1843.

FRANCIS THOMAS, ESQUIRE, GOVERNOR.

chap. 361,

shall give notice thereof in writing, to the directors, or
some one of them, or to the secretary of said company,
within twenty days from the time, such loss or damage
may have happened; and the directors, upon a view of
the same, or in such other way as they may deem proper,
shall ascertain and determine the amount of said loss or
damage; and if the party suffering is not satisfied with
the determination of the directors, the question may be
submitted to referrees, or the said party may bring an ac-
tion against said company, for loss or damage in Carroll
county court, at any time within six months aftei the loss
may have happened, and not afterwards; and if upon trial
of said action a greater sum shall be recorded than the
amount determined upon by the directors or referrees, the
party suffering; shall have judgment therefor against said
company, with interest thereon from the time said loss or
damage happening, and costs of suit; but if no more shall
be recovered than the amount aforesaid the said party
shall have judgment for the amount so recovered, and
shall pay all the costs of said suit, as well his own as

Directors to
settle and de-
termine the
sums to be
paid by mem-
bers.

the costs of said company.
Sec. 8. And be it enacted, That the directors shall,
after receiving notice of any loss or damage by fire sus-
tained by any member, and ascertaining the same, or af-
ter the vendition of any judgment as aforesaid, against
said company for such loss or damage settle or determine
the sums to be paid by the several members thereof, as
their respective proportion of said loss; and publish the
sa.ne in such manner as they shall see fit, or as the by-laws
shall have prescribed; and the sum to be paid by each
member shall always be in proportion to the original
amount of his deposite note or notes, and shall be paid
to the treasurer within thirty days next after the publica-
tion of said notice, and if any member shall for the space
of thirty days, after the publication of said notice, ne-
glect or refuse to pay the sum assessed upon him, her, or
them, as his, her or their proportion, if any loss as afore-
said, in such case the directors may sue for and recover
the whole amount of his, her or their deposite note or
notes, with costs of suit; and the money thus collected
shall remain in the treasury of said company, subject to
the payment of such lo.ss and expenses as have, or may
thereafter accrue, and the balance if any remain, shall be
returned to the party from which it was collected on de-
mand, after thirty days from the expiration of the term

If deposit
notes be in-
sufficient to
cover loss, &c.

for which the insurance was made to said party.
Sec. 9. And be it enacted, That if it shall ever so
happen that the whole amount of deposite notes should be