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THE 
 
 UM 
 
 M 
 
 
 ONTARIO INSURANCE ACT, i887, 
 
 (50 V. c. 53.) 
 
 BETNG AN ACT FOR CONSOLTDATING AND AMENDING THE 
 ACTH RESPECTING INSURANCE COMPANIES. 
 
 TO WHICH ARK PRUFIXKD 
 
 NOTES ON THE NEW PROVISIONS 
 
 kj.. 
 
 J. HOWARD HUNTER, M.A. 
 
 Intijjcctor of Iiisnmncej'uy Ontariu. 
 
 PRINTED BY WARWICK <k SONS, 26 & 28 FRONT STREET WEST. 
 
 1887. 
 
 *;. 
 
i'ln-.! 
 
 i.y( 
 
 tSiSi 
 
 ■< K' yuVK 
 
 »J»>«;*lt] 
 
v;^ 
 
 THE 
 
 ONTARIO INSURANCE ACT, i887, 
 
 (50 V. c. 53.) 
 
 '■^^.. 
 
 P-EING AN ACT FOR CONSOLIDATING AND AMENDING THE 
 ACTS RESPECTING INSURANCE COMPANIES. 
 
 TO WHrC'll ARK PIIKKIXKI) 
 
 NOTES ON THE NEW PROVISIONS. 
 
 BY 
 
 J. HOWARD HUNTER, M.A., 
 
 i 
 
 i 
 
 ''HI 
 
 PRINTED BY WARWICK & SONS, 26 & 28 FRONT STREET WEST. 
 
 1887. 
 
T 
 
 >v 
 
 .»■• 
 
T 
 
 •v 
 
 THE mum INSURANCE ACT, im, 
 
 (50 "Via., C 53), 
 
 BEING AN ACT FOR C0NS()L1DATIN(J AND AMKNDING THE 
 ACTS IIE,SPECT1N(J INSURANCE COMPANIES. 
 
 NOTliS ON THK NEW PROVISIONS. 
 
 1. Apart, from Doiiiinion legislation— the constitutionality of 
 
 which is an unsettled question — the public general law 
 of Ontario respecting Insurance is drawn from two 
 sources : (a) from the Common Law of England and certain Im- 
 perial statutes passed prior to 1792, which by the tirst enact- 
 ment of the Parliament of Upper Canada (32 (xeo. III., c. 1) 
 became the law of the Province ; and (b) from Provincial 
 Legislation. 
 
 IMPERIAL STATUTE 14 GEO. III., C. 78, REPEALED. 
 
 2. In 1771: tht; British Parliament passed an Act (U Ceo. 
 
 111., c. 78) commonly called the Metropolitan Building 
 Act. Despite a title indicating only local applications, 
 this statute contained some general provisions which were 
 held *to govern fir(! insurance contracts generally through- 
 out J^iglaud, and .so must have pa.ssed into the law of 
 UpptT Canacia by virtue of the Provincial Act of 1792. In 
 <;n>ilon. V. Wnld (18G0) 11) Q. B., 586, section 80 of the 
 Metropolitan Building A(,t — defining an insurance company's 
 liability on accidtuital fires— was expressly recognized l)y 
 Bol)inson, ('. J., as the law of Upper Canadn. In Stimun v. 
 /'f.iiuork (18(i,><)the 8.'5rd .section, requiring the company to 
 reliuiid on the request of certain parties interost(!d (e. g., a 
 mortgagee) was hi^ld by Mowat, V.C, to l)e in force in Ontario, 
 1 4 ( !hy., not. The statute clashes with certain of the Statutory 
 Condiiions.and by s. 151 of the Ontario Insurance Act, 1887, it 
 is declared not to be in force in the Province. 
 
 IMPERIAL STATUTES STILL IN FORCE. 
 
 3. It is imjiortant to remember that parts of the following Imperial 
 
 statutes still remain unrepealed in Ontario. 
 
 A.D. 17-40, 19 Geo. IL, c. ;J7. 
 1774, 14 Geo. IIL, c. 48. 
 1788, 28 Geo. III., c. 50. 
 
 The doctrine of "insurable interest," as it now obtains in 
 this Province, rests partly on the old Common Lawof Enghind, 
 
 E. G., by Lord Westbnry in Re flarkcr (34 Law J. Bankr. 1.; 
 
partly on tho ftl)OV(! wtatutes and pai'tly on tin- fouiUi Stutu- 
 tory Condiliou of tho Provincial enactment, :5U V. c. '-'1, 
 (Ontario Ins. Aet, lS87.s. Ill Stiit.Con. 1). Until 18<f.itwa8 
 the law of Ontario that, to sustain an action upon a conlnict ot 
 insurance, tlio assured nnist have an " innuraUle iiitcn st in 
 the sul.je.'t of insun.noe l.olh (1) at the time of .'ileot^in- the 
 insurance, and also (■>) at the time of the loss llie lirsi, 
 re.iuirenient of this doctrine reiuidns unaltered. llie sec(nul 
 reciuirenient, if taken strictly, u.i«ht, and sometnnes did, ncca- 
 sion "reat hardship. For exaniplo, it was, m a New York 
 case,* held that wheie tho party insured had no interest m 
 tho proi.ertv at the time of the loss the p(,licy was voul, 
 although the loss was hy the terms of tho policy iuad(! payal.lo 
 to a third person and sucii third person at tluMnne ot t_he 
 loss had an interest in the property ! hi 187C., the seventy 
 of this old tJonunon Law doctrine was nntigatod ni (Jntario. 
 The fourth of the Sialnlnnj Con.lilio)>K framed hy a comniis- 
 sion of judges was eniicted as the law of tho Province hy 39 
 ■ V c 21' and provided that mere change of title should not a voul 
 the policy if such change was caused " t.y succession or hy 
 operation of the law or by n^ason of d.iatli." Tho law of in- 
 surable int'^rost as thus settled in 187G is not altered by any 
 provision in the enactment of 1887, except that tho thirteenth 
 Statutory (Jondition as now amended requires (sub-se;;. c, divi- 
 sion ;3) that a claimant under any oontract of insurance shall 
 in his declaration disclose all liens and incumbrances sub- 
 sisting on the subject insured, and thus in etleot, shall 
 disclose how far the 'original insurable interest of the assured 
 has been altered. 
 
 Where the insurance exceeds the insurable interest there 
 is an obvious t(nnptation to arson. It is therefore now 
 provided by section 120 (2) that a magistrate investigating the 
 circumstances of a tire may take evidence, not only ■' as to tho 
 origin or cause of tho lire," but also "as to tho persons, if any, 
 profiting thereby." 
 
