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CHAP. 129.

Tax on premiums.

-amount of, how determined.

Chapter 129.

An Act relating to the Taxation of Insurance Companies.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

SECTION 1. Every insurance company or association which does business in this state, not incorporated or associated under the laws thereof, shall, as hereinafter provided, annually pay a tax upon all premiums received, whether in cash or in notes absolutely payable, in excess over losses actually paid during the year, on contracts made in this state for insurance of life, property or interests therein, at the rate of two per centum per annum.

SECT. 2. In determining the amount of tax due under the preceding section, there shall be deducted by each company from the full amount of premiums received, the amount paid in this state during the year on claims under policies, and so much of any of said premiums as may be returned or allowed during the year to the insurer, as not collected, or used, or earned; and the tax shall -how computed. be computed on the net amount thus actually received by said companies or their agents as aforesaid.

Insurance com

panies to make return.

SECT. 3. Every company or association which by the provisions of this act is required to pay a tax, shall, on or before the thirtyfirst day of January, in each year, make a return, under oath, to the insurance commissioner, stating the amount of all premiums received by said company, either in cash or notes absolutely payable, during the year ending on the thirty-first day of December next previous, and also the amount to be deducted therefrom, under the provisions of this act, specifying the whole amount thereof, and also the classes of deductions and amount of each class. Said tax shall be assessed by the state treasurer upon the certificate of the insurance commissioner, to be seasonably furnished therefor on or before the first day of April, the same to be paid on or before the first day of May then next. It shall be the Companies to be duty of the treasurer to notify the several companies of the assessment, and unless the same be paid as aforesaid, the commissioner shall suspend the right of the company to do any further business in the state until the tax is paid.

Tax how assessed.

notified of assessment.

-neglecting to make return, assessment, how made.

Non-payment of assessment, right

SECT. 4. In case any insurance company or association shall refuse or neglect to make the return required by this act, the state treasurer shall make such assessment on such company or association as he deems just, and unless the same shall be paid on demand such company or association shall have no right to do business in to do business in this state, and it shall be the duty of the insurance commissioner to give notice accordingly. And if after such notice any person Penalty for viola- does business in this state for such company or association, he shall be liable to the penalty provided in section fifty of chapter forty-nine of the revised statutes.

this state pro

hibited.

tion.

certain foreign

Ratio of tax on insurance com

panies.

SECT. 5. But any insurance company incorporated by a state CHAP. 130. or country whose laws impose upon insurance companies chartered by this state any greater tax than is herein provided, shall pay the same tax upon business done by it in this state, in place of the tax above provided; and the insurance commissioner is hereby author- Return and asized to require the return upon which such tax may be assessed to be made to him, and the treasurer is hereby authorized to assess such tax; and if such tax is not paid as provided in section three, the insurance commissioner shall suspend the right of said company to do business in this state.

SECT. 6. Chapter two hundred and fifty-one of the acts of eighteen hundred and seventy-four, and chapter forty-six of the acts of eighteen hundred and seventy-five, are hereby repealed, except that they are continued in force for the assessment and collection of the tax the previous year as therein provided.

Approved February 23, 1876.

sessment of tax.

Right to do busisuspended in cer

ness in this state

tain cases.

Ch. 251, acts of

1874, and ch. 46,

acts 1875, re

pealed.

Chapter 130.

An act to amend chapter two hundred and twenty-nine of the Public Laws of one thousand eight hundred and seventy-four, entitled "an act further to extend the powers of School Districts."

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Chapter two hundred and twenty-nine of the public laws of the year one thousand eight hundred and seventy-four, entitled "an act further to extend the powers of school districts," is hereby repealed.

Approved February 23, 1876.

Ch. 229, public pealed.

law's 1874, re

Chapter 131.

An act amendatory of chapter one hundred twenty-four of the Public Laws of the year eighteen hundred and seventy-three, in aid of Free High Schools.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

The second section of the one hundred and twenty-fourth chapter of the public laws of the year one thousand eight hundred and seventy-three, is hereby amended by striking out the words provided that no town," in the twenty-third line of said section, and inserting in lieu thereof the words 'furthermore, any town or district;' also by inserting the words or district,' between the

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Sec. 2. ch. 124,

public laws 1873,

amended.

CHAP. 132. word "town" and the word "for," in the twenty-seventh line of said section, so that the same shall read, when amended, as follows:

Free high schools, any town may establish two.

--state aid allowed.

may establish.

Proviso.

