incurred by another kind until all available assets of the kind where the losses or expenses were incurred are exhausted. The return of excess premiums, if any, shall be based upon the contribution of each kind of insurance to such excess.

§ 11. Any public or private corporation, board of [or] association in this State or elsewhere may make applications, enter into agreements for and hold policies in any such mutual insurance corporation. Any officer, stockholder, trustee or legal representative of any such corporation, board, association or estate may be recognized as acting for or on its behalf for the purpose of such membership, but shall not be personally liable upon such contract of insurance by reason of acting in such representative capacity.

§ 12. Every corporation, organized under the provision of this Act, may, in its corporate name, sue and be sued; and shall have power to make contracts of insurance or indemnity with any person, firm, public or private corporation, board, association or estate or any trustee or legal representative of same, in this State or elsewhere; prescribe the qualifications and the manner and form of the admission of members; to have and to use a common seal which may be changed or altered at pleasure; to be capable in its corporate name or in the name of a trustee chosen by the Board of Directors, to take, purchase, lease, hold and dispose of real or personal property for carrying into effect the purpose of the corporation; to make all necessary rules and regulations concerning the hazards incurred, the premium rates to be used and adjustment and payment of losses; to fix the compensation of its directors and officers and require bond for the faithful performance of their duties; to exercise all such other powers as may be necessary to effect the object of such corporation, subject to the restrictions herein provided; to make or amend by-laws not inconsistent with law or the provisions of the Articles of Association, which by-laws shall fix the date and place of the annual meeting of members, shall designate the number of directors, which shall be not less than five, define the duties of the officers and fix the term of office of the directors and officers of such company, and make all further necessary provisions concerning the conduct of its business or affairs.

§ 13. Every policyholder shall be a member of the corporation and shall be entitled to one or more votes, based upon the insurance in force, the number of policies held or the amount of premium paid, as may be provided in the by-laws, and such members may vote in person or by proxy.

14. The by-laws shall provide for a cash premium and may limit. the contingent liability of the members to an amount not less than one or more than ten times the cash premium expressed in the policy. The maximum contingent liability of the holder of each policy shall be plainly stated as a part of each policy. The by -laws may also provide for policies to be issued for cash premiums without contingent liability of policyholders, as provided in section 15.

§ 15. No such corporation shall issue any insurance policy for a cash premium and without contingent liability until and unless it possesses surplus of at least one hundred thousand dollars ($100,000.00) and not less in amount than the capital required of domestic stock insurance companies transacting the same kind of insurance.

§ 16. No such corporation shall invest any of its assets except in accordance with the laws of this State relating to the investment of funds of domestic stock insurance companies doing a similar business.

§ 17. Such corporation shall maintain unearned premium and other reserves, separately for each kind of insurance, upon such basis as is required of domestic stock companies writing the same kind of insurance: Provided, however, that any reserve for losses or claims based upon the premium income shall be computed upon the net premium income, after deducting any so-called dividend or premium returned or credited to the assured: Provided, further, that where a State insurance fund is operated for insuring any of the kinds of insurance enumerated under section 7, then the reserves required of any mutual corporation for such kinds of insurance shall not be greater than the reserves required of the State fund.

§ 18. Such corporation not possessed of assets at least equal to the unearned premium reserve and other liabilities, shall make an assessment upon its members liable to assessment, to provide for such deficiency, such assessment to be against each such member in proportion to such liability as may be expressed in his policy: Provided, the Insurance Superintendent may, by written order, relieve the corporation from an assessment or other proceedings to restore such assets during the time fixed in such order.

19. Any director, officer or member of any such corporation, or any other person, may advance to such corporation any sum or sums of money necessary for the purpose of its business, or to enable it to comply with any of the requirements of the law, and such moneys and such interest thereon as may have been agreed upon, not exceeding ten per cent per annum, shall not be a liability or claim against the corporation or any of its assets, except as herein provided, and shall be repaid only out of the surplus earnings of such corporation. No commission or promotion expenses shall be paid in connection with the advance of any such money to the corporation, and the amount of such advance shall be reported in each annual statement.

