Page:United States Statutes at Large Volume 72 Part 1.djvu/66

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[72 Stat. 26]
PUBLIC LAW 85-000—MMMM. DD, 1958
[72 Stat. 26]

26

PUBLIC LAW 85-334-FEB. 22, 1958

[72 S T A T.

than $200 when in his judgment he finds that public interest would be best served by the continued operation of such person. The amount of any such penalty shall be paid by such person through the office of the Superintendent to the Collector of Taxes, District of Columbia. A t any hearing provided by this section, the Superintendent shall have authority to administer oaths to witnesses. Anyone testifying falsely after having been administered such an oath shall be subject to the penalties of perjury." SEC. 9. That section 38 of chapter II of the Fire and Casualty Act (sec. 35-1342, D. C. Code, 1951 edition) is amended to read as follows: eiti%M.* * "' *""" "SEC. 38. The provisions of this Act relating to the licensing of policy-writing agents, soliciting agents, salaried company employees, and brokers shall not apply to the sale of personal accident insurance in the ticket offices of railroad companies or other common carriers, or in the offices of travel bureaus, nor to the business of ocean marine insurance, nor to insurance covering the property of railroad companies and other common carriers engaged in interstate commerce." SEC. 10. That section 39 of chapter II of the Fire and Casualty Act (sec. 35-1343, T). C. Code, 1951 edition) is amended to read as follows: Unauthorized "SEC. 39. Except as provided in section 40, no person shall act as companies.

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agent in the District tor any company which is not authorized to do business in the District, nor shall any person directly or indirectly negotiate for or solicit applications for policies of, or for membership in, any company which is not authorized to do business in the District. The term 'company' as used in this section shall include any association, society, company, corporation, joint-stock company, individual, partnership, trustee, or receiver engaged in the business of assuming risks of insurance, surety, or indemnity, and any Lloyd's organization, assessment, or cooperative fire company, or any reciprocal or interinsurance exchange, and any company, association, or society, whether ' organized for profit or not, conducting a business, including any of the principles or features of insurance, surety, or indemnity. Any Violation; pen- persoii who violates any provision of this section upon conviction shall be fined not less than $100 nor more than $1,000 for each offense, or be imprisoned for not more than tAvelve months, or both, and any such person shall be personally liable to any resident of the District having claim against any such unauthorized company under any policy which said person has solicited or negotiated, or has aided in soliciting or negotiating: Provided, That the provisions of this section shall not apply to any person who negotiates with an unauthorized company for policies covering his own property or interests, nor shall the provisions of this section apply to the officers, agents, or representatives of any company which is in process of organization under the laws of the District, and which is authorized temporarily to solicit or secure memberships or applications for policies for the purpose of completing such organization. Prosecutions for violations of this section shall be upon information filed in the Municipal Court for the District of Columbia by the corporation counsel or any of his assistants." Responsibility. gj;c n. "Where any provision of this Act or any amendment made by this Act refers to an office or agency abolished by Reorganization Plan D.c. Code, title Numbered 5 of 1952 (66 Stat. 824), such provision or amendment ^' °^' shall be deemed to refer to the Commissioners of the District of Columbia or to the office, officer, or agency which the Commissioners have heretofore designated or may hereafter designate to perform the functions of the office or agency so abolished. Approved February 22, 1958.