'SECT. 2. Any town may establish and maintain not exceeding two free high schools; and when two such schools are maintained, shall be entitled to receive the same state aid as if the expenditures of both schools had been made for one school. Two or more adjoining towns may unite in establishing and maintaining a free high school, and both receive the same state aid as if such school had been maintained by one town. So long as any town shall -school districts decline to avail itself of the provisions of this act, any school district, or union of districts in such town, may establish and maintain a free high school, and receive state aid the same as the town might have done; provided, that no more than two such free high schools shall be established in any town, and that the amount of state aid extended to the districts in any town shall not exceed the sum that the town might have received. Two or -school districts more adjoining school districts in different towns may establish and maintain a union free high school, and, with the consent of both towns, may receive a proportional part of such state aid, to be determined as provided by section eight, but in no case to exceed the amount that either town might have received. Towns -maintained by shall receive in trust, and faithfully expend, donations and bequests made to aid in the maintenance of free high schools, and shall receive state aid in such cases to the same extent and on the same conditions as if such schools had been established and maintained by taxation; furthermore, any town or district shall be entitled to receive such state aid on any expenditure for a free high school or schools, made from the funds or proceeds of the real estate of an academy or incorporated institution of learning, surrendered or transferred to such town or district for educational purposes.'

in different towns may establish.

--state aid

allowed to.

donations, &c.,

entitled to state aid.

Approved February 23, 1876.

Act of Feb. 21, 1876, amended.

Chapter 132.

An act to amend an act entitled "an act to abolish the Death Penalty and to regulate the manner of Applying for Pardons in certain cases," approved February twentyfirst, in the year of our Lord one thousand eight hundred and seventy-six.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

The act entitled "an act to abolish the death penalty and to regulate the manner of applying for pardons in certain cases,"

COMMENCEMENT OF PROSECUTIONS.-HOUSES OF CORRECTION.

97

approved February twenty-first, eighteen hundred and seventy- CHAP. 133. six, is hereby amended by adding thereto the following section,

viz:

to prior offences.

'SECT. 8. The provisions of this act shall not apply to offences Act not to apply committed before the same goes into effect.'

Approved February 23, 1876.

Chapter 133.

An act to amend chapter one hundred and thirty-three of the Revised Statutes relative to Commencement of Prosecutions.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

R. S., amended.

Malicious prose

cutions, &c.,

accused to be

discharged.

paid.

Section thirteen of chapter one hundred and thirty-three of Sec. 13, ch. 133, the revised statutes, is amended so as to read as follows: 'SECT. 13. If it appears on the whole examination that no offence has been committed, or that there is not probable cause to charge the accused, he shall be discharged; and if the magistrate judges the complaint frivolous or malicious, he shall order cost, by whom the complainant to pay the cost of prosecution and issue execution accordingly. But if it appears that an offence has been committed and there is probable cause to charge the accused, and the offence is bailable, and sufficient bail is offered, it shall be taken may be commit and the accused discharged; but if it is not bailable, or no sufficient bail is offered, the accused shall be committed to prison within jurisdic to await trial. If the offence is within the jurisdiction of the magistrate he shall try it and award sentence thereon.'

Approved February 23, 1876.

Accused may be bail.

discharged on

ted, if offence is not bailable. -shall be tried if

tion of magistrate.

Chapter 134.

An act ro repeal section five, chapter one hundred forty-one of the Revised Statutes, in

relation to Houses of Correction.

Be it enacted by the Senate and House of Representatives in Legis

lature assembled, as follows:

Section five, chapter one hundred and forty-one of the revised Sec. 5, ch. 141, statutes, is hereby repealed.

S., repealed.

Approved February 23, 1876.

R.

CHAP. 135.

Railroad tickets, cancellation and exchange of.

-tickets, &c., given in exchange to continue in force.

Chapter 135.

An act additional to chapter two hundred and twenty-three of the Public Laws of eighteen hundred and seventy-one, regulating Railroad Corporations.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

SECT. 1. The provisions of section one of chapter two hundred and twenty-three of the public laws of eighteen hundred and seventy-one, shall not be construed to prevent railroad corporations from establishing necessary rules and regulations for the cancellation of tickets, and exchange of partially used tickets; such rules and regulations to be publicly posted at each ticket office and on all passenger trains, and when practicable, printed upon the tickets. And any ticket or check given in exchange for the unused portion of a partially used ticket, shall continue in force for the full term of the original ticket, as provided in said section.

SECT. 2. This act shall take effect when approved.

Approved February 23, 1876.

Sec. 7, ch. 30,
R. S., amended.

Certificates for bounty on wild animals to be laid

before governor and council.

Chapter 136.

An act to amend section seven of chapter thirty of the Revised Statutes, relating to
Bounty on Wild Animals.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Section seven of chapter thirty of the revised statutes, is hereby amended by striking out the word "legislature," wherever it occurs in said section, and inserting instead thereof the words 'governor and council,' so that said section when amended shall read as follows:

'SECT. 7. Said certificates and receipts shall annually, in the month of December, be transmitted to the treasurer of state, and by him laid before the governor and council as early as convenient; and when allowed by the governor and council shall be paid by the treasurer of state to such towns.'

Approved February 23, 1876.

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