 "CONTRACTS" |S. 2 (6)]. 
 
 4. tjontracts of insurance made otherwise than by sealed instrum.iit or 
 "policy," were not recognized by the statutelaw of Ontario until 
 1882, when the Act 45 Vic. c. 20 provided that irriUenttml oral 
 contracts of tire insurance shall be governed by the Statutory 
 CondHi.ms. In the Act of 1887, "contract," wherever the 
 term occurs, (unless the context otherwis(^ requires,) includes 
 scaled, written, and oral contracts. 
 
 Much tire in.suranco of the mercantile class is now edeeted 
 by telephone, tho oral contract being followed at an interval 
 of some hours, or perhaps days, by a written memorandum 
 (e. <i. an " interim receipt,") or by a sealed instrument. When 
 ;lie' latter is executed in the particular manner prescribed by 
 section 110, the Company is estopped from denying the 
 contract ; iiut if a fire-claiin arises before the oral or written 
 contract has merged in a policy, the claimant is left to the 
 ordinarv law of evidence to prove his contract. If, however, 
 a contract is proved to exist, then the Act operates upon it 
 and (s. lU) construes it by the Statutory Conditions. 
 
 AUTHORIZED AND UNAUTHORIZED INSURANCE. 
 
 5. The new A(;t has made an important advance in reiiuiring (s. of)) 
 that, after tho ;$Oth of June, 1887, every company or under- 
 writer (s. 2 (4)) undertaking or offering to undertake con- 
 
 • Tallman v. Atlantic F. .t- M. Ins. Co. 29 How. N. Y. 71. 
 
 t 
 
- i • 
 
 6. 
 
 tmclsof iu.siirai.co ill O.itmio .ilmll l.oUl ii Virrmr ..illi.-r al 
 the l'roviiic(. or of tlu; Dominion ; and h. 50 nn|.os,.s a jMiially 
 of S-'OO for .'aih cont.raviMition of tlit^ Act. Ilitiicrto the 
 law H"ain.slunautliori/i'<l insurance has l.ccn found inclh'ctiv<', 
 clii.'lly fion. tii<^ dillicultv of olitaininf,' tiic peculiar cvKh'iic.. 
 ncccKs.ny for conviction. llciTaftcr tiirn' Khould he no .such 
 ditlicnity. "Oireriii;; to un(h'rtaiie. contracts" is, hy s .)(., 
 ma.le a |ieiuii otlence in any nnliceii.seil company or uiul-r 
 writer ; and " OU'erini.' lo undertake contracts" n, hy s. 2 (.>), 
 dechired to inclu(h''"the .setting,' up of a sif,'n or innerip 
 tion containing tlie nauK! of Mm conipiiny, or the (hstrihntion 
 or publication of any proposal, circular, card, advertisemeni, 
 printed form or like document, in the naiiu! of tlie c-ompanv, 
 or any svritlen or oral .solicitation in tlie coinpany s hehilt. 
 Provincial licenses aro annually renewahle on th(! 1st of 
 July (s. .">"). 
 
 FORMATION OP JOINT STOCK COMPANIES. 
 
 Hitherto it has been necessary for companies desiring incorpora- 
 tion for puriiosi'S of insurance or suretysliii> to resort to the 
 Legislature and obtain a special act. This was a matter of 
 some expense, and on public ground.s was inexpedient. H.'ie- 
 after (ss. 4, 5) a joint stock coinpany desirini,' incorporation 
 for any purpose of the Act, can, on the recomniemlation of 
 tlio Inspector of Insuranco, be oii^anizod and chartered umlrr 
 the Oompanics' Acts, R. S. O., 1877, c. 149 and c. 150. Cer- 
 tain re(piirements and .safeguards aro achlod (.s. 6) as to the 
 subscribed and paid-up capital in companies so organized. 
 
 DEPOSITS WITH THE PROVINCIAL TREASURER. 
 
 7 The Act, in section 40, removes doubts as to the deposits re(|nirod 
 of new companiis. It is there provided that in ea.jh case a 
 foreign coinpany shall deposit twice the sum reiiuired of a 
 Canadian or Provincial company. Tiiis re(iuireiuent proceeds 
 on the principlf! that Ontario policy-holders have, as au'ainst 
 foreign companies, the Uovernmcnt deposit as tht ir .sole 
 eflecUve security, whereas the wiiole assets of lioiiie eompuiiies 
 an' practically liabU' to administration in Canadian courts on 
 failure after a certain time to discharg)^ any claim for whi.ji 
 tiiial judgment has lieen given. 
 SiccTioN 47 detines much more explicitly than had hitherto been 
 done tlie contracts for which the deposit is to be deemed 
 security. 
 
 MAXIMUM TERM OF FIRE INSURANCE CONTRACTS. 
 
 8 
 
 9. 
 
 The maximum term of tire insurance contracts will be hi>' alter 
 (s. 10()) for all companies, three years. This important 
 rnform will remove a fruitful source of unhealthy competition, 
 of disorder in books, and of uncertainty in linancial state- 
 ments. 
 
 MINIMUM ASSETS IN MUTUAL COMPANIES, 
 {Section 109). 
 
 Until the company has at risk $2,000,000, the premium note 
 hereafter shall l)C not less than one per cent, [.er annum of 
 the amount insured; when the amount at risk exceeds 
 S!2,000,000 a lower rate may be taken. l)ut so that tlie total 
 assets shall never fall lielow twoper cent, of the gross amount ft 
 risk, unless the company deposits with tlie ProviiKMal 
 Treasurer the full security re(iuired of new companies under 
 the Act. 
 
 I 
 
STATUTORY CONDITIONS. 
 
 10. STATt'ToUY CoNDriioN 5. - Koriiicily, I liis CoiMlitinn closed with 
 tlic follnwiiij; W(ir(lM : " In ciisc of llic n'iiif)\iil of (iropi-rty 
 to cHciij)!' I'oiillanriition, tlic ('oin})aiiy will riitcnlijy coiitri- 
 liulo to tiu! loHS anil cxpcnsoH attciuliiij^ siicli aot of siiiva;^^," 
 HoiiK! uiiuei'tainty iiroso as to tlie constnie'tion of " ratealily " ; 
 ill Mi-Lai'fH. V. (foiniiii'iria/ lhi:i<ni, " intcalily " was lichi 'o 
 rcfpr cxchisivfily to coiili'ilaition Ijctwccii two or more coiii 
 paiiios on till' siiini' risk, so that the assuroil was al)solv('(l 
 from all loiitrjlpiitioii. Tlic Coiuliiion is now aiiicmli'il in 
 tin: fiijiowiiig ti'ims; ''rii" Company will conlritiuto to 
 tlir loss anil I'xpi^nsi'S atti'iuling such act of salvage propor- 
 tionately to the rcs[)ective iiiteri'sts of the (-'ompany or 
 Companies and the assured. 
 
