Chap. 181.—An ACT to create a fireman’s relief fund and to increase the effi-
ciency of the fire departments in the cities, towns and counties of Virginia.

Approved March 11, 1908.

1. Be it enacted by the general assembly of Virginia, That every
fire or lightning insurance company, corporation or association, doing
business in any city, town, county, or magisterial district in the State
of Virginia, which city, town, county or magisterial district thereof
has or may hereafter have a regular organized fire department under the
control of the mayor, city council or other governing body of the city,
town, county or magisterial district and which has in serviceable con-
dition for fire duty apparatus and equipment amounting in value to
five hundred dollars or more, and which enforces the fire laws to
the satisfaction of the commissioner of insurance, and in which a fire-
men’s relief association has been or may hereafter be chartered, es-
tablished and organized as hereinafter provided, shall return to
the commissioner of insurance of the State of Virginia, a just and
true account of all premiums collected and received from the fire and
lightning insurance business done within the limits of each of said
cities, towns or counties during the year ending December thirty-
first, or such portion thereof as they may have transacted such business
in such cities, towns and counties. Such returns to be made by the
said companies, corporations or association upon forms to be fur-
nished by the commissioner of insurance within sixty days from and
after the thirty-first day of December of each year.

2. That every fire and lightning insurance company, corporation
or association as aforesaid, shall, in addition to such other amounts
as may be required by law to be paid by them, within ninety days
from December thirty-first of each year, deliver and pay to the treas-
urer of the State of Virginia the sum of one dollar out of and from
every one hundred dollars of premiums received and at that rate,
upon the amount of all premiums written on fire and lightning polices
covering property situated within the limits of such cities, towns
and counties during the year ending December thirty-first in each
year, or for such portion of each year as said company, corporation
or association shall have done business in such cities, towns and counties.
The amounts so paid by the said companies, corporations and asso-
ciations from cach city, town and county, respectively, shall consti-
tute a fund for the benefit of the firemen’s relief association of each
city, town or county, respectively, hereinafter provided for, and the
funds,so acquired shall be used for no other purpose and shall be
paid over to the said associations upon appropriations to be from time
to time made by the legislature of Virginia.

3. very such company, corporation or association shall make
accurate returns of all business done, both on fire and lightning in-
surance covering property situated within the limits of each of the
cities, towns and counties, respectively, wherein they shall do business,
and the commissioner of insurance shall annually from such returns
prepare a tabulated statement showing the amount which shall be paid
.by each insurance company on account of the fire and lightning business
transacted in each city, town, county or magisterial district, thereof
separately as the case may be, and shall certify the said statement to
the auditor of public accounts and to the treasurer of the State.

4. The commissioner of insurance shall have authority to investi-
gate in any case in which he may have reason to believe that any fraud,
misrepresentation or mistake has been made in any of the returns pro-
vided for in this act, and it shall be the duty of the commissioner of:
insurance to have the said returns corrected in accordance with the facts
of the case.

5. If any of the said fire or lightning insurance companies, corpo-
rations or associations shall fail to pay into the treasury of the Com-
monwealth at the times and in the manner specified in the preceding
sections of this act, then the amount due by them may be recovered
against such defaulting company in the circuit court of the city of
Richmond after ten days’ notice, on the motion of the said commissioner
and in his name for the use of the Commonwealth; and every fire or
lightning insurance company, corporation or association aforesaid which
shall knowingly or wilfully fail or neglect to report or pay over any of
the moneys due on premiums as aforesaid at the time and in the man-
ner specified in the preceding sections of this act or shall be found
upon examination to have made a false return on business done by
them, shall for each offense also forfeit and pay the sum of three hun-
dred dollars for the use and benefit of the fire department of such city,
town, county or etcetera. .

6. In each city, town, county, or etcetera, complying with and deriving
the benefit of the provisions of this act, there shall be organized a fire-
men’s relief association, except in such cities, towns, counties or et-
cetera, wherein such associations have already been duly chartered and
organized; such firemen’s relief associations shall be chartered under
the general laws of the State by the corporation commission of the
State of Virginia. The treasurer of each of said relief associations, shall
be required to give a good and sufficient bond, with good security to be
approved by the commissioner of insurance, for the faithful and proper
discharge of the duties of his office.

?. The fund arising from the payments, hereinbefore. required to be
made by such fire and lightning insurance companies, corporations
and associations shall, under such proper appropriation laws as the
legislature of Virginia may, from time to time, enact, be turned into
the treasuries of the respective firemen’s relief associations which shall
have full control of the funds derived from the provisions of this act,
and shall disburse the same for the following purposes:

First. For the relief of injured and disabled members of any fire de-
partment of such city, town, county or etcetera.

Second. To provide a relief for those actually depending upon the ser-
vices of any fireman who has lost his life in the fire service of city,
town, county, or etcetera, and for the payment of necessary funeral ex-
penses of any member of such fire department.

8. The firemen’s relief association, as above constituted, shall keep
an accurate account of all moneys received and disbursed by them, and
shall, at the annual meeting of the Virginia State firemen’s associa-
tion, render an itemized statement of the same for publication in the
annual report, a copy of which said report shall be made annually to the
commissioner of insurance, and in case any association in any of the
towns, cities or counties benefited by this act shall neglect or fail to per-
form their duties or shal wilfully mis-appropriate the funds entrusted
to their care, or shall neglect or fail to report at the annual meeting
of the said State association, then the commissioner of insurance shall
withhold any and all future payments to such relief association or their
successors, until the matter has been fully investigated and adjusted
to the proper satisfaction of the commissioner of insurance.

9. The clerks of the city and circuit courts of any town, city, county,
or etcetera, having an organized fire department shall, on or before the
thirty-first day of October of each year, make and file with the commis-
sioner of insurance their certificates stating the existence of such de-
partment, the number of fire engines, hook and ladder trucks, hose
carts, hose wagons, and other fire equipment, in actual use, the number
of organized companies, and the system of water supply in use for such
department, the kind and make of fire alarm equipment, together with
such other facts as the commissioner of insurance may require on a
blank to be furnished by him. If the certificate required by this sec-
tion is not filed with the commissioner of insurance on or before October
thirty-first in any year, the town, city or county so failing to file such
certificate shall be deemed to have waived and relinquished its rights
for such year to the appropriation herein provided for.

10. For the purpose of supervision and a guaranty that the provi-
sions of this act shall be honestly administered in a businesslike manner,
it is provided that every fire departinent enjoying the benefits of this
law shall be a member of the Virginia State firemen’s association and
comply with its constitution and by-laws; and it is further provided that
a sum not to exceed two per centum of the gross proceeds received bv
each town, city, county, or etcetera, from the provisions of this act shall
be turned over to the said State firemen’s association for general pur-
poses.