hereafter be established, in this state; and any person so offending shall, upon conviction before any court or magistrate having jurisdiction, be fined any sum not exceeding twenty dollars and costs, or be imprisoned in the county jail for the period of ten days, or shall be subjected to both of said punishments, in the discretion of the court or magistrate. (1874, c. 34, 81.)

*§ 258. Trustees may appoint watchmen-their powers. That it shall be lawful for the trustees, directors, or other officers, of all organized cemeteries within this state, to appoint as many day and night watchmen of their grounds as they may deem expedient; and such watchmen, and also all their superintendents, gardeners and agents stationed on such grounds, are hereby authorized to take and subscribe before any mayor [or] justice of the peace, in the township where such cemeteries may be situate, an oath of office similar to the oath required by law of constables; and upon the taking of such oath, such watchmen, superintendents, gardeners and agents shall have, exercise and possess all the powers of police officers within and adjacent to said cemetery grounds; and they and each of them shall have power to arrest on view all persons engaged in violating the laws of this state in reference to the protection, care and preservation of cemeteries, and of the trees, shrubbery, structures and adornments therein, and to bring such persons so offending before a mayor or justice of the peace within such township, to be dealt with according to law. (Id. § 2.) § 259. (SEC. 109.) Property exempt from taxation and sale on execution. The cemetery lands and property of any association, formed pursuant to this title, are exempt from all public taxes and assessments, and not liable to be sold on execution, or applied in payment of debts of any individual proprietors; but the proprietors of lots in such cemetery, their heirs or legal representatives, may hold the same exempt therefrom, so long as the same remain appropriated to the use of a cemetery; and during that time no street or road shall be laid through such cemetery, or any part of the lands held by such association, for the purpose aforesaid, without the consent of the trustees of such association.

§ 260. (SEO 110.) Restrictions on alienation of lots and interments. Whenever the lands of any such association are laid out in lots, and such lots or any of them are transferred [to individual proprietors, and after there has been an interment in any lot so transferred], such lot, from the time of such interment, shall forever thereafter be inalienable, and shall, upon the death of the proprietor, descend to the heirs of such proprietor, forever; but any one or more of such heirs may release to any other of said heirs his interest in the same; a copy of such release shall be filed with the clerk of the town or village, or with the register of the city, or register of deeds of the county, within which the said cemetery is situated. The body of any deceased person shall not be interred in such lot, unless it is the body of a person having, at the time of such decease, an interest in such lot, or the relative of some person having such interest, or the wife of such person, or her relative, except by consent of all persons having an interest in such lot.

PRIVATE CEMETERIES.

§ 261. (SEC. 111.) Private cemeteries, how established. Any person desiring to establish a cemetery upon any lands owned by himself, shall cause the same to be surveyed, and a plat thereof made, which shall particularly describe and set forth all the streets, alleys, commons or public grounds, and all the blocks, lots or fractional lots within said cemetery, giving the names, width, extent and courses of all such streets and alleys, and the length and width of all said lots, and the number thereof, and the letters or numbers of all said blocks therein.

$262. (SEC. 112.) Stone to be fixed at corner of cemetery. The proprietor of such cemetery shall, at the time of the surveying thereof, plant and fix, at some corner thereof, a good and sufficient stone for a mark, from which said survey shall be

made; and the point where the same may be found shall be designated on said plat.

$263. (SEC. 113.) Plat to be certified and recorded. Said plat, after having been completed, shall be certified to by the surveyor, upon what lands the same is laid out, and the extent and boundaries thereof, and that the same is correct; which said certificate shall be indorsed upon said plat, and shall be recorded therewith, and form a part thereof; and said plat shall thereupon be recorded in the register of deeds' office, in the county wherein said lands are situate.

§ 264. (SEC. 114.) Effect of making and recording plat. When the plat of such cemetery has been made out, certified and recorded as required by this title, every donation or grant to the public, or to any religious society, or individual, of any lands in said cemetery, shall be deemed in law and equity a conveyance of all such lands, subject to such conditions and restrictions as may be inserted in or annexed to the conveyance. Every conveyance of any such lots shall be expressly for burial purposes, and no other; and the lands intended to be used for, and designated on said plat for, streets, alleys, ways, commons, or other public uses, in any such cemetery, shall be held by such owner in trust to and for the uses and purposes set forth and intended in and by said plat. (As amended 1868, c. 21, §1.)

$265. (SEC. 115,) Exemption from taxation and sale on execution-streets, etc. All land surveyed, and laid out, and dedicated as aforesaid, under the provisions of this title, not exceeding, however, eighty acres, shall be exempt from public taxes and assessments, and shall not be liable to levy and sale upon execution, or to be applied in payment of the debts of any such owner thereof, so long as the same remains appropriated to the use of a cemetery; and no street or road shall be laid through such cemetery without the consent of the owner thereof.. $266. (SEC. 116.) District court may vacate cemeteries, etc. The district courts are authorized and empowered, upon the application of the owners or proprietors of any cemetery within the proper county, to alter and vacate the same, and the alleys, streets, lots and blocks, any or either thereof, and the plat thereof, upon the like notice, and in the like manner, and shall require the like proof, and shall make the like order thereon, as is required by law in relation to town plats.

TITLE 6.

INSURANCE COMPANIES.*

*$267. Object of this act-rule for construing it. The object of this act is to revise simplify and amend the laws of this state in relation to insurance, with due regard to the legislation of other states, so as to secure mutual harmony in the promotion of the public interest, to define the relation of the state to companies and individuals, to insure the stability of companies, to protect the interests of the assured, and to encourage the employment of capital; and its provisions are to be construed liberally in furtherance of the protection of the insured, and so far as may be in harmony with the construction which may be given by the courts of other states adopting a like act. (1872, c. 1, tit. 1, § 1.)

*$268. Construction of certain words. The words, "the substantial provisions of this act shall be enacted," shall be construed to mean the provisions of this act which define the right to do insurance business, and provide for the stability of companies, and the protection of the insured; and differences in respect to the organization of the insurance department, the constitution of companies, or the form of judicial remedies, shall not be deemed to impair the uniformity which this act is intended to secure. (Id. § 2.)

*An act to establish a reciprocal general insurance law for the state of Minnesota, and to revise and amend the laws of said state, relating to home and foreign insurance companies. Approved Feb. 29. 1872, (Laws 1872, c, 1.)

*§ 269. Retaliatory taxes, etc., on foreign companies. When, by the laws of any other state or nation, any taxes, fines, penalties, licenses, fees, deposits of money, or of securities, or other obligations or prohibitions, are imposed on insurance companies of this state doing business in such other state or nation, or upon their agents therein, so long as such laws continue in force, the same obligations and prohibitions, of whatever kind, shall be imposed upon all insurance companies of such other stat or nation doing business in this state, and upon their agents here. (1872, c. 1, tit. 1, § 3.)

*$270. The term "company" defined. The term "company," as used in any provision of this act subjecting companies to any obligation or restriction, includes individuals, partnerships, joint-stock associations, and corporations. (Id. § 4.)

*§ 271. “American company" defined. The term "American company, as used in this act, designates a company which exists by the laws of any state or territory of the United States, or by any law of the United States. All others are designated as foreign. (Id. § 5.)

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*$ 272. Company of a state, territory or nation" defined. The expression 'company of a state, territory or nation," as used in this act, means a company incorporated by or organized under the laws of such state, territory or nation. (Id. § 6.) *§ 273. "Commissioner " defined. The word "commissioner" designates the officer, by whatever name called, who is charged for the time being with the duties of commissioner of insurance. (Id. § 7.)

*$274. "Oath" defined. The term "oath," in this act, includes affirmations.

"Directors" defined. The term "directors," in this act, designates the trustees, managers or officers constituting the executive board of a company. Directors are included in the term "officers," unless a contrary intention appears.

