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Session Laws, 1858
Volume 624, Page 657   View pdf image
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THOMAS H. HICKS, ESQUIRE, GOVERNOR.

657

SEC. 7. And be it enacted, That it shall be the
duty of the Comptroller to ascertain, from time
to time, whether any of the provisions of this act
have been violated, and to give notice of such
violations to the State's Attorney of the city or
county where the person or persons violating the
same shall reside; and it shall he the duty of the
said State's Attorney to give notice of the require-
ments of this act to the person or persons violat-
ing the provisions of this law, and unless the said
person or persons shall within thirty days after
said notice obtain a license as hereinbefore pro-
vided, it shall he the duty of the said State's At-
torney to proceed to enforce the penalty as pro-
vided for in the third section of this act, and to
give notice by public advertisement that all poli-
cies issued or insurances made by said agent or
agents after the expiration of the said thirty days
are absolutely null and void.

Duty of Comp-
troller.

SEC. 8. And be it enacted, That in all cases in
which any person or persons shall be sued or pro-
secuted for any violation of this act, it shall be
sufficient to prove on behalf the State, either that
the said person or persons did advertise or hold
himself or themselves out by any publication,
card or circular, as agent for the said individual,
association or corporation, or that he or they kept
an office or other place for the transaction of such
business, or that he or they did make insurance
or receive or transmit an oner or offers for insu-
rance to his or their principals, or that he or
they did receive or deliver a policy or policies of
insurance, or an instrument or instruments of the
tenor and effect thereof, and it shall be sufficient
to prove that the name of the corporation set
forth in the suit or indictment is that under and
by virtue of which the said agent or agents has
or have professed to act, and the burthen of proof
that such incorporation is not incorporated by the
State of Maryland but is incorporated by some
other State or nation, shall not rest upon the
said State in any suit or prosecution, but it
shall be incumbent upon the defendant or de-
fendants, traverser or traversers, to show that the
corporation for which the said defendant or
defendants, traverser or traversers, may have
acted as agents was duly incorporated by this

Evidence ne-
cessary to con-
vict any person
charged with a
violation of the
provisions of
this act.



 
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Session Laws, 1858
Volume 624, Page 657   View pdf image
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