 L 
 
 11. Statutoky Condition 8.— The principle of constructive 
 
 assent to further insurance lias, since 1851), Ikcu einlioilieil 
 ill the Provincial law i,'overniii^' mutual ami cash-mutual 
 coinpauies. (22 V. c. Ui, s. Hi.) It is now extended to Joint 
 stock companies, Theliunleii of proof is oast on the assured ; he 
 has to cstalilish that he j;ave written notice to the Company 
 or to an authoii/ed a^'ciit of his desin; or intention to efi'ect 
 further insurance. (Statutory Conditions S, 2."i.) 
 
 12. StatijTouv ("ondition 10 ((•) is now extended to the contetUs of 
 
 huildings. 
 
 10 (/). It is now allowahle to keep in an insured l)uililin<( 
 luliricating oil not exceeding five gallons in ijuantity ; hut 
 such luhricating oil must not he crude petroleum nor oil of 
 le.'.s specilic gravity than is rei|uired liy law foi' illuminating 
 jiurposi's, i.e., must not he of less specilic gravity tliaii '77"), 
 water being unitv. {('iiii'oil. Staliihs a/' Canndn, 1880, c. 
 
 ■ 102, s. ;).) ' 
 
 13. Statutokv CoNDniox l.')((;). The claimant must under suh 
 
 division 4, in addition to the information heretofore rei|iiired. 
 state ; '' (5) All liens and incumhranccs on the su'iject of 
 insurance," and, " ((!) The place wlieie the pri)]ierty insured, 
 if niovahle, was deposited at the time of the lire." 
 
 ].">((/). In addition to foinier iciiuirijments, the assured 
 must, it renuirid, and if practicahle, "pioducn warehouse 
 receipts and slock lists," and he is further reijuiied "to 
 separate as far as reasonably may he, the damaged from the 
 undamaged goods." The former aniendineiit is a seivicealile 
 check on (ictilious losses ; the latter delines the practical ohli- 
 gation (lowing from the i)rinciple of non-aljandoincnt which 
 was atliriiied in the Tiih condition. 
 
 \'^ (fl.) The certiticate of personal knowledge of the circuiii 
 stances, etc., may now is.sue from a commissioner for taking 
 alKdavits, or from a municipal clerk instead of fi'oin a clergy- 
 man. 
 
 14. Statutouy Condition 1G. — Where the two arl)itrators are 
 unable to agree in choosing a third, the (,'ounty Judge shall 
 
 appoint the third ; then, as to the costs of tin? arbitration, 
 
 " Where the full amount of the claim is awarded, the costs 
 ,' hall follow the event ; and in other cases, all questions of 
 costs shall be in the discretion of the arbitrators," Claimants 
 have freijuently represent! d that the costs of a favourable 
 arbitration may easily outw('igh the value of tlie award. 
 
15. 
 
 7, 
 
 16. 
 
 STATUlDltV foMilTIiiN 17. Tile IdSH hIiiiII lie piiyillilc liy 
 iiiiitiial iitui cuhIi iiiiilual I'Diiipiiiiic.s, (10 diiyM (iiiHtciid of tlircc 
 
 ll 1. .. 1 i? _ \ . .'. . . i> i« 1 '111 11 A 
 
 • •■\ii iiiki itini < lioii iiiiii nin ' < 'III IMIIIK n, »M/ tiiiyn 1 'lini'l llll (II tllll'l* 
 
 nioutliK us lii'iitofort') iiltcr proof of loss. Tlio iillowiiiicc of 
 thnic, iiioiitlis for piiyimiil of lo.sacH wiih ii surviviil of the first 
 ruilc liisiiranui' Act passed in Upper Canada iiiori' than lifty 
 years at,'o (<1 W. IV. e. IH, s. IS). In tliose days money was 
 indeed scarce 'ind dilliciiil lo eoliect. Not only in theory, liiit 
 in pra<'lice, Mudiul ('(mi|)anics paid every lire claim liy .-<pecial 
 assesniKiit. The Insiiranct^ Act of IS.")!) ^U'■i V. e. HI) set 
 out in the (list section l)y dechirini; it to i)e tlie intention "to 
 provide for the speedy and certain payment of losses incuricd" ; 
 so, lor tin.' lirst time, and with this express oliject in view, 
 f^iiarante(( capital was devised. For the purpose of dischari,'- 
 inj; the <;uarrtMte(! capital, a reserve mi<,'lit he accumulated 
 from surplus inconie (L'2 Vic. c. 4(i, s. ;i). The Act of 187;{ 
 (.'5') \'. c. II) authorizi'd (s. 19) a permanent reserve fund, and 
 for purposes of such reserve empowered the directors to levy 
 an annual assessment, not e.xceeilint; ten per t'ent., on the pre- 
 mium notes. Ln the new Act this iirovision is continued 
 (s. l;il) (1) ) and (.sub-sec. 2), a still wider range than tbrmiirly 
 Ih given for th(^ prolitahle investment of reserve funds. 
 Mutual Oompanies thus enjoy in the law the most ample 
 facilities "for the speedy and certain payim a ^- 
 incurred." 
 
 of losHes 
 
 Statutory Condition 19 has heon re cast, muI a .sub-.soclion 
 added. Notice of cancellation liy Compain isaltcedto 5 
 days (e.xcludini,' .Sunday) if notice is given i ; ^i.i-.ional service ; 
 or 7 days from arri\al of written notici at post otfi'c. bub- 
 section (/j) pro\ides that tlit^ assured may toriniiiut" lUe con- 
 tract by written notice (to oe given in terms of Stat. (Jon. 23), 
 the company retaining short rates for tlie expiied part of the 
 term, and refunding the balance of the' premium. 
 
 17. Statutory Conuition ii3.— This now condition deliiies " written 
 notice," for purpo.ses of the Statutory Oi nditions, and thus 
 removes many perplexing (lueslions as to etfectual notification. 
 
 MISCELLANEOUS NEW PROVISIOITS. 
 
 18. Suction 120. — This important .section, which is new as to sub- 
 
 sections 2 and 3, authorizes .i searching investigation by a 
 magistrate in case of suspected incendiarism ; and provides 
 for the preservation of evidence. 
 
 19. Section 127. — This section, by the insertion of the words "or 
 
 the class " after " department," authorizes ditterential a.ssess- 
 nieiits of premium not- 3 according to the classes of risks for 
 which tlie notes were tuKen. 
 
