of the general revenue fund, not otherwise appropriated, which sum shall be in full liquidation and payment to said Joseph Higgins, Jr., for injuries received by him while an inmate of the Ohio soldiers' and sailors' orphans' home at Xenia, Ohio, and which said amount is to be in full of all claims and demands against the state for and on account of' the injuries aforesaid. SECTION 2. This act shall take effect and be in force from and after its passage. W. S. MCKINNON, Speaker of the House of Representatives. Passed May 2, 1902. President of the Senate. 228G Crimes against the person: Punishment for rape. Assault with or commit rape or robbery. [House Bill No. 707.] AN ACT To amend sections 6817, and 6821 of the Revised Statutes of Ohio. (Sec.) 6817. A person convicted of rape upon his daughter, or sister, or female person under twelve years of age, shall be imprisoned in the penitentiary during life; and a person convicted of having carnal knowledge of any other female person forcibly and against her will, shall be imprisoned in the penitentiary not more than twenty years nor less than three years; and a person convicted of carnally knowing and abusing a female person under sixteen years of age with her consent, shall be imprisoned in the penitentiary not more than twenty years nor less than one year, or six months in the county jail or workhouse at the discretion of the court, which is hereby authorized to hear testimony in mitigation or aggravation of sentence. (Sec.) 6821. Whoever assaults another with intent to intent to kill, kill, or to commit robbery or rape upon the person so assaulted, or attempts to carnally know and abuse a female person under sixteen years of age, with her consent, shall be imprisoned in the penitentiary not more than fifteen years nor less than one year. Repeals, etc. SECTION 2. That sections 6817 and 6821 of the Revised Statutes of Ohio be, and the same are hereby repealed, and this act shall take effect and be in force from and after its passage. W. S. MCKINNON, Speaker of the House of Representatives. Passed May 2, 1902. F. B. ARCHER. President of the Senate. 229G [Senate Bill No. 184.] AN ACT To amend an act passed May 21st, 1894, entitled "An act to provide for the organization and regulation of credit guaranty corporations." (O. L. 91, pages 415, 416, 417, 418, 419). Be it enacted by the General Assembly of the State of Ohio: guaranty companies: SECTION I. That an act passed May 21st, 1894 (91 O. Credit L., pages 415, 416, 417, 418, 419), and entitled, "An act to provide for the organization and regulation of credit guaranty corporations," be amended so as to read as follows: SECTION 2. (Sec. 3691-14). Any number of per- Organization. sons, not less than five, may associate and form a company to guarantee and indemnify merchants, manufacturers, traders and those engaged in business, and-giving credit from loss and damage by reason of giving and extending credit. to their customers and those dealing with them, by making, acknowledging and filing articles of incorporation pursuant to, and by complying with section 3588, 3589 and 3590 of the Revised Statutes of Ohio. SECTION 3. (Sec. 3691-15). No such company shall Capital stock. be organized with a less capital than one hundred thousand dollars ($100,000), and the whole capital shall, before proceeding to business, be paid in and invested in treasury notes, in stocks or bonds of the United States, in stocks or bonds of the state of Ohio, or of any municipality or county thereof or in mortgages on unincumbered real estate within the state of Ohio, worth double the amount loaned thereon at the time such loan is made. SECTION 4. (Sec. 3691-16). Any such company may increase its capital stock as provided in section 3592 of the Revised Statutes of Ohio. SECTION 5. (Sec. 3691-17). Any such company may invest its capital stock and change such investment as provided in section 3593 of the Revised Statutes of Ohio; but no such company shall commence business until it has made the deposit of securities provided for in said section, which shall be held and controlled by the superintendent of insurance for the purpose and in the manner provided in said section 3593 and in section 3594 of the Revised Statutes of Ohio. SECTION 6. (Sec. 3691-18). When such company is fully organized and has deposited the requisite amount of securities as hereinbefore provided, together with a certified copy of the papers required by this act, the superintendent of insurance shall, unless he find the name assumed by such company so nearly similar to the name of another company organized in this state as to lead to uncertainty or confusion on the part of the public, furnish such company with a certificate of such deposit and of authority to commence and transact business. Increase of capital stock. Investment deposit. of capital; Certificate of deposit and of authority to transact business. SECTION 7. (Sec. 3691-19). No such company shall Powers of undertake any business or risk except as provided in clause companies. Annual statements. 2 of section 3641 and 36416 of the Revised Statutes of Ohio, and as herein provided, and such companies shall have the right, power and authority to agree to pay to merchants, manufacturers, dealers and persons engaged in business and giving credit, the debt or debts, or such part thereof as may be agreed upon, owing to them, or which may be thereafter owing to them, and to indemnify them from loss on account thereof in such an amount or per cent as may be agreed upon, and to charge and receive there for such a sum or per cent as the consideration for such an agreement, guaranty or indemnity, as shall be agreed upon between such corporation and the person guaranteed or indemnified, and to buy, hold, own and take an assignment of any and all claims, accounts and demands so guaranteed, and to hold, own and collect the same, and to enforce the collection thereof by action the same as the original holder and owner thereof might or could do; and such corporation may also guarantee the payment of money for personal services under contract of hiring. Any such corporation may use its capital stock or its funds accumulated in the course of its business to purchase or pay for any claim or demand, the payment of which it has guaranteed; or against the loss of which it has indemnified the holder; and such of its capital stock or accumulated funds as may not be so used shall be invested in the same classes of securities in which the deposit to be made with the superintendent of insurance is required by the provisions of this act to