Penalty for not statement. the notes originally forming the capital; and also, what proportion of said notes are still held by such company, and are considered as a part or the whole of the capital thereof. · SECTION 2. That any such insurance, trust or annuity commaking annual pany as aforesaid, not chartered by this commonwealth, or any person acting as agent for such company, receiving premiums and transacting the business of insurance, accepting trusts or granting annuities in this commonwealth, who shall fail to make and deposit in the office of the auditor general a yearly statement of its affairs, in accordance with the requirements of this act, shall be subject to a fine or penalty of five hundred dollars, and to an additional fine or penalty of five hundred dollars for every month that such company, or such agent, shall or may transact any business, accept trusts or grant annuities within this commonwealth, after the time named for the filing of such Reports to be sent to legislature. License, how ob tained. statement. SECTION 3. That it shall be the duty of the auditor general to cause the information contained in the above mentioned statements of such insurance, trust or annuity companies required by this law, to be arranged in a tabular form, and to prepare the same in a single document for printing, which he shall communicate to the legislature annually. SECTION 4. That every such insurance, trust or annuity company as aforesaid, not chartered by this commonwealth, shall before receiving any premiums, taking any risk, or issuing any policy or obligation in the nature of a policy of insurance, or before accepting any trust or granting any annuity, forward to the auditor general of this commonwealth the statement required by the first section of this act, together with a written application for a license to transact their said business in this commonwealth, signed by the agent appointed by such company; and the auditor general of this commonwealth, after having received the statement required by the first section of this act, and the written application, shall grant to such company a license to carry on their said business by their said agent within this commonwealth for the period of one year from the date of granting such license: Provided, That he shall be satisfied that said corporation is possessed of the assets stated, and that they are of the value represented in the statement: And provided, That no agent shall be allowed to transact any business for any such company whose capital may become impaired to the extent of more than thirty per centum thereof: And provided also, That before such company shall receive from the auditor general such license as aforesaid, they shall pay or cause to be paid to the treasurer of the state, for the use of this commonwealth, Rates of license. for transacting business in the city of Philadelphia, the sum of two hundred dollars; in the counties of Allegheny and Lancaster each the sum of one hundred and fifty dollars; and in each and every other county in this commonwealth the sum of one hundred dollars; and a like sum for each and every year thereafter, for the renewal of such license, together with the usual fees of the auditor general for filing the statement and application and granting of the said license; and the said agent of such company transacting business in any city or county of this commonwealth, shall retain in his hands out of every dollar received by him for premiums, gross sums paid for annuities, and on all commissions for executing trusts, the sum of three cents, which said sum shall be paid to the treasurer of the commonwealth at Tax to commonwealth. the time of furnishing the annual statement required by this act; and the auditor general shall not have the power to grant a renewal of the license to such a company, until such moneys are paid into the hands of the treasurer of the state for the use of this commonwealth. nies. SECTION 5. That it shall be the duty of every such corpora- Publication to be tion or company as aforesaid to publish annually a copy of the made by compastatement forwarded to the auditor general, within one month from the time the license is granted, at least three times a week for the space of two weeks, in the city or county in which they do business, or in which their said agency may be established; or if no daily paper is published in said city or county, then in a weekly paper thereof for three weeks. SECTION 6. That it shall be the duty of every agent of every Agent to give such company not chartered by this commonwealth, before en- bond. tering upon the duties of his office, to give a bond in two thousand dollars, with two sureties, residents of the county, and which shall be approved by the district attorney of the commonwealth of the county in which the agency is to be established, conditioned for the faithful discharge of all the duties enjoined upon him by the provisions of this act, and for the payment of all moneys received by him or payable by him for the use of the commonwealth; which bond shall be taken by and acknowledged before the recorder of deeds of the same county, and recorded in his office at the expense of the said company or association; and certified copies thereof under the seal of the recorder shall be as good evidence as the production of the original would be in any action brought against such agent or his sureties on such bond. SECTION 7. That for the better enforcement of the provisions Power and duties of this act relative to insurance, trust and annuity companies of district attor not chartered by this commonwealth, it shall be the duty of the neys. district attorney of this commonwealth, in any of the counties of the commonwealth, to enforce the provisions and requirements of this act, for which each and every district attorney in every county of this commonwealth has full power and authority, personally or by some person acting for him by his authority, once in each and every year, to examine any agent or agents transacting or carrying on the business in the county in which said district attorney is elected, for any such insurance, trust and annuity company not chartered by this commonwealth, to examine the books of all such agencies, so as to satisfy himself that such agent or agents have fully fulfilled the provisions and requirements of this act, paid all taxes due the commonwealth, and that such insurance, trust or annuity company as aforesaid is possessed of a bona fide capital of two hundred thousand dol lars, safely invested, and make a report thereof once in each and every year, to the auditor general of the commonwealth; for which said report and services the said district attorneys shall receive from the commonwealth ten per centum on the amount of the state tax paid into the treasury of the commonwealth by all agents of any such insurance, annuity or trust company not chartered by this commonwealth, as shall be named in his annual report and doing business within his jurisdiction, to the auditor general; and it shall be the duty of the said district attorneys in the several counties of this commonwealth, and they are hereby empowered to enforce this act and its penalties against any such agents or companies as aforesaid, by suit or Repeal. suits at law in the name of the commonwealth; and for every suit so commenced and prosecuted to judgment and execution, the said district attorneys shall receive an attorney fee of teu dollars in addition to the fees above within mentioned; which said fee shall be a part of the taxable costs of such suit, and payable as such by the said agent or agents violating this act, or carrying on the said business of insurance, accepting trusts, or of granting annuities within and not chartered by this com monwealth. SECTION 8. That all other acts or such parts thereof heretofore passed, relative to insurance, trust or annuity companies not chartered by this commonwealth, that conflict herewith, are hereby repealed: Provided, That this act shall not take effect until after the first day of July next. RICHARDSON L. WRIGHT, Speaker of the House of Representatives. WM. M. PIATT, Speaker of the Senate. APPROVED-The ninth day of April, Anno Domini one thousand eight hundred and fifty-six. JAMES POLLOCK. Act construed. certain amount of damages. No. 301. A SUPPLEMENT To an act, entitled "An Act regulating Railroad Companies," approved the nineteenth day of February, Anno Domini one thousand eight hundred and forty-nine. WHEREAS, Some doubts and difficulties have arisen in regard to the intention and proper construction of the first section of a certain act, approved the twenty-seventh day of April, Anno Domini, one thousand eight hundred and fifty-five, entitled "An Act extending the right of trial by jury to certain cases:" Now, for the removal of said doubts and difficulties, and for certainty in the premises, SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assem bly met, and it is hereby enacted by the authority of the same, That the true intent and meaning of the said act was, that it should apply to and embrace cases pending at the time of the passage of the said act. SECTION 2. That hereafter in all cases where the parties canProceedings to as- not agree upon the amount of damages claimed, or by reason of the absence or legal incapacity of such owner or owners, no such agreement can be made, either for lands, water, water rights, or materials, the company shall tender a bond, with at least two sufficient sureties, to the party claiming or entitled to any damages, or to the attorney or agent of any person absent, or to the guardian or committee of any one under legal incapa city, the condition of which shall be, that the company will pay. or cause to be paid such amount of damages as the party shall be entitled to receive, after the same shall have been agreed upon by the parties, or assessed in the manner provided for by this and the act to which it is a supplement: Provided, That in case the party or parties claiming damages refuse, or do not accept the bond as tendered, the said company shall then give the party a written notice of the time when the same will be presented for filing in court; and thereafter the said company may present said bond to the court of common pleas of the county where the lands, water, or materials are, and if the bond and suretics are approved, the bond shall be filed in said court for the benefit of those interested; and recovery may be had thereon for the amount of damages assessed, if the same be not paid or cannot be made by execution on the judgment in the issue formed to try the question. Appointment of SECTION 3. That the viewers provided for in the eleventh section of the act to which this is a supplement, may be appointed viewers before or after the entry for constructing said road, or taking materials therefor, and upon the report of said viewers, or any four of them, being filed in said court, either party, within thirty days thereafter, may file his, her, or their appeal from said Appeal allowed. report to the said court; after such appeal, either party may put the cause at issue in the form directed by said court, and the same shall then be tried by said court and a jury; and after Writ of error. RICHARDSON L. WRIGHT, WM. M. PIATT, Speaker of the Senate. APPROVED-The ninth day of April, Anno Domini one thouand eight hundred and fifty-six. JAMES POLLOCK. No. 302. A FURTHER SUPPLEMENT To an act to authorize the Governor to incorporate a company to erect a Bridge over the Allgeheny river, at or near Sharpsburg, Allegheny county, approved the twenty-first day of March, one thousand eight hundred and fifty-six. SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the words, "the right of said corporation to receive," in section second fourth line of an act, entitled "A further supplement to an act to authorize the governor to incorporate a company to erect a bridge over the Allegheny river, at or near Sharpsburg, Allegheny county, approved the twenty-first day of March, one thousand eight hundred and fifty-six," shall read "the right of said corporation to recover." RICHARDSON L. WRIGHT, Speaker of the House of Representatives WM. M. PIATT, Speaker of the Senate. APPROVED-The ninth day of April, Anno Domini one thousand eight hundred and fifty-six. JAMES POLLOCK. Size of bushel. sures. No. 303. AN ACT To establish a uniform standard for the measurement of unslaked lime, in the county of Allegheny. SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the first day of June next, the standard bushel for the measurement of unslaked lime, in the county of Allegheny, shall contain two thousand one hundred and fifty fortytwo one hundredth cubic inches, even measure. SECTION 2. It shall be the duty of the sealer of weights and Duty of sealer of measures, for the county of Allegheny, to measure and seal the weights and meafull and three-fourths capacity of all cars, carts, trucks, wagons, and other vehicles used in the transportation and sale of unslaked lime, subject to all the penalties and provisions, so far as the same are applicable, contained in an act passed the twentyfirst day of April, Anno Domini one thousand eight hundred and forty-six, entitled "A supplement to an act authorizing the secretary of the commonwealth to distribute copies of the standards of weights and measures, and for the appointment of sealers," passed April fifteenth, Anno Domini one thousand eight hundred and forty-five, and subject to the proviso contained in the second section of an act passed the twenty-third day of March, Anno Domini one thousand eight hundred and fortynine, entitled "An Act to establish a uniform standard for the measurement of bituminous coal, and for other purposes." RICHARDSON L. WRIGHT, Speaker of the House of Representatives. WM. M. PIATT, Speaker of the Senate. APPROVED-The ninth day of April, Anno Domini one thou sand eight hundred and fifty-six. JAMES POLLOCK. |