 20. Section 141. — Untrue entries or wilful omissions in the books 
 
 of a company, and refusal to exhiljit the company's Ijooks for 
 purposes of Inspection are made punishable by iiiiprisonment. 
 This section merely extends to insurance companies tlie pro- 
 visions applicable to commercial companies generally. 
 
 21. Section 149. — To prevent the detention of original documents 
 
 in courts of law for purpo.ses of evidence, this section pro- 
 vides that a copy of any document in the office of the Inspec- 
 tor certified by him to be a true copy, and sealed with the 
 seal of his otlice, sliall be held to be authentic, and shall bo 
 immu facie, evidence of the same legal effect as the original. 
 
8 
 
 22. Skctions M and 151 (2).— Ro-insurauco for the purposps of 
 the Art, must lio ollrctnd in soiiio foiiipany licensed to triins- 
 iict l.usincHH in tlie J'rovince, and approved !)>■ tli.- Provincial 
 Treasurer. Undorthesesectionscoinpaniesareijcrinitted tosuli- 
 stitute re-insuran' . for cash securities. Practically, insucluase 
 till' company wit lidraws from tiic policy-holder the assets of the 
 com|ianv with which he made his contract, anil suhstitmes 
 for those asKcts thi^ liability of another company with which 
 he. individually, has no contract. Undi r sudi circumstances 
 11 is of manifest importance that-- as in etiect is here provided, 
 -there-insuring company he of undouhled solvency, and he 
 amenahle to the jurisdiction of Provincial courts. 
 
 7. llOWAltl) HUiNTKR. 
 
 Toronto, April liGtii, 1S87. 
 
No. (Id.] 
 
 HILL. 
 
 [1887. 
 
 .\n Act coiiHolidiitiii}^- and ain(Mi(liii<,f tlio Acts 
 rc.spi'C'tin<4 Insurance Companies. 
 
 . 
 
 SUMMARY OF I'llOVISIONS.— 
 
 I'KKMMiiVAUV : Shout 'I'lTi.i:, s. 1: iNiKiii'iiKTATioN, s. 2 ; A i-I'luation 
 
 or Act. s. '.i. 
 
 Title r. Joint Stock ('(imp.'iuii's : Foiiimtinii, niul Ocneiiil Pnivisions 
 i,'(ivoriuiig, s. 4 ; Uiroctnia, ». 5 (S,v at-m ss. S',)-it8) ; Cajiiti'l 
 Stock, K. (i, (fi'i- Sh((rc tif Stiirl: ('npildl in Mnltnil initl Ciish- 
 Miifnitl Fin liiKiiimii-c t'liiiijidnit:-^, sec k/k/ic TiTl.K \'l); Koi-fciture 
 of l'ori)or<ito I'mvurs, s. 7 ; Li(|iiuliiti<in, s. 7, (*Vc (dso uiultr TiTLK 
 XVII). 
 
 TiTLK II.— Formation and Incoi'itoration of Mutual and Casli-Mutual Firo 
 Insurance Couii>auius, ss. 8-l!(. 
 
 TiTi.K III.— Cliango of Niuiie ov of Huad-OlHco (.(// CiwiixinifA 88. 20-22. 
 
 'i'lTi.K IV, — Brauclios and Dcpiivtiiicnts in Mutual and CaHli-.Mutual Fire 
 Insurance Couipanics, .ss. 2-4-'_'t). 
 
 Trri.K V. — (iuar.uitcc Capital in .Mutual or Cash-Mutual Fire Insurance 
 Companies, .ss. L'7--".'. 
 
 TiTl.K \'l. - Share or Stock Cujiital in Mutual or CashMutual Fire In.sur- 
 ancu ('ompanies, ss. ;iO-'!'.>. 
 
 Trri.K VII. -('ovcriuaent Dejiosits (n// t'oiiipiniiis). .ss. 4(*-r)2. 
 
 Title VIII. —License (^'iV (Jomii'iiiicn), ss. r);!-(>2. 
 
 TlTLK IX. -Fees (nU t'imijxiiiii-a). s. (K). 
 
 TiT'LK X. —Internal Mana!;emeld of ^lutual .and Cush Mutual Fire Insur- 
 .ance Companies : 1. Ailiiii.'sinii iiii'l iriliiilriiiriilii/Miinhii-s. ss. 
 (iu-tKs ; 2. (Iiiiiiiil .l/r./i',M/.-i, ss. ip'.i-7:! ; :)■ /'//v.-/,.,-,h -yiM/ZftV-K- 
 tiiiii, Elixliiiii, etr., ss. 74-87. 
 
 Title XI. — Powers of Directors -(.Jeneral Provisions (all CompKniis), hs. 
 8H-!)8. (.l.< ti> -loiiit Sliii-k ('"III i)'i II i,s, «'c .(/.sii s. r>.) 
 
 Title XII. — Hooks, .\ccounts, and Returns (w// Cuiiiiniiiii-.i), ss. !)!>-105. 
 
 TitlhXIII. — Contracts of Fire lnsurance^(!eneral Frovision.s {<ill C-<>in- 
 /)((/( lea), ss. IC'i-113. 
 
 Title XIV. —Statutory Conditions and Provisions relating thereto, 
 (hiiiiliiui (ill Fire tiifiiiiiiicc <'ijiilr<ii-lif icliiihiieroi- in (hitinio, Sen 
 SrrHon'ii) SB. 114-120. 
 
 m 
 
TlTLB XV. — Proinium Notes and Assessiiiente (Miitind (imI ('(ixh-Muhud 
 Fin Jiisurancc Coiiijxinies), hs. 121-l^t). 
 
 Title XVI. — Inspuction of Coiupiinies (nil ('ompanies), ss. l.'{7-r4!). 
 
 Tiri.K XVi I. — Li(|uiclati(>n and Winding-ui) of Conipaniua (all Cdiiijxinics), 
 sa. 160-10i{. (&i' alio as tu Joint tilock t'umpiuiiis, n. 7.) 
 
 TitloaiKi 
 conimencf!- 
 inent of Act. 
 
 HER MAJESTY by and with tho advice and consent of 
 the Legislative AKaembly of tlie Province of Ontario, 
 enacts as foUoWa : — 
 
 1. Tliis Act may be cited as Tlic Oniat io [nsiimnce Ad, 1SS7, 
 and shall go into effect on the SOtli J.<iy of June next alter 
 tlie passing hereof, except that .sections 114 to 116 sliall 
 not take ett'ect, as respects insurance companies whicli have 
 their liead office in Great Britain or Ireland, until lUst 
 December next. R. S. O. 1877, c. KiO, s. 1. 
 
