when.

and receipt shall be filed in the office of said secretary, and shall be a sufficient voucher to him for such stationery.

SEC. 3. This act, being deemed of immediate importance, shall To be in force be in force from and after its publication in The Daily State Register and Daily State Leader, newspapers published at Des Moines, Iowa, anything contained in chapter three of the code to the contrary notwithstanding.

Approved February 5th, 1874.

I hereby certify that the foregoing act was published at Des Moines in The Iowa Daily State Register, and The Iowa Daily State Leader, Feb. ruary 7, 1874.

JOSIAH T. YOUNG, Secretary of State.

F. 88.

Code: 31166.

Agent of life insurance

company

auditor's cer

tificate before doing business.

CHAPTER 2.

LIFE INSURANCE COMPANIES.

AN ACT to Amend Chapter Five of Title Nine of the Code, ["Of Life "Insurance Companies,"] and to Release certain Penalties.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That section 1166 of said code be and the same is hereby repealed, and in lieu thereof is enacted the following: "Section 1166. No agent shall act for any company referred to "in the foregoing section, directly or indirectly, in taking risks, must obtain "collecting premiums, or in any manner transacting the business "of life insurance in this state, without procuring from said "auditor a certificate of authority, stating that the foregoing requirements have been complied with, and setting forth the name "of the attorney for each company, a certified copy of which cer"tificate shall be filed in the county recorder's office of the county "where the agency is to be established, and shall be the authority "of such company and agent to commence business in this state, "and such company, or its agent or attorney, shall, annually, by "the first day of April, file with the auditor of state a statement "of its affairs for the year terminating on the 31st day of Demade by April "cember preceding, in the same manner and form provided for "similar companies organized in this state."

Company's

annual statement to be

1st.

? 1167.

SEC. 2. That section 1167 of said code be amended by strikAnnual state- ing out of the third line of said section the words "or doing busi"ness in this state."

ment.

1170.

SEC. 3. That section 1170 of said code be and the same is hereby repealed, and in lieu thereof is enacted the following: "Section 1170. On receipt of the deposit and statement Company's "from any company as provided in the preceding sections, and annual certifi- "the statement and evidence of investment according to law "of foreign companies, which shall be renewed annually, the "auditor shall issue a certificate setting forth the corporate name "of the company; its principal office or agency in the State; that "it has fully complied with the laws of this State in relation to

cate.

"life insurance companies, and is authorized to transact the busi66 ness of life insurance for twelve months from the date of such

"certificate, or until the expiration of the thirty days' notice given Expiration of "by the auditor of the next annual valuation of its policies, said same.

"certificate to expire on the first day of April in the year fol

"lowing after it is issued."

failure to

home compa

SEC. 4. That section 1171 of said code be and the same is hereby repealed and in lieu thereof is enacted the following: "Section 1171. Upon the failure of any company organized in ? 1171. "this state to make the deposit, or file the statement in the time "stated herein, the auditor shall notify the attorney-general of the Penalty for "default, who shall at once apply to the district or circuit court make deposit "if in session, or, if in vacation, to any judge thereof, for an order or statement: "requiring said company to show cause why its business shall not nies; "be closed; and, if upon hearing the company shall fail to "show sufficient cause for neglecting to make the deposit, or file "the statement required by this chapter, then the court shall de- Foreign comcree its dissolution. Companies organized and chartered by the "laws of any foreign state or country, failing to file the evidence "of deposit and the statement within the time stated herein, shall "be subject to the penalties prescribed in section 1177.”

66

''

nies.

ness without

SEC. 5. That section 1177 of said code be and the same is § 1177 re. $ hereby repealed, and the provisions of subdivision one of section pealed. forty-five of the code shall in no way apply to this repeal, and in lieu of said section 1177 is enacted the following: "Section "1177. Any company doing business in this State without the Penalty for "certificate required by section (1170) eleven hundred and seventy doing busi"of this chapter, shall forfeit one hundred dollars for every day's certificate: neglect to procure said certificate. Any agent making insur- company; "ance, or soliciting applications for any company having no "certificate from the auditor, shall forfeit the sum of three hun"dred dollars, and any person acting for a company authorized "to transact business in this state, without having the certificate "prescribed in section 1166, issued by the auditor of state, in his possession, shall be liable to pay twenty-five dollars for each "day's neglect to procure such certificate."

'

agent.

SEC. 6. Section 1178 of said code is hereby repealed, and the pro- ¿ 1178 revisions of subdivision one of section 45 of the code shall not apply pealed; to this repeal, and in lieu of said section 1178 is enacted the follow

ing: "Section 1178. Suits brought to recover any of the penalties New section. provided for in this chapter shall be instituted in the name of "the State of Iowa by the district-attorney of the district, under "the direction and by the authority of the auditor of state, and "may be brought in the district or circuit court of any county "in which the company proceeded against is engaged in the trans- penalties. "action of business, or in which the agent resides, in cases in "which the proceeding is against the agent individually. Said To be paid in"penalties when recovered shall be paid into the state treasury for to state treas"the use of the school-fund."

SEC. 7. That in all cases in which any of the life insurance companies doing business in this state, or their agents, have heretofore failed to file the statements with the auditor of state, and to

Recovery of

ury.

