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1908, ch. 322, sec. 157D.

169. Any person or firm resident in this State or corporation incorporated under the laws of this State, who shall obtain or have possession of policies of insurance against loss by fire, lightning or tornado on property situate in this State, issued by companies, associations, firms or corporations not authorized to do business in this State without complying with the provisions of Sections 166 and 167, shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than one hundred dollars, nor more than one thousand dollars or imprisonment in jail for a period of not less than one month nor more than six months, in the discretion of the Court.

1908, ch. 322, sec. 157E.

170. Any person who, within this State, shall act as intermediary in any manner in procuring or delivering, in violation of the provisions of Sections 166 to 174, any policy of insurance shall be subject to all the penalties of the preceding section.

1908, ch. 322, sec. 157F.

171. It shall be the duty of the Insurance Commissioner to stamp all policies issued in non-admitted companies "Unauthorized Company, tax paid," or "Unauthorized Company, no tax," and any person, firm or corporation who shall obtain or have in their possession any policy of companies not authorized to do business in this State, dated after April 13, 1908, insuring such individual, corporation or firm from loss and damage by fire, lightning or tornado upon property situate in this State without being so stamped, shall be subject to all the penalties of Section 169; provided, however, that railway companies and other common carriers engaged in interstate commerce may place insurance without complying with the requirements of Sections 166 to 174.

1908, ch. 322, sec. 157G.

172. All policies of insurance against loss or damage to property in this State from fire, lightning or tornado, issued by companies, associations, firms or corporations authorized to transact the business of insurance in this State shall have

plainly marked or stamped, in indelible ink, on each policy the words following: "Authorized to do business in the State of Maryland," to which shall be annexed a fac-simile of the signature of the Insurance Commissioner of this State; any company, association, firm or corporation violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be liable to the penalties prescribed by Section 169. The Insurance Commissioner of this State shall furnish stamps for the purpose herein prescribed at a cost not to exceed two dollars for each stamp, to be paid by all such authorized companies, associations, firms or corporations.

1908, ch. 322, sec. 157H.

173. Provided nothing contained in Sections 166 to 174 shall prevent any mutual insurance company or association which pays dividends to policyholders on which return premiums in whole or part to policyholders from issuing policies, insuring and inspecting property, and adjusting losses in this State: and the provisions of Sections 166 to 174 shall not apply to such companies or associations.*

1908, ch. 322, sec. 1571.

174. Immediately upon the passage of this Act the said Insurance Commissioner shall have a copy thereof published in one or more daily newspapers published in Baltimore City, and one newspaper published in each of the counties of the State of Maryland.

Insurance Department.

1912, art. 23, sec. 175. 1904, art. 23, sec. 158. 1888, art. 23, sec. 121. 1860, art. 56, sec. 27. 1858, ch. 432, sec. 1. 1872, ch. 388. 1874, ch. 400. 1876, ch. 248. 1878, ch. 106. 1912, ch. 355, sec. 1 (p. 513).

1900, ch. 700.

175. There shall be a distinct department, to be known as the State Insurance Department, which shall be charged with the execution of the laws of this State in relation to insurance, the principal office for which shall be located in the City of Baltimore. The chief officer of said department shall be appointed by the Governor, Comptroller and Treasurer, or by a majority of them, for the term of four years, and shall be known *See section 154y of Article 23, page 163.

as the State Insurance Commissioner of Maryland, who shall receive an annual salary of twenty-five hundred dollars, payable only out of the receipts of said department authorized by this Article; provided, however, that no person who is a director, officer or agent of, or directly or indirectly interested in any insurance company except as insured, shall be appointed as such Insurance Commissioner. Said State Insurance Commissioner shall hold office during the term for which he is appointed and until his successor is appointed and qualified, unless sooner removed for cause by the Governor, Comptroller and Treasurer, and shall give bond to the State of Maryland in the sum of fifty thousand dollars for the faithful performance of his duties. There shall also be a Deputy Insurance Commissioner, who shall be appointed by the State Insurance Commis sioner, and shall receive an annual salary of twenty-two hundred and fifty dollars, payable only out of the receipts of said office, and in the event of the death, resignation, disability or disqualification of the State Insurance Commissioner, or in case the office of Insurance Commissioner shall become vacant, the said Deputy Insurance Commissioner shall have and exercise all the powers and duties vested by law in the State Insurance Commissioner. And the said Deputy Insurance Commissioner shall give bond to the State Insurance Commissioner in a penalty to be determined by the Commissioner. The State Insurance Commissioner is also authorized to appoint an actuary for said Insurance Department at an anual salary of five hundred dollars, in addition to the fees prescribed by Section 184 of this Article, and also to employ such clerical assistance as he may deem necessary for the proper discharge of the duties and efficiency of his department; provided, however, that the salary and fees of such actuary and clerks shall be paid only out of the receipts of said Insurance Department; and provided further, that he shall not exceed the sum of seventy-five hundred dollars per annum for the pay of such clerical assist