 ' Picivincr." 
 'Le|{islfttur«. " 
 
 ' Treasurer." 
 
 " Inspector." 
 " Company.'' 
 
 Interpretation !2. In this Act, Unless the context otherwise i-ecniircs:— 
 
 1. "Province" and " Legislatui'e " mean I'cspectively the 
 Province and the Legislature of Untario. 
 
 2. " Treasurer," means the Treasure)- of the Province ; or 
 any member of tlie Executive Council to whom from tinifs to 
 time may be transferred, either for a limited period, or other- 
 wise, the powers and duties which are by this Act assigned to 
 the Treasurer. 
 
 n. "Inspector'' means tlie Inspector of In.surance for the 
 Province. 
 
 4. " Company " n\eans and includes any corporation, or 
 any society or association, incorporated oi- unincoi'iior.itcd, or 
 any partnership, or any underwriter, except as provided 
 by section JJ, that undertakes or effects for valuaiile consider- 
 ation, or agrees or offers so to undertake or effect, in the Pro- 
 vince, any contract of indeninity, guarantee, suretyship, 
 insurance, eiiiownient, tontine, or annuity on life, or any like 
 contract which accrues payable on or after the occurrence of 
 some contingent event. 
 
 r>. The expression "offer to undertakecontracts" shall include 
 the setting up of a sign or insciiption containing the nanie of the 
 company ; or the distribution or publicatioji of any (iroposal, 
 circular, card, advertisement, printed form, or like document in 
 the name of the company, or an}' written or oral solicitation in 
 the company's behalf. 
 
 G. "Contract" means and includes any contract oi' agree- 
 ment, sealed, written or oral, the subject matter of which is 
 within the intent of sub-section 4. 
 
 7. " Written," as applied to any instrument, includes written 
 or printed, or partly written and partly printe<l. 
 
 iS. " Provincial Company" means a company which has its 
 head office in Ontario. 
 
 9. " Canadian Company " means a company incorporated or 
 legally constituted in the Donnnion of Canada, but which haa 
 its head office in some Province of Canada other than Ontario. 
 
 " Offer to un 
 (lertake con- 
 tracts." 
 
 ' Contract.'' 
 
 "Written." 
 
 " Provincial. 
 Company." 
 
 "Caiu'idian 
 Company." 
 
 k 
 
 \ 
 
'J 
 
 i 
 
 " Munici- 
 pality." 
 
 "Mutual 
 
 Insurance." 
 
 "Mutual 
 Company." 
 
 "Cash Atutual 
 Company." 
 
 " Inland 
 Marine IiiBur- 
 aiice. 
 
 " Member." 
 
 8 
 
 10. "Municipality" has the sanuiineanin^^as in 77(e .l/itHi- 
 Cfjwx^ Act. 
 
 11. "Mutual Insurance" means insurance jfiven in con.siduni- 
 tion of a preiuiuin note or undertaking witli or without an 
 inmiediate cash payment thereon ; and " Mutual Comininy ' 
 mcan,s a Company empowered solely to transact such insui'anc(!. 
 
 12. "Cash-Mutual Company" means a company organized 
 ti) transact mutual insurance, hut empowered to undeitake 
 contracts of insurance on both the cash plan and the premium 
 note or nmtual plan. 
 
 10 "Inland-Marine Insurance" means marine insurance 
 in respect of subjects of insurance fit risk above the harboui- of 
 Montreal. Dom. Act, 49 Vic. c. 45, s. 1 (g); cf. R. S. 0. c. 100, s. 0. 
 
 14. " Member" means a policy-holder on the premium note 
 plan ; but as to those nmtual, or ca.sh-nmtual companies which, 
 in terms of this Act have guarantee or joint stock capital, 
 " Member " includes, where the context so requires, any holder 
 of one or more shares of the capital. 46 V. c. 15, s. 15 ; 44 \^. 
 c. 20, .s,s. 7, 12. 
 
 15. " Registry Office" means the registry office of the Reg- 
 istry Division within wliich the lioad office of the company is 
 situate; and " Rcsgistrar " includes the Registrar and Deputy 
 Registrar of such registi'v office. 
 
 APPLICATION OF ACT. 
 
 3. The provisions of this Act shall not apply : — 
 
 ] To a company licensed by the Dominion of fknada, Dominion 
 except as to fii'ctions 114 to 120 inclusive, which shall apply ,!,';I.',™','|'_''"' 
 to all Fire Insurance; comp.-niies ti'ansacting business in Ontario, .xccptas to 
 R. S. 0. 1«77, c. 102, .ss. 2, ;5 : c. 101, s. 7!» ; c. 100, s. 2. ^'''j'.;';,';' 
 
 2. Tiiis Act shall not apply to any lienevolent, provident, Also cort.iln 
 industrial or co-ciperative socic^ty nc^t rtujuiring a license for ""^'t'ties. 
 any such contract as aforesaid before the passing of this Act. 
 
 " Registry 
 Office." 
 
 " Ilefjistrar. " 
 
 [Title I. — Joint Stock Companiks : Formation and general 
 provisions govei'uing, s. 4 ; Directors, s. 5, (sv (? alua ss. 
 S!)-0,Sj . Cajiital Stock s. (i (for share or stock cajjilal 
 in .Mutual or (!asli-Mutmil Fire Insurance eom]ianies, 
 .sff under Title VL); Forfeiture of corpoi'ate powei's, 
 s. 7 ; Li(iuidation, s. 7 (s«e aUo under TITL!" XVII.) ]. 
 
 INi'dltl'OlSATION OK JOINT .STOCK COMPANIES. 
 
 4. — (1) Notwithstamling sectioti 4 of T/h' Oiitiirio v<>tmnt\on<>( 
 Joint Stork Cnnipaiiir'.^' h'tters Patnit Art, the Lieuteniuit- ^""''"""''•• 
 Governor in (.'ouneil may, on the writtcMi recommetidatioii 
 of the Insj), ctor, appi-oved by tin; Treasurer, or some other 
 member of the fi^xeeutive Council, grant by letters patent, 
 
 (ill 
 
under tho (ii'oat Seal, a cliartoi' to any number of persons 
 not less thari uve, who sliall ]n'tition tlu'ret'or, constituting 
 such jiersiiMs and others wlio may lieeome sliarelioldcrs 
 inthi company thereby created a body corporate' and poHtic 
 for any piu'poso or object within the intent of tliis Act ; lait 
 sucli incorpoi-ated compnTiy, befoi'e undertakini;-, etfectinj,', 
 or otferin<^ to undertake or effect, or soliciting' any 
 contract witliin this 7\ct, sliail tile in the office of tlie 
 Inspector satisfactory evidence tliat tliis Act has been com- 
 plied with in respect of stock subscribed and of calls there- 
 on paid, and furtlier shall make the neccssar}' deposit 
 and be licensed as hereinafter provided. 
 
