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Any member may be excluded from the benefits of insurance during all the time in which he or she may be in default of payment of an assessment, and the acceptance of such assessment after the same has become delinquent shall not in any manner make the company liable for any loss or damage that may have occurred during the period that such policy was suspended. Any member shall not be liable directly to any other member for such other member's loss or damage, but the liability of a member shall be solely and exclusively through the channel and process of an assessment and the amount of such assessment shall be only his pro rata share in proportion to the amount of insurance carried and rate on the same of all losses and expenses, making reasonable allowances and deductions for uncollectable and unpaid assessments.
SEC. 13. Payment of Losses.—Losses shall become due and payable in sixty days after their adjustment. Said adjustment shall be made within sixty days after losses occur.
SEC. 14. Arbitrators.-In the event of a dispute between the company and a member respecting whether there has been a loss, and the adjustment of the same, the matter shall, at the request of the company, or such member, be submitted to arbitrators, one of whom shall be selected by the company and one by the member, and such two so chosen shall select a third, all of whom shall be disinterested and shall take and subscribe an oath to that effect. A decision of a majority shall be final and binding on all parties.
SEC. 15. Cancellation.—Any member of such company may withdraw therefrom at any time by giving the com. pany notice thereof in writing and paying his or her share of all claims or liabilities for losses or expenses then existing against the company, surrendering his or her policy and paying such cancellation fee as may be provided, not exceeding $1.00 as the board of directors may provide, in case the sum collected at the time the member takees out insurance is such as to justify for a reasonable short rate return premium, and the action of the board of directors in that respect shall be final; but no member, his or her heirs, executors, administrators or assigns can avoid liability to such company for their pro rata share of the unpaid claims against the company accruing while a member. Such
company may for good and sufficient reasons apparent to it, cancel any policy by giving the member notice to that effect and releasing him or her from further assessments and thereupon such member shall send in his or her policy to the company.
SEC. 16. Bodies Corporate.-Such companies shall be deemed bodies corporate with succession and shall possess the usual powers and privileges and be subject to the usual duties of corporations within the limitations of this act, and such corporation may purchase, own, hold, lease, encumber and convey such real estate severally or jointly with others as may be necessary for its present and prospective use as offices and place of business.
SEC. 17. Annual Statement.-It shall be the duty of the president and secretary to prepare annually, under oath, a full and complete statement of the condition of the company on the 31st day of December each year, and present the same at the annual meeting of the members.
SEC. 18. Certificates.—It shall be the duty of such company to file an annual statement with the proper insurance department of this State not later than the 31st day of January of each year, on blank furnished by said insurance department. Such department, if it thinks necessary, or one deputized by it, having no interest in an insurance company and unprejudiced, may make an examination into the affairs of such company and for such purposes shall have access to all the books and files of the company, and may examine the officers and other witnesses under oath. If such company is doing business in accordance with and under the provisions of this act, is solvent and properly managed, the insurance department shall furnish such company and its authorized agents a certificate stating that such company has complied with the provisions of this act and is authorized to do business for the ensuing year unless certificate is sooner revoked. If upon such examination it shall appear to the department that the condition of such company does not justify it continuing in business, it may apply to the district court of the county where the principal office of such company is located for an order requiring such company to show cause why it should not be closed. For examining the company's annual report and issuing certificate it shall be paid $. ..... and for each agent's certificate $......
SEC. 19. Penaltics.-It shall not be lawful for company or agent to do business without authority given them by the insurance department. Any person who shall act or attempt to act for or on behalf of any company in any capacity as agent, officer or otherwise, in the procuring or attempting to procure or solicit business without said company having first complied with the provisions of this act (except soliciting the original signatures to the articles of incorporation and applications for membership necessary to organize a company), shall on conviction thereof, be found guilty of a misdemeanor and be fined in any sum not exceeding $500.00 or committed to the county jail not exceeding six months, or both such fine and imprisonment.
SEC. 20. Accepting this Act.-Any mutual insurance company now doing business in this State under any of the provisions of the law thereof, with the written consent of a majority of the members, may accept the conditions of this act and thereupon be governed by it. Before such company shall be entitled to the benefits of this act, it shall file with the insurance department its articles of incorporation and by-laws and record a certified copy thereof as provided in Section 2 of this act.
SEC. 21. All acts and parts of acts in conflict with the provisions of this act are hereby repealed in so far as they effect any company or companies hereafter organized under or taking advantage of this act.
SEC. 22. Whereas an emergency exists this act shall take effect and be in force from and after its passage and approval.
Approved the 10th day of March, 1903.
HOUSE BILL NO. 86.
FOR A BOARD OF EXAMINERS AND FOR A CERTIFICATE
MADE BY A LICENSED SURVEYOR.
SECTION 1. Every person desiring to become a licensed land surveyor in this State must present to the State Engineer a certificate that he is a practical surveyor and a person of good moral character; also a certificate signed by the board of examining surveyors (provided for in Sec. 4 of this act) which certificates shall set forth that the person named therein is, in the opinion of the person signing the same, a fit and competent person to receive a license as land surveyor, together with his oath to support the Constitution of the State and of the United States and to faithfully discharge the duties of a land surveyor as defined in this act.
SEC. 2. Upon the receipt of such certificate and oath, and upon his filing a good and sufficient bond in the sum of $500 for the faithfùl performance of his duties as land surveyor, the State Engineer shall issue to such applicant a license, upon payment of a fee of $5.00, which fee shall be turned into the State treasury. The license shall set forth the fact that he is a surveyor and authorized to practice his profession within this State.
SEC. 3. All papers received by the State Engineer on application for licenses shall be kept on file in his office, and a proper index and record thereof shall be kept by him, and he shall keep a list of all licensed land surveyors.
SEC. 4. Within thirty days after the passage and approval of this act, and every two years thereafter, the Gov. ernor shall appoint, for the term of two years, two competent engineers who, together with the State Engineer shall constitute an examining board, who shall serve without compensation. The State Engineer shall ex officio be the chairman of such board, which shall hold meetings at such times and places designated by the State Engineer.
SEC. 5. Surveyor's licennses, issued in accordance with this act, shall remain in force until revoked for cause, as hereinafter provided.
SEC. 6. Every licensed surveyor is authorized to admin. ister and certify oaths when it becomes necessary to take testimony to identify or establish old or lost corners, or to perpetuate a corner that is in a perishable condition, or whenever the importance of the survey makes it desirable; to administer oaths for the faithful performance of duty to assistants. A record of such oaths shall be kept as part of the field notes of the survey.
SEC. 7. Every land surveyor is hereby authorized to make surveys relating to the sale or subdivision of lands, the retracing or establishing of property or boundary lines, public roads, streets, alleys or trails; and it shall be the duty of each surveyor whenever making any such survey, except those relating to the retracing or subdivision of cemetery or town lots, whether the survey be made for private persons, corporations, cities or counties, to set permanent and reliable monuments; and such monuments must be permanently marked.
SEC. 8. Upon failure of any licensed surveyor to comply with the requirements of this act and the furnishing of satisfactory proofs of such fact, the State Engineer must revoke his license and no license shall be issued to him within one year from such revocation.
SEC. 9. No survey of land or plat or subdivision shall be legal after June 1st, 1903, unless made by a licensed surveyor.
SEC. 10. All county surveyors in office at the time of the passage of this act, shall be considered as licensed surveyors until the termination of their respective terms of office.
SEC. 11. All persons residing in this State and who were engaged in the actual practice of land surveying prior to the passage of this act, shall be licensed, without examination, to continue such practice, upon filing with the State Engineer an affidavit, stating his residence and qualifications, accompanied by the fee and bond, provided for in Section 2.
SEC. 12. All surveys made under the authority of the State or any county, town, city or village within the State must be performed by a licensed surveyor:
Approved the 6th day of March, 1903.
HOUSE BILL NO. 87.
THE COUNTIES OF BOISE AND IDAHO AND CREATING A
COMPLETION OF THE CONSTRUCTION OF SAID ROAD.
SECTION 1. There shall be constructed in the counties of Boise and Idaho in the State of Idaoho a State wagon