§ 20. The president or vice president, together with the secretary of each corporation organized or authorized to do business under this Act, shall annually on or before the 28th day of February of each year, prepare under oath, if required, and file with the Insurance Superintendent a full, true and complete statement of the condition of the company on the 31st day of December of the preceding year, in such form as shall be prescribed by said Insurance Superintendent.

§ 21. When by the laws of any other State, district or territory any corporation is authorized to engage in the insurance business on the mutual plan in accordance with the laws of the State, district or territory in which the corporation is organized, it shall be admitted to do the kinds of insurance business authorized by this Act when it shall be solvent under this Act and shall have complied with the following requirements, to-wit:

1. Filed with the Insurance Superintendent a duly certified copy of the charter and articles of association.

2. Paid the Insurance Superintendent a fee of twenty-five ($25.00) dollars.

3. Filed with the Insurance Superintendent a copy of its by-laws certified to by its secretary.

4. Appointed the Insurance Superintendent as a person upon whom a process may be served, which when so served shall be of the same force and effect, as if served upon the company. This authority shall continue in force so long as liability remains outstanding in this State.

5. Filed a certificate of the Insurance Superintendent that said-corporation is organized and authorized to do such business in the State, district or territory in which it is incorporated.

6. Filed a financial statement under oath, in such form as may be required and have complied with other provisions of law applicable to the filing of papers and the audit and inspection of stock companies transacting the same kind of insurance.

Upon compliance by any foreign corporation with the provisions of this section, its application to do business in this State, shall be approved by the Insurance Superintendent and such officer shall issue to such corporation a permit, in writing, authorizing it to do business within the State. When legal process against any such corporation is served upon said Insurance Superintendent, he shall immediately notify the company of such service by registered letter, prepaid and directed to its home office, or to such officer or authorized representative as the company may direct, and enclose copy of the process served on him. The plaintiff in such process so served shall pay the Insurance Superintendent at the time of such service a fee of $2.00, which shall be recovered by him as a part of the taxable costs if he prevails in the suit. The insurance superintendent shall keep a record of all processes served upon him, which record shall show the day and hour when such service was made.

§ 22. Any mutual insurance company heretofore organized and doing business pursuant to the laws of the State of Illinois, may without reorganization avail itself of and be governed by all the provisions of this Act, by the adoption by its board of directors of a resolution accepting the provisions of this Act. A copy of such a resolution duly certified by the president and the secretary of such company, shall be filed with the Insurance Superintendent of the State of Illinois. Nothing in this Act shall affect any contract of insurance heretofore made.

§ 23. Nothing in this Act shall be construed as repealing any existing statute or provision of law not herein expressly repealed, and nothing herein contained shall repeal or amend any existing law in so far as same relates to reciprocal insurers or inter-insurers.

§ 24. That an Act entitled, "An Act to provide for the organization and management of mutual corporations for the purpose of furnishing insurance and indemnity against loss or liability to members in consequence of accidents or casualties to any employee, person or persons, occurring in or connected with the business of members thereof; and to control such corporation of this State and other States doing business in this State and providing and fixing the punishment for violation of the provisions thereof," approved May 16, 1905, in force July 1, 1905, as amended, except section 1311⁄2 thereof; and all provisions of an Act. entitled, "An Act to incorporate and govern fire, marine and inland navigation insurance companies doing business in the State of Illinois," approved and in force May 11, 1869, as amended, in conflict herewith;

and an Act entitled, "An Act to incorporate companies to do the business of burglary and casualty insurance on the mutual plan, and to control such companies of this State, and of other states and foreign governments doing business in this State," approved April 24, 1899, in force July 1, 1899, be and each of them is hereby repealed.

