Mutual Insurance Companies, insuring against loss by burglary. for any agent or agents to act for any company or companies referred to in this Act, directly or indirectly, in taking risks or transacting the business of burglary and robbery insurance or the insurance of the safe shipping of money and securities by registered mail in this State, without procuring from the Commissioner of Insurance a certificate of authority, stating that such company has complied with all the requisitions of this Act which apply to such companies, and the name of the attorney appointed to act for the company. § 6106. Restrictions on business; reserve, etc.-Any company per- A. 1897, p. mitted and licensed to transact business in this State under this Act 64. shall confine its line of business to that stated in (§ 6403 above), and shall confine its business in this State to banks, bankers, loan companies and county treasurers, and shall not issue any policy or policies to any persons, firms or corporations in this State other than banks, bankers, loan companies and county treasurers. Every such company shall set aside a reinsurance reserve of fifty per cent. of its premiums, whether collected in cash or represented by obligations of the policy-holders, as written in its policies; this reinsurance reserve to be maintained so long as the risk is in force. 86407. Liability of policy-holders.-Policy-holders of any com- A. 1897, p. pany permitted to transact business in this State under this Act shall be held liable to pay the membership fee and premium on their insurance as paid or contracted to be paid at the time the policy is taken out or the risk begins, and shall not be held liable for any other or further assessments or claims on the part of the company or its policy-holders. The membership fee and premium agreed upon may be collected in cash at the time the policy is issued or evidenced by a written obligation of the policy-holder as may be agreed upon by the company and the policy-holder. Such payment or obligation shall be the limit of the liability of the policy-holder to the company for premium on their insurance. 64. 64. $6408. Attorney to be appointed on whom process may be served. A. 1897, p. -It shall not be lawful for any insurance company, association or partnership incorporated by or organized under the laws of any other State of the United States, for any of the purposes specified in this Act, directly or indirectly, to take risks or to transact any business of insurance in this State, by any agent or agents in this State, until it shall first appoint an attorney in this State on whom process of law can be served, and file in the office of the Insurance Commissioner a written instrument, duly signed and sealed, certifying such appointment, which shall continue until another attorney be substituted, and any process issued by any court of record in this State, and served upon such attorney by the proper officer of the county in which such attorney may reside or may be found, shall be deemed a sufficient service of process upon such company, but service of process upon such company may also be made in any other manner provided by law. A. 1897, p. 64. A. 1897, p. 64. Fraternal Beneficiary Orders. $6409. Annual statements.-The statement and evidences of membership, assets and investments required by (§ 6405 above), shall be renewed from year to year in such manner and form as may be required by said Insurance Commissioner, with an additional statement of the amount of premiums received in this State during the preceding year, so long as such agent continues, and the said Insurance Commissioner, on being satisfied that the membership, assets, securities and investments remain secure, as heretofore mentioned, shall furnish a renewal of the certificate as aforesaid, upon the payment to the State at the time of filing the statement here provided for and a fee of five dollars for each corporation, and twentyfive dollars for each foreign corporation. $6410. Penalty for violations.-Any violation of any of the provisions of this Act shall subject the party violating the same to a penalty of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00). A. 1900, p. 71. A. 1900, p. 71. CHAPTER V. FRATERNAL BENEFICIARY ORDERS. $6411. Definition of; powers, etc.-A fraternal beneficiary order, association or society is hereby defined to be a corporation, society or voluntary association which has no capital stock, but is formed or organized and carried on for the benefit of its members and their beneficiaries, and having a representative form of government and a lodge system, with ritualistic form of work for the meeting of its lodges, chapters, councils, or other designated subordinate bodies, and the benefits, insurance, charity or relief shall be payable by a grand or supreme body of the same, excepting sick benefits, which may also be paid by local or subordinate bodies. Such grand or supreme bodies may be composed of its officers, incorporators, representatives elected by local, district or grand bodies, past officers and standing committees. Such orders or associations may make a constitution, by-laws, rules and regulations consistent with the existing laws of the State, for the government of all under its authority, for the management of its properties and the due and orderly conduct of its affairs. $6412. Death or sick benefits.-Such orders or associations may make provision for the payment of benefits in case of death, sickness, temporary or permanent physical disability, either as the result of disease, accident or old age; provided, the period of life at which payment for old ages commences shall not be under seventy years. Any such order or association may also accumulate, maintain, apply or disburse among its membership a reserve, emergency or other funds, as may be provided in its constitution and laws; provided, however, Fraternal Beneficiary Orders. that no profit or gain shall be added to the payments made by a member. 71. § 6413. Assessments.--The funds from which the payment of A. 1900, p. benefits shall be made, and the funds from which the expenses shall be defrayed, shall be derived from assessments, dues or other payments collected from its members, as may be provided by the constitution or by-laws of such order or association. 71. § 6414. Payments of death benefits.--Payment of death benefits a. 1900, p. shall be to families, heirs, blood relatives, affianced husband or affianced wife of, or to persons dependent upon the member, as may be designated by the member. 71. § 6415. Law of such associations.-Such orders or associations A. 1900, p. shall be governed by this Act, and shall be exempt from the provisions of the insurance laws of this State, and no law hereafter passed shall apply to fraternal beneficiary orders or associations unless it is expressly designated therein. 71. $6416. Existing associations, reports of.—Any fraternal bene- A. 1900, p. ficiary order, association or society of this or any other State, district, province or territory, now having members, or any lodge, chapter, councils or subordinate branch duly established and organized in this State, may continue its operations and business in this State; provided, that it hereafter complies with the provisions of this Act regulating annual reports, and the designation of the Insurance Commissioner as the person upon whom process may be served, as hereinafter provided. 