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A. D. 1894.

Penalty for

insurance com

without license.

1866, XIV., 205; 1888, XX., 63,

CHAPTER XXVIII.

Violations of the License Laws by Insurance and Other Companies, Emigrant Agents, Owners of Shows, &c., Persons Selling Pistols, &c.

SEC.

486. Insurance companies doing business

without a license.
487. Foreign companies, such as fire and
life insurance, building and loan as-
sociations, land loan associations,
&c., doing business without a license.
488. Soliciting emigrants without a li-

cense.

SEC.

489. Violation of law by persons repre

senting plays, shows, &c.

490. Sale of pistols, &c., without license. 491. Who are agents of insurance companies; not to solicit insurance without license; not to represent himself as agent.

492. How license shall be issued; not transferable.

Section 486. (1357.) Any person who shall transact any panies acting business of insurance in this State for any company of the United States or foreign State not incorporated by the laws of this State without first having obtained license by law required, or after his license has been withdrawn, or shall in any way violate the provisions of the General Statutes in relation to license of insurance companies or agents thereof, shall upon conviction in any Court of competent jurisdiction be fined for every such offense not more than one hundred dollars: Provided, That nothing contained in this Section shall release any such company or companies upon any policy issued or delivered by it or them.

Penalty for foreign co m

secure license.

Sec. 487. The penalties and forfeitures imposed upon insurpany failing to ance companies for failure to comply with the law shall apply 1892, XXI., 90. and be imposed upon any foreign company required by law to take out a license, such as insurance companies of all classes, foreign land loan associations, foreign building and loan associations, foreign banking associations.

Misdemeanor

to solicit emi

1893, XXI., 429.

grant agents.

Sec. 488. No person shall carry on the business of an emigrants without. grant agent in this State between the first day of January and 1891, XX., 1084; the first day of July of any year without having first obtained a license therefor from the State Treasurer. The term "emigrant agent," as contemplated in this Section, shall be construed to Who are emi- mean any person engaged in hiring laborers or soliciting emigrants in this State to be employed beyond the limits of the Any person shall be entitled to a license, which shall be good between the first day of January and the first day of July of any one year, upon payment into the State Treasury for the use of the State the sum of five hundred dollars in each County in which he operates or solicits emigrants for each year so en

same.

A. D. 1894.

gaged. Any person doing the business of an emigrant agent between the first day of January and the first day of July of any year without having first obtained such license shall be deemed guilty of a misdemeanor, and upon conviction shall be punished Penalty. by fine not less than five hundred dollars and not more than one thousand dollars, or may be imprisoned at hard labor not exceeding two years, for each and every offense, within the discretion of the Court.

Violation of law by persons

plays, shows, &c

Sec. 489. (1759.) Any person or persons, company or companies, representing publicly for gain or reward any play, comedy, representing tragedy, interlude or farce, or other entertainment of the stage, 1875, XV., 845. or any part therein, all fortune tellers, and those who exhibit wax figures, or shows of any kind whatsoever, and any circus or other show traveling in connection therewith, who shall give any exhibition without complying with the law imposing a tax or license therefor shall upon conviction in any Court of competent jurisdiction be fined in the sum of two hundred dollars and all costs and be imprisoned in the County jail for not less than one month nor more than three months, in the discretion of the Court.

sale of pistols, license a misde

&c., without a

meanor.

of Commission

license.

426.

Sec. 490. No person or corporation within the limits of this State shall sell or offer for sale any pistol, rifle cartridge or pistol cartridge less than .45 calibre, or metal knuckles, without first 1890, XX., 653; obtaining a license from the County in which such person or cor- 1891, I b., 1101. poration is doing business so to do. The County Board of Commissioners of the several Counties of this State are authorized to County Board issue licenses in their respective Counties for the sale of pistols ers to issue and pistol and rifle cartridges of less than .45 calibre, and metal 1.; 1893, XXI., knuckles, upon the payment to the County Treasurer by the person or corporation so applying for said license of the sum of twenty-five dollars annually; and any person who shall sell or offer for sale any pistol, or pistol or rifle cartridge of less than .45 calibre, or metal knuckles, without having obtained the license provided for in this Section shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine not Penalty. exceeding five hundred dollars, or by imprisonment not exceeding one year, or both, at the discretion of the Court.

who are agents companies; not

of insurance

Sec. 491. Any person who solicits insurance in behalf of any insurance company not organized under or incorporated by the laws of this State, or who takes or transmits other than for himself any application for insurance or any policy of insurance to represent himor from such company, or who advertises or otherwise gives

to solicit insurance without license; not to

self as agent. 1883, XVHI., 460

A. D. 1894.

Penalty.

How license

shall be issued;

Ib.

notice that he will receive or transmit the same, or who shall receive or deliver a policy of insurance of any such company, or who shall examine or inspect any risk, or receive, collect or transmit any premium of insurance, or make or forward any diagram of any building or buildings, or do or perform any other act or thing, in the making or consummating of any contract of insurance for or with any such insurance company, other than for himself, or who shall examine into or adjust or aid in adjusting any loss for or in behalf of any such insurance company, whether any such acts shall be done at the instance or request or by the employment of such insurance company, shall be held to be acting as the agent of the company for which the act is done or the risk taken, or who shall, either by advertisement or by sign, represent himself as the agent of an insurance company, or who shall do anything connected with the business of insurance, without having a license from the Comptroller-General, shall be fined for every such offense not less than one hundred dollars nor more than five hundred dollars, at the discretion of the Judge.

