are secured, with the rate of interest thereon. 4th. Debts of the company secured by mortgage. 5th. Debts otherwise secured.

6th. Debts for premiums.

7th. All other securities.

5th. The amounts of liabilities due or not due to banks

or other creditors by the company.

6th. Losses adjusted and due.

7th. Losses adjusted and not due.

8th. Losses unadjusted.

9th. Losses in suspense, waiting for further proof. 10th. All other claims against the company.

11th. The greatest amount insured by any one risk.

12th. The greatest amount allowed in the rules of the company to be insured in any one city, town or vil lage.

13th. The greatest amount allowed to be insured in any one block.

Act of incor

14th. The act of incorporation of such company, which statement shall be filed in the office of said auditor, together poration. with a written instrument, under the seal of the company, signed by the president and secretary, authorizing such agent to acknowledge service of process for and in behalf Authority of of such company, consenting that service of process upon agent. such agent shall be taken and held to be as valid as if served upon the company, according to the laws of this State, or any other State, and waiving all claims of errors by reason of such service, and no insurance company, or agents of any insurance company, incorporated by any other State, shall transact any business of insurance in this State, unless such company is possessed of at least one Am't of capital hundred thousand dollars of actual capital, invested in stocks of at least par value, or in bonds, or mortgages on Character and real estate, worth double the amount for which the same is value of stock. mortgaged, and upon filing the aforesaid statement and instrument with the auditor of State, and furnishing him with satisfactory evidence of such instrument as aforesaid, it shall

be the duty of said auditor to issue a certificate thereof, Duty of audiwith authority to transact business of insurance to the agent tor. or agents applying for the same.

SEC. 6. It shall be unlawful for any incorporated com

panies.

pany or association, partnership, firm or individual, or any member or agent or agents thereof, or for any agent or Foreign com-agents of any company incorporated by any foreign government other than a State of this Union, to transact any business of insurance in this State, without procuring a certifi cate of authority from the auditor of State. Such company, association, partnership, firm or individual, or any agent or agents thereof, having first filed under oath in the office of said auditor, a statement setting forth the charter or act of incorporation of any and every such incorporated company; and the by-laws, copartnership, agreement, articles of association, of any and every such unincorporated company, association, partnership, or firm; and the name and resi dence of such individual; and the names and residences of the members of every such partnership or firm; and the matters required to be specified by the first section of this act and the written authority herein mentioned; and furnished evidence, to the satisfaction of the auditor of State, that such company has invested in stocks, in some one or more of the States of this Union or of the United States, the amount of one hundred thousand dollars, and that such stocks are held by citizens of the United States, or in bonds or mort gages of real estate, situated in the United States, fully securing the amount for which the same is mortgaged or bonds of cities of the United States, the aggregate market value of the investment of the company, in which shall not be less than one hundred thousand dollars; and such incorporated company or unincorporated company, association, partnership, firm or individual, or any agent or agents thereof, filing said statement, and furnishing evidences of investment as aforesaid, shall be entitled to a certificate of authority for such body or individual in like manner as is provided for in the first section of this act.

Agent file

statement.

SEC. 7. It shall be the duty of the agent or agents, in either of the foregoing sections mentioned, before taking any risks or transacting any business of insurance in this State, to file in the office of the clerk of the district court of the county of which he or they may desire to establish an agency for any such company, a copy of the statement required to be filed with the auditor of State as aforesaid, together with a certificate of said auditor, which shall be

carefully preserved for public inspection, by said clerk; and
also cause said statement and certificate to be published in Publish.
some newspaper of general circulation in the cities or coun-
ties where such agencies are established.

newed.

SEC. 8. The statement and evidences of investment re- Statement required by this act, shall be renewed annually in the month of January of each year-the first statement to be made in sixty days from the taking effect of this act; and the auditor of State, on being satisfied that the capital, securities and investments remain secure, shall furnish a renewal of certificate as aforesaid; and the company, agent or agents, obtaining such certificate, shall file the same, together with the statement upon which it was obtained or renewed, in the office of the clerk of the district court of the county in which such agent resides.

money, &c.

SEC. 9. Any person or firm in this State, who shall re- Persons receivceive or receipt for any money on account of or for any contract of insurance made by him as them, or for any such insurance company or individual aforesaid, or who shall receive or receipt for money from other persons, to be transmitted to any such company or individual aforesaid, for a policy or policies of insurances, or any renewals thereof, although such policy or policies of insurance may not be signed by him or them, as agent or agents of such company, or who shall in any wise, directly or indirectly, make or cause to be made any contract or contracts of insurance for, or on account of such insurance company aforesaid, shall be deemed to all intents and purposes an agent or agents of such company, and shall be subject and liable to all the provisions, regulations and penalties of this act.

evidence.

SEC. 10. That copies of all papers required by this act Copies shall be to be deposited in the office of auditor of State, certified under the hand of such auditor to be true and correct copies of such papers, shall be received as evidence in all courts and places, in the same manner, and have the same force and effect as the originals would have if produced.

SEC. 11. This act shall not be so construed as in any Life insurance. manner to apply to life insurance companies, but shall in

clude within its provisions only the fire, and fire and marine departments, of any company that may have separate de

Penalties.

Company com. plying.

Repeal.

partments for life insurance, and fire and fire and marine insurance.

SEC. 12. Any person or persons violating the provisions of this act, shall, upon conviction thereof, in any court of competent jurisdiction, be fined in any sum not exceeding one thousand dollars, or imprisoned in the county jail not more than thirty days, and fed on bread and water only, or both, at the discretion of the court. Violations of the provisions of this act may be prosecuted by information filed by the prosecuting attorney of the proper county, or by indictment of the grand jury.

SEC. 13. Any assurance company complying with the requirements of this act, and securing the certificate of the auditor for any of its agents, shall not be required to furnish the single statement and evidences required hereby, which being filed with the auditor of State, shall be deemed a sufficient compliance for its free transaction of business in the State.

SEC. 14. All acts and parts of acts, which conflict with this law, are hereby repealed.

SEC. 15. This act to take effect from and after its publication according to law.

Approved January 28, 1857.

Corporate

name.

CHAPTER 150.

ALBIA.

AN ACT to incorporate the city of Albia, Monroe county, Iowa.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the northwest quarter of section twen ty-two, in township number seventy-two, north of range number seventeen (17), west of the fifth principal meridian, together with all additions which heretofore have been or hereafter may be laid out and recorded according to law, be, and is hereby incorporated into a city by the name of Albia.

SEO. 2. The said city is hereby made a body corporate,

and vested with all the powers and attributes of a municipal corporation, and the legislative authority of said city is vested in a city council, consisting of a mayor and a board of councilmen, composed of two councilmen from each ward of the said city.

SEC. 3. The said city shall be divided into two wards, Legislative authority. by the alleys running north and south, through the center of the public square of said city, as the wards are now divided: Provided, the said city council may change, alter or divide the said wards hereafter, as they may deem proper, for the interest of said city.

SEC. 4. Every white male citizen of the age of twenty- Citizenship. one years, who shall have been a resident of this State six months, and of the ward in which he offers his vote ten days next preceding a city election, is hereby declared a citizen of said city, and is entitled to vote at any election thereof.

elections.

SEC. 5. All elections of the city shall be conducted in a similar manner to that of township elections, as the nature of the case may permit; and any person offering to vote at said elections, may be challenged as in other causes in town- Challenge. ship elections, and an oath may be administered to him in

like manner, naming the qualifications herein prescribed.

SEC. 6. No person shall be eligible to any elective office Eligibility. mentioned in this act unless he be a legal voter of said city, and has been a resident thereof for six months next preceding his election.

SEC. 7. The qualified electors of the said city shall, on Election of of the first Monday of May, in the year A. D. 1857, and an- ticers. nually on the same day thereafter, elect a mayor, two councilmen from each ward, one recorder, one assessor, a treasurer and a marshal; and the mayor and councilmen so elected, when assembled together, and duly organized, shall constitute the city council, a majority of whom shall be nec- quorum. essary to constitute a quorum for the transaction of business. The officers in this section mentioned, shall be elected for the Term. term of one year, and until their successors are duly elected and qualified. The mayor, recorder, treasurer, assessor and marshal shall be elected by the legal voters of said city, and two councilmen shall be elected in each ward by the legal voters thereof.