Chap. 252.—An ACT to amend sections 22 and 32, chapter 36, Code of
1873, in reference to foreign insurance companies. |

Approved March 30, 1877.

1. Be it enacted by the gencral assembly of Virginia, That
sections twenty-two and thirty-two, chapter thirty-six, Code
of eighteen hundred and seventy-three, be amended and re-
enacted so as to read as follows: |

§ 22. If any such agent or atturney shall die, or become
insape, or remove without this state, or resign, or be re-
moved, it shall be the duty of such corporation to make a
new appointment as aforesaid, and file a copy with the said
auditor of public accounts as above prescribed: provided that
if such corporation shall fail to make such new appointment
of agent or attorney upon the death or insanity of any such
agent or attorney so appointed as aforesaid, the personal rep-
resentative of any such deceased agent, and the committec
of any such insane agent, shall be regarded and held as agent
or attorney, authorized to accept service of process against
such corporation and entering appearance as aforesaid; and
if such corporation shall fail to make such new appointment
of agent or attorney upon the rémoval or resignation of any
such agent or attorney, so appointed as aforesaid, then tho
auditor of public accounts shall be authorized to accept ser-
vices of process against such corporation and enter appear-
ances as aforesaid; so that at all times, and while any habil-
ity remains outstanding on such insurance, there shall be
within this state an attorney authorized as aforesaid; and no
such power of attorney shall be revoked until after a like
power has been given to some competent person and a copy
thereof filed as aforesaid.

. § 32. If the said company shall fail to pay any of its lia-
bilities on said polices of insurance according to the terms of
said policies, when the same shall have been adjusted between
the parties in the mode provided in the policies, if a mode is
specified therein, or when the same sall have been ascer-
tained in any mode agreed upon by the parties, or by the
judgment, order or decree of a court having jurisdiction
thereof, the treasurer shal], upon the application of the party
to whom the debt or money is due, proceed to sell at auction
such an amount of said bonds as, with the interest in his
hands, will pay the amount due and the expenses of sale, and
out of the proceeds of such sale shall pay the amount 80 due,
and the said expenses of sale: provided that the party making
the application to the treasurer shall give to the dompany, or
an agent of the company in this state, ten days’ notice of his
intention to make said application. And whenever there are
conflicting claimants of such bonds, and the treasurer cannot
determine to whom the said bonds or the proceeds thereof
should be paid or delivered, he may present his petition to
the circuit court of Richmond city, asking the said court to
determine to whom the said bonds, or their proceeds should
be paid or delivered. Notice shall be given of the pendency
of such petition by advertisement, once a week for four
weeks, in some newspaper published in Richmond city. The
said treasurer may employ counsel to appear in his behalf,
and the expenses shall be paid out of the said bonds or their
proceeds.

2. It shall be the duty of any such agent or attorney, upon
receiving service of process in any suit against such corpora-
tion, to forward immediately by mail a copy of such process
to his principal. Any such agent who shall fail to comply
with this section, shall be liable to such insurance company
tor such damages as may be suffered in consequence of his
failure to perform such duty, to be recovered by appropriate
action. .

3. This act shall be in force from its passage.