1868; ch. 173.

procure the certificates, required by the provisions of chapter 173 of the acts of the 12th general assembly, and of chapter (5) five Title IX, ch. 5. of title nine (9) of the code of Iowa, within the times therein limited, but have, in fact, subsequently filed such statements, and procured certificates from the auditor of state, such filing of said statements and procuring of certificates shall be taken and deemed to be a fulfillment of the requirements and provisions of said acts above named, on the part of said companies and their agents, and shall have the same force and effect as though such statements had been filed and the certificates had been issued within the times limited and fixed in said chapter 173 of the acts of the twelfth leased in cer- (12th) general assembly, and chapter five (5) of title nine (9) of the code of Iowa, and no fine, penalty, or forfeiture shall be held or deemed to have been incurred by any of said companies, or their agents, through the transaction of business by said companies or their agents previous to the issuing of the said certificates by the auditor of state; and all forfeitures, fines, and penalties heretofore incurred by any of said life insurance companies, or by the agents thereof, be and the same are hereby released, remitted, and discharged.

Penalties re

tain cases.

Publication clause.

SEC. 8. This act, being deemed of immediate importance, shall take effect and be in force from and after its publication in The Daily State Register and Iowa Daily Leader, newspapers published at Des Moines, Iowa, without expense to the State. Approved February 6th, 1874.

I hereby certify that the foregoing act was published at Des Moines in The Daily Iowa State Register and The Iowa Daily State Leader February 7, 1874.

JOSIAH T. YOUNG, Secretary of State.

H. F. 113.

Code § 12.

CHAPTER 3.

PAYMENT OF MEMBERS, OFFICERS, AND EMPLOYEES OF THE GEN-
ERAL ASSEMBLY.

AN ACT to amend Section 12, of Chapter 2, of the Code, and to Provide for the Payment of the Members, Officers, and Employees of the General Assembly.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. That there be added to section twelve (12) of chapter two (2) of the code the words following, to-wit:

"Within thirty days after the convening of the general assembly, the presiding officers of the two houses shall jointly certify, to the auditor of state, the names of the members, officers, and employees of their respective houses, and the amount of mileage ing mileage of due each member respectively, who shall thereupon draw a warrant upon the state treasurer for the amount due each member for mileage as above certified. He shall also issue to each member of

Mode of pay

members of

general as

sembly.

the general assembly, at the end of the said thirty days, a warrant for one-half the salary due each member for the session, and the Same of salremaining one-half at the close of the session, and that at the ary. close of any extra or adjourned session the compensation of the members shall be paid upon certificate of the presiding officers of each house, showing the number of days of allowance and the compensation as provided by law."

officers and employees.

SEC. 2. He shall also issue to each officer and employee of the Payment of general assembly, upon the certificate of the presiding officer of the house to which such officer or employee belongs, a warrant, from time to time, for the amount due said officer or employee for services rendered.

SEC. 3. He shall also issue warrants from time to time, to Same. the postmaster, assistant postmaster, and mail-carrier, upon certificates signed by the president of the senate and the speaker of the house, for the amount due said officers for services rendered. SEC. 4. Said warrants shall be paid out of any moneys in Payment of the treasury not otherwise appropriated.

warrants.

clause.

SEC. 5. This act shall take effect immediately from and after Publication its publication in The Iowa Daily State Register and Daily State Leader anything in the code to the contrary notwithstanding.

Approved February 17th, 1874.

I hereby certify that the foregoing act was published in The Iowa Daily State Leader February 18, and in The Iowa Daily State Register February 19, 1874.

JOSIAH T. YOUNG, Secretary of State.

CHAPTER 4.

STATE AGRICULTURAL SOCIETY.

AN ACT to repeal section 1105.

S. F. 1.

SECTION 1. Be it enacted by the General Assembly of Approriation the State of Iowa, That section 1105 of the code be and the cultural Socisame is hereby repealed.

to State Agriety discontinued.

SEC. 2. This act being deemed of immediate importance by the general assembly shall take effect from and after its publication Publication in The Iowa State Register and the Iowa State Journal, published clause. at Des Moines, Iowa.

Approved February 19th, 1874.

I hereby certify that the foregoing act was published at Des Moines in The Daily State Journal February 19, and in The Daily Iowa State Register February 20, 1874.

JOSIAH T. YOUNG, Secretary of State.

H. F. 179.

Cities may

contract with owners of

of same.

May assume liability for damage to persons and property.

CHAPTER 5.

RAILROAD AND WAGON BRIDGES.

AN ACT to Empower Cities and Towns to make Contracts with Railroad and Bridge Companies for the Use of Wagon-Bridges across Rivers.

Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That all cities situate on any river in the state, whether organized and existing under special charter or by general law, and from which to the opposite shore of any of said bridges for use rivers a bridge has been or may be constructed by any railroad or other private company, corporation, or person, shall have power to contract, with the company, corporation, or person owning such bridge, for the use of the same as a public highway, jointly with any company, corporation, or person having or desiring the right to use the same for the passage of cars propelled by steam, or otherwise, and in such contract may have the right to assume sole liability for damage to persons or property by reason of their being on any part of said bridge or on an approach to either end thereof caused by the running of cars or locomotives by any corporation, company, or person entitled to use said bridge, whether such damage results from the negligence of the persons engaged in running said cars or locomotives or otherwise; and to indemnify and save harmless the owners of said bridge, and any or all corporations, companies, or persons May control entitled to use the same, from all liability for damage so caused; such bridges. and said city may thereafter manage and control said bridge either as a free or a toll bridge, and prescribe such rates of toll as to it from time to time shall seem proper, and make all necessary police regulations for the government of said bridge. SEC. 2. This act being deemed of immediate importance shall be in force from and after its publication in The Iowa Daily State Leader, published in the city of Des Moines, and The Dubuque Herald, published in the city of Dubuque. Approved February 19th, 1874.

Publication clause.

I hereby certify that the foregoing act was published at Des Moines in The Iowa Daily State Leader February 23, and in The Dubuque Herald February 25, 1874.

JOSIAH T. YOUNG, Secretary of State.