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safe keeping thereof, and for the meetings of fire companies; but no property shall be exempt from taxation which shall have been purchased or procured for the purpose of evading taxation, whether temporarily holding the same over the first day of the assessment year or otherwise, whether same be in this state or elsewhere; provided, however, that the property, both real and personal, whcih is exempt from taxation by this section shall be entered upon the assessors' books, together with the true and actual value thereof, but no taxes shall be levied upon the same or extended upon the assessors' books.

CHAPTER 76.

(Senate Bill No. 20.)

AN ACT to give force and effect to title to land or any interest in land in the state of West Virginia which has been heretofore or shall hereafer be sold or partitioned or disposed of under judicial proceedings.

[Passed February 9, 1907. In effect ninety days from passage. Governor, February 21, 1907.]

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Approved by the

be made by commissioners, etc., presumption in absence of evidence to contrary.

Court of United States deemed court of state within which held. Act not to apply to any order, etc., herein before or hereafter introduced in evidence in action, etc., now pending.

Be it enacted by the Legislature of West Virginia:

Sec. 1. That when land or any interest in land in this state has heretofore been sold, partitioned or disposed of prior to the forma tion of this state, under the order, judgment or decree of any court of competent jurisdiction of the state of Virginia, or has heretofore been or shall hereafter be sold, partitioned or disposed of under the order, judgment or decree of any court of competent jurisdiction of this state, it shall be presumed, in the absence of evidence to the contrary, that every such court obtained due jurisdiction in the cause by the institution of all proper proceedings and by the service or execution of proper process over any and all persons whose names appear in any part of the record of the cause

as persons embraced therein or against whom the court proceeded, and this presumption shall apply to any person or persons named by the designation of child, children, heir-at-law, heirs-at-law, devisee, devisees, or other sufficient designation or classification from which it can be shown by the record or otherwise the person or persons included therein or intended thereby.

Sec. 2. That when any deed has heretofore been made prior to the formation of this state for land or any interest in land therein, which purports on its face to be made under judicial proceedings of a court of the state of Virginia by a commissioner, special commissioner, guardian or other person, or when any deed has heretofore been made or shall hereafter be made for land or any interest in land in this state which purports on its face to be made by a commissioner, special commissioner, guardian or other person under the judicial proceedinge of a court of this state, then in every such case it shall be presumed, in the absence of evidence to the contrary, that the person executing such deed was authorized by the court to convey the land or interest therein which is conveyed by such deed, and if any such deed was duly, or shall hereafter be duly admitted to record in any county, and not less than ten years shall have elapsed after such record thereof, it shall be presumed, in the absence of evidence to the contrary, that the title of all persons which said deed professes to convey, under such judicial proceedings, did in fact pass by such deed.

Sec. 3. For the purpose of this act a court of the United States shall be deemed a court of the state within which it has been or may be held.

Sec. 4. This act shall not apply to any order, judgment, decree or deed herein before mentioned which has been or may hereafter be offered or introduced in evidence in any action, suit or proceeding now pending in any court of this state; and this act shall not permit any such order, judgment, decree or deed to be evidence in any action, suit or proceeding now pending in any court of this state, which would not have been evidence had this act never been passed.

CHAPTER 77.

(Senate Bill No. 94.)

AN ACT to revise, amend and re-enact chapter thirty-four of the code of West Virginia.

[Passed February 14, 1907. In effect ninety days from passage. Approved by the Governor, February 25, 1907.]

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Provisions governing mutual life insurance companies.

Misrepresentation of terms of policies, etc., prohibited.

Fire and marine insurance companies to make report to insurance commissioner; what report to contain.

When fire and marine insurance companies may transact business in this state; certificate to be issued. Commissioner may inquire into financial condition of company. When fire and marine insurance companies located in other states may transact business in this state.

Provisions governing investigation into affairs of company.

Fire insurance company may make insurance against wind,

etc.