be invested; provided, that when, on account of losses or otherwise, the amount of the funds of any such corporation shall fall below such sum as is required to be deposited by this act, no further guaranty of indemnity shall be issued until the deficiency has been made good. SECTION 8. (Sec. 3691-20). The president or vicepresident of each company organized under this act, or under the laws of any other state, or the general manager for the United States of any company organized for like purposes under the laws of a foreign government, and doing business in this state, shall, annually, on the first day of January, or within thirty days thereafter, prepare under oath and deposit in the office of the superintendent of insurance a statement of the condition of such company on the thirtyfirst day of December then next preceding, exhibiting the following facts and items, and in the following form, to-wit: First. The amount of the capital stock of the company, specifying the amount paid and unpaid. Second. The property or assets held by the company specifying: 1. The value of the real estate owned by such company, where it is situated, and the value of the buildings thereon. 2. The amount of cash on hand and deposited in banks to the credit of the company, specifying in what banks the same is deposited. 3. The amount of cash in the hands of agents and in the course of transmission. 4. The amount of loans secured by bonds and mortgages which are first liens on real estate and on which there is less than one year's interest due. 5. The amount of loans on which interest has not been paid within one year. 6. The amount due the company on which judgments have been obtained, and the cash value thereof. 7. The amount of stocks in this state, the United States, of any city in this state, and of any other stocks owned by the company, specifying the amount, number of shares, and the par and market value of each kind of stocks. 8. The amount of stock held as collateral security for loans, with the amount loaned on, and the par and market value of each kind of stock. 9. The amount of unpaid assessments on stock, premium notes or contingent liabilities. 10. The amount of interest due and unpaid, and the amount of interest accrued but not due. II. The amount of premium notes or contingent liabilities on which policies or bonds of guaranty or indemnity are issued. 12. The number of policies or bonds of guaranty or indemnity in force. The amount of premiums received thereon. 14. The amount and description of all other assets. 2. The amount of claims for losses resisted by the company. 3. Gross losses in process of adjustment or in suspense, including all reported and supposed losses. 4. The amount of dividends declared and due and remaining unpaid. 5. The amount of dividends, either cash or scrip, declared, but not due. 6. The amount of money borrowed, and the security for the payment thereof. 7. The amount of all other existing claims against the company. Fourth. The income of the company during the preceding year, specifying: I. The amount of cash premiums received. 2. The amount of notes or contingent assets received for premiums. 3. The amount of interest money received. 4. The amount of income received from other sources. Fifth. The expenditure during the preceding year, specifying: The amount of losses paid during the year, stating how much of the same accrued prior and how much subsequent to the date of the preceding statement, and the amount at which losses were estimated in such preceding statement. Requirements of companies of other states. 2. The amount of dividends paid during the year. 3. The amount of expenses paid during the year, including commissions and fees to agents and officers of the company. 4. The amount paid for taxes. 5. The amount of all payments and expenditures. 6. The amount of scrip dividend declared. SECTION 9. (Sec. 3691-21). Any corporation, company or association organized under the laws of any other state of the United States or of a foreign government to transact a like business as that provided for in this act, may be admitted and licensed to do business in this state; but as a condition precedent to being admitted to, and transacting business in this state, shall comply with the following conditions, to-wit: Deposit with the superintendent of insurance (1) a certified copy of its charter or articles of incorporation; (2) if the applicant be a corporation, company or association organized under the laws of any other state of the United States, a certificate from the insurance commission, commissioner or superintendent of insurance of its own state showing its authority to do such business, also a certificate from said commissioner or superintendent or like authority of its own state, that corporations, companies or associations of this state engaged in a like business, are, upon complying with the laws of said state legally entitled to do business in such state; (3) a statement under oath of its president and secretary, or like officers, or of the general manager for the United States of a company organized under the laws of a foreign government, in the form provided for in this act of its business for the preceding year; (4) a copy of its policy, bond or guaranty, application and by-laws; (5) if the applicant be a corporation, company or association organized under the laws of any other state of the United States, a certificate from the insurance commissioner, superintendent of insurance or other proper officer of its own state, that such company has invested at least one hun-、 dred thousand dollars of its assets in the interest paying bonds or stocks of the United States or of this state, or of some other state of the United States, of the market value of one hundred thousand dollars in the city of New York, or in bonds and mortgages on unincumbered real estate in this state, or in the state under the laws of which it is organized, of at least double the value of the amount loaned thereon; that such securities are held under the laws of such state by such officer for the benefit of all its policy, bond or guaranty holders; and such certificate shall also state the character of the securities held by such officer and their value; (6) a duly certified copy of the resolution of its board of directors or authority, duly acknowledged before a notary public by the general manager for the United States of a company organized under the laws of a foreign government, appointing an attorney in this state upon whom service of summons or other process in all actions begun in this state may be made. |