OF THE REVENUE OF THE STATE. qualified to conduct and carry on the business of fire insurance agents as provided for in Section 2 of said Chapter 117, Volume 13, Laws of Delaware, at the one place designated in his license) who shall procure or solicit any citizen or resident of this State to take out a policy of insurance in any fire insurance company or companies not incorporated by the laws of this State, shall be deemed a foreign fire insurance agent within the meaning of this act. firm or co required for SECTION 6. That in every license to be taken out under or by authority of this act shall be contained or set forth the Form of litrade, business, pursuit or occupation for which such license cense. is granted, the name and place of abode of the person or persons taking the same, and that the fee due the State therefor has been paid. Where one or more persons are Licenses for associated together as a firm or co-partnership and doing or partnership. carrying on any trade, business, pursuit or occupation mentioned in the first section of this act at the same time and place, it shall not be necessary for each of the individuals composing such firm or co-partnership to take out a separate license therefor, but one license may be granted in the name of the firm or co-partnership. In every case where more a license than one of the trade, business, pursuit or occupation men-ch trade tioned in the first section of this act shall be pursued or &c. carried on by the same person or persons, firm, company or corporation at the same time, a license must be taken out for each according to the rates prescribed by the third section of this act. Every license issued in pursuance of the provisions of this act shall bear date on the day on which it was issued and shall continue in force one year from the date thereof cense. and no longer. Such license shall be signed by the Governor Form of sig of this State and countersigned by the Secretary of State natures. and sealed with the seal of his office. Every person, or persons, firm, company or corporation who shall procure a license under this act as foreign life insurance agent, foreign fire insurance agent, shall be authorized and empowered, dur- Powers and ing the year for which such license was granted, to exercise and under such carry on the trade, business, pursuit or occupation for which the license was granted in any county of this State; provided, that no such person or persons, firm, company or corporation shall be engaged in, prosecute, follow or carry on such trade, business, pursuit or occupation at more than one place at the same time. And provided further, that if any person. or persons shall be duly licensed under this act as foreign life insurance agent, foreign fire insurance agent, and shall Date and term of li privileges license. ing, heirs. OF THE REVENUE OF THE STATE. Licensee dy- die before the expiration of the year for which such license. &c., to act. was granted, it shall be lawful for his or her or their executors [or] administrators to exercise and carry on the trade, business, pursuit or occupation for which such license was granted until the expiration of the time for which such license was granted. Every person applying to the Insurance Commissioner of Delaware for a license under the provisions of this act shall, in addition to the fee for the use of the State mentioned in the third section of this act, pay to sioner's fee the Insurance Commissioner of Delaware a fee of fifty cents for issuing the same. Commis for issuing licenses. State tax. SECTION 7. That every person or persons, association, firm, company or corporation, who shall within the limits of this State be engaged in, pursue or follow the business of or occupation of insuring property against loss by fire shall, on the first Tuesday in the month of July next after the passage of this act and on the same day annually thereafter while they shall continue in such business, pay to the Insurance Commissioner of Delaware, for the use of the State, a tax of one hundred dollars; provided, that where two or more persons are associated together and carrying on the business. or occupation of insuring property against loss by fire, it shall not be necessary for each of the persons composing such firm or association to pay the said tax, but the payment thereof by such association collectively shall be sufficient; The Dela- provided, however, that this section shall only apply to Grange Mu- organizations established within or incorporated by the laws ture of this State; and provided further, that the Delaware State Company Grange Mutual Fire Insurance Company is exempt from the payment of the tax imposed by this section. ware State tual Fire In surance exempt from State tax. SECTION 8. That if any person or persons, firm, company or corportion or association of individuals who shall be engaged in, pursue or follow the business or occupation of insuring property against loss by fire shall refuse, fail or neglect to pay to the Insurance Commissioner of Delaware, for the use of the State, the tax imposed by Section 7 of this act within five days after the same shall become due and payable such person or persons or individuals composing such firm, company, corporation or association so refusing, failing or neglecting, besides being liable to pay the tax Pay with imposed by said Section 7, shall be deemed guilty of a misfive days demeanor and upon conviction thereof by indictment shall forfeit and pay a fine of not less than five hundred dollars Penalty for neglect or refusal to State tax after coming due. OF THE REVENUE OF THE STATE. pay State cation of president tors refusing to pay tax. nor more than two thousand dollars, besides costs of prosecution. And if any corporation, liable to the tax imposed by the preceding section of [this] act, shall refuse, fail or neglect for the space of five days after the same shall be due and payable to pay to the Insurance Commissioner of Delaware the tax imposed by said section of this act, such refusal, failure or neglect shall work a revocation of the charter of Refusal or such corporation so refusing, failing or neglecting, and the elect to president and directors of such corporation so refusing, fail- taxa revoing or neglecting as aforesaid shall be deemed guilty of a charter. misdemeanor and upon conviction thereof by indictment, shall forfeit and pay a fine of not less than five hundred Penalty of dollars nor more than two thousand dollars, besides costs of and direcprosecution, and the individual property of such president and