Fire insurance companies of foreign countries: requirements before doing business in this state. No insurance company to limit time within which suit may be brought to less than one year. Duty of insurance commissioner if he finds company not incorporated in this state to be in unsound condition.

Acecunts of receivers of insolvent companies to be submitted to commissioner before presented to

court.

Receivers to make report to commissioner annually.

No person to act as agent until he has complied with laws of this state.

Agent of company of other state or foreign countries which has not been permitted to transact business in state personally liable upon contracts.

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report to contain; license tax. Cancellation of fire insurance policies; notice given to insured. Laws of state of New York, regarding fire insurance issued, to be applicable to insurance issued in this state, with changes deemed proper by commissioner. No conditions valid unless stated in policy or attached thereto. Mutual companies shall cause to appear in body of policy the total amount for which assured may be liable. Assessor's duty as to transmission of list of companies doing business within his district. Papers required to be deposited with commissioner shall be received as evidence in courts. License tax paid by foreign insur

ance companies; rate of tax. Duties of secretary of state as to issuance of certificate of incorporation.

Fire and marine insurance companies to furnish statement in connection with report; what statement to contain.

Word "company" defined; inconsistent acts repealed.

Be it enacted by the Legislature of West Virginia:

That chapter thirty-four of the code of West Virginia be revised, amended and re-enacted so as to read as follows:

Sec. 1. The auditor of this state is hereby made and shall be the insurance commissioner of this state; he shall be repaid his actual disbursements for traveling expenses, not exceding one thousand dollars in any one year, an itemized account of which shall be filed with the board of public works and be audited by it before payment thereof; he shall be provided with furniture, clerical assistance and actuaries and other help as shall be necessary; such clerical assistance and actuaries to be appointed by the auditor and their compensation fixed by him and paid by the auditor's warrant drawn on the treasurer.

Sec. 2. The commissioner shall see that all laws respecting insurance companies are faithfully executed; may employ clerical aid; shall furnish to each insurance company doing business in this state printed forms of the statements required by law; shall on or before the tenth of each month pay into the state treasury all the fees which he may have received during the month previous, and may administer oaths in the discharge of his duties; he shall report to the governor changes which in his opinion, should be made. in the laws relating to insurance.

Sec. 3. The insurance commissioner may from time to time examine the methods of business of any company, corporation, association, partnership, or combination of persons doing any kind or form of insurance business in this state, and may require them to answer such questions as he may think necessary for the purpose of such inquiry; and if in his opinion, any such company, corporation, association, partnership or combination of persons is doing business in an illegal, improper or unjust manner, or failng to adjust and pay losses and obligations when they become due, excepting claims to which there is a substantial defense, he may order it to discontinue such illegal or improper method of doing business and may order it to adjust and pay its losses and obligations as they become due.

Sec. 4. If any such company, corporation, association, partnership, or combination of persons shall fail within ten days to obey any such order of the commissioner, he may apply to a court or judge having jurisdiction for an injunction or for the appointment of a receiver, or for both, and such court or judge may enforce such order of the commissioner by injunction, or by appointing a receiver to take charge of the property and affairs of such company, corporation, association, partnership or combination of persons, or both; and may make all such further orders as may be necessary or proper to carry into effect such an injunction and receivership.

Sec. 5. The commissioner shall demand and receive the following fees from all insurance companies :--for annual fee for each lincese, ten dollars; for receiving and filing annual reports, ten dollars; for valuation of policies of life insurance companies organized under the laws of this state, one cent for each one thousand dollars of insurance; for valuation of policies of life insurance companies organized under the laws of any other state admitted to transact business in this state, such rate for each one thousand dollars of insurance valued as is imposed by such other state upon any similar insurance company organized under the laws of this state admitted to transact business in such other state; for filing any additional paper required by law, twenty-five cents; for every certificate of valuation, copy of report of certificate of condition of company to be filed in any other state, five dollars; for each agent's certificate of authority and copy of report, five dollars.

Sec. 6. The commissioner shall annually submit to the governor a report of his official acts, and condition of insurance companies

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