like effect as if the company existed in this state; and said writing or power of attorney shall stipulate and agree, on the part of the company making the same, that any lawful process against said company which is served on said attorney, shall be of the same legal force and validity as if served on said company. A copy of the writing, duly certified and authenticated, shall be filed in the office of the auditor, and copies certified by him shall be sufficient evidence. This agency shall be continued while any liability remains outstanding against the company in this state, and the power shall not be revoked until the same power is given to another, and a like copy filed as aforesaid. Service upon said attorney shall be deemed sufficient service upon the company.

State treasurer to hold secu

§ 16. The treasurer of the state, in his official capacity, shall take and hold on deposit the securities of any life rities. insurance company incorporated under the laws of this state, which are deposited by any such company for the purpose of securing policy holders, and complying with the laws of any state in order to enable such company to transact business in such state. The company depositing such securities shall have the right to receive the income thereof and at any time to exchange the same, according to the laws of the state in which they may be doing business. § 17. If any life insurance company, organized in this Where polistate or in any other state of the United States, or in any ud. foreign country, whose policies are not valued by the insu rance department or proper officers of any other state, shall transact business in this state, it shall be the duty of the auditor to calculate the existing value of all outstanding policies of such company; and every such company shall pay, annually, to the auditor of this state, by way of compensation for the valuation of its policies, three cents on every thousand dollars insured by it on lives.

cies are not val

life insurance.

§ 18. No life insurance company organized under the Limited laws of this state shall issue policies insuring fire or marine or accident or live stock risks, nor do any banking business.

to

WO

life.

19. It shall be lawful for any married woman, by Married herself and in her own name, or in the name of any third man may insure person, with his assent as her trustee, to cause to be insured for her sole use, the life of her husband, for any definite period or for the term of his natural life; and in case of her surviving such period or term, the sum or net amount of the insurance becoming due and payable by the terms of the insurance, shall be payable to her, to and for her own use, free from the claims of the representatives of the husband or of any of his creditors: Provided, however, that if the premium of such policy is paid by any person with intent to defraud his creditors, an amount equal to the

Deposit certain cases.

in

Foreign com

charter

statement.

and

premium so paid, with interest thereon, shall inure to the benefit of said creditors, subject, however, to the statute of limitations. The amount of the insurance may be made payable, in case of the death of the wife before the period at which it becomes due, to his, her or their children, for their use, as shall be provided in the policy of insurance, and their guardian if under age.

$20. Whenever the existing or future laws of any other state of the United States shall require of life insu rance companies, incorporated by or organized under the laws of this state and having agencies in such other state, or of the agents thereof, any deposit of securities in such state for the protection of policy holders or otherwise, or any payment for taxes, fines, penalties, certificates of authority, license fees or otherwise, greater than the amount required for such purposes from similar companies of other states by the then existing laws of this state, then and in every such case, all life insurance companies of such states establishing or having heretofore established an agency or agencies in this state, shall be and are hereby required to make the same deposit for a like purpose, with the state treasurer of this state, and to pay to the auditor, for taxes, fines, penalties, certificates of authority, license fees or any other obligation, an amount equal to the amount of such charges and payments imposed by the laws of such other state upon the companies of this state and the agents thereof.

$ 21. Every life insurance company not organized pany to deposit under the laws of this state shall, before doing business in this state, deposit with the auditor a copy of the charter of the company, and a statement signed and sworn to by the president or vice-president and secretary, in the form prescribed or authorized for the annual statement adapted to the business done by such company.

State to ap

foreign compa

ny.

§ 22. Every person acting for a life insurance company pear in case of not incorporated in this state, shall exhibit, in conspicuous letters, on the sign, designating his place of business, the name of the state, under whose authority the company he represents has been incorporated; and said company and agents shall also have printed, in large type, the name of said state upon all policies issued to the citizens of this state, and on all placards, pamphlets and circulars published, issued or circulated in this state by them, or him, relating to the business of said company.

Agents-lisbilities and penalties.

§ 23. Whoever solicits insurance on behalf of any life company not chartered by and not established within this state, or transmits, for any person other than himself, an application for life insurance, or a policy of life insurance, to or from such company, or advertises that he will receive or transmit the same, shall be held to be an agent of such

company to all intents and purposes, and subject to all the duties, requisitions, liabilities and penalties set forth in the laws of this state relating to life insurance companies not incorporated by the legislature thereof.

§ 24. Any agent making insurance in violation of any Penalty. law of this state regulating life insurance companies shall forfeit, for each offense, a sum not exceeding five hundred dollars.

25. For filing the annual statement required in the Fees. office of the auditor, the said auditor shall be paid ten dollars; for each agent's certificate of authority, two dollars; for every copy of a paper filed in the auditor's office, twenty cents per folio; and for affixing the seal of said office to such copy and certifying the same, one dollar; and for examining the affaire of any company, when deemed necessary, the expenses incurred therein shall be paid to the said auditor by the company.

print

ments.

§ 26. The auditor shall annually prepare and print in Auditor a single document the information contained in the statements made under this act, and shall communicate the same to the general assembly. He shall also cause the annual statements required to be filed by this act to be published in two daily newspapers of general circulation, the one printed in the city of Chicago and the other in the city of Springfield, not less than one month.

27. All acts or parts of acts inconsistent with this act Repeal. are hereby repealed.

to

state

$28. This act shall be deemed a public act, and take When effective. effect and be in force from and after the first day of July next, but nothing herein contained shall prevent the auditor from receiving statements from companies desiring to file the same, as herein specified, at any time after the approval of this act by the governor.

APPROVED March 26, 1869.

AN ACT to punish frauds upon insurance companies.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That if any person or persons shall obtain, or cause to be obtained, or attempt to obtain from any life or accident insurance company, any sum of money on any policy of life or accident insurance issued by any company in this state, by falsely or fraudulently representing the person or persons insured as dead, or shall cause any person or to be

persons

In force March 29, 1869.

insured under an assumed name, and shall falsely represent the fictitious person or persons so insured as dead, and shall thereby obtain, cause to be obtained, or attempt to obtain from such company the amount of such insurance, and shall falsely obtain, cause to be obtained, or attempt to obtain from such life or accident insurance company any sum of money upon any life or accident policy of such company by means of false and fraudulent written representations or affidavits, falsely representing that the person whose life was insured was dead, or that the person insured against accident was injured, every person so offending shall be deemed guilty of a misdemeanor, and on conviction thereof, if the sum so obtained, attempted or caused to be obtained shall be equal to or exceed the sum of twenty-five dollars, shall be punished by imprisonment in the penitentiary, at hard labor, for a period not exceeding fifteen. years; and if the sum so obtained, attempted or caused to be obtained shall be less than twenty-five dollars, shall, on conviction thereof, be fined in any sum not more than five hundred dollars, or be imprisoned in the jail of the proper county for a period not exceeding six months, or both, at the discretion of the court.

2. This act shall take effect and be in force from and after its passage.

APPROVED March 29, 1869.

In force Feb. AN ACT to amend an act entitled "An act to authorize the formation of 19, 1869.

Township Insurance Companies," approved February 20, 1867, applicable only to the Buckeye Insurance Company, organized under said act, or any other company that may be or has been organized in Stephenson county.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section Act amended. 2, of said act, be so amended as to add "and treasurer to the end of said section.

writing.

Obligation in § 2. That section 5, of said act, shall be amended to read as follows: "Every person so insured shall give his obligation, in writing, bearing even date with the policy so issued to him, his heirs and assigns, binding himself, his heirs and assigns, to pay his pro rata share to the company, of all losses by fire which may be sustained by any member thereof, the said payment to be estimated on the basis of the amount insured and the class of the risk as classified by the directors of said company. He shall also, at the time of effecting insurance, pay such per centage, in cash, and such reasonable sum for a policy, as may be required by the rules and laws of the company.

Section

ten

amended.

3. That section 10 of said act shall be amended to read as follows: Companies formed under this act may insure property in townships adjoining the townships in which the office is located. They shall have power to insure all property, not located in incorporated cities, as the directors may deem expedient, and persons so insured shall have all the rights and privileges pertaining to persons insured in the township in which the office is located: Provided, that no property shall be insured outside of the Proviso. county in which the company is located: Provided, further, that adjoining townships can only be received by consent of a majority of the members present and voting at a regular or special meeting of the company: Provided, further, that the office of the company shall not be located in any other township than where the company was originally organized.

4. That section 11 be amended to read as follows: The directors of each company so formed shall be chosen by ballot, at the annual meeting thereof, which shall be held on the first Monday in January in each year, and every person insured shall be entitled to one vote, and shall hold their office until their successors are elected.

5. That section 12 be amended to read as follows: It shall be the duty of the secretary of every company, as aforesaid, to prepare a statement showing the condition of such company on the day preceding their annual meeting, which statement shall contain the amount of property insured, the number of policies issued and to whom, and the amount insured by each policy, and all other matters pertaining to the interests of the company, and which statement shall also be read to the members of said company at their annual meeting.

Directors, how chosen.

Section twelve amended

§ 6. That all acts done, proceedings had in the organi- Acts legalized. zation and policies taken by the Buckeye Insurance company heretofore, are hereby legalized, or any other company that has been organized under said act in Stephenson county. $ 7. This act shall be in force from and after its passage.

APPROVED February 19, 1869.