Agent" defined. The term "agent" or "agents," in this act, includes an acknowledged agent, surveyor, and all other persons who shall in any manner, directly or indirectly, aid in transacting the business of insurance.

Construction of powers of agent. Nothing contained in this act shall be construed to imply that an agent has any power to bind a company, not expressly or by necessary implication given him by the company. (Id.' § 8.)

INSURANCE COMMISSIONER.

*§ 275. Insurance commissioner-appointment-term of office. It shall be the duty of the governor, by and with the advice and consent of the senate, to appoint one competent person, a resident and citizen of the state, and with the other qualifications hereinafter provided, who shall be styled the insurance commissioner, who shall be sworn in the manner provided by law for other state officers. He shall hold his office for two years, and execute the duties thereof, as herein provided, until his successor is appointed and qualified; and in case of a vacancy by death, removal, resignation, or otherwise, the governor shall fill the same by appointment.

Disability to hold office-bond. No person, who is a director, officer, agent, attorney, or stockholder of, or directly or indirectly interested in, any insurance company, except as insured, shall be commissioner; and no officer or agent of any insurance company doing business in this state shall be deputed to examine the affairs of a company under this act. The said commissioner shall keep his office at the capital of the state, and shall give bonds in the sum of $5,000, with two sureties to be approved by the governor, for the faithful discharge of his duties. (1872, c. 1, tit. 2, § 1.)

*§ 276. Salary, how paid-penalty for receiving other pay. Said commissioner shall be entitled to a salary of two thousand dollars per annum, which shall include and cover postage, stationery, and all other office expenses: provided, that said salary or expenses shall in no event be a charge upon the state treasury, over and above the fees and license receipts paid into the same by said commissioner. All necessary blanks, forms and circulars, together with such pamphlet copies of the insurance law as may be required for distribution

among persons affected by the provisions of this act, shall be furnished at the expense of the state. And if the said commissioner shall directly or indirectly receive any compensation or pay for any service or extra service, or for neglect or omission of service, other than is provided in this act, he shall be deemed guilty of a felony, and, on conviction thereof, shall be subject to a fine not exceeding five thousand dollars, or imprisonment in the state prison for a term not exceeding five years, or both, in the discretion of the court. (1872, c. 1, tit. 2, § 2, as amended 1873, c. 16, § 2.)

*S 277. Employment and salary of clerk. The insurance commissioner is hereby empow ered to employ, in his office, a clerk, who shall receive for his services one thousand dollars per annum, to be paid out of the state treasury as other clerks of the state department are paid. (1875, c. 104, § 1.) See ante, c. 7, § 1.

*§ 278. Duties of commissioner. It shall be the duty of such insurance commissioner: 1. Execution of laws. To see that all laws of this state respecting insurance companies are faithfully executed.

2. Filing of papers-copies. To file in his office every charter or declaration of organization of a company, with the certificate of the attorney general; and, on application of the corporators, to furnish to them a certified copy thereof.

3. To calculate value of life policies. He shall, as soon as practicable, in each year following the passage of this act, calculate or cause to be calculated, in his office, by officers or employes of his department, [or bureau,] the net value, on the 31st day of December of the previous year, of all the policies in force on that day, in each lite-insurance company doing business in this state, organized by authority of this state, and every other life-insurance company doing business in this state, that shall fail to furnish him, as hereinafter provided, a certificate of the insurance commissioner of the state by whose authority the company was organized, or by the state in which it may elect to have its policies valued and its deposits made, in case the company is chartered by the government of the United States, giving the net values of all policies in force in the company on the 31st day of December of the preceding year.

4. Basis of such calculations. Calculations of the net value of each policy must be based upon the American Experience Table of Mortality, and 4 per cent. interest per annum. And the net value of a policy at any time shall be taken to be the net single premium which will at that time effect the insurance, less the value at that time of the future net premiums called for by the table of mortality, and rate of interest designated above. (As amended 1876, c. 21, § 1.)

5. To proceed against unsafe life companies. In case it is found that any life-insurance company doing business in this state has not on hand the net value of all its policies in force, after all other debts of the company and claims against it, exclusive of capital stock, have been provided for, it shall be the duty of the insurance commissioner to publish the fact that the then existing condition of the affairs of the company is below the standard of legal safety established by this state; and he shall require the company at once to cease doing new business; and he shall immediately institute proceedings, as required in this act, to determine what further shall be done in the case.

6. To see that assets of life companies are sufficient. It is hereby made the duty of the insurance commissioner, after having determined as above the amount of the net value of all the policies in force, and added thereto the amount of all other debts and claims against the company, exclusive of its capital stock, to see that the sum of all liabilities so ascertained, is fully equalled by the total of admitted assets of such company, comprising its real estate, premiums, loans, and notes, cash on hand, rents, and other convertible property, together with the safe legal securities of the description and character hereafter provided in this act. As amended 1873, c. 16. § 1.)

7. To accept valuations of other insurance commissioners, when. He shall accept the valuations made by the insurance commissioner of the state under whose authority a life-insurance company was organized, when such valuations have

been properly made on sound and recognized principles and legal basis as above: provided, the company shall furnish to the insurance commissioner of this state, a certificate from the insurance commissioner of such state, setting forth the value, calculated on the data designated above, of all the policies in force in the company on the previous thirty-first day of December; and stating that, after all other debts of the company, and claims against it at that time, were provided for, the company had, in safe securities of the character specified in this act, an amount equal to the net value of all its policies in force; and that said company is entitled to do business in its own state.

8. Failure of company to furnish certificate. Every life insurance company doing business in this state during the year for which the statement is made, that fails promptly to furnish the certificate aforesaid, shall be required to make full detailed lists of policies and securities to the insurance commissioner of this state, and shall be liable for all charges and expenses consequent upon not having furnished said certificate.

9. To calculate reinsurance reserves for fire companies. For every company doing fireinsurance business in this state, he shall calculate the reinsurance reserve for unexpired fire risks, by taking fifty per cent. of the premiums received on all unexpired risks that have less than one year to run, and a pro rata of all premiums received on risks that have more than one year to run: provided, that when the reinsurance reserve, calculated as above, is less than forty per cent. of all the premiums received during the year, the reinsurance reserve in this case shall be the whole of the premiums received on all its unexpired risks.

10. Marine and inland insurance-reinsurance reserve. In marine and inland insurance, he shall charge all the premiums received on unexpired risks as a reinsurance

reserve.

11. To proceed against company whose capital is impaired. Having charged against a company the reinsurance reserve, as above determined, for fire, inland and marine insurance, and adding thereto all other debts and claims against the company, he shall, in case he finds the capital stock of the company impaired to the extent of ten per cent., give notice to the company to make good its whole capital stock within sixty days; and if this is not done, he shall require the company to cease to do new business within this state, and shall thereupon, in case the company is organized under the authority of this state, immediately institute legal proceedings, as required in this act, to determine what further shall be done in the case.

Company to make good its capital. Any company receiving the aforesaid notice of the commissioner to make good its whole capital stock within sixty days, shall forthwith call upon its stockholders for such amounts as will make its capital equal to the amount fixed by the charter of said company; and in case any stockholder of such company shall neglect or refuse to pay the amount so called for, after notice personally given, or by advertisement, in such time and manner as the said commissioner shall approve, it shall be lawful for the said company to require the return of the original certificate of stock held by such stockholder, and in lieu thereof to issue new certificates for such number of shares as the said stockholder may be entitled to, in the proportion that the ascertained value of the funds of the said company may be found to bear to the original capital of the said company; the value of such shares for which new certificates shall be issued to be ascertained under the direction of the said commissioner, and the company paying for the fractional parts of shares; and it shall be lawful for the directors of such comapny to create new stock and dispose of the same, and to issue new certificates therefor, to any amount sufficient to make up the original capital of the company.

When capital stock may be reduced. Whenever the capital stock of any joint-stock fire or marine insurance company of this state becomes impaired, the commissioner may, in his discretion, permit the said company to reduce its capital stock and