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CH. 17]

LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

(33d) general assembly, be and the same is hereby repealed, and the following enacted in lieu thereof:

"SEC. 2. List to be made biennially. At the time of holding the general election in A. D. 1912, and biennially thereafter, lists shall be made from which to select persons to serve as grand and petit jurors and talesmen for the biennial period commencing with the first day of January next thereafter, as follows: One hundred fifty (150) persons in each county from which to select grand jurors; the number equal to one-fourth (14) of the whole number of qualified electors in said county, who voted in the last preceding general election as shown by the poll books of said election, from which to select petit jurors; and the number equal to thirty per cent (30%) of the whole number of qualified electors, who voted at the last preceding general election, as shown by the poll books of said election, in the city or town in which the district court is held and the township, or townships, in which said city or town is located, from which to select talesmen; provided however, that in no case shall such list for talesmen contain more than six hundred (600) names.

"SEC. 3. Talesmen list-how made. The talesmen list shall be made from names of persons who reside in the city or town in which the district court is held and the township or townships in which said city or town is located.

"SEC. 4. How selected in counties holding court in more than one place. In counties where court is held in more than one place, the persons shall be selected from the qualified electors of the separate divisions of the county, giving to each division the number of grand jurors and petit jurors and talesmen to which it would be entitled, if it were a separate county.

"SEC. 5. Length of service. No person on the list of grand jurors shall be eligible to serve as a grand juror except for one calendar year of the biennial period for which the list is made, and no person on the list of petit jurors shall be eligible to serve as a juror at more than one term of court during such biennial period.

"SEC. 6. Validity of 1910 jury list not affected. Nothing herein shall be construed to affect the validity of the jury list, made at the time of holding the general election in A. D. 1910 in accordance with the provisions of chapter twenty (20) of the acts of the thirty-third (33d) general assembly for the biennial period commencing January 1st, 1911.”

Approved April 15, A. D. 1911.

LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

[CH. 18

CHAPTER 18.

INSURANCE.

H. F. 506.

AN ACT to amend the law as it appears in sections three hundred sixty (360), seventeen hundred ten (1710), seventeen hundred eleven (1711), seventeen hundred twenty-one (1721), seventeen hundred twenty-eight (1728), seventeen hundred fortyfive (1745), seventeen hundred eighty-seven (1787), seventeen hundred ninety-eight (1798) of the code, and to amend the law as it appears in sections thirteen hundred thirty-three (1333), seventeen hundred nine (1709) (division 1), seventeen hundred fifty-eight-b (1758-b), seventeen hundred eighty-two (1782), seventeen hundred fiftynine-b (1759-b), seventeen hundred fifty-nine-f (1759-f), seventeen hundred ninetyeight-a (1798-a), seventeen hundred ninety-eight-b (1798-b), eighteen hundred thirtynine-j (1839-j), of the supplement to the code, 1907, and to amend the law as it appears in section seven (7), chapter one hundred five (105), and section one (1) of chapter one hundred eleven (111) of the acts of the thirty-third general assembly; and to enact a section as section eighteen hundred twenty-d (1820-d) to chapter eight (8), title nine (9) of the code, all relating to insurance.

Be it Enacted by the General Assembly of the State of Iowa:

SECTION 1. Surety company may exceed ten per cent if excess is reinsured. That the law as it appears in section three hundred sixty (360) of the code is amended by striking out the period (.) at the end of section one (1) and substituting a comma (,) therefor, and by adding to said section the following:

"Authorized to do business in the state and in no case to exceed ten per cent of the capital of the reinsuring company and provided that a certificate of such reinsurance shall be furnished to the insured."

SEC. 2. Tax on premium receipts. That the law as it appears in section thirteen hundred thirty-three (1333) of the supplement to the code, 1907, is amended by inserting in line 8 [9], between the words, "it" and "for,' the words "or its agents, in cash, promissory obligation or other form of settlement".

SEC. 3. Investment of funds made compulsory. That the law as it appears in section one of chapter one hundred eleven (sec. 1, chap. 111) of the acts of the thirty-third general assembly, is amended by striking from line four the word "may" and inserting in lieu thereof the word "shall".

SEC. 4. Insurance against loss of rents. That the law as it appears in section seventeen hundred nine (1709) (division one) of the supplement to the code, 1907, is amended by adding the words "and insure against loss of rents or use of buildings, when such loss or use is caused by fire, lightning, wind-storms, cyclones or tornadoes."