 Acts applying (2) To everv company so incorporates! The Onturlu Joint 
 Stock'com- '^''"'■^' <'<>mp(n,ic^' Lct/ers PatcM Act and TIip Ontarh) Joint 
 pnnies formpd iSVoc/' GfimpdHies G('»rr((t ('!<( uses Ai't, s])ii\\ apply in all un- 
 ""''•'''"'"' ^^"^ provided cases so far as not repugnant to tlie express pro- 
 . visions of this Act. 
 
 (8) To every joint .stock company heretofore incorporated 
 and acting uiwler license of the Pruvince the Acts cited in the 
 last sub-section sliidl also apply, except where repug- 
 nant to the express provisions of this Act, or to the special Act 
 of the Province incorporating the com])any, or to tiny Act of 
 the Province amending the special Act of incorporation. 
 
 Directors. 5. — (1) The affairs of every company incorporated under 
 
 section 4 shall bo managed by a board of not less than five 
 nor more than nine directors, {cf. R. S. 0. 1877, c. 149, s. 8.) 
 
 (2) The first five of the persons named in the charter of 
 incorporation shall be directors of the company until replaciMl 
 by others dulv named in their stead. (ef. R. S. 0. 1877, c. 149, 
 8. 9.) 
 
 (.3) The after directors of the com]iany shall be elected by 
 the shareliolders in geiuM-al meeting of the company. as.send)led 
 at such times, in such wis(>, and for such ti'rm, not exceeding 
 two years, as the bv-laws of the company niay prescribe. 
 R. S. 0. 1877, c. 149,s. 11. 
 
 Capital stock. 6. The ca]iital stock of a company incorpoi'ated undei- 
 section 4 shall be as follows : — 
 
 1 . If a Fire, or Fire and Inland Marine!, or Accident, or Life;, or 
 Life and Accident, or Guarantee, or Surety coni])niiy,the capital 
 stock shall be not less than $.")0(), 000, with liberty to increase' the 
 same to 81,000,000 with the assent of the Lie'Utenant-Ge)vea'nor 
 in Council ; anel be'fore applying foi' lice'nse tlui conipany 
 shall furnish to the? Ttispectnr satisfactory evide'uce that 
 of the said capital stock at h'ast S.300,000 has be'e'n sub- 
 scribed for and taken up hi)nii jl<h\ and tliat S3(),0()() 
 of the said subscribe'd steick has been paid inte) some chartei'cel 
 bank. (<•/. 49 Vic. c. 86.) 
 
 2. If a live stock insurance com]iany, the capitiil stock slnill 
 be at the least !?:)00,000, with libe'rty to increa,se the same' as 
 in the first sid)-s(M'tion to !?.")0(),000, of M'hich, as in said sub- 
 section, $1 .'50,000 shall be\ shi'wn to have beien subscribed, and 
 S'd.'i.OOO to have bee-n paid into se)mi' charte'i'ed b;ud<. (c/', 
 ;57 V. c. 88.) 
 
 r,(i 
 
i 
 
 8. If a plate jjjlass insurance ooinpiiny, or a company insuring- 
 against the explosion of steam lioilcrs, tlie ca])ital- stock shall 
 bo at the least i:<l()0,()()(i, with liheity to increase the sami' as 
 in the first suh-section to i5'2")ll,0')(), of which as in said suh- 
 seetion i?tJO 0(10 shall he shewn to have heen suhscrihe.l, and 
 80,000 to have heen paid into s(jni ■ chartered liank. ('•/'. Doni. 
 Act, liH V. c. 1)5.) 
 
 7. Thi; corpoi'ate powers (i' any company whether incoi'- ('ni|".niti' 
 poi-ated undo)' this Act oi- under any s[iecial Act shall he for- [|'.J",.',i' |,y' 
 fcited hy non-user dniing three years after the date of its in- nuniiscr, 
 eorpoi'ation ; or if, after a company has inidertakon contracts |^]|^,'.''''|f"" "'"' 
 wit!iin the intent of this Act, such conqiany iliscontiinies imsiin'ss; 
 husiness for one 3'ear; or if its license remains snspende<i for llJ^.'.^'IeiXti,", 
 one y(!ar ; or if its license is cancelled otherwise than hy mere i,f licensu ; 
 effluxion of time and is not renewed within the period limited 
 in section 4G ; and thereupon the company's cm-porate 
 powers shall ip.-io fdflu cease and determine, except foi- tlu; 
 sole purpose of win(hng up its attkirs ; and the fli.n^' ^''''"'t' ^^I'l^i'ijl'ij!!;'.,. 
 upon the petition of tlu" Attorney-General, or of any jxM'son 
 interested, may by decree limit the time within which the wliioh m.-vy lie 
 company shall settle and chi.so its accounts, and may for this J|'^"^J.'^'^;"^v 
 specitic purjiose, or for the purpose of licpiidation {generally, 
 appoint a receiver. R.H.O. l.S,s7, c. 150, s, (j;i. and Public Kccuivfi. 
 Statutes of Mass., 1J9, ss. 24, M7, 5n. 
 
 TlTLK II. — FoHM.VTIOX AM) iN'COlil'OHATlUN- Ol'" MCTl'AL AM) 
 
 CASH-MirriAi- Fire Ixsi-ram k CoMrAXiKs. 
 
 8. Ten fi'eeholders in anv nnniieipalitv oi' association of -^'•-''■t;"?'* t" 
 nnni!ei[)alities may call a meetniL;dr the ti'eelioiders tiie)-et)l to |,niii(;.4, liow 
 consult whether it he eNpeilient to establish therein a l''ire tallwl. 
 Insurance companv upon the unitual or cash-nnitual p'rinciple. 
 R.S,0. 1877, c. lUl,«-b 
 
 1). The meetinoshall be called bv advertisement, mentioning; Advctis.;- 
 
 1 • 1 , 11* p S i- 1 i.1 1 iiit'iit t'allintr 
 
 the tnne and place and olijectot the meetuiii'; and the aUver- .^.i^^^i, „„.etiiiK. 
 tisenient shall be ])ubli.shed once in the 0/?/('/'/o (r'«:(V/r! and 
 for three weeks in one oi- nioiv of the newspapei's published hi 
 the County, rf. 11. S. (^. 1.S77, c. Uil, s. -. 
 
