CHAPTER 14a.-CIVIL RIGHTS. 1673 SECTION 1. [Equal privileges.] All persons within this state shall be entitled to a full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, restaurants, public conveyances, barber shops, theaters, and other places of amusement; subject only to the conditions and limitations established by law, and applicable alike to every person. [1885, chap. 104. Reenacted 1893, chap. 10.] 1674 SEC. 2. [Same-Penalty.] Any person who shall violate the foregoing section by denying to any person, except for reasons by law applicable to all persons, the full enjoyment of any of the accommodations, advantages, facilities, or privileges enumerated in the foregoing section, or by aiding or inciting such denials, shall for each offense be deemed guilty of a misdemeanor and be fined in any sum not less than twenty-five (25) dollars nor more than one hundrel (100) dollars and to pay the costs of the prosecution. [Id.] CHAPTER 15.-COMMON LAW. 1675 SECTION 1. [Common law in force.] So much of the common law of England as is applicable and not inconsistent with the constitution of the United States, with the organic law of this territory, or with any law passed or to be passed by the legislature of this territory is adopted and declared to be law within said territory. CHAP. 140. "An act to provide that all persons shall be entitled to the same civil rights, to punish all persons for violations of its provisions to repeal," etc., chap. 14a, C. S. Took effect Mar. 17, 1893. Laws, 1893, chap. 10. Act valid so far as it relates to citizens. 25 Neb., 675. CHAP. 15. CHAP. VII, R. S., 31. The common law relative to trespass by stock on uncultivated uninclosed land is not in force. 10 Neb., 493. 11 Id., 533. Application of principles. 12 Neb., 4. Trusts. Cited 29 Id., 700. CHAPTER 16.-CORPORATIONS. INSURANCE COMPANIES. 1676 SECTION 1. [Statement.] It shall be the duty of each and every insurance company incorporated under the laws of this state to file with the auditor of the state a full and specific statement of the amount of cash paid in upon said stock; the amount of stock not paid for in cash; the amount secured by mortgages or pledges of real estate; the names and residences of the stockholders in said company, with the amount of stock owned or held, set opposite the name of each, and if not all paid up in cash, the amount unsecured and the amount secured, specifying whether by real or personal security, also set opposite the name of each; the names of all the officers and agents of the company wherever residing; the amount of policies issued by and outstanding against the company, at the date of said report; the amount of premiums received by said company during the preceding six months; the amount of cash on hand; the amount of bills payable and receivable at the date of said statement; the amount of real estate owned by said company, where held and owned, and in what manner said real estate became vested in said company, which report and statement shall be verified by the oath of the president and secre tary of the company. [R. S., 187. G. S., 160.] 1677 SEC. 2. [Semi-annual statement.] It shall be the duty of every insurance company now created or that may hereafter be created under the laws of this state, to file a semi-annual statement of the affairs of said company, with the auditor of the state, on the first day of January and July in each year, which state. ment shall be verified by the oath of the secretary of the company. Such statement shall contain First-The name and locality of the company. Second-The amount of capital stock of said company. I. The amount of cash on hand. II. The amount of cash in hands of agents. III. The real estate unincumbered. IV. The bonds and notes of the company, and how they are secured, with the rates of interest thereon, and whether given in payment of stock subscription, or for bona fide loans. V. Debts of the company secured by mortgage. VI. Debts otherwise secured. VII. Debts for premiums. VIII. All other securities. Fifth-The amount of liabilities due or not due to banks or other creditors by the company. Sixth-Losses adjusted and due. Seventh-Losses adjusted and not due. Eighth-Losses unadjusted. Ninth-Losses in suspense. Tenth-All other claims against the company. Eleventh-The greatest amount insured by any one risk. CHAP. 16, SECS. 1-144. Chapter 25, R. S., 187. G. S., 160. See also chap. 43, post. See 18 Neb., 277. See also as to secret soc eties, sec. 198, this chapter. SECS. 1-11. Apply only to life insurance companies. See sec. 41, chap. 43, post. And the auditor shall cause a brief abstract of such statement to be published in at least one newspaper at the capital of the state, and such company shall pay for said publication. 1678 SEC. 3. [Penalty.] A failure to comply with the provisions of the two preceding sections shall subject the president and secretary of any company, each, individually, to the penalty of one hundred dollars, to be recovered in an action at law in the name of any citizen of the state, one-half of the same to the use of the state, and the other moiety to the use of the informer. 