No. 100. AN ACT To carry out the provisions of an act relating to the care and treatment of the indigent insane, approved the thirteenth day of June, one thousand eight hundred and eighty-three, aud making appropriations therefor. Appropriation of the indigent insane for two years, com $650,000 for care of mencing June 1, SECTION 1. Be it enacted, &c., That the sum of six hundred and fifty thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated for the care and treatment of the indigent insane, as prescribed by the act, approved the thirteenth day of June, one thousand eight hundred and eighty-three, for two years commencing on the first day of June, one thousand eight hundred and eighty-five, and one thousand eight hundred and eighty-six; Provided, That the appropriations herein made To be paid quarto the respective institutions shall be paid upon the first of terly. each quarter, to wit: on the first days of June, September, December and March, and that no payments shall be made for the next or succeeding quarter until the directors or managers of the State hospitals for insane shall make under oath a quarterly report to the Auditor General of the actual number of indigent insane persons received in said State hospitals during the quarter, date of admission, date of discharge or of death, showing the actual time each indigent insane person was treated and cared for. SECTION 2. That it shall be the duty of the county commissioners, or of the directors or overseers of the poor, of the different counties, or poor districts of the State, to report under oath to the Auditor General on the first days of September, December, March and June, of each and every year, the number of indigent insane persons transferred as provided by law to the State hospitals for insane in their respective districts; said reports shall contain the name of every indigent insane person, date when admitted, length of time cared for in said State hospital, and date of discharge or of death. SECTION 3. That neglect or refusal of the county commissioners, or directors of the poor of county poor houses or almshouses or otherwise controlling the custody of such indigent insane persons, or of the directors or managers of the State hospitals, wherein the indigent insane are treated and cared for, to make report to the Auditor General as required by this act, said counties or hospitals shall forfeit the whole amount due for the quarter in which no report was made. APPROVED-The 23d day of June, A. D. 1885. No payments to be made until the directors or mana gers have made a quarterly report under oath, to the auditor general. Contents of report. County commis sioners or poor directors to make quarterly report auditor general of gent insane transferred, &c. under oath, to the Contents of report. Neglect or refusal to make such report, whole amount due. shall forfeit the Misrepresentations andjuntrue statements, if made in good faith, shall not effect a forfeiture of the policy. No. 101. AN ACT Relating to warranties in the applications for life insurance policies. SECTION 1. Be it enacted, &c., That hereafter whenever the application for a policy of life insurance contains a clause of warranty of the truth of the answers therein contained, no misrepresentation or untrue statement in such application made in good faith by the applicant, shall effect a forfeiture or be a ground of defense in any suit brought upon any policy of insurance issued upon the faith of such application, unless such misrepresentation or untrue statematerial to the risk. ment relate to some matter material to the risk. Nor be a ground of defense in any suit. Unless they relate to some matter When wrong age has been given in good faith, real age to form the basis of payment. SECTION 2. Whenever it shall be made to appear that a wrong age has been given in good faith in any application for a policy of life insurance, the company shall not be required to pay the face value of the policy, but such sum as the premium paid would have purchased at the applicant's real age at the time of effecting the insurance. APPROVED-The 23d day of June, A. D. 1885. ROBT. E. PATTISON. Section 12, act of April 4, 1873, cited for amendment. No. 102. AN ACT To amend an act, entitled "An act to establish an insurance department." approved the fourth day of April, one thousand eight hundred and seventy-three, providing that foreign fire insurance companies shall not be required to include in their reports statements of their foreign busi ness. SECTION 1. Be it enacted, &c., That section twelve of the act to establish an insurance department, approved the fourth day of April, one thousand eight hundred and seventythree, which reads as follows: "Every insurance company, including individuals, partnerships, joint stock associations and corporations conducting any branch of insurance business in this State, must transmit to the Insurance Commissioner a statement of its condition and business, for the year ending on the preceding thirty-first day of December, which statement shall be rendered on the first day of January following, or, within sixty days thereafter, except that foreign companies shall transmit their statement of business, other than that done in the United States, prior to the following first day of July, which statements must be in form, and state the particulars required by the blanks prescribed by the commissioner; and the Insurance Commissioner may require, at any time, statements from any company doing business within this State, or from any of its officers or agents, on such points as he Companies to transments to insurance commissioner. mit annual state Contents of statements made by foreign companies. may deem necessary and proper to elicit a full exhibit of its business and standing, all of which statements herein required must be verified by the signatures and oaths of the president or vice president, with those of the secretary or actuary. No company, having neglected to file its statement required of it within the time and manner prescribed, shall do any new business, after notification by the Insurance Commissioner, while such a neglect continues; any company or association neglecting to make and transmit any statement required shall forfeit one hundred dollars for each days neglect" be amended so as to read as follows: Every insurance company, including individuals, partnerships, joint stock associations and corporations conducting any branch of insurance business in this State, must transmit to the Insurance Commissioner a statement of its condition and business, for the year ending on the preceding thirty-first day of December, which statement shall be rendered on the first day of January following, or, within sixty days thereafter, except that foreign companies shall transmit their statement of business, other than that done in the United States, prior to the following first day of July following, or within sixty days thereafter, which statements must be in form, and state the particulars required by the blanks prescribed by the commissioner; and the Insurance Commissioner may require, at any time, statements from any company doing business within this State, or from any of its officers or agents, on such points as he deems necessary and proper to elicit a full exhibit of its business and standing, all of which statements herein required must be verified by the signatures and oaths of the president or vice president, with those of the secretary or actuary. No com- Business to stop on pany, having neglected to file a statement required of it within the time and manner prescribed, shall do any new business, after notification by the Insurance Commissioner, while such neglect continues; and any company or associa- Penalty for neglect. tion neglecting to make and transmit any statement required shall forfeit one hundred dollars for each day's neglect. Provided, That any foreign fire insurance company, doing business in this Commonwealth, may at its option include in its statements to the Insurance Commissioner, its foreign business and assets, but shall be required to return only the business done in the United States and the assets held by and for it within the United States for the protection of policy holders therein. APPROVED-The 23d day of June, A. D. 1885. Insurance commisat any time, statements on particular sioner may require points. neglect to file statement. Foreign fire insurrequired to report its foreign business ance company not and assets. Section 130 of act of for amendment. No. 103. A SUPPLEMENT To an act to consolidate, revise and amend the penal laws of this Commonwealth, approved the thirty-first day of March, Anno Domini one thousand eight hundred and sixty. SECTION 1. Be it enacted, &c., That the one hundred and March 31, 1860, cited thirtieth section of an act, entitled an act to consolidate, revise and amend the penal laws of this Commonwealth, approved the thirty-first day of March, Anno Domini one thousand eight hundred and sixty, which reads as follows: "Any person who shall remove any of his property out of any county, with intent to prevent the same from being levied upon by any execution, or who shall secrete, assign, convey or otherwise dispose of any of his property, with intent to defraud any creditor, or to prevent such property being made liable for the payment of his debts, and any person who shall receive such property with such intent, or who shall, with like intent, collude with any debtor for the concealment of any part of his estate or effects, or for giving a false color thereto, or shall conceal any grant, sale, lease, bond or other instrument or proceeding, either in writing or by parcel, or shall become a grantee, purchaser, lessee, obligee, or other like party in any such instrument or proceeding, with the like fraudulent intent, or shall act as broker, scrivener, agent or witness, in regard to such instrument or proceeding, with the like intent, such person or persons, on conviction thereof, shall be gulty of a misdemeanor, and be sentenced to pay a sum not exceeding the value of the property or effects so secreted, assigned, conveyed or otherwise disposed of or concealed, or in respect to which such collusion shall have taken place, and undergo an imprisonment not exceeding one year," be and the same is hereby amended, so that the same shall read, as follows, namely: Any person who shall remove any of his property, or the property of any other person or persons, out of any county, with intent to prevent the same from being levied upon by any execution, or who shall secrete, assign, convey or otherwise dispose of any of his property, or the property of any other person, with intent to defraud any creditor, or to prevent such property from being levied upon by any execution, or to prevent such property from being made liable for the payment of his debts, or the debts of any other person, and any person who shall receive such property, with such intent, or who shall, with like intent, collude with any debtor, or any other person, for the concealment of such property, or for giving a false color thereto, or shall conceal any grant, sale, lease, bond or other instrument or proceeding, either in writing or by parol, or shall become a grantee, purchaser, lessee, obligee or other like party in any such instrument or proceeding, with the like fraudulent intent, or shall act as broker, Fraudulently secreting or removing ones property, or the property of another with intent to defraud, or prevent execution or liability for payment. Fraudulent reception or concealment with like intent. Becoming grantee, purchaser, &c., with like intent. scrivener, agent or witness in regard to such instrument or proceeding with like intent, such person or persons, on con meanor. viction thereof, shall be guilty of a misdemeanor, and be Declared a misdesentenced to pay a sum not exceeding the value of the property or effects so secreted, assigned, conveyed or otherwise Penalty. disposed of or concealed, or in respect to which such collusion shall have taken place, and undergo an imprisonment, not exceeding one year. APPROVED—The 23d day of June A. D. 1885. ROBT. E. PATTISON. No. 104. AN ACT In relation to mutual insurance companies. Duty of attorney general, when insurance commisproof that execution has been returned sheriff of the proper sioner has received nulla bona by the county. SECTION 1. Be it enacted, &c., That whenever proof shall be submitted to the Insurance Commissioner showing that any execution against any mutual insurance company of this State in pursuance of judgment obtained against said company, in any court of record of this Commonwealth, has been returned nulla bona, by the sheriff of the county, in which said company is located, it shall be his duty to notify the Attorney General, who, thereupon, shall apply to the court of common pleas of the county in which the seat of government is, or may be located, or to a judge thereof in vacation, for an order, upon such company, to show cause why its business should not be closed. Upon the hearing of such rule or order, the court, or judge aforesaid, shall direct the officers of said company to assess and collect, from the policy holders thereof, a sum sufficient to satisfy said judgment and execution, and all other claims against said company, or make any other order or orders in the premises, as may appear to said court, or judge, just and necessary; and, in case, it shall finally appear to said court or judge or decree a dissoluthat the company aforesaid cannot collect from its members, sufficient funds to satisfy the claims against it, the said company shall be adjudged insolvent, and the court, or judge aforesaid, shall decree its dissolution, and appoint a receiver to take charge of its effects and distribute the same among its creditors, under direction of the court. APPROVED-The 23d day of June, A. D. 1885. Power and duty of the court to order made. an assessment to be tion and appoint a receiver. |