directors shall also be liable for the payment of the tax imposed by Section 7 of this act. And further, in case of any person or persons, company or association of individuals as aforesaid so refusing, failing or neglecting to pay the tax for which he, she or they are liable under the seventh section of this act within the time appointed for the payment thereof, it shall be unlawful for him, her or them thereafter to be Unlawful to engaged in, pursue, follow or carry on the business or occu- pursue the pation of insuring property against loss by fire within this insuring af State, and upon conviction thereof by indictment shall forfeit and pay a fine of not less than five hundred dollars nor more than two thousand dollars, besides costs of prosecution. Penalty. SECTION 9. The Court of Chancery shall have jurisdic- Powers of tion and power, and upon appplication of the Insurance Chancery in Commissioner of Delaware, on behalf of the State, it shall such cases. be the duty of the Chancellor to restrain by injunction process any breach of the provisions of this act attempted to be committed by any person or persons, company or association. of individuals by engaging in, pursuing or carrying on the business or occupation of insuring property against loss by fire after a refusal, failure or neglect to make payment to the Insurance Commissioner of Delaware for the use of the State of the tax imposed by Section 7 of this act within the timè limited for the payment thereof. And further, in case of any Commis refusal, failure or neglect by any corporation liable to the sioner to repayment of the tax imposed by Section seven of this act to failure or make payment to the Insurance Commissioner of Delaware pay tax to of the tax imposed by said Section seven, within the time the General appointed for the payment thereof, the Insurance Commis- and to the sioner of Delaware shall report the fact to the General General. ter refusal to pay State tax. the Court of Insurance port such refusal to Assembly Attorney OF THE REVENUE OF THE STATE. Assembly, if in session, or at their next meeting, either regular or adjourned, and also to the Attorney General whose duty it shall be to proceed without delay against the said corporation in the proper tribunal to carry the aforesaid revocation into effect. SECTION 10. That it shall be the duty of the Insurance Commissioner of Delaware to enforce the payment of the tax imposed by the provisions of this act, and for this purpose all the provisions of Chapter twenty-nine of the Revised Code of this State, conferring powers and duties upon the State Treasurer, shall apply to the Insurance Commissioner of Delaware for the purpose of carrying into force and effect lecting tax. the provisions of this act. Powers of surance casualty to pay a tax of 11⁄2 per centum on premiums, &c. SECTION II. That every person or persons, association of individuals or corporation who, not being incorporated by this State, shall be engaged in, pursue or follow the business Foreign in or occupation of an insurance or guarantee or casualty comcompanies, pany, and who shall collect from any citizen or resident of guarantee or this State any premium, interest or assessment upon any companies insurance or guarantee policy or certificate or other instrument of like character issued upon person or property located within this State, shall pay annually for the use of this State a tax of one and one-half per centum upon the total amount of all such collections which have been made within the year, whether upon policies issued during the year or issued previously thereto by any such person, association or corporation, and upon which a tax of one and one-half per centum has not been previously paid to the Insurance Commissioner of Delaware by an agent or agents of such person, association or corporation under Section third of this act; and every such person, association or corporation shall annually transTo transmit mit to the Insurance Commissioner of this State a statement, ance Com- verified by the oath or affirmation of the president, vicestatement of president, and secretary or manager, setting forth the total the amount amount of all such collections made since the thirty-first day of December in the year eighteen hundred and ninety and in each year thereafter. If any person, association or corporation shall neglect or refuse to comply with the requirements of this section, such offending person, association or corporaPenalty for tion shall not be granted by the said Insurance Commissioner neglect or a certificate of authority to transact business within this perform du- State, and the fact that such person, association or corporathis section. tion is without legal authority to transact business within to the Insur missioner a of collec tions, &c. refusal to ties under OF THE REVENUE OF THE STATE. this State and the reason thereof shall be published by the said Insurance Commissioner in at least three public newspapers of this State. Commis make semi moneys, &c., re SECTION 12. The Insurance Commissioner of Delaware Insurance shall semi-annually, on the first Tuesday of April and Oc-sioner to tober, or within five days thereafter, plainly state under his annual statehand a full and true account of all money by him received ment of or for which he is accountable for fees or taxes to the State taxes, fees, under the provisions of this act; and shall at the same time ceived. deposit to the credit of the State Treasurer, in the Farmers' Semi-annual Bank of the county in which he (the Insurance Commis- Farmers' sioner) resides, the full amount due on such account and send Bank. such account to the State Treasurer with a certificate of Certificate such deposit. deposits in of deposits. Charitable SECTION 13. That all charitable beneficial orders organ- and beneized for mutual benefit, other than regularly chartered ficial orders mutual insurance companies, shall be exempt from all and the proevery the provisions of this act. exempt from visions of this act. Passed at Dover, January 30th, 1891. CHAPTER 22. AN ACT to amend Section 3 of the act entitled "An act to Repeal and Be it enacted by the Senate and House of Representatives · of the State of Delaware in General Assembly met: SECTION I. That the act entitled "An act to repeal and Supply Chapter 117, Vol. 13, Laws of Delaware, as amended by Chapter 423, Vol. 17, Laws of Delaware, passed at Dover January 30th, 1891, be and the same is hereby amended by striking out all of Section 3 of said act and inserting in lieu thereof the following, to wit: |