ING LAWS IN RELATION THERETO," APPROVED MARCH 18, 1901.

Be it enacted by the Legislature of the State of Idaho:

SECTION 1. That section 6 of chapter 2 of an act entitled "An act to provide for an Insurance Commissioner, defining his duties and regulating his compensation, and to regulate life insurance in this State, and to repeal existing laws in relation thereto," approved March 18th, 1901, is hereby amended to read as follows:

Section 6. Every corporation formed for the purpose of mutual insurance on the life or health of persons, or against accidents to persons for life or for any fixed period of time, or to purchase and sell annuities, before it shall be permitted to do business in this State, must have a paid up capital of one hundred thousand dollars or cash assets of that amount invested as required by the laws of this State regulating other insurance companies. SEC. 2. That section 19 of chapter 2 of said act is hereby amended to read as follows:

Section 19. No life insurance corporation or company subject to the provisions of this act shall make any dis crimination in favor of individuals of the same class or of the same expectation of life, either in the amount of premiums charged or in any return of premiums, dividends or other advantages, and such corporation or company, or agent of such corporation or company shall not make any contract for insurance, or agreement as to such contract, other than that which is plainly expressed in the policy issued. No such corporation or agent thereof shall pay or allow, or offer to pay or allow, as an inducement to any person to insure, any rebate of premium or any special favor or advantage whatever in the dividends to accrue thereon, or any inducement whatever not distinctly specified in the policy. A violation of the provisions of this section shall constitute a misdemeanor and, upon conviction, shall subject the party offending to the payment of a fine of not more than three hundred dollars or imprisonment in the county jail for a period not exceeding six months or both such fine and imprisonment, and, if it shall appear to the satisfaction of the Insurance Commissioner, that any corporation is issuing policies or making contracts that are in violation of this

IDAHO SESSION LAWS.

255

section, he shall, upon the written approval of the Attor ney General, revoke the license of such corporation or its agent, or both, to do business in this State. Any such insurance corporation or company, or the agents of such corporation or company, shall, upon demand, in writing by the Insurance Commissioner, furnish him with the form, or forms, of all insurance policies, the form or forms of all contracts for insurance and the form or forms of any other paper, or papers, pertaining to any contract for insurance, or the maintenance of the same, issued. used, or intended or authorized to be issued or used by said corporation or company or by its agents or representatives in and about the business of life insurance carried on by said corporation or company, and upon a failure on the part of said corporation or company, or its agents or representatives, to comply with such demand within a period of fifteen days after service of the same, the In surance Commissioner shall revoke the license of such corporation or company, or its agents, or both, to do business in this State. Service of such demand upon an agent of said corporation or company within this State or a deposit of the same in the postoffice registered, and addressed to the home, or reputed home office of said corporation or company, shall be sufficient service

thereof.

SEC. 3. That section 14 of chapter 2 of said act is hereby amended to read as follows:

Section 14. The commissioner shall collect from each accident, health, fire, marine, inland, casualty or fidelity company, transacting business in this State an annual license of fifty dollars; for filing certified copies of its articles of incorporation, ten dollars; for filing annual statement, ten dollars; for each fire agents certificate of authority, three dollars; said fire agents certificates transferable to successors in office for unexpired term, for each life insurance company an annual license of fifty dollars; for filing a certified copy of its articles of incorporation, ten dollars; for filing each annual statement, ten dollars; for each agent's certificate of authority, five dollars; payable at the time of filing the first statement, and with the exception of fee for filing the articles of incorporation, an

nually thereafter at the time of filing the annual statement in April of each year, and before he shall issue his certificate of authority.

Blank licenses shall be issued and signed by the State. Auditor to the Insurance Commissioner from time to time, as required, and charged to him. The Insurance Commissioner shall make monthly reports on the first of each month to the Auditor of the number of licenses. issued by him. The money derived from the sale of licenses and for filing or other fees under this act shall be paid into the general fund of the State.

SEC. 4. Whereas, an emergency exists therefor this act shall take effcet and be in force from and after its passage.

Approved the 10th day of March, 1903.

HOUSE BILL NO. 154.

AN ACT

TO BE ENTITLED, "AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF DRAINAGE DISTRICTS AND THE CONSTRUCTION AND MAINTENANCE OF A SYSTEM OF DRAINAGE AND TO PROVIDE FOR THE MEANS OF PAYMENT THEREOF, AND DECLARING AN EMERGENCY."