71. 6417. Associations of other States.-Any fraternal beneficiary A. 1900, p. order, association or society coming within the description as set forth in ($6411 above), organized under the laws of any other State, province, district or territory, not now having lodges, councils, or other bodies, or members in this State, shall be permitted to do business within this State when it shall have filed with the Insurance Commissioner a certificate from the official in charge of insurance matters in its home State of incorporation that it is authorized to transact business therein as a fraternal beneficiary order or association; also a duly certified copy of its charter and articles of association, and a copy of its constitution and laws, certified to by its secretary or corresponding officer, together with the appointment of the Insurance Commissioner as the person upon whom legal process may be served as hereinafter provided. $6418. Reports of associations.---Every such corporation, society order or association doing business in this State shall, on or before the first day of March each year, make and file with the Insurance Commissioner a report of its affairs and operations during the year ending the thirty-first day of December immediately preceding, which annual report shall be in lieu of all other reports required by any other law. Such reports shall be made on blanks provided by the Insurance Commissioner, and shall be verified under oath by the duly A. 1900, p. 71. A. 1900, p. 71. A. 1900, p. 71. A. 1900, p. 71. A. 1900, p. 71. Fraternal Beneficiary Orders. authorized officers of any such order, and shall be published, or the substance thereof, in the annual report of the Insurance Commissioner under a separate head, entitled "Fraternal Beneficiary Societies." § 6419. Service on such associations.-Each such corporation, society or association now doing, or hereafter admitted to do, business in this State, and not having its principal office within this State, and not being organized under the laws of this State, may be served with each and all processes of law, whether mesne or final, in any action or special proceedings against said corporation, society or association as follows: The party in whose favor suit is being brought, through his attorney at law shall notify in writing the Insurance Commissioner of Georgia of his intention to bring such suit or action, and request the said Insurance Commissioner to appoint some resident of the county of the residence of said plaintiff in said case, and it shall be the duty of the Insurance Commissioner immediately to appoint some resident of said county to accept service of process in all cases in the name of the said corporation, society or association; and the said service, when so made, shall be deemed and held and accepted by said corporation, society or association to be legal personal service and binding, the same as if made upon any agent or officer of said society or corporation; provided, that the said party or his attorney shall, twenty days before the appearance term for said suit or action, cause to be sent to the Insurance Commissioner a copy of the petition. When such service has been made upon such attor ney for service on any such corporation, society or association, and copy of same has been forwarded to said Commissioner as hereinbefore provided, it shall be the duty of said Insurance Commissioner immediately to notify the said corporation, society or association of such service by letter, enclosing copy of said petition, together with process filed in said case, prepaid and directed to the secretary or its corresponding officer. $6420. Record of suits against.--The Insurance Commissioner shall keep a record of all such attorneys appointed for such service, together with the record of when any such petitions with process were received by him in any case, and forwarded to any such corporation, society or association. $6421. License fee. The Insurance Commissioner shall, without undue delay, upon the application of any order, society or association having the right to do business in this State, as provided by this Act, issue a permit in writing authorizing it to do business within the State, for which certificate, and all proceedings in connection therewith, such association shall pay to said Insurance Commissioner a fee of ten dollars. This fee shall be paid annually thereafter in advance. § 6422. Reports, penalty for failure to make.-Any such order, association or society refusing or neglecting to make the report to the Municipal Corporations. Insurance Commissioner, as provided in this Act, shall be excluded from doing business within this State, and the Insurance Commissioner shall at once recall and cancel their license. Any officer, agent or person acting for any order, or subordinate body thereof, within this State, while it shall be prohibited from doing business pursuant to this Act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than twentyfive dollars nor more than one hundred dollars. 71. § 6423. Agents of associations in default.-Any person who shall A. 1900, p. act within this State as an officer, agent or otherwise for any such fraternal beneficiary order in soliciting or procuring new business or members, which shall have neglected or refused to comply with this Act. shall be subject to the penalty provided in the last preceding section for the misdemeanor therein specified. 71. § 6424. Exemptions of certain orders.—All laws and parts of laws A. 1900, p. in conflict with or inconsistent with this Act be, and the same are, hereby repealed, and nothing in this Act shall be held to affect or to apply to grand or subordinate lodges of Masons, Knights of Pythias, Odd Fellows, Red Men, Junior Order American Mechanics, or similar orders that do not have as their principal object the issuance of benefit certificates to members. TITLE XV. MUNICIPAL CORPORATIONS. 81. § 6425. Marshal of city, how ruled.-The marshals of the towns A. 1900, p. and cities of this State, and such other officers of said towns and cities in said State whose duty it is to collect the taxes and other revenues of such towns and cities, by levy and sale, shall be subject to be ruled, either in the Superior, City, or County Court, in the county where said town or city is located, for money in the hands of such officer arising from the public sale of any property, under and by virtue of any process issued by said city or town, in the same manner as sheriffs and constables are ruled for the distribution of money coming into their hands from the sale of any property. 81. $6426. Proceeds of sales by.--When any execution from any A. 1900, p. court, is placed in the hands of the marshal or other selling officer of any town or city in this State, with written notice to hold up the proceeds arising from the sale of any property of the defendant in fi. fa., the marshal or other selling officer shall, after first paying to the city the amount due on the process under which the sale was made, hold up the balance of the funds in his hands until he is ordered to pay out the same by the court first acquiring jurisdiction, under proper proceeding. § 6427. Damages against; demand before suit required.-No person, firm or corporation, having a claim for money damages against A. 1899, p. 74. |