be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one hundred nor more than five hundred dollars for each offense.

1899, c. 54, s. 94; 1907, c. —.

Sec. 509 (3485). Agent to exhibit license.

If any agent of any insurance company shall, on demand of any person from whom he shall solicit insurance, fail to exhibit a certificate from the insurance commissioner bearing the seal of his office, and dated within one year from such demand, he shall be fined five dollars or imprisoned ten days for each offense.

1899, c. 54, s. 81.

Sec. 510 (3486). Agent obtaining premiums by false representations.

If any insurance agent or broker knowingly procures by fraudulent representations payment, or the obligation for the payment of a premium of insurance, he shall be punished by a fine of not less than one hundred nor more than five hundred dollars, or be imprisoned for not more than one year.

1899, c. 54, s. 76.

Sec. 511 (3487). Agents, etc., making false statements.

If any solicitor, agent, examining physician or other person shall knowingly or willfully make any false or fraudulent statement or representation in or with reference to any publication for insurance, or shall make any such statement for the purpose of obtaining fee, commission, money or benefit in any corporation transacting business in this state, he shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or imprisonment in the county jail for not less than thirty days nor more than one year, or both, at the discretion of the court; and if any person shall willfully make a false statement of any material fact or thing in a sworn statement as to the death or disability of a policy or certificate holder in any such corporation, for the purpose of procuring payment of a benefit named in the certificate. of such holder, he shall be guilty of perjury.

1899, c. 54, s. 60.

Sec. 512 (3488). Agents signing certain blank policies.

If any agent, commissioned or otherwise, of any steam-boiler, liability, accident, plate-glass, or fidelity insurance company shall sign any blank contract or policy of insurance, upon conviction thereof he shall be fined for each offense not less than one hundred dollars nor more than two hundred dollars.

1899, c. 54, ss. 108, 109.

Sec. 513 (3489). Agent guilty of larceny.

If any insurance agent or broker who acts in negotiating a contract of insurance by an insurance company lawfully doing business in this state embezzles or fraudulently converts to his own use, or with intent to use or embezzle, takes, secretes, or otherwise disposes of, or fraudulently withholds, appropriates, lends, invests, or otherwise uses or applies any money or substitute for money received by him as such agent or broker, contrary to the instructions or without the consent of the company for or on account of which the same was received by him, he shall be deemed guilty of larceny.

1889, c. 54, s. 103.

Sec. 514 (3490). Agent violating insurance law.

If any person, either as principal or agent, or pretending to be such, shall solicit, examine or inspect any risk, or shall examine into, adjust, or aid in adjusting any loss, or shall receive, collect or transmit any premium of insurance, or shall do any other act in the soliciting, making or executing any contract of insurance of any kind otherwise than the law permits, he shall be deemed guilty of a misdemeanor, and on conviction shall pay a fine of not less than two hundred dollars nor more than five hundred dollars, or be imprisoned not less than one nor more than two years, or both, at the discretion of the court.

1899, c. 54, s. 115.

Sec. 515 (3491). Agent's compensation, unlawful restriction of.

It shall be unlawful for any fire insurance company, association or partnership doing business in this state employing an agent who is employed by another fire insurance company, association or partnership, either directly or through any organization or association, to enter into, make or maintain any stipulation or agreement in restraint of or limiting the compensation which said agent may receive from any other fire insurance company, association or partnership. The penalty for any violation of this section shall be a fine of not less than two hundred and fifty dollars nor more than five hundred dollars and the forfeiture of license to do business in this state for a period of twelve months thereafter.

1905, c. 424.

·Sec. 516 (3492). Company advertising assets without liabilities.

If any company or any agent thereof issues or circulates advertisements in which any such company publishes its assets and does not in the same connection and with equal conspicuousness publish

its liabilities computed on the basis allowed for its annual statements, or any publication purporting to show its capital which exhibits more than the amount of such capital as has been actually paid in cash, it or he shall be punished by a fine of not less than fifty nor more than two hundred dollars.

1899, c. 54, ss. 18, 96.

Sec. 517 (3493). Company making false statement.

If any insurance company in its annual or other statement required by law shall willfully misstate the facts, the insurance company and the person making oath to or subscribing the same. shall severally be punished by a fine of not less than five hundred. nor more than one thousand dollars. Any person making oath to such false statement shall be guilty of the crime of perjury. 1899, c. 54, s. 97.

Sec. 518 (3494). Failure to exhibit books on demand.

