CHAPTER CCLXXXIII. An act relating to Public Health. quire into condition and laws 1. BE IT ENACTED by the Senate and General Assembly of the CommisState of New Jersey, That James R. Mercein, Samuel Lilly, sion to enGeorge II. Cook, William Elmer, Jr., Edward W. Hunt, Lew- sanitary is Oakley and Richard M. Cooper, be and are hereby ap- of the State pointed a sanitary commission for the purposes herein spec- necessary ified, viz: to examine into the present sanitary needs of this for prevenstate; into any deficiencies in existing laws, as to the secure- ease. ment of vital statistics, the abatement of nuisances or whatever concerns the prevention or mitigation of disease, and also to report such form of general state law as to health, as may seem to them desirable. tion of dis To report to 2. And be it enacted, That the commission be instructed through a secretary appointed from one of their number, to Governor. inquire into the present construction of health boards and as to local health laws so as to know what general legisla tion may be needed; this commission shall report to the governor on or before the first of December next ensuing; Expenses the expenses of said eommission shall not exceed one hund. to be paid. red dollars. Approved March 19, 1874. CHAPTER CCLXXXIV. A further supplement to an act entitled "An act concerning the Proper 1. BE IT ENACTED by the Senate and General Assembly of the Chancellor State of New Jersey, That whenever the lands or real estate may order of any idiot or lunatic shall be, or hath heretofore been sold, ty in this pursuant to the provisions of the act entitled, " a supple- non-res! State of dent idiot to be delivered to a non-resi dian giving suficient bonds. ment to an act entitled, An act concerning idiots and lunatics," which supplement was approved the twenty-sixth dent guar- day of February, one thousand eight hundred and fifty-two; or whenever any idiot or lunatic may be entitled to property of any description in this state, and such idiot or lunatic shall be a non-resident, and shall have a guardian or committee in the state or place of his or her residence, and such non-resident guardian shall produce an exemplification from under the seal of the office, (if there be a seal), of the court in the state or place of his residence, containing all the entries on record in relation to his appointment and giving bond, and authenticated as required by the act of congress in such cases; the chancellor, or the ordinary, or orphans' court of the proper county in this state, may cause suitable orders to be made, authorizing the delivery and passing over the proceeds of any such sale, or any property in this state to which such idiot or lunatic may be entitled, to such nonresident guardian or committee, and discharging any resident guardian, executor, administrator, or trustee, and requiring receipts to be passed and recorded, if deemed advisable; provided, that thirty days' notice shall be given to the resident guardian, executor, administrator, or trustee, of the intended application for the order of removal, unless it shall appear to the court that such notice has been waived, Chancellor and the court may reject the application and refuse such order, whenever it is satisfied that it is for the interest of such idiot or lunatic, that such removal shall not take place. 2. And be it enacted, That the chancellor, in case of not being satisfied with the proof of security given by any such quired by non-resident guardian or committee, in respect of the property of any such non-resident idiot or lunatic ward, may require additional security to be given in this state, and make, such order in respect thereof, as may to him seem meet and right. Notice to be given to resident guardian. may refuse o order transfer. Additional security may be re the chancellor. 3. And be it enacted, That this act shall take effect immediately. Approved March 19, 1874. CHAPTER CCLXXXV. A further supplement to an act entitled "An Act to regulate the business of Fire, Life, Accident, Marine and Live Stock Insurance, by Companies or Associations not incorporated by this State," approved April ninth, one thousand eight hundred and sixty-seven. ted or doing shall file of its con furnish 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That every fire, life, accident, ma- incorporarine or other insurance company incorporated or doing bus- business in iness, or which may be hereafter authorized to do business this state under the laws of this state shall, during the month of April statement next, and annually thereafter during the month of January, dition. file in the department of state of this state a statement exhibiting its condition on the thirty-first day of December next preceding, as now required of insurance companies of other states and nations doing business in this state; and for this purpose it shall be the duty of the secretary of state to Secretary furnish blank forms for statements, the same as now in use, of state to which forms may by him be from time to time changed, as blanks for may be requisite to secure full information as to the stand. reports. ing and condition of such insurance companies; provided, Mutual that the statements required of purely mutual companies companies taking notes in whole or in part for premiums, which notes form as reare liable to assessments, shall be in such form as the secre- quired by .tary of state may prescribe, adapted to the use of such state. companies; any insurance company failing to make and file. such statement for the space of thirty days from the time Penalty of above fixed for such filing, or to reply in writing to any in- month for quiry made by the secretary of state touching the same, report. within twenty days, shall be subject to a penalty of five hundred dollars, and a like penalty for every month that such company shall continue thereafter to transact any business of insurance without filing such statement, to be sued To be sued for and recovered in the name and for the benefit of the for by attor state by the attorney general, on notice from the secretary to report in secretary of $500 each failure to Ney general Secretary of state to exa nine into condi insurance companies. than one tion at request of policy holders or credi year. to exhibit 2. And be it enacted, That it shall be the duty of the secretary of state, whenever he shall deem it expedient, or at tion of fire the request of such company, or like request in writing by three or more policy holders therein, or creditors thereof, himself, or by such person or persons as he may designate, to examine into the affairs of any fire insurance company organized under the laws of, or by its agents doing business Not more in this state; provided, that not more than one examination examina- shall be made at the request of policy-holders or creditors in any one year; and it shall be the duty of the officers or agents of any such company doing business in this tors in same state to exhibit all its books, records and accounts for the Officers of purpose of such examination, and otherwise to facilitate the companies same so far as it may be in their power to do, and for that books, &c., purpose the secretary of state or his representatives shall and aid in have power to examine, under oath, the officers and agents tion. of any company relative to the business and affairs of such be adminis- company; and whenever the secretary of state shall deem tered. if necessary to the public good he shall publish the result examina of such examination in two newspapers published in the published. city of Trenton, and two published in the county where the company is located; and whenever it shall appear as the result of such examination that the assets of any fire insurance company organized under the laws of this state, after New Jersey charging it with an amount requisite for the re-insurance of all its outstanding risks and with its other proper liabilities, they shall excepting capital stock paid in, amount to less than threebe required fourths of such capital, if it be a joint stock capital company, or deficiency." in the case of mutual companies, if the assets, less unsettled examina Oaths may Result of tion to be When exhibit of companies not satis factory to make up to comply attorney general shall apply lor to re claims and other actual liabilities, amount to less than threefourths of the sum requisite for reinsurance, then he shall call upon said company to make up such deficiency within such On failure reasonable time as he shall fix, and on failure to comply with such requisition he shall communicate the fact to the attorney general, whose duty it shall then become to apply to chancel- forthwith to the chancellor for an order to show cause why strain com- an injunction should not issue restraining them from doing pany from further business, and the chancellor shall thereupon prother busi- ceed to hear the allegations and proots of the respective Chancellor parties; and in case it shall appear to his satisfaction that solve com- the assets and funds of said company are not sufficient as pany if ex- aforesaid, or that the interests of the people so require, the unsatisfac- chancellor shall decree a dissolution of said company and a doing fur ness. may dis amination tory. may refer distribution of its effects; the chancellor shall have power Chancellor to refer the application of the attorney general to a master, matters to to inquire into and report upon the facts alleged. a master. of foreign not satis shall be re shall be published; 3. And be it enacted, That whenever it shall appear to the If exhibit secretary of state as the result of examination as provided companies in this act, that the affairs of any company not incorporated factory, by this state, and doing business herein, are in an unsound certineates condition, estimated in the same manner prescribed in the voked. preceding sections, he shall revoke the certificates granted to such company and its agents, and shall cause a notification thereof to be published at least six times in two newspa- Revocation pers published in the cities of Trenton and Newark respectively, and all agents of such company, after the first publication of such notice, shall be required to discontinue the after which issuing of new policies or the renewing of any previously no business issued, and any agent who shall make, issue or deliver any transacted, policy, or the renewal of any policy of insurance, or collect alty. or receive any premium of insurance, or in any way transact any business of insurance on behalf of any such company, shall be liable to the same penalties, to be recovered in like manner as prescribed in the act to which this is a supplement. be under pen life insur panies. Company assets will risk anl 4. And be it enacted, That the provisions of the forego- This act to ing sections, so far as may be, shall be held to apply to life apply to insurance companies of this state, or of other states and ance comgovernments doing business in this state, and such companies shall be subject to the same examinations, liabilities and requirements as by such sections imposed upon fire insurance companies, and the same duties are imposed upon the secretary of state, the attorney general and the chancel shall not be lor; provided, that injunction shall issue only when it shall dissolved if appear by examination that the assets of any life insurance re-insure company as aforesaid, are not sufficient to re-insure its out- pay liabilstanding risks and discharge its total actual liabilities; the actual expenses of all examinations made under authority Expenses to of this act shall be paid by the companies examined. 5. And be it enacted, That the secretary of state shall be, by virtue of his office, commissioner of insurance, and it shall be his duty to make annual report to the legislature. Soner of containing a summary of the statement of every insurance insurance company filed in his office as required by law, together with report to such facts and information touching the same as may be in the legislahis possession, which report shall be published as are other ities. be paid by companies. Secretary of state shall be commis and shall ture. |