1679 SEC. 4. [Real estate.] It is declared unlawful for any insurance company in this state to purchase or hold any real estate save what shall be necessary for the transaction of its legitimate business of insurance; and deeds and conveyances to said company, for any other purposes, are hereby declared to be void. 1680 SEC. 5. [Foreign companies.] It shall not be lawful for any agent or agents of any insurance company incorporated by any other state or territory, directly or indirectly, to take risks or transact any business of insurance in this state without first procuring a certificate from the auditor of the state; and before obtaining such certificate, such agent or agents shall furnish the auditor with a statement, under the oath of the president or secretary of the company for which he or they may act, which statement shall show First-The name and locality of the company. Third-The amount of its capital stock paid up. persons. I. The amount of cash on hand, and in the hands of agents and other II. The real estate unincumbered. III. The lands owned by the company, and how they are secured, with the rate of interest thereon. IV. The debts of the company secured by mortgage. V. Debts otherwise secured. VI. Debts for premiums. VII. All other securities. Fifth-The amount of liabilities due or not due to banks or other creditors by the company. Sixth-Losses adjusted and due. Seventh-Losses adjusted and not due. Eighth-Losses unadjusted. Ninth-Losses in suspense, waiting for further proof. Tenth-All other claims against the company. Eleventh-The greatest amount insured by any one risk. Twelfth-The greatest amount allowed by the rules of the company to be insured in any one city, town, or village. Thirteenth-The greatest amount allowed to be insured in any one block. Which statement shall be filed in the office of said auditor, together with a written instrument under the seal of the company, signed by the president and secretary, authorizing such agent to acknowledge service, consenting that service of process upon such agent shall be taken and held to be as valid as if served upon the company, according to the laws of the state, or any state or territory, and waiving all claims of errors by reason of such service; and no insurance company, or agents of any insurance company, incorporated by any other state or territory, shall transact any business of insurance in this state, unless such company is possessed of at least one hundred thousand dollars of actual capital, invested in stocks of at least par value, or in bonds or mortgages on real estate worth double the amount for which the same is mortgaged; and upon filing the aforesaid statement and instrument with the auditor of the state, and furnishing him with satisfactory evidence of such instrument, as aforesaid, it shall be the duty of said auditor to issue a certificate thereof, with authority to transact business of insurance, to the agent or agents applying for the same; and the auditor may demand and receive two dollars for every such certificate, to be paid by the company. 1681 SEC. 6. [Additional statement.] It shall be unlawful for any incorporated company or association, partnership, firm, or individual, or any member, or agent or agents thereof, or for any agent or agents of any company incorporated by any foreign government, other than a state of this Union, to transact any business of insurance in this state without procuring a certificate of authority from the auditor of this state; such company, association, partnership, firm, or individual, or any agent or agents thereof, having first filed, under oath, in the office of said. auditor, a statement setting forth the charter or act of incorporation of any and every such incorporated company, and the by-laws, copartnership agreement, and articles of association of any and every such unincorporated company, association, partnership, or firm, and the name and residence of such individual and the names and residences of the members of every such partnership or firm; and the matters required to be specified by the provisions of this chapter, and the written authority therein mentioned; and furnish evidence to the satisfaction of the auditor of the state, that said company has invested in stocks of some one or more of the states of this Union, or of the United States, the amount of one hundred thousand dollars, and that such stocks are held by citizens of the United States, or in bonds or mortgages of real estate situated in the United States, fully securing the amount for which the same is mortgaged, or bonds of cities of the United States, the aggregate market value of the investment of the company in which shall not be less than one hundred thousand dollars; and such incorporated company or unincorporated company, association, partnership, firm, or individual, or any agent or agents thereof, filing said statement and furnishing evidence of investment as aforesaid, shall be entitled to a certificate of authority for such body or individual, in like manner as is provided in this chapter. 1682 SEC. 7. [Renewed annually.] The statement and evidences of investment required by this chapter shall be renewed annually in the month of January of each year. The auditor of the state, upon being satisfied that the capital, securities, and investments remain secure, shall furnish a renewal of certificates as aforesaid; and the company, agent, or agents obtaining such certificate shall file the same, together with the statement upon which it was obtained or renewed, in the office of the auditor of the state. 