 10. If thirty freeholders of the mnniciiiality ai'e present at j^"''-''!-''!''!..!! 
 the meeting;-, and a majority of them det^i'mine that it is e\- 
 peilient to estalilish a Miit\)al or ('ash-Mutual Fii-e insurance 
 company, they may elect three peisons from anion-' them to 
 open and keeji a subscription book, in which owners of 
 p.operty, movalile oi- inimo\able. within the l'ro\ince of 
 Ontario, may siixn their names, and enter the sums for which 
 the}- shall respectively bind themseKes to elVect insurances 
 with the company. R. S. (). bs77. e. Kil, s. :i. 
 
 1.1. Where tifty or mori' jiersons, heinu owner.- of mov- \Vh.iiini'rtiii)f 
 able r)r innnovable"proj)erty in the Province of Ontario, li„\-e '"•'>'"• ^"''l''"' 
 signed their names in the suhsi'ription hook, and bound them- 
 selves to effect insurances in the company, which in the aggre- 
 U6 
 
6 
 
 Hiiw nii'i'tiiig 
 to bu called. 
 
 FAucthm of 
 (.IjrectorH. 
 
 NniiK-'S nf 
 directors to be 
 filed in 
 regiiitry oltico. 
 
 Tliereiin the- 
 
 corpor.ilioii 
 
 foriiiei'. 
 
 Knrfeitiiri' of 
 cor) II irate 
 powerM. 
 
 Meeting of 
 directors to 
 elect 
 presitlent 
 and oIKcer.i. 
 
 (7opie?t of reso' 
 Iiitionn, sub- 
 acription 
 
 gaU' shall juiioiiiit to SIOO.OOO at least, a iiicctin,Lf shall ho 
 calK'd. as liorcitiat'tcr provided. 11. S. (). 1877, c-. IGl, s.s. 4, tV.l 
 
 l^. — (I) As soon as e<)ii\i'iiieiit aftei' the snh.scriiition hook 
 has hct'u coiiipjoted ill luaniier al'ori'saiil, any ton ot' tlio suli- 
 sei'ihcrs tlici'fto may call the first lucctiiio' of the Company, at 
 such tiiiu' and place willdn the nmiiieipality as they "mny 
 det'TinitK'; such nieetin-' shall he called iiy seiidiiiL;' a printed 
 notice liy mail, addressed to every suhscril'ier at his post office 
 address, at least ten days het'ori^ the day oF th" meeting, and 
 by ailvortis' ment in (me or more pa[H'rs puhli.shed in the county 
 in which the muiiicipality is sitnati'd. 
 
 (2) The .said notice and ailverti.sement slitdl contain the 
 ohject of the mei'tiiin', and the time and place at which it is to 
 he held. U. y. 0. 1«77, c. Itil, s. .5. 
 
 Vli. — (I) At such iiieetiiii.1' the name and .'-tyle of the com- 
 pany, includiiio' the appellations ' Fire" and ' Nlutu;il," shall he 
 adojiti'd, ami a Secr-tury c/ inlci'lrii. apjiointed. and a l>oard of 
 ])irectors elected as heieinai'ter pro\ idi'd and the ]ilace named 
 at which the luad oflice of the compain- shall l)e located. 
 R S. <). I.S77, c. Kil. s. (i ; 4S Vie, c, :](l s, 'l. 
 
 (2) To constitute a valid nieetinu- for the purposes of the fir.st 
 siih.scctioii, at least twenty-li\'e of the ai'ori'said siihscrihers 
 mu.st be present. 
 
 (3) In ease of a ciaintv or township the head office may be in 
 any city, town, or villa ^e within the boundaries of the county 
 or township or adjacent thereto. 
 
 14. Copies of the resolutions adopMui^' the naiin' or 
 style and the jilaee of tlie head otKce of the company, and of 
 the suliscripti<iii liook. and the names of the directors electt'd 
 sliall thereupon Ije made; and all such documents certitie<l as 
 corre<'t under the hands of tlu' chairm.in and secretiirv, shall 
 lie liled in the Jte^istry Oilice. !!. S. ( ). i.s77,c. Kil, s. ?'. 
 
 tt'j. — (1) l.'poii the liliiiLi'of saiil doeiiments, with the certifi- 
 cate, the suhseribel■.-^ ;iho\'e mentioned, and all other jiersons 
 thereafter eti'ectino- insuraiiees in the com])aiiy, shall become 
 member,s of the company iind shall he ,i body corpoi'ate by and 
 under the name ,so ado[)ted. R,S.(). bs77, c. 161, s. ,S ; 41' V 
 c. 20, s. 2(i. 
 
 (2) But the cor])orate powers of the comjiany shall be for- 
 feited by non-user, or liy disciintinuanee of business, or li\' 
 suspf'iision or cancellation of license as is ])ro\'i<led in section 7, 
 which section shall in all respects apply as well to .Mutual 
 and Cash-Mutual cihii[i. iiies as to joint stock companies. r/'. 
 R. S. O. bs77, c. !.")(), .s, (j.S; ami Public Statutes of Ma.ss., Ill), 
 ss. 24, >S7, ")0. 
 
 10. As soiMi after the afort>saiil iiieetiiiL;' as convenient, the 
 Secretary (nl 'nilx-rUn shall call a meeting- of the lioard of 
 directors, tor the election of a {'resident and \'ice-l*resident 
 from aniono'st themselves, for the appointmi'iit of a Secretai'v, 
 Treasuier, or Manajj;er, and the transaction of such other busi- 
 ness as may be hr(au,dit before them, I!, S, (), i.S77. c, Kil.s, It, 
 
 I '7. After the com[iany has liled in the re,o-isti'y office, 
 the docui.ients mentioned in section 14, and before the com- 
 
 
paiiy sliall transact or h" cntitlril tn transact any insui'ancu iimikn. inid 
 laisiiirss, tlic cliainii.in and srcrctaiT sliall transmit '>r drlivH'r |';j'|';'^^^^^^^^^^ 
 like C()[)ii,'s duly curtitiiMl l)\' tlicni to li" ti'Ui' cojiics and i'ndor.--cd iicss tn !»• 
 l.V tlu; Ucu-istrai' as'liavini;' hccn duly tiled to the V™"'"'"'""" 
 Inspector at ins othce in ioi'onto, accom|)anied by a statement InsiJictur. 
 8i<i[nod by the chairman and secretary, stating the kind and 
 character of the risks intended to he taken hy the company, 
 that is to say, whether the '.iisiness to Ix; transacted is the 
 insuranct; of farm and isolated huildings and pi'operty, or oi' 
 niercaiitih', inaiiui'acturiiiL;' and othei' haznnlous and extra 
 hazardous properties, or oh' huth ; also whether the company 
 lias heen or^'aiiized and inccirp.irated as a Mutual or as a Cash- 
 Mutual comjiaiiy. 44 V. c. '20, s. 1. 
 
