State Treasur

er to keep

moneys now

in Game and

payment of

salaries, etc.

shall come within the requirements provided for in Sections 10, 11, 13 and 14 of Senate Bill No. 30, approved February 21st, 1903, provided, however, that it shall be necessary only for one of the persons above named, with each and every hunting party, to have fulfilled the requirements of this Section.

Section 13.

The State Treasurer is hereby directed to keep all moneys now in the Fish and Game Fund and all moneys

Fish Fund for placed hereafter in such fund for the payment only of the salaries and other expenses incurred by the Game and Fish Warden's Department.

Repealing clause.

When act takes effect.

Became a law without ap

proval of the

Governor.

Section 14.

All Acts and parts of Acts in conflict with this Act or any of the provisions thereof are hereby repealed. Section 15.

This Act shall be in full force and effect from and after its passage and approval by the Governor. Filed March 2d, 1905.

Note by the Secretary of State:

The foregoing Act having been presented to the Governor for his approval and not having been returned by him to the House in which it originated within the time prescribed by the Constitution, has become a law without his approval.

A. N. YODER, Secretary of State.

Incorporation of companies for insurance of growing crops.

CHAPTER 58.

An Act to authorize the organization of Mutual Hail
and Fire insurance companies.

Be it Enacted by the Legislative Assembly of the State of
Montana.

Section 1.

That any number of persons, not less than one-hundred, residing in this State, who, collectively, shall own not less than five thousand acres of grain which they desire to have insured, may form an incorporated.com

pany for the purpose of mutual insurance of growing crops against loss or damage by hail, and farm improvements by fire..

Section 2.

formed.

Such persons shall file with the State Auditor a dec- How company laration of their intention to form a company for the purposes expressed in the preceding section, which declaration shall be signed by at least one hundred incorporators; and shall be accompanied by a copy of the proposed articles of incorporation, subscribed by three or more persons and acknowledged by each before some person authorized to take and certify acknowledgments of conveyance of real property, in which must be stated the name or title by which such corporation or company shall be known in law, the location of its principal business office, which office must be located in this State, the name and residence of the incorporators, the object of the corporation, with its plan of doing business clearly and fully defined, the number of its directors and the names of those elected to serve until its first annual meeting, which articles. of incorporation shall be by the State Auditor submitted to the Attorney General for examination, and if such articles shall be found by the Attorney General to be in accordance with the provisions of this Chapter, and not in conflict with the constitution and laws of the United States or of this State, he shall make a certificate of the fact and return it to the State Auditor, who shall reject the name or title applied for by any persons when he shall deem the same so similar to one already appropriated by another company or corporation as to be likely to mislead the public. When the articles of incorporation shall have received the approval of the Attorney General and the State Auditor, the Auditor must deliver the same to said incorporators, with such approval, and the same must be filed, recorded and certified as required by Section 406 of the Civil Code of the State of Montana.

Section 3.

.

The number of directors shall not exceed seven, the majority of whom shall constitute a quorum to do business, to be elected by the members by ballot, and they shall hold their offices until their successors are elected and qualified.

Section 4.

The policy holders shall elect from their number a President, a Vice-President and Treasurer, and shall also elect a Secretary, who may or may not be a member of the company, all of whom shall hold their offices for one year and until their successors are elected and qualified.

Section 5.

The Treasurer and Secretary shall each give bonds to the company for the faithful performance of their duties, in such amounts as shall be prescribed by the Board of directors.

Section 6.

Such corporation and its directors shall possess the usual powers and be subject to the usual duties of corporations and directors thereof, and may make such by-laws, not inconsistent with the constitution or this Act, as may be deemed necessary for the management of its affairs in accordance with the provisions of this Act, and may prescribe the duties of its officers and fix their compensation, and may alter and amend its by-laws when necessary.

Section 7.

Any person owning property in this State, insurable under this Act, may become a member of this company, by insuring therein and not otherwise, and shall be entitled to all the rights and privileges pertaining thereto. The membership in such company shall consist of the persons insuring therein, provided that such number shall never be less than the number required by Section 1 of this Act for the purposes of incorporation.

Section 8.

Liability

Such company may issue policies only on growing Policies. crops, against loss or damage by hail, and on farm improvements against loss by fire. All persons so insured shall make applications in writing and give their obli- Applications. gations to the company for the payment of losses and expenses as shall be required by the by-laws of said. company. The liability of the members may be limited of members. by the by-laws of such company; Provided, that in case the whole amount of such obligation shall be insufficient to pay all losses sustained after necessary expenses in any year, then sufferers insured by such company shall receive their proportionate share of the funds realized from such obligation in full satisfaction of such losses, and no member shall ever be called on to pay more than the full amount of his obligation.

Section 9.

Every member of such company who may sustain loss or damage by hail or fire shall immediately notify the Secretary thereof, stating the amount of damage or loss claimed, then the person or persons authorized by the by-laws of such company to adjust losses, shall proceed to ascertain the amount of such loss or damage and adjust the same.

If there is a failure of the parties to agree upon the amount of such damage or loss, the same shall be submitted to three persons as committee of reference, one of whom shall be selected by the claimant, one by the company and the third by such two persons, who shall be sworn to a faithful and impartial investigation, and award as may be provided for by the bylaws of said company, who shall have authority to examine witnesses and determine all matters in dispute, and shall make their award in writing to the Secretary of the company, and such award shall be final, unless either party to the action shall appeal to the court within thirty days after such award: Provided, such final award shall not be made before the time for the maturity of said crop, or loss by fire. The pay of the

Duty of in

sured in case

of loss.

How damage fixed.

When obligations due.

Suits may be brought

against member of company.

Secretary to prepare annual statement.

Members may withdraw.

membership of such committee shall be two dollars per day for each day of service so rendered in the discharge of their duties, which shall be paid by the claimant unless the award of such committee shall exceed the sum offered by the company in liquidation of such loss or damage, in which case said expense shall be paid by the company.

Section 10.

All obligations shall be due at such a time as the company in its by-laws provide, and losses shall not be due and payable until thirty days after said obligations are due and payable. Provided, that it shall be the duty of such company to use due diligence in the collection of such obligation.

Section 11.

Suits at law may be brought against any member of such company who shall neglect or refuse to pay any obligation given by him or her according to the provisions of this act, and the directors or officers of any company so formed who shall wilfully refuse or neglect to perform the duties imposed upon them by the provisions of this act, shall be liable in their individual capacity to the person sustaining such loss. Suit at law may also be brought and maintained against any such company by members thereof for losses sustained if payment is withheld after such losses become due.

Section 12.

It shall be the duty of the Secretary to prepare an annual statement showing the condition of such company and the business transacted the preceding year, and present the same at the annual meeting, and file a verified copy of same with the state auditor as provided by law.

Section 13.

Any member of such company may withdraw therefrom by surrendering his policy for cancellation and paying all obligation for the year's insurance. Provided, that the company shall have power to cancel the certificate of any member for good and sufficient cause