SEC. 5. Reinsurance must be in authorized companies. That the law as it appears in section seventeen hundred eleven (1711) of the code, is amended by inserting in line two thereof immediately following the word insured. the following: "In companies only [,] authorized to do business in this state". SEC. 6. Capital and surplus of health and accident companies. That the law as it appears in section seventeen hundred twenty-one (1721) of the code is amended by striking out all following the word "dollars" in the twelfth line of said section, and inserting in lieu thereof the following:

"But such companies organized to insure the health of persons and against personal injuries, disablement or death resulting from traveling or general accidents by land or water, having an actual paid-up capital of one hundred thousand ($100,000.00) dollars and surplus to be approved by the auditor of state, exclusive of any assets deposited in other states and territories for the

CH. 18]

LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

special benefit or security of the insured therein, shall be deemed sufficient, within the meaning of this section."

SEC. 7. Cancellation made by company. That the law as it appears in section seventeen hundred twenty-eight (1728) of the code is amended by adding to the section immediately following the last line the following:

"The policy may be cancelled by the insurance company by giving five days' notice of such cancellation, in which event it may retain only the prorata premium."

SEC. 8. Approval of policy forms and permits. That the law as it appears in section seventeen hundred forty-five (1745) of the code is amended by striking out the first two lines and that part of line three down to and including the word "and" and by substituting the following in lieu thereof: "The form of all policies or permits issued or proposed to be issued by any insurance company doing business in this state under the provisions of this chapter, shall first be examined and approved by the auditor of state,".

SEC. 9. Twenty-five pounds of gunpowder may be kept. That the law as it appears in section seventeen hundred fifty-eight-b (1758-b) of supplement to the code, 1907, sub-division V (e), is amended by striking out the comma immediately following the word "gun-powder".

SEC. 10. Standard fire policy-lines numbered. That section seventeen hundred fifty-eight-b (1758-b) of supplement to the code, 1907, is amended by striking out the words: "Double column form with numbered lines" from the third and fourth lines of said section, and inserting in lieu thereof the words: "uniform numbered lines, as adopted and approved by the auditor of state".

:

That the

SEC. 11. Words "mutual" and "association" part of name. law as it appears in section seventeen hundred fifty-nine-b (1759-b) of the supplement to the code, 1907, is amended by striking [out] the period following the last word and by adding thereto the following: "and the two words 'mutual' and 'association' shall be incorporated into and become a part of their name."

SEC. 12. Term of agents license defined. That the law as it appears in section seventeen hundred fifty-nine-f (1759-f) of the supplement to the code, 1907, is amended by striking from line four the words "of the year".

SEC. 13. Discrimination by casualty companies prohibited. That the law as it appears in section seventeen hundred eighty-two (1782) of the supplement to the code, 1907, is amended by inserting in line one, between the words "life" and "insurance" the following: "Or casualty, health or accident".

SEC. 14. Approval of assessment life policy forms. That the law as it appears in section seventeen hundred eighty-seven (1787) of the code is amended by adding thereto the following: "Its policy forms shall be approved, as provided by section seventeen hundred eighty-three-a (1783-a) of the supplement to the code, 1907.''

SEC. 15. Service of process upon foreign benevolent societies. That the law as it appears in section seventeen hundred ninety-eight (1798) of the code is amended by adding the following to the last line thereof:

"Provided that if organized under the laws of another state or country, they shall file with the auditor of state an agreement in writing authorizing service or notice of process to be made upon the said auditor of state, and when so made shall be as valid and binding as if served upon the association within this state."

LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

[CH. 18

SEC. 16. Future organization of health or accident associations prohibited. That the law as it appears in section seventeen hundred ninety-eight-a (1798-a) of the supplement to the code, 1907, is amended by inserting after the word "life" in line one the words: "health or accident"; also by inserting in line six between the words "which" and "shall" the following words: "if a life insurance company or association".

SEC. 17. Health and accident associations may become stock companies. That the law as it appears in section seventeen hundred ninety-eight-b (1798-b), supplement to the code, 1907, is amended by adding to the last line thereof the following:

"Provided that accident or health associations may take advantage of all the provisions of this section, in so far as applicable, and may thereupon transform themselves into stock companies. But no such company or association shall reorganize under the provisions of this section unless it shall have accumulated sufficient surplus to constitute a reinsurance reserve equal to the unearned premium on all outstanding policies or certificates, as prescribed by the statutes of this state relating thereto."