Sec. 492. That a license issued to any agent of an insurance not transferable company shall specify the County or Counties in which said agent is authorized to take risks, and that no agent shall be authorized to take any risk on or to insure any property located or held in any County not named in his license. Any agent holding a license from the Comptroller-General shall have no authority to delegate to another any of the rights or privileges granted by such license, and any person or persons doing any business of insurance whatever under authority of a license issued to another shall be deemed guilty of a violation of the insurance laws. Any person or persons violating any of the provisions of this Section shall be liable to the fines prescribed in the preceding Section.

Penalty.

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Section 493. (1648.) Whoever shall offend against any or either of the provisions contained in Sections 1818, 1819, 1824, 1825, 1826, 1827 and 1828 of Chapter LVII., Part I., of these Statutes, entitled "Emigrants and Seamen," shall be deemed guilty of a misdemeanor, and shall upon conviction thereof be punished by imprisonment for a term not exceeding one year and not less than thirty days, or by fine not exceeding two hundred and fifty dollars and not less than one hundred dollars, or by both such fine and imprisonment.

A. D. 1894.

Offenses

against law reg

ulating seamen,

&c., board in g

houses, &c.

1866, XIII., 471.

keeper to har

more than one

not to extend to

discharged.

1751, III., 735, §1

Sec. 494. (1650.) It shall not be lawful for any tavern keeper, No tavern punch house keeper or victualler within this State to harbor, bor mariner entertain or employ any seaman or mariner exceeding one hour hour; penalty; in four and twenty without an order or direction in writing for mariners legally so doing under the hand of the master or commander of the ship or vessel to which such seaman or mariner shall belong, under pain of forfeiting the sum of ten dollars for every such offense, to be recovered by indictment in any Court of competent jurisdiction, and applied one half to the informer and the other half for the use of the State: Provided always, nevertheless, That nothing herein contained shall extend or be construed to extend to such seaman or mariner as shall be legally discharged from any ship or vessel.

Harboring deand enticing

serting seamen

them to desert.

557, §1.

Sec. 495. (1651.) Any person who shall be convicted of harboring deserting seamen, or of inveigling or procuring them to desert any service for which they have engaged, or disregard any 1695, II., 119, articles into which they have entered, shall be held guilty of a mis- $2; 1836, V I., demeanor, and upon trial and conviction shall be punished by fine and imprisonment, at the discretion of the Judge, not to exceed three hundred dollars' fine and three months' imprisonment; and upon a second conviction, the person so offending, if the

A. D. 1894.

Trial Justice

search for de

Ib.

keeper of a public or lodging house for seamen, in addition to the penalty before provided, shall forfeit his or her license.

State v. Cordes, Rice, 152.

State v. Cordes, Dud., 225.

Sec. 496. (1652.) In case any such seaman, or any boy apprenmay order ticed on board any ship or vessel, shall be harbored, secreted or serting seamen, detained, it shall be lawful for any Trial Justice, upon complaint, on oath, made by the master of the said ship, or on his behalf, to inquire into the matter, and, if he shall see fit, by warrant under his hand and seal, to cause search to be made into any place wherein the said seaman or apprentice may be harbored or secreted, and to cause such seaman or apprentice to be restored to the master of the said ship.

Last two Sections extend to

agreements.

Sec. 497. (1653.) The provisions of the two preceding Secall shipping tions shall extend to every agreement to proceed or continue on 1837, VI., 576, 81 a voyage, made in this State or elsewhere, by a seaman, and whether in contemplation of a voyage to be commenced in this State or elsewhere: Provided, That the said agreement, at the time when any such seaman may be harbored or secreted contrary to the provisions of the said Sections, shall not have been fully executed and determined, but shall be of force and binding on such seaman, according to the laws of this State, or of the country where the same was entered into, or to which the ship or vessel in which such voyage was to be made may belong.

Articles of

in evidence.

1850, XIII., 171, 88 1, 2.

1

Sec. 498. (1656.) On the prosecution or trial of any indictship admissible ment under the provisions of this Chapter, a copy of the articles 1837, 577, $2; of the ship or vessel, authenticated by the affidavit of the captain, sworn to before any Notary Public or Trial Justice of this State, shall be admissible in evidence, and shall be sufficient to establish the fact that any seaman whose name appears subscribed thereto has signed the agreement contained in such articles, until the contrary be made to appear by proof.

A misdemeanor

to impress sea

men.

Sec. 499. (1657.) Any attempt by fraud or force to ship, against his will, any person as a seaman on board any vessel in 1855, XII., 402, any port in this State is hereby declared a misdemeanor, to be punished by fine and imprisonment, at the discretion of the Court.

$1.

In trials un

ter, evidence of

Sec. 500, (1658.) When any prosecution shall be commenced der this Chap against any person under the provisions of this Chapter, promaster of vessel viding for the punishment of harboring seamen who have deserted, and it shall appear to the Trial Justice before whom the prosecu$4: 1855, XII., tion was commenced that the testimony of any master of a vessel

may be taken de bene esse.

1852, XII., 172, 402, § 2.

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