ART. 23] FOREIGN INSURANCE COMPANY——PROCESS. 621

missioner of this State; and snch power of attorney can not be revoked
or modified (except that a new one may be substituted), so long as any
policy or liability remains outstanding against such company in this
State. The term process, used above, shall be held and deemed to
include any writ, summons or order, whereby any action, suit or pro-
ceeding shall be commenced, or which shall be issued in or upon any
action, suit or proceedings, by any court, officer or magistrate; third,
a statement of the condition of the company on the, thirty-first day of
December next preceding, under oath of the president or vice-presi-
dent of the company, with that of the secretary or actuary, as herein-
after provided for; fourth, a certificate of the appointment of a general
agent of the company for this State, and a list of its agents authorized
to transact business for said company within this State; and no cer-
tificate of authority, as hereinafter described, shall be issued to any
person or persons not so designated by the company as agent, except in
the case of solicitors of life insurance, who may be designated by the
general agent of the company for this State.

This section held not to give Maryland courts Jurisdiction over the Internal
affairs of a foreign corporation, nor any visitorial power over it so that its
charter might be forfeited or its officers removed; nor can Maryland courts
exercise authority over the by-laws or the relations between such corpora-
tion and its members growing out of the law of its creation. Object of this
section. Controversy held to relate solely to the Internal management of a
corporation. Condon v. Mutual Reserve Assn., 89 Md. 116.

Where a foreign insurance company has executed the power of attorney
prescribed by this section, service of process of the United States circuit
court on the agent named in such power is valid although the suit is upon
a cause of action of which the state courts could not take jurisdiction under
section 411 of the code of 1904—see section 92. Object of this section. Car-
stairs v. Mechanics' Ins. Co., 13 Fed. 824.

When a New York insurance commissioner in whom the law of that state
vested a discretion to refuse a foreign insurance company a license, unjusti-
fiably refuses such license to a Maryland company, the Maryland insurance
commissioner is justified as a measure of retaliation under section 205, in
refusing a similar New York company a license, although it has complied
with this section. Talbott v. Fidelity, etc., Co., 74 Md. 541.

The whole matter of the service of process on foreign insurance companies
is regulated by the act of 1878, ch. 106, section 30, and section 411 of the
code of 1904 (see section 92), has no application thereto. Oland v Agri-
cultural Ins. Co., 69 Md. 250 (decided in 1888).

Under the act of 1872, ch. 388, section 33, and previous acts, a non-resident
has the right to sue on a policy of insurance issued in this state, although
the insurance company's agency had been withdrawn from the state prior
to the loss. Service of process upon the insurance commissioner, held suffi-
cient. Ben Franklin Ins. Co. v. Gillett, 54 Md. 216.

This section referred to in deciding that a book found among the books
and papers in the office of the insurance commissioner and containing a
document purporting to be a copy of the defendant's charter, was admissible
in evidence. Metropolitan Ins. Co. v. Dempsey, 72 Md. 293.
See notes to sections 159 and 201.

As to foreign insurance companies, see also, section 159, et seg. As to for-
eign corporations in general, see section 90, et seq.

As to process against insurance companies, see also, art. 75, sec. 23.

1904, art. 23, sec. 166. 1888, art. 23, sec. 125. 1880, ch. 387.
183. Every life insurance company, in addition to the above, shall
file, and annually renew, a certificate from the insurance commissioner