ants.*

Ibid, sec. 159. 1892, och, 612. 1894, ch. 256, sec. 121A. 176. The Insurance Commissioner is authorized to employ a counsel for the Insurance Department at an annual compensa

* Townsend vs. Kurtz 83 Md. 331.

tion not exceeding one thousand dollars, which shall be paid out of the fees of said Insurance Department.*

1914, ch. 285, sec. 195B.

176B. The State Insurance Commissioner is also authorized to employ an auditor for the Insurance Department at an annual compensation not exceeding $1,000, which shall be paid out of the fees of said Insurance Department. It shall be the duty of said auditor to examine and audit the annual statements of all insurance companies authorized to do business in the State of Maryland and filing annual statements with the Insurance Department, the books, accounts and affairs of the Insurance Department, and such other auditing as the Insur ance Commissioner may direct; provided, however, that whenever said auditor shall be directed by the Insurance Commissioner to examine or assist in the examination of any insurance company authorized to do business in this State, whether incorporated under the laws of this or any other State, he shall be entitled to be paid by the company whose affairs shall be examined by him his traveling and other expenses, and such reasonable compensation, not exceeding $15.00 a day, as shall be determined upon by the Insurance Commissioner, in addition to the aforesaid salary paid out of the fees of the department.

1908, ch. 553.

177. The Insurance Commissioner is also authorized to employ an examiner for the Insurance Department at an annual compensation not exceeding fifteen hundred ($1,500.00) dollars, which shall be paid out of the fees of said Insurance Depart ment. And it shall be the duty of said examiner so appointed to thoroughly inspect and examine, under the direction of the Insurance Commissioner, the affairs of every insurance company organized under the laws of this or any other State, and carrying on business in this State, especially as to the financial condition of such insurance companies and their ability to fulfill their obligations, in order that the Insurance Commissioner may ascertain and determine whether or not they have complied with the laws of this State.

The Attorney-General shall represent the State Insurance Commissioner, 1916, chapter 560.

†There is no section 176a of Article 23 in the Code or volume three thereof.

1904, art. 23, sec. 160. 1888, art. 23, sec. 122. 1860, art. 56, sec. 28. 1858, ch. 432, sec. 2. 1872, ch. 388. 1874, ch. 400. 1876, ch. 248. 1878, ch. 106. 1886, ch. 132. 1894, ch. 272. 1902, ch. 338. 1914, ch. 152. 1914, ch. 631. 1914, ch. 821.

178. It shall be the duty of the Insurance Commissioner:* First. To see that all laws of this State relating to insurance o insurance companies are faithfully executed; to keep on file in his office copies of the charter, declaration of organization or deed of settlement of every insurance company, including partnerships, joint stock associations and corporations organized under the laws of this State, or organized under the laws of some other State or nation, and applying to do business in this State, which copies shall be duly certified in accordance with law by the Secretary of State or other proper officer of the State or nation wherein such companies are organized; and the Insurance Commissioner shall, upon application of any such company or association, furnish them with certified copies of their charter so filed in his department.

Second. To furnish in December of each year to the companies required by this Article to report to him the necessary blank forms of the statements required; and as soon as practicable in each year, he shall cause to be calculated by the actu ary of his department, under his supervision, the net value, on the thirty-first day of December of the previous year, of all the policies and additions thereto, and all obligations for the payment of annuities in force on that day of each life insurance company doing business in this State orgainzed 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, from the Insurance Commissioner of the State by whose authority the company was organized, or of 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, or by any foreign government, or by any State not having an insurance department, a certificate giving the net value of all policies in force in the company on

Monumental Insurance Co. vs. Wilkinson, 100 Md. 31; Kafka vs. Wilkinson, 99 Md. 238.

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