Be it enacted by the Legislature of the State of Idaho:

SECTION 1. Any portion of a county requiring drainage, which contains five or more inhabitants and free holders therein may be organized into a drainage district, and when so organized such district and the board of commissioners hereinafter provided for, shall have and possess the power herein conferred by law upon such district and board of commissioners, and said district shall be known and desig nated as drainage district No...... (here insert number), of the county of. . . . . . . . (here insert the name of the county), of the State of Idaho, and shall have the right to sue and be sued by and in the name of its board of commissioners hereinafter provided for, and shall have perpetual succession, and shall adopt and use a seal. The commissioners hereinafter provided for and their successors in office shall, from the time of the organization of such drainage district, have the power, and it shall be their duty, to manage and conduct the business and affairs of the district, make and execute all necessary contracts, employ and appoint such agent, officers and employees as may be required, and pre

scribe their duties, and perform such other acts as hereinafter provided, or that may hereafter be provided by law.

SEC. 2. For the purpose of the formation of such drainage districts, a petition shall be presented to the board of county commissioners of the county in which said proposed district is located, which petition shall set forth the object for the creation of said district; shall designate the boundaries thereof and set forth therein the number of acres of land to be benefited by the proposed drainage system, and shall also contain the names of all the freeholders residing within said proposed district (so far as known), and shall contain a brief description of the proposed system of drainage, designating a point which shall be an outlet for the drainage of said district; the route over which the same is to be constructed, together with the proposed spurs or branches, if any there may be, and the termini thereof, and set forth the further fact that the establishment of said district and the proposed system of drainage will be conducive to the public health, convenience and welfare, and increase the public revenue, and that the establishment of said district and said system of drainage will be of special benefit to the property included therein. Said petition shall be signed by such a number as own at least a majority of the acreage in the proposed district, and shall pray that the same be organized under the provisions of this act. Said petitioners shall, at the time of the filing of said petition, file a bond with said commissioners, running to the State of Idaho, in the penal sum of five hundred dollars, with two or more sureties, to be approved by the board of county commissioners, conditioned that they will pay all costs in case said district, for any reason, shall not be established.

SEC. 3. Such petition shall be presented at a regular or special meeting of the board of county commissioners of said county, and shall be published for at least two successive issues of some weekly newspaper printed and published in said county, and in case no such newspaper be published or printed in such county, then in some such newspaper of general circulation therein, before the time at which the same is to be presented, together with a notice stating the time of the meeting at which the same shall be presented. When such petition is presented for hearing the board of county commissioners shall hear the same, or

may adjourn said hearing from time to time, not exceeding one month in all, and any person or corporation may appear before said board of county commissioners and make objections to the establishment of said district, or the proposed boundary lines thereof, and upon a final hearing said board of county commissioners shall make such changes in the proposed boundaries as they may deem to be proper, and shall establish and define such boundaries, and shall ascertain and determine the number of acres of land that will be benefited by said proposed drainage system, the number of free holders residing within said boundaries of the said proposed district, and shall find whether the proposed drainage system will be conducive to the public health, welfare and convenience, increase the public revenue, and be of special benefit to the majority of the lands included within said boundaries of the said proposed district so established by said board of county commissioners: Provided, That no changes shall be made by said board of county commissioners in said boundary lines so as to include any territory outside of the boundaries described in said petition: Provided further, That any person or persons owning land within the proposed boundaries and who did not sign said petition, or any person, persons or corporations owning land not included within the proposed boundaries, may file a petition with the board of county commissioners asking that the proposed boundaries be extended so as to include other lands described therein; setting forth in said petition the reasons therefor: Provided, however, That no person, persons or corporations not owning lands included within the proposed boundaries, as originally petitioned for, shall have the right to file such petition unless they ask therein to have their own lands included within the proposed boundaries: Provided further, That any corporation owning land included within the boundaries described in the original petition, may also petition the board of county commissioners for an extension of the proposed boundaries. In such case the board of county commissioners shall give the like notice as provided for in this section of the hearing of the original petition, and the final hearing thereof may, in such case, be continued from time to time for a period not exceeding sixty days, and if upon final hearing the board of county commissioners deem it advisable, and to the best interest of all concerned, they may