CHAP. 158

This company shall not be liable beyond the actual value of the insured property at the time any loss or damage happens. In consideration of dollars to it paid by the insured, hereinafter named, the receipt whereof is hereby acknowledged, does insure legal representatives against

and

loss or damage by fire, to the amount of

dollars.

(Description of property insured.) Bills of exchange, notes, accounts, evidences and securities of property of every kind, books, wearing apparel, plate, money, jewels, medals, patterns, models, scientific cabinets and collections, paintings, sculpture and curiosities are not included in said insured property, unless especially mentioned. Said property is insured for the term of

on the
and

day of

beginning

, in the year nineteen hundred at noon, and continuing until the day of in the year nineteen hundred and , at noon, against all loss or damage by fire originating from any cause except invasion, foreign enemies, civil commotions, riots or any military or usurped power whatever; the amount of said loss or damage to be estimated according to the actual value of the insured property at the time when such loss or damage happens, but not to include loss or damage caused by explosions of any kind unless fire ensues, and then to include that caused by fire only.

This policy shall be void if any material fact or circumstance stated in writing has not been fairly represented by the insured, or if the insured now has or shall hereafter make any other insurance on the said property without the assent in writing or in print of the company, or if, without such assent, the said property shall be removed, except that, if such removal shall be necessary for the preservation of the property from fire, this policy shall be valid without such assent for five days thereafter, or if, without such assent, the situation or circumstances affecting the risk shall, by or with the knowledge, advice, agency, or consent of the insured, be so altered as to cause an increase of such risks, or if, without such assent, the said property shall be sold, or this policy assigned, or if the premises hereby insured shall become vacant by the removal of the owner or occupant, and so remain vacant for more than thirty days without such assent, or if it be a manufacturing establishment, running in whole or in part extra time, except that such establishments may run in whole or in part extra hours, not later than nine o'clock P. M., or if such establishments shall cease operations for more than thirty days without permission in writing indorsed hereon,

or if the insured shall make any attempt to defraud the company, either before or after the loss, or if gunpowder or other articles subject to legal restriction shall be kept in quantities or manner different from those allowed or prescribed by law, or if camphene, benzine, naphtha, or other chemical oils or burning fluids shall be kept or used by the insured on the premises insured, except that what is known as refined petroleum, kerosene, or coal oil, may be used for lighting, and in dwelling houses, kerosene oil stoves may be used for domestic purposes, to be filled when cold, by daylight, and with oil of lawful fire test only.

If the insured property shall be exposed to loss or damage by fire, the insured shall make all reasonable exertion to save and protect the same.

In case of any loss or damage under this policy, a statement in writing, signed and sworn to by the insured, shall be within a reasonable time rendered to the company setting forth the value of the property insured, the interest of the insured therein, all other insurance thereon, in detail, the purposes for which and the persons by whom the building insured, or containing the property insured, was used and the time at which and manner in which the fire originated, so far as known to the insured. The company may also examine the books of account and vouchers of the insured, and make extracts from the same.

In case of any loss or damage, the company, within sixty days after the insured shall have submitted a statement, as provided in the preceding clause, shall either pay the amount for which it shall be liable, which amount if not agreed upon shall be ascertained by award of referees as hereinafter provided, or replace the property with other of the same kind and goodness, or it may, within fifteen days after such statement is submitted, notify the insured of its intention to rebuild or repair the premises, or any portion thereof separately insured by this policy, and shall thereupon enter upon said premises and proceed to rebuild or repair the same with reasonable expedition. It is moreover understood that there can be no abandonment of the property insured to the company, and that the company shall not in any case be liable for more than the sum insured, with interest thereon from the time when the loss shall become payable, as above provided.

If there shall be any other insurance on the property insured, whether prior or subsequent, the insured shall recover on this policy no greater proportion of the loss sustained than the sum hereby insured bears to the whole amount insured thereon.

CHAP. 158

CHAP. 158

And whenever the company shall pay any loss, the insured shall assign to it, to the extent of the amount so paid, all rights to recover satisfaction for the loss or damage from any person, town, or other corporation, excepting other insurers; or the insured, if requested, shall prosecute therefor at the charge and for the account of the company.

If this policy shall be made payable to a mortgagee of the insured real estate, no act or default of any person other than such mortgagee or his agents, or those claiming under him, shall affect such mortgagee's right to recover in case of loss on such real estate; provided, that the mortgagee, shall, on demand, pay according to the established scale of rates for any increase of risks not paid for by the insured; and whenever this company shall be liable to a mortgagee for any sum for loss under this policy, for which no liability exists as to the mortgagor, or owner, and this company shall elect by itself, or with others, to pay the mortgagee the full amount secured by such mortgage, then the mortgagee shall assign and transfer to the companies interested, upon such payment, the said mortgage, together with the note and debt thereby secured.

