INSURANCE 2119

The Commissioner shall be under no obligation personally, or in his official
capacity as Insurance Commissioner to repay any loan made pursuant to
this Section.

1933 (Special Sess.), ch. 40, sec. 51K.

63. Within one year from the date of the entry of an order of re-
habilitation of a domestic mutual insurance company, the Commissioner
shall make a report to the court setting forth the reasonable value of the
assets of the company, its probable liabilities, and the probable necessary
assessment, if any, to pay all allowed claims in full.

Upon the basis of such report, including any amendments thereof, the
court may levy one or more assessments against all members of such mutual
company against whom the board of directors of such company might have
levied any assessment upon the date of the order authorizing rehabilitation.
Such assessment or assessments shall cover the excess of the probable lia-
bilities over the reasonable value of the assets together with the cost of
collection and the probable percentage of uncollectibility thereof, but the
total of all such assessments against any member shall not exceed the
maximum amount fixed in the contract of that member. The Commis-
sioner shall thereupon begin proper proceedings to collect such assessments
from the members, or shall make sale thereof under Section 61 of this
Article.

1933 (Special Sess.), ch. 40, sec. 2.

64. In so far as the provisions of this sub-title are in conflict with other
Acts or parts thereof, the provisions of this sub-title shall control.

1933 (Special Sess.), ch. 40, sec. 3.

65. Should any section or part of a section of this sub-title be held
to be invalid for any reason, such holding shall not be construed as affect-
ing the validity of any of the remaining sections or part of a section of
this sub-title, it being the legislative intent that the remainder of this
sub-title shall stand, notwithstanding the invalidity of such section or part
of section.

Provision in insurance may eliminate one of steps required of injured party by
statute by omitting requirement of unsatisfied execution. Bass v. Standard Ace. Ins. Co.,
70 Fed. (2nd), 87.

An. Code, 1924, sec. 52. 1922, ch. 492, sec. 52.

66. (Proceedings to Vacate Charter.) Whenever the attorney general
of the state or the state's attorney for the city of Baltimore or for any
county of the state shall be required by the insurance commissioner to in-
stitute proceedings against any insurance company incorporated under the
laws of this state, to ascertain whether such corporation has been guilty of
such misuse, abuse or nonuser of its corporate powers and franchises, as by
law would authorize and make proper the forfeiture of its charter, corporate
powers and franchises, the said attorney general or state's attorney, as the
case may be, shall file with the superior court of Baltimore City, or the
circuit court for the county, as the case may be, a petition in the name of
the state, setting forth fully in detail the alleged abuse, misuse or nonuser,
by reason whereof the forfeiture is sought; and upon the filing of such
petition, the court in which it is filed, or any judge thereof, shall lay a rule