Page:Federal Reporter, 1st Series, Volume 8.djvu/97

ELUS V. OONNEOTIOUT HUT. IiIFB IHS. 00. 83 �said, and file a copy with the said auditor of public. accounts, as above pre- BCiibed, so that at all times, aad while any liabllity remains outstanding on such Insurance, there shall be within this state an attomey authorized, as aforesaid; and no such power of attorney shall be revoked until after a like power shall have been given to some competent person, and a copy thereof filed, as aforesaid. �The sixth section provided that if any insurance company should make insurance without complying with the requisites of the aet, the contract should be valid, but the agent of such company should be liable to a penalty. �In 1856 the defendant duly appointed A. A. Little, of Fredericks- burg, its agent, with authority to accept service of prooess. The agency was subject in terms to be revocable at the pleasure of the company, but this right of revocation was set ■ out in terms only in the agreement between the company and Little. He continued to act as its agent until the beginning of the war of the rebellion, but did not so act afterwards with its knowledge or consent. Imme- diately after the war, the defendant informed Little that his agency had been revoked by the war, and in the spring of 1866 it formally revoked any agency. The defendant bas done no business in Vir- ginia since 1861. In 1866 it examined the question of the expediency of resuming business therein, and in consequence of certain legisla- tion which had taken place abandoned the idea. Little died in the year 1876, and C. W. Edrington duly became his administrator. �In 1877 the legislature of Virginia passed a statute amending sec- tions 22 and 32 of chapter 36 of the Code of 1873. Section 22 was section 4 of the actof 1856, and was amended so as to read as fol- lows: �"If any such agent or attorney shall die, or become insane, or remove without this state, or resign, or be removed, it shall be the duty of such cor- poration to make a new appointment as aforesaid, and flle a copy with the said auditor of public accounts, as aboye prescribed: provided, that if such corporation shall fail to make such new appointment of agent or attorney, upon the death or insanity of any such agent or attorney so appointed as aforesaid, the personal representative of any such deceased agent, and the committee of any such insane agent, shall be regarded and held as agent or attorney, authorized to accept service of process against such corporation, and entering appearance as aforesaid ; and if such corporation shall fail to make such new appointment of agent or attorney, upon the removal or resig- nation of any such agent or attorney so appointed as aforesaid, then the auditor of public accounts shall be authorized to accept service of process against such corporation and enter appearance as aforesaid, so that at all times, and while any liability remains outstanding on such insurance, there shall be witliin. this state an attorney authorized as. aforesaid; and no such ��� �