Pennsylvania Act 1850-110 — INSURANCE POLICIES LOST - COPIES TO BE MADE OF

Act text

INSURANCE POLICIES LOST - COPIES TO BE MADE OF
                  Act of Mar. 4, 1850, P.L. 126, No. 110              Cl. 40
                                  AN ACT

     To supply lost policies of insurance.

        Section 1.  Copy of lost policy to be furnished
        Whenever any policy of insurance upon any property, real or
     personal, granted by any body corporate or politic, shall have
     been lost or destroyed, such body corporate or politic shall, on
     proof of the loss or destruction of the same, in the manner
     hereinafter provided, furnish to the person or persons, whose
     policy has been so lost or destroyed, a copy of the same,
     together with the transfers which have been approved and
     recorded on the books of such body corporate, if any, which may
     have been made by the original or any subsequent grantee of such
     policy to the person or persons having the same, at the time of
     the loss or destruction thereof; the copy so made to be as
     effectual for the security and indemnification of the person or
     persons holding the same, as the original, and subject like it
     to transfer to any person purchasing the property insured.
     1850, March 4, P.L. 126, Sec. 1.
        Section 2.  Proceedings in case of lost policy
        On the application of any person or persons to the court of
     common pleas of the county in which the property has been
     insured, setting forth the loss or destruction of the policy of
     insurance, on oath or affirmation, together with a description
     of the property, the amount for which it was insured, the person
     or persons to whom granted, if practicable, together with a
     mesne transfers thereof, the court shall grant a rule on the
     body corporate or politic which granted such policy of
     insurance, commanding such body corporate or politic to appear
     before said court, on a day certain, not less than twenty days
     from the service of said rule, to show cause why a copy of such
     policy of insurance should not be supplied, in pursuance of the
     provisions of the first section of this  act (section 467 of
     this and on the default of such body corporate or politic to
     appear and show cause why such copy as aforesaid should not be
     supplied, the court shall issue a mandate to such body corporate
     or politic, to furnish such copy in ten days after service of
     the same; and on the neglect or refusal of such body corporate
     or politic, to furnish a copy as aforesaid, the court, on due
     proof of the service of such mandate, and the neglect or refusal
     of such body corporate or politic to furnish such copy, shall
     direct a judgment to be entered by the prothonotary in favor of
     the person or persons making the application, against the said
     body corporate or politic, for the sum for which the said policy
     of insurance was granted, which said judgment shall stand for
     the security of the plaintiff or plaintiffs, for such time as
     the policy of insurance itself would have done, and for the like
     purposes; and the costs of the proceedings shall be paid by the
     defendant; and the officers rendering services shall receive the
     like fees as are now allowed by law for similar services.  1850,
     March 4, P.L. 126, Sec. 2.
        Section 3.  Service of process; proof of demand and tender
        The rule and mandate to be issued under the provisions of the
     preceding section shall be directed to the sheriff of the city
     or county in which the body politic or corporate has its office,
     or any branch or agency thereof, and the service shall be
     sufficient, if made upon the president, secretary, treasurer, or
     authorized agent thereof: Provided, That no rule shall be
     entertained by the court, such as is authorized by the second
     section of this act, unless the person or persons entitled to
     the benefit of the policy, his agent or attorney, shall make
     oath or affirmation that the policy of insurance has been lost
     or destroyed, and that a demand for a copy of such policy was
     previously made of the president, secretary, treasurer or
     authorized agent of the body corporate or politic which granted
     it, and a tender of not less than one dollar for the expenses of
     making such copy. 1850, March 4, P.L. 126, Sec. 3.