this act. SEC. 4. Whereas, an emergency exists for the immedi- Emergency. ate taking effect of this act, the same shall be in force and effect from and after its passage. CHAPTER CLII. AN ACT to legalize the incorporation of the town of Howell, in Vanderburgh County, State of Indiana, providing that the law shall not affect pending litigation, and declaring an emergency. [S. 282. APPROVED MARCH 9, 1901.] SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That all steps taken and acts done in and about the incorporation of the town of Howell, in 22-LAWS. Vanderburgh County, State of Indiana, be and same are hereby legalized and declared to be legal and valid: Provided, however, That nothing in this act shall in any way affect any suit now pending in any of the courts of this State. SEC. 2. Whereas, an emergency exists for the immediate taking effect of this act, the same shall be in force from and after its passage. Act amended. Powers of mayor and common council. CHAPTER CLIII. AN ACT to amend Section Sixty-seven of an act entitled "An act to incorporate the town of Vernon, Jennings County, Indiana," approved January 22, 1851. [S. 287. APPROVED MARCH 9, 1901.] SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That Section sixty-seven of an act entitled “An act to incorporate the town of Vernon, Jennings County, Indiana," approved January 22, 1851, be and the same is hereby amended to read as follows: Section 67. The Mayor and Common Council of said town, in the improvements of the streets, alleys and sidewalks thereof shall have the powers delegated to the Common Councils of cities and the Board of Trustees of towns of this State in, be governed by the provisions of, and follow the procedure prescribed by "An act concerning powers and duties of cities and incorporated towns, and their Common Councils and Board of Trustees, and providing the mode and manner of making street and alley improvements and building sewers, and providing for the mode and manner of enforcing the payment of the cost of street and alley improvements and building sewers, and permitting cities and incorporated towns to issue street and sewer improvement bonds, and repealing all conflicting laws and declaring an emergency," approved March 8, 1889, Acts of 1889, page 237, commonly known as the Barrett law, and the general laws amendatory thereof and supplemental thereto, applicable to cities and towns generally, in force in this State; said act and laws being sections 4288 to and including Section 4298 of Burns' R. S. 1894; Section 1 of the act of Feb. 17, 1899, Acts of 1899, page 63, and sections 1, 2, 3 and 4 of the act of Feb. 22, 1899, Acts of 1899, page 88, which sections are hereby made applicable to said town of Vernon so far as the same are practicable. |