Blank annual reports may be purchased. Section eighteen hundred twenty-d (1820-d). All reports contemplated under sections seventeen hundred fourteen (1714), seventeen hundred seventy-three (1773), seventeen hundred ninety (1790), seventeen hundred ninety-nine (1799) and eighteen hundred thirty (1830) of the code, and acts amendatory thereof may be upon forms furnished by the auditor of state, and who may, at his option upon authority of the executive council, purchase such forms as are approved by the national convention of insurance commissioners, known as convention edition.

SEC. 19. Valuation of fraternal certificates. That the law as it appears in section eighteen hundred thirty-nine-j (1839-j) of the supplement to the code, 1907, is amended by adding thereto, following the last line thereof, the following:

"The certificate written by any domestic fraternal beneficiary association operating under the provisions of the foregoing mortality table shall be valued in the same manner as provided in section seventeen hundred seventyfour (1774) of the code, except that such valuation shall be based upon the foregoing mortality table and four per cent interest."

SEC. 20. Insurance companies exempt from certain corporate provisions. That the law as it appears in section seven (7) of chapter one hundred five (105) of the acts of the thirty-third general assembly, is amended by adding to the last line thereof the following:

"Nor to insurance companies or associations who have paid the taxes provided in sections thirteen hundred thirty-three (1333) and thirteen hundred thirty-three-d (1333-d) of the supplement to the code, 1907, and received a certificate of authority from the state auditor."

SEC. 21. Bond reinsurance must be in authorized companies. That the law as it appears in section seventeen hundred ten (1710) of the code be amended by striking out the period (.) at the end of line six (6) and substituting a comma (,) therefor, and by adding the following: "authorized to do business in the state, provided that in no case the excess reinsured shall exceed ten per cent of the capital of the reinsuring company and provided further that a certificate of such reinsurance shall be furnished to the insured."

Approved May 5, A. D. 1911.

CH. 20]

LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

CHAPTER 19.

POWERS OF NOTARIES PUBLIC.

S. F. 22.

AN ACT to amend section three hundred seventy-seven (377) of the code, relating to the powers of notaries public.

Be it Enacted by the General Assembly of the State of Iowa:

SECTION 1. Powers. Section three hundred seventy-seven (377) of the code is hereby amended by removing the period (.) at the end of said section, and then immediately after the last word in said section adding the following words, towit: "within the county of his appointment or in any adjoining county in which he has filed in the office of the clerk of the district court a certified copy of his certificate of appointment."

SEC. 2. In effect. This act being deemed of immediate importance shall take effect and be in force from and after its publication in the Register and Leader and the Des Moines Capital, newspapers published in the city of Des Moines, Iowa.

Approved April 3, A. D. 1911.

I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, April 4, 1911.

W. C. HAYWARD,
Secretary of State.

CHAPTER 20.

REMOVAL OF COUNTY SEATS AND THE COUNTY RECORDS.

H. F. 297.

AN ACT to amend the law as it appears in section four hundred (400) of the supplement to the code, 1907, and to amend section four hundred two (402) of the code relating to the removal of county seats and the county records.

Be it Enacted by the General Assembly of the State of Iowa:

SECTION 1. Petition for removal of county seat established forty years or more-how signed. That section four hundred (400) of the supplement to the code 1907 be, and the same is hereby amended as follows: strike out the period at the end of said section, insert a semi-colon therefor, and add thereafter these words:

"provided, however, where a county seat has been located continuously in one place for forty years or more, no order shall be made by the board that a vote shall be taken on the removal of such county seat unless onehalf of all legal voters of said county, according to the last state or federal census, have signed the petition, after deducting therefrom all the names that appear on both the petition and the remonstrance, and all other names not properly on the petition, and all names on said petition not placed thereon within sixty days next preceding the filing of the same shall be stricken therefrom, and provided further that the provisions hereof shall not be held to apply where the proposition is to relocate a county seat within the corporate limits of a city or town, where one is already located, and, provided further, that the provisions hereof shall not apply when the distance between the limits of the proposed county seat and the limits of the then existing county seat does not exceed one mile."

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