ACT 326. AN ACT to amend Sections 3184 and 3185 of Kirby's Digest of the Statutes of Arkansas and for other purposes. SECTION I. 2. 3. 4. Amends Section 3184 of Kirby's Digest, as to statements of witnesses. Amends Section 3185 of Kirby's Digest, as to form of certificate officer in relation to statement of witness. Depositon may be written by stenographer, who must be sworn. Witness to sign deposition after it is written by stenographer. Be it enacted by the General Assembly of the State of Arkansas: SECTION I. That Section 3184 of Kirby's Digest be amended to read as follows: Section 3184. The statement of the witness must be written in the presence of the officer taking it either by the witness, or the officer, or by any one who may be called on to do the writing by the officer. SECTION 2. That Section 3185 of Kirby's Digest be amended to read as follows: Section 3185. The certificate of the officer shall state the time and place of taking the deposition; that the witness was duly sworn before he gave his testimony, and that his testimony was written, read to and subscribed by him in the presence of the officer; and which of the parties in person, or by agent, or attorney, was present at the examination of the witness. SECTION 3. That the deposition may be written by a stenographer, who must be sworn by the officer before whom it is taken that he will correctly write and transcribe the same. SECTION 4. That if the deposition is written by a stenographer, the witness may appear before the officer taking the same after the deposition has been transcribed, and sign the same. Provided, The parties to the suit may at the time of taking waive the witness' signature. Provided, further, that if the signature is waived by the parties, the officer before whom the same is taken must so certify. Approved May 11, 1905. АСТ 327. AN ACT to amend Sections 4371, 4372, 4373 and 4374, Kirby's Digest. SECTION I. Amends Section 4371 of Kirby's Digest, relating to fire, accident or employers' liability insurance companies. 2. Amends Section 4372 of Kirby's Digest, relating to the payment of brokerage or commissions by agents to nonresident companies. 3. Amends Section 4373 of Kirby's Digest; Auditor may investigate any alleged violations of Act. License may be revoked. 4. Amends Section 4374 of Kirby's Digest, further powers of the Auditor. 5. Laws in conflict repealed; Act in force from passage. Be it enacted by the General Assembly of the State of Arkansas: SECTION I. That Section 4371, Kirby's Digest, be amended to read as follows: Any fire insurance company, accident or employers' liability insurance company, steam boiler insurance company or surety company authorized to do business in this State is hereby prohibited from authorizing or allowing any person, agent, firm or corporation who is a nonresident of the State of Arkansas to issue or cause to be issued its own policy or policies of insurance or reinsurance on property or persons located in the State of Arkansas. SECTION 2. That Section 4372, Kirby's Digest, be amended to read as follows: Any person, agent, firm or corporation licensed by the Auditor to act as agent for any fire insurance company, accident or employers' liability insurance company, steam boiler insurance company or surety company, in the State of Arkansas, is hereby prohibited from paying directly or indirectly any commission, brokerage or other valuable consideration on account of any policy or policies covering any property or persons in the State of Arkansas, to any person, agent, firm or corporation who is a nonresident of the State, or to any person, firm, agent or corporation not duly authorized and licensed by the Auditor as agent for any fire insurance company, accident or employers' liability insurance company, steam boiler insurance company or surety company. SECTION 3. That Section 4373, Kirby's Digest, be amended to read as follows: That whenever the Auditor shall have or receive notice or information of any violation of any of the provisions of this Act, he shall immediately investigate or cause to be investigated such violation, and if a fire insurance company, accident or employers' liability insurance company, steam boiler insurance company or surety company has violated any of such provisions aforesaid, he shall immediately revoke its license for not less than three months nor more than six months for first offense, and for each offense thereafter for not less than one year, and if a person, agent, firm or corporation licensed by the Auditor [as] or agent for a fire insurance company, accident or employers' liability insurance company, steam boiler insurance company or surety company, shall violate or cause to be violated any of the provisions of this Act, he shall for the first offense have his license revoked for all companies for which he has been licensed, for not less than three months nor more than six months, and for second offense he shall have his license revoked for all companies for which he is licensed and shall not thereafter be licensed for any company for one year from date of such revocation. SECTION 4. That Section 4374, Kirby's Digest, be amended to read as follows: For the purpose of enforcing the provisions of this Act the Auditor is hereby authorized and empowered to examine persons, administer oaths and send for papers and records, and failure or refusal upon the part of any fire insurance company, accident or employers' liability insurance company, steam boiler insurance company or surety company, person, agent, firm or corporation licensed to do business in this State, to appear before the Auditor when requested to do so, or to produce records and papers, or answer under oath, shall subject such fire insurance company, accident or employers' liability insurance company, steam boiler insurance company, person, agent, firm or corporation to the penalties of this Act. SECTION 5. That all laws and parts of laws in conflict herewith are hereby repealed, and this Act shall take effect from and after its passage. Approved May 11, 1905. AN ACT to provide for contests in legal primary elections. SECTION I. 2. 3. Defeated candidates may contest in chancery courts. Power chancellor to bring ballots, etc., before him. Chancellor to hear case speedily as possible. 4. Repeals all laws in conflict. Act takes effect at passage. Be it enacted by the General Assembly of the State of Arkansas: SECTION I. That any defeated candidate at any legalized primary election in this State may contest such an election before the chancellor at chambers or the chancery court of the chancery district in which such an election took place, by giving the contestee five days' notice in writing, which notice shall be served as other process is served, and by filing a complaint in equity setting forth the grounds of such contest in the county where such contest originated. Said contest shall be heard by such chancellor at chambers or the chancery court if it be in session in the county where the contest originated, upon depositions, affidavits, or oral testimony. SECTION 2. The chancellor at chambers or the chancery court shall have the power to have the ballots, ballot boxes, poll books, and tally sheets used at such an election brought before him and investigated and the ballots recounted, and do all other acts and things necessary to arrive at the true result of such an election. SECTION 3. The chancellor at chambers or the chancery court shall hear and determine such contest speedily |