 18. Upon ri'cei[)t oi' such certilied co]iies and of the ai'oro Inciuiriesto 
 said statement liy the Iiisi)ect(a', he shall uriici'ed to ascertain l"" "'•"'" ''^ 
 
 1,1 ,1 ■• ,. ! , . ' . ,, , insiiuctiir 
 
 wlietlier tiio proci.'edings tor the incorpoi'ation oi the company aftfi-reeuiving 
 have heen taken in accordance with the law in that iiehalt', ■'*'"''^^""'"'- 
 and whether the suhscriptiiuis are li'iva /i'le, and by persons 
 possessing prcipeity to insure, and whether the [iroposed name 
 is the same as that ol' any existing company, or may be easily 
 confounded therewith, and he ma\- re(|uire the declaration of 
 any person oi- ])ersons u])oii oath to be liled with him, toiicli- 
 ing an\' mat tiM's cuiiceriiiii'j' which lie is called uiion to niake 
 in(]Uiiy. 44 V. c. '20. s. 2. 
 
 11). If, upon exainination, the Iiis[iector shall tind that the On rci«irt of 
 said sul)scriptions have been made in u'ood faith bv persons .i""'"'^^''"' 
 
 .,, liii 1, , i"'. lv(',is\ii'i'rniay 
 
 entitled to make the same, and that the ])ro]iosed n.ime is sat- issue licunse. 
 
 isfaciory, and that the eom]iany has coni])lied with thiv Act in 
 respect of d(!posit, and in all other respi'cts, the Treasurer may 
 thereupon issue a license under his hand and seal setting forth 
 that it has been made to appear to him that the company has 
 complied with the reiiuii'ements ol' the law ; and that the com- 
 jiaii}' is acciadingly licensed to transact t!ie kind of business 
 spi.'cilied in tlic license, foi' a term tiierein also sjieciliiMl, Init 
 not excee<liiig twelve mouths from the date of issue; but such 
 license may from time to time be renewed as hereinafter pro- 
 vided. 
 
 Title III. — ('han<ik 
 
 ol' Name or ok 
 
 Cuinpanu's) 
 
 lIiCAi) Oi-Frci;. — {All 
 
 20. Where any company is desirous of adopting a name ciiaii(?e of 
 ditfeiing from that by which it was incorporated ; nr where in "i*""^' 
 the opinion of the Lieutenant-Governor in C'lamcil the name 
 by which such company within the legislativeauthority of this 
 Prtivince was incorporated, may be easily coiifoundi'd with 
 that of any other existing company, tlie Lii'iitenant-dovernor 
 in Council, upon being satistie(l that a change of name will not 
 work or effect any ijiiproper jnirpose, may by Order in Ciaincil 
 change the name of the company to .some other name to be set 
 forth in the Order in Council ; but no such change of name 
 shall affect the rights or oliligations of the com[)any ; and all 
 proceedings which might ha\(! been continued or coimiienced 
 b}' («• against the com[)any by its birmer name may he con- 
 tinued and coimiienceil Viy or against the company by its new 
 name. 44 V. c. 20, s. 24 ; 4(j V. c. lo, s. 4, part 
 
Clmngi' of 
 howJ otiioe. 
 
 Notice of ap- 
 plicaticiii for 
 i!hivn),'(! (pfj 
 ii&iiie. 
 
 531. — (1) The head office of any cnnipany may be removed 
 from one nuiiiiciiiality to auotiier \\y autliorit}' of the Lieii- 
 teiiiint-Govornor in Couiuil. 46 V. c. ITj, s. 4, part. 
 
 (2) In other cases the present h)cation of Iiead ofHces o^ 
 companies in existence, and the original location of head offices 
 of companies hereafter to be formed, shall only be chaiij^ed by 
 a two-thirds vote of tlie members or shareholders of the 
 company at a special meetirit( called for that purpose. II. S. O. 
 1877, c. 161, H. 70 ; 46 V. c. 1.5, .s. 4, part. 
 
 {']) Where any company is entitled to remove its head 
 office from one place to another, without the consent of the 
 Lieutenant-Cilovernor in Council, notice of any such change 
 and of any I'esoiution or by-law authorizing the .?ame, shall be 
 fortliwith given liy the seeretary of the company to the In- 
 spector of Insurance. 46 V. c. 15, s. 4. 
 
 533. The Lieutenant-Governor in Council may require the 
 same notice to be given upon any application for such change 
 of name or of head ollice as is I'eipijred upon an ajiplication for 
 Letters Patent by tlie Act entitl(Ml '-An Aet rc»[iefl[)i(j the 
 hu'oi'pond'nm of Joint Htock Oomjttinien fn/ Lclterx Patent." 
 44 V. c. 20, s. 25. 
 
 '/in. Notice of any change of nnme or of head office shall 
 be forthwith inserted by the company in tlie Ontario Gazette, 
 
 Title IV. — Buanciiks .\ni> DEiuruMENis im Mutual and 
 Ca.,H-MI!TUAI. FlHK, Insihance Co.mpaxies. 
 
 Kstablishimiit *^4:- ^"y Mutual or Ca.sli-Mutual Company may, with the 
 
 of ijiiimliis. piMivious assent of the Li'utenant-Ciovernor in Council, sepa- 
 
 I'ate its business into bi'aoclies nr di'iiai-tnients, with reference 
 
 to the nature or classiHcatiiui of the risks, or of the localities in 
 
 whicli insurances may be effected. II. S. O. 1(S77, c. 161, s. 64. 
 
 Scale of risks 35. The Directors of every .such company so .separating its 
 to be made for business shall make a .scale of risks and tariff of rates for each 
 each branch. ),,j.„jjp],_ j^,,,} di^ct tliat tlie accounts of eacli .shall be kept sepa- 
 rate and distinct the one from the other. R. S. 0. 1877, c. 161, 
 8. 65. 
 
 Expen.sestobo 26. All necessary expen.ses incurred in the conducting and 
 divided ba- niaiiagemeut of sucli companies shall be assessed upon and 
 esTn'Por''"'^''" ilivided between the several lii'anelies in such proportion as the 
 tionately. directors determine. R. 8. O. 1877, c. 161, s. 67. 
 
 TiTijc V. — Guarantee Cai-ital in Mutual oh Cash-Mutual 
 FiuE Insurance Comi'anie.s. 
 
 I'ower to raise 37- Any Mutual or Cash-Mutual Fire Insurance Company, 
 a jfuarantee ' incorporated under this Act or any former Act, may raise by 
 subscription of its members, or some of them, or by the admