such statement shall contain.

retary of the company for which he acts, specifying if such company posited; what is either a fire, marine, or fire and marine, life, health, accident, or other insurance company, stating the amount of its capital, and the manner of its investment, designating the amount invested respectively in mortgages, in public securities, in the stock of incorporated companies (stating what companies), and also the amount invested in other securities, particularizing each item of investment; the amount of marine risks not terminated, and the premium paid thereon; the amount of fire risks not terminated, and the premium paid thereon; the amount of liabilities, specifying therein the amount of outstanding claims, adjusted or unadjusted, due or not due; and in case said company is incorporated upon the mutual principle, such statement shall set forth, in addition to the foregoing, the whole amount of risks insured by the same; the whole amount of premium thereon; what portion of it has been paid in cash; what security has been taken for the remainder; and what is the largest sum insured in any one risk; and the statement herein required to be made, so far as the same is applicable, shall be made of each class in companies authorized to take risks in classes, and in all cases the returns may be varied by the commissioner, to obtain more definite information of such company.

SEC. 10. If the company for which such agent acts is either a life Same subject. insurance company, health insurance company, or live-stock or other insurance company, such agent shall also, before making any contract of insurance as aforesaid, deposit with the insurance commissioner a statement signed and sworn to by the president and secretary of the company for which he acts, specifying the amount of its capital and all its assets, and the manner of its investment, designating the amount invested respectively in mortgages, in public securities, in stock of incorporated companies (stating what companies), and also the amount invested in other securities, particularizing each item of investment; the amount insured by existing policies, the amount of liabilities, specifying therein the amount of outstanding claims, adjusted or unadjusted, due or not due, and the largest sum insured in any one risk.

SEC. 11. Such agent shall publish said statement, for the space of Statement to three weeks, in some newspaper printed in the county wherein he be published. transacts the business of his agency; and shall also deposit with the insurance commissioner a similar statement of the capital of the company and the investments and risks and premiums as aforesaid, to be made up to the thirty-first day of December, annually, signed and sworn to as before directed, and he shall cause said statement to be published in some newspaper printed in the county in which he has his place of business, for six weeks successively next after the return of said statement to the insurance commissioner as aforesaid.

SEC. 12. No person shall be allowed to act as agent as aforesaid for any such insurance company in making any contract of insurance with any person in this state, unless the capital stock of the company for which he acts amounts to the sum of one hundred thousand dollars, actually paid in in money and invested, exclusively of any obligations of the stockholders of any description; nor unless such company shall be restricted, by its charter or otherwise, so that it cannot lawfully incur in any one risk a greater hazard than one tenth part of the amount of its capital.

SEC. 13. Every such agent 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 such company and agent shall have printed in large type

What required of foreign inpany to estabfish agency.

surance com

of the sign of such agent,

and what shall

be printed in policies.

Penalty on

agent effecting insurance without complying with provisions of this chapter.

Penalty on company not appointing attorney when notified.

Requisites for acting as agent, and penalty for acting without

complying therewith.

Of the annual

examination of returns, &c., by the insur

ance commissioner.

Penalty upon agent refusing to answer interrogatories.

Commissioner

to prepare abstract of returns.

Branch agency, prohibited, &c.

Commissioner, when to visit nies, &c.

the name of such state, upon all policies issued to citizens of this state, on all cards, placards, and pamphlets, and in all advertisements published, issued, or circulated in this state by them or him, relating to the business of such company.

SEC. 14. If any such insurance company shall make insurance without complying with the provisions of this chapter, the contract shall be valid; but any agent of such company acting within this state, respecting the effecting of any policy of insurance, shall be fined not exceeding one thousand dollars, nor less than three hundred dollars; and all persons shall be deemed agents of such company, and acting as such, respecting the effecting a policy of insurance within the meaning of this section, who are agents and do acts within the terms of the seventh section hereof.

SEC. 15. In case any insurance company, when thereto notified by the insurance commissioner, shall neglect to appoint an attorney, as is hereinbefore provided, such company shall not be entitled to recover any premium or assessment made by them on any contract of insurance with any citizen of this state, until such company shall have complied with the law requiring the appointment of such attorney.

SEC. 16. No person shall be allowed to act as agent of any such insurance company, until such company and such agent shall have complied with all the requirements of the laws of this state relating to such companies and their agents, and every person so acting without such compliance shall be fined one thousand dollars.

SEC. 17. The insurance commissioner shall annually examine the statements and returns required to be made by the companies and agents as aforesaid; and if, in his opinion, any return shall be obscure, defective, or unsatisfactory, he shall immediately require answers under oath, from the agent by whom such obscure, defective, or unsatisfactory return shall have been made, to such interrogatories as he may deem necessary or proper to be answered, in order to explain such return, and exhibit a full and accurate view of the business and resources of the company represented by such agent.

SEC. 18. Every agent refusing or neglecting to answer such interrogatories for the space of thirty days shall be deemed not to have complied with the provisions of the laws of this state; and if he continue to act as agent aforesaid, shall be liable to the penalty prescribed in the sixteenth section hereof.

SEC. 19. The insurance commissioner shall prepare an abstract of the statements and returns made by such companies and their agents, which abstract shall be printed and laid before the general assembly in each year.

SEC. 20. No agent of any foreign insurance company doing business in any town in this state shall be allowed to establish any branch agency in any other town in the state.

SEC. 21. The insurance commissioner may, when he shall deem it important for the safety of the policy holders, visit foreign insurance foreign compa- companies doing business in this state, and examine the condition of such companies; and such companies so visited shall pay to said commissioner his expenses of such visit and examination.

What corpora

tions not af

fected by this or preceding chapter.

SEC. 22. The provisions of this and the preceding chapter are not intended to apply to or affect corporations for religious, literary, or charitable purposes.

CHAPTER 145.

OF RAILROAD CORPORATIONS.

how appointed and term of

SECTION 1. The governor shall appoint one railroad commissioner, Commissioner, to hold office for the term of one year. SEC. 2. Every railroad corporation doing business, or owning any railroad, wholly or in part within the limits of this state, shall furnish reasonable and proper facilities and accommodations on the line of its road, within its limits, for the transportation of passengers and

SEC. 3. The president and directors of such corporation shall maintain by themselves, or by an executive committee of the directors, a watchful supervision over the management of their road. SEC. 4. Every railroad corporation shall cause a bell, of at least thirty-two pounds in weight, to be placed on each locomotive engine passing upon its road; and the said bell shall be rung at a distance of at least eighty rods from the place where such railroad crosses any turnpike, highway, or public way, upon the same level with the rail

office; railroad corporations to furnish reasonable

facilities, &c. Supervision of road, how to

be maintained.

Bell to be placed on enbe rung.

gine; when to

Notice of accident to be given to railroad commissioner.

road, and shall be kept ringing until the engine has crossed such turnpike or road. No car or carriage for the transportation of passengers or freight over any railroad in this state shall be propelled across any highway, after the locomotive has been detached therefrom, without a stationary bell or whistle being rung at said crossing, during the whole time the train is crossing such highway.

SEC. 5. Every railroad corporation shall cause boards to be placed, well supported by posts or otherwise, and to be maintained, across each turnpike, highway, or public way, where it is crossed by the railroad upon the same level therewith, the said posts and boards to be of such height as shall be easily seen by travellers, without obstructing the travel; and on each side of said boards the following inscription shall be painted in capital letters, of at least the size of nine inches each, "Railroad Crossing-Look out for the engine while the bell rings."

SEC. 6. Every railroad corporation which shall unreasonably neglect or refuse to comply with the requisitions contained in the two sections next preceding, shall forfeit for every such neglect or refusal, not exceeding one thousand dollars; and such corporation shall be liable for all damages sustained by any person, by reason of such neglect or refusal on the part of the corporation.

SEC. 7. Every person driving a locomotive, when approaching any crossing or junction of any two railroads, the rails of one of which cross or connect with the rails of the other at grade, or when approaching any drawbridge now in use as such, shall stop said locomotive at some point within the distance of five hundred feet of such crossing or junction, and before reaching the same, and shall not drive said locomotive over such junction or crossing, after starting, at a greater rate of speed than six miles per hour: Provided, however, that the railroad commissioner may grant unto any railroad corporation the privilege of crossing such junction without stopping, whenever he may think the same can be done consistent with the public safety.

SEC. 8. Every person violating the provisions of the next preceding section shall be fined one hundred dollars, and the railroad corporation in whose employment or upon whose railroad such person shall be, at the time of committing such offence, shall be fined

three hundred dollars.

SEC. 9. No car or carriage for the transportation of passengers over any railroad in this state shall be propelled on the railroad when placed between the locomotive and cars loaded with dirt or

stone.

SEC. 10. Every railroad corporation upon whose railroad, cars, or carriages for the transportation of passengers, so placed, shall be propelled, shall be fined five hundred dollars, one half thereof to the use of the complainant, and the other half thereof to the use of the

state.

SEC. 11. Every railroad corporation shall, within twenty-four hours after the occurrence of any accident attended with serious personal injury, give notice in writing of the same to the railroad commissioner, and every corporation wilfully neglecting or wilfully omitting to give the notice aforesaid, shall be fined one hundred dollars for every day that such neglect or omission shall continue.

Not to abandon SEC. 12. No railroad corporation shall abandon any station which station except, is on its road, and in this state, after the same has been established for twelve months, except by act of the general assembly; but such

&c.

corporation may establish stations to be used only during such months of each year, and for such trains, as they may designate, by notice put and kept up in some conspicuous place at the station so established, specifying the months during which the said station will be

used.

SEC. 13. Whenever merchandise is transported over any portion of two roads which form a connecting line, and the tracks of which so unite that cars can pass from one to the other, no charge shall be made for the loading or unloading, or for the carriage of the said merchandise, from the cars of one of said railroads to the cars of the other.

SEC. 14. Every railroad company whose business it is to receive articles for transportation shall be entitled to the same rights, and be subject to the same liabilities, as common carriers; and whenever two or more railroads are connected together within this state, any company running either of said roads shall receive articles for transportation to any place on the line of either of said roads so connected, and shall be liable as common carriers for the delivery of such articles, at such place. In case any such company shall become liable to pay any sum by reason of the neglect or misconduct of any other company or companies, the company paying such sum may collect the same of the company or companies by reason of whose neglect or misconduct it became so liable.

SEC. 15. If any person having lawful claims upon any railroad corporation for overcharge for freight or passage, or for injury or loss of merchandise, or for damage by unlawful or unwarrantable delay in the transportation or delivery of the same, or for injury to the person, or for the refusal to transport or deliver persons or property, shall give written notice of the same, addressed to the president or treasurer, or master of transportation of said road, and delivered to either of said officers, or to any agent having charge of any depot of said corporation, fourteen days previous to commencing suit for the same, and the corporation neglect or refuse to pay the said lawful claim, then the complainant, if he recover more than the amount (if any) tendered by said corporation, shall also recover reasonable compensation for his counsel's services, to be allowed by the court in addition to the actual damage; and if a less amount shall be recovered, then a reasonable allowance shall be made by the court for the services of the counsel of the corporation, to be taxed in addition to, and to be allowed with, the defendant's costs of defence, as now taxed and allowed by law.

SEC. 16. Every railroad corporation shall keep an account of the toll, freight, and passage money actually received at their depots and offices of receipt, and keep the same at all times in readiness for the examination of the general assembly or the railroad commissioner, or any committee that may be appointed by said assembly.

Stockholders entitled to inspect books;

SEC. 17. Every stockholder of any railroad corporation, incorporated within this state, shall be entitled, at all reasonable times, to examine the books, papers, and accounts of the corporation in which he is a stockholder; and if any clerk or other officer of any railroad corporation, having the custody of the books, papers, and accounts of said corporation, shall refuse to permit any stockholder in such permitting, &c. corporation to inspect the books, papers, and accounts thereof, the person so offending shall forfeit one hundred dollars.

penalty for not

Railroad built

SEC. 18. Every railroad, or portion of a railroad, built in this state for public use, by itself or in connection with any other railroad, without char