1683 SEC. 8. [Agents.] Any person or firm in this state who shall receive or receipt for any money, on account of or for any contract of insurance made by him or them, or for any such insurance company or individual aforesaid, or who shall receive or receipt for money from other persons, to be transmitted to any such company or individual aforesaid, for a policy or policies of insurance or any renewal thereof, although such policy or policies of insurance may not be signed by him or them, as agent or agents of such company, or who shall in any wise, directly or indirectly, make or cause to be made any contract or contracts of insurance, for or on account of such company aforesaid, shall be deemed to all intents and purposes an SEC. 6. Cited 18 Neb., 282. Section refers to life insurance companies. Bankable notes cannot be included as a part of capital stock. 21 Neb., 501. agent or agents of such company, and shall be subject and liable to all the provisions of this chapter. 1684 SEC. 9. [Evidence.] Copies of all papers required by this chapter to be deposited in the office of the auditor of this state, certified under the hand of such auditor to be true and correct copies of such papers, shall be received as evidence in all courts and places in the same manner and have the same force and effect as the original would have if produced. 1685 SEC. 10. [Penalty.] Any person or persons violating the provisions of this subdivision shall, upon conviction thereof, in any court of competent jurisdiction, be fined in any sum not exceeding one thousand dollars, or imprisoned in the county jail not more than thirty days, or both, at the discretion of the court. lations of the provisions of this subdivision may be prosecuted by information filed by the prosecuting attorney of the proper county, or by indictment of the grand jury. Vio 1686 SEC. 11. [Statements.] Any insurance company complying with the provisions of this subdivision, and securing the certificate of the auditor for any of its agents, shall not be required to furnish the single statement, and evidences required hereby for more than one of such agents, which being filed with the auditor of this state, shall be deemed a sufficient compliance for its free transaction of business in this state. 1687 SEC. 12. [Guarantee fund.] If any insurance company, firm, or individual, or their agent or agents, having filed its or their statement as required by this subdivision, and conformed to the requirements thereof, shall have on deposit in any other state or territory, or elsewhere than in this state, any portion of its capital or earnings as a guarantee fund for the exclusive benefit or security of persons insured in such state or territory, or other place, it shall be the duty of the auditor of the state to withhold from such body or individual, so alienating any such portion of their capital or resources, the certificates and authority in this subdivision provided for, until such body or individual shall file with the auditor of the state a statement, duly verified by the oath or affirmation of the president or secre tary of such incorporated company, association, partnership, or firm, or of such individual, showing the amount of premiums received in this state by such company during the year ending on the first of January next preceding the filing of said statement, and shall deposit in this state, in such manner as the auditor of the state shall direct, five per cent. of the amount received in money, or any solvent state or United States, stocks of at least par value, or mortgages on real estate situated in this state, of at least double the value for which the same is mortgaged; which statement and deposit shall be so made from year to year, at the time of each renewal or original grant of authority by said auditor, until the sum of forty thousand dollars is deposited as aforesaid, which said sum and every yearly part thereof deposited as aforesaid, shall be held under control of such auditor of the state, as a guarantee fund for the benefit of such persons as may be in any manner insured in their property by such company in this state, and the same or any part of the sums so deposited shall not be drawn out of the depositors until all claims for losses or premiums, or risks unexpired, shall be paid and discharged, or until all deposits made in other states, territories, or other places not within this state shall be withdrawn; and in case of the insolvency of any such company, the sums so deposited as aforesaid shall be applied by the auditor of the state, pro tanto, towards the payment of all claims against such body or individual filed in his office duly liquidated and authenticated, and losses and premiums or risks unpaid on policies issued within six months after such insolvency may occur. Any such body or individual shall be deemed insoivent, upon failure to pay any undisputed loss insured against, within this state for the space of ninety days after final judgment for the amount of any loss so insured |