Page:North Dakota Reports (vol. 48).pdf/346

 to be signed by its president and secretary, and its corporate seal to be hereunto affixed this 11th day of December, A. D. 1913.

“Ernest M. Brown,

“Secy. & Treas.

“G. S. Gilbertson,

“President.

“C. P. W. Registered.”

On the back of the certificate is the following heading in large type, viz.:

“The following is a synopsis of the provisions of the articles of incorporation and by-laws now in force and effect. The right of any member to claim benefits or indemnity will be determined by the provisions of the articles of incorporation and the by-laws in force at the time the accident happens out of which any claim arises.’

Immediately following this heading is what purports to be a synopsis of the provisions of the articles of incorporation and by-laws in force at the time the certificate was issued. Among other things stated therein is the following:

“The accident department of the association does not assume any liability * * * if the occasion of the accident be * * * insanity.”

Immediately following the synopsis of the articles of incorporation and by-laws, at the bottom of the page, is the following, also, printed in large type:

“A printed copy of the articles of incorporation and of the by-laws is inclosed with this certificate. The member should read the same carefully and inform himself of the rights and duties of membership. This duty you owe to yourself and the association.”

The certificate of insurance also contains a copy of the application. The original application was also offered in evidence. In the application no reference is made to the fact that the association is not liable “if the occasion of the accident be * * * suicide.” In fact, no reference is made to the question of limitation of liability. The application, however, contains this declaration on the part of the applicant:

“I hereby agree that I will accept the certificate of membership which may be issued to me subject to all the provisions, conditions, and limitations contained in the articles of incorporation and by-laws of said association, as the same now are or as they may be legally amended or changed, and I agree to comply with all the provisions thereof.”