This policy may be canceled at any time at the request of the insured, who shall thereupon be entitled to a return of the portion of the above premium remaining, after deducting the customary monthly short rates for the time this policy shall have been in force. The company also reserves the right, after giving written notice to the insured, and to any mortgagee to whom this policy is made payable, and tendering to the insured a ratable proportion of the premium, to cancel this policy as to all risks subsequent to the expiration of ten days from such notice, and no mortgagee shall then have the right to recover as to such risks.

In case of loss under this policy and a failure of the parties to agree as to the amount of loss, it is mutually agreed that the amount of such loss shall be referred to three disinterested men, the company and the insured each choosing one out of the three persons to be named by the other, and the third being selected by the two so chosen; the award in writing by a majority of the referees shall be conclusive and final upon the parties as to the amount of loss or damage, and such reference unless waived by the parties, shall be a condition precedent to any right of action in law or equity to recover for such loss; but no person shall be chosen or act as a referee against the objection of either party, who has acted in a like capacity within four months.

No suit or action against this company for the recovery of any claim by virtue of this policy shall be sustained in any court

of law or equity in this state unless commenced within two years from the time the loss occurred.

Company has caused

In witness whereof, the said this policy to be signed by its president, and attested by its secretary, or by such proper officers as may be designated, at their office, in

Date

CHAP. 159

Section 3. This act shall take effect May first, one thousand When act nine hundred and five.

shall take effect.

Approved March 24, 1905.

Chapter 159.

An Act relating to the Compensation of certain State Officers.

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

Section I. The secretary of state shall receive an annual salary of salary of two thousand five hundred dollars.

Section 2. The insurance commissioner shall receive an annual salary of eighteen hundred dollars. The governor and council may allow such reasonable sum for postage, clerk hire, and actual expenses incurred in the proper enforcement of the laws relating to insurance, as they deem proper. The deputy insurance commissioner shall receive an annual salary of twelve hundred dollars.

secretary of state.

Salary commis --postage,

of insurance

sioner.

clerk hire and expenses.

salary insurance

of deputy

commissioner.

Salary,

of bank

Section 3. The bank examiner shall receive an annual salary of two thousand five hundred dollars. In addition to his salary examiner. he shall receive actual traveling expenses, to be audited by the --traveling governor and council.

expenses.

the

Salaries shall

Said

be paid

quarterly and

shall be in full

for all official

services.

Section 4. Said salaries shall be paid quarterly from state treasury and shall be in full for all official services. officers shall collect the legal and usual fees payable to them by virtue of their offices, and account to and pay over the same to the treasurer of state on the first days of January, April, July of fees. and October of each year.

Section 5. The clerk of the state assessors shall receive an annual salary of twelve hundred dollars, payable quarterly from the state treasury.

--disposition

Salary,
state

of clerk of

assessors.

Section 6. This act shall take effect on the first day of July, This act shall one thousand nine hundred and five.

take effect July 1, 1905.

Approved March 24, 1905.

CHAP. 160

Bounty on bears in Franklin

county.

--statement shall be in writing, signed and sworn to.

Chapter 160.

An Act providing for a Bounty on Bears in Franklin county.

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

A bounty of five dollars for every bear killed in Franklin county by any bona fide resident of this state, and actually domiciled in said state, may be paid by the state treasurer upon the production by the applicant therefor of an inland. fish and game warden's certificate in the form set forth in schedule A herein set forth. Every warden before issuing any such certificate shall require the applicant therefor to sign and swear to a statement in writing in the form set forth in said schedule A, which oath said warden is hereby authorized to administer, and shall also require the production by such applicant of the entire skin of the animal for the killing of which such bounty is claimed, with the nose thereof in as perfect a state as when killed, excepting natural decay; and the said warden shall thereupon cut off the whole of the nose from such skin and entirely destroy it by burning. Every such statement in writing, sworn to under the provisions of this section, shall forthwith upon the taking thereof be forwarded by the warden taking the same to the state treasurer.

at
I

to

in the county of Franklin, and state of Maine, , killed the bear, the skin of which I now exhibit

, game warden, and I claim the bounty allowed by

Subscribed and sworn to before me the day and year afore

Form of warden's certificate.

I hereby certify, that, as required by law, I have cut off the whole of the nose from the skin of the bear described in the certificate of day of

claimant, made before me the

A. D. 190, and have destroyed the same by