If any person having in his possession or control any books, accounts or papers of any person licensed under the insurance law shall, on demand, refuse to exhibit the same to the insurance commissioner, or shall knowingly or willfully make any false statement in regard to the same, such person shall be deemed guilty of a misdemeanor, and, upon conviction thereof shall be fined or imprisoned, or both, at the discretion of the court.

1899, c. 54, s. 76.

Sec. 519 (3495). Fire company reinsuring in unauthorized company.

If any fire nsurance company shall, directly or indirectly, reinsure any risk taken by it on any property located in North Carolina in any company not duly authorized to transact business herein, the insurance agent and the company effecting or acting in the negotiation of such reinsurance shall severally be punished by a fine of five hundred dollars.

1899, c. 54, ss. 63, 98.

Sec. 520 (3496). Mutual fire, guaranteeing against assessments.

If any director or other officer of a mutual fire insurance company, either officially or privately, shall give a guarantee to a policy-holder thereof against an assessment to which such policy-. holder would otherwise be liable, he shall be punished by a fine not exceeding one hundred dollars for each offense.

1899, c. 54, s. 100.

Sec. 521 (3497). Reinsurance; medical examination.

If any domestic life insurance company shall reinsure its risks, except by permission of the insurance commissioner, exceeding one-half of any individual risk, or if any life insurance company organized under the laws of, or doing business in, this state shall enter into any contract of insurance upon lives within this state without having previously made or caused to be made a prescribed medical examination of the insured by a registered medical practitioner, such insurance company, or any officer, agent or other person soliciting or effecting, or attempting to effect a contract. of insurance contrary to this section, shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding one hundred dollars for each offense.

1899, c. 54, s. 58.

Sec. 522 (4814). Premium, payment to broker, etc., valid; obtaining by fraud, a crime.

An insurance agent or broker who acts for a person other than himself in negotiating a contract of insurance shall, for the purpose of receiving the premium therefor, be held to be the company's agent, whatever conditions or stipulations may be contained in the policy or contract. Such agent or broker knowingly procuring by fraudulent representations payment, or the obligation for the payment of a premium of insurance, shall be punished as by law provided.

1899, c. 54, s. 69.

Note. Agent fraudulently obtaining premium guilty of a crime, see s. 3486.

Sec. 523. Forms to be submitted.

It shall be unlawful for any insurance company, association. or order or society doing business in this State, after the first day of July, one thousand nine hundred and seven, to issue, sell or dispose of any policy, contract or certificate for less than five hundred dollars ($500.00), or use applications in connection therewith, until the forms of which have been submitted to and approved by the Insurance Commissioner of North Carolina and copies filed in the Insurance Department.

1907, c. 879.

Sec. 524. Contributions for political purposes.

SECTION 1. That no insurance company or association, including fraternal beneficiary associations, doing business in this State shall, directly or indirectly, pay or use, or offer, consent or agree to pay or use any money or property for or in aid of any political

party, committee or organization, or for or in aid of any corporation, joint-stock or other association organized or maintained for political purposes, or for or in aid of any candidate for political office, or for nomination for such office, or for any political purpose whatsoever, or for the reimbursement or indemnification of any person for money or property so used. Any officer, director, stockholder, attorney or agent of any corporation or association which violates any of the provisions of this act, who participates in, aids, abets or advises, or consents to any such violation, and any person who solicits or knowingly receives any money or property in violation of this act, shall be guilty of a misdemeanor, and be punished by imprisonment for not more than one year and a fine of not more than one thousand dollars; and any officer aiding or abetting in any contribution made in violation of this act shall be liable to the company or association for the amount so contributed. And the Insurance Commissioner may revoke the license of any company violating this act. No person shall be excused from attending and testifying, or producing any books, papers or other documents before any court or magistrate, upon any investigation, proceeding or trial for a violation of any of the provisions of this act, upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate or degrade him; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be used against him upon any criminal investigation or proceeding.

SEC. 2. Any person violating the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be fined not more than one hundred dollars or imprisoned not more than thirty days, or both, at the discretion of the court.

1907, c. 121.

INTENT.

When an act itself is equivocal, and becomes criminal only by reason of the intent with which it is done, both must unite to constitute the offense, and both must be proved to warrant a conviction. Smith, 93-516.

Intent is defined to be a steadfast resolve and deep-rooted purpose, or a design formed after carefully considering the consequences. Thomas, 118—

1113.

Where an act is forbidden by statute the doing of it constitutes the offense, and the intent with which it was done is immaterial. Railway, 122-1052.