APPROVED June 29th, 1915.

JAILS AND JAILERS.

LOCATION OF JAIL NEAR SCHOOL.

§ 1. Amends section 1, Act of 1874.

§ 1. As amended, adds provision prohibiting the location of a jail within two hundred feet of any school building.

(HOUSE BILL No. 772. APPRoved June 24, 1915.)

AN ACT to amend an Act entitled, “An Act to revise the law in relation to jails and jailers," approved March 9, 1874, in force July 1, 1874, as subsequently amended by amending section 1 thereof.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an Act entitled, "An Act to revise the law in relation to jails and jailers," approved March 9, 1874, in force July 1, 1874, as subsequently amended, be, and the same is hereby amended by amending section 1 thereof so that said section 1 when amended shall read as follows:

§ 1. There shall be kept and maintained, in good and sufficient condition and repair, a common jail in each county within this State, at the permanent seat of justice for such county. But it shall be unlawful to build a jail within two hundred feet of any building used exclusively for school purposes.

APPROVED June 24th, 1915.

PERMIT FOR FOOD AND CLOTHING, ETC.-ACT OF 1874 AMENded.

1. Amends section 17, and adds section 29,

Act of 1874.

29. Allowance of good time for prisoners with fixed terms.

17. Permit to have food, clothing, etc.

(HOUSE BILL No. 89. APPROVED JUNE 24, 1915.)

AN ACT to amend "An Act in relation to jails and jailers," approved March 3, 1874, in force July 1, 1874, as subsequently amended, by amending section seventeen (17) thereof and by adding a new section to the Act to be known as section twenty-nine (29).

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an Act entitled, "An Act in relation to jails and jailers," approved March 3, 1874, in force July 1, 1874, as subsequently amended, be and the same is hereby amended by amending section seventeen (17) thereof, and by adding to the Act a new section to be known as section twenty-nine (29), which said amended and added sections shall read as inserted at length herein.

§ 17. PERMIT TO HAVE FOOD, CLOTHING, ETC.] Every sheriff, jailer or other person to whose custody or keeping any person is committed by virtue of any writ or process, or for any criminal offense, except on conviction for felony, shall permit such person, at his will and

pleasure, to send for and have any food, clothing, bedding or linen he may think fit for his comfort, without any manner of restraint, hindrance or detention and without requiring him to pay for the right to have the same; but nothing in this Act shall be so construed as to prohibit said jailer from diligently examining everything that may be left for, or tendered to the prisoner, for the purpose of ascertaining whether or not any spirituous, vinous, or malt liquor or any morphine, cocaine, opium or kindred drug, are contained or secreted therein; and if, in the opinion of the jailer, certain articles are vehicle for the smuggling in of prohibited articles, he shall be justified in refusing to deliver the same.

§ 29. ALLOWANCE OF GOOD TIME FOR PRISONERS WITH FIXED TERMS.] Every prisoner who shall hereafter be confined in jail, on a fixed term of imprisonment and who shall perform the duties, services and work assigned to him or her by the jailer in an orderly and peaceable manner and who shall have no infraction of the rules and regulations of the jail or any further violations of the laws of the State, recorded against him or her shall be entitled to a diminution of time from his or her sentence as appears in the following table for the respective months of his or her sentence:

(SENATE BILL No. 509. Approved June 24, 1915.)

AN ACT to amend Section 1 of Article IV, and to add a new section thereto to be known as section three (3) of an Act entitled, "An Act to revise the law in relation to justices of the peace and constables," approved June 26th, 1895, in force July 1st, 1895, and Acts amendatory thereof.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That Section 1, of Article IV, of an Act entitled, "An Act to revise the law in relation to justices of the peace and constables," approved June 26th, 1895, in force July 1, 1895, and Acts amendatory thereof, be amended and that there be added thereto a new section to be known and designated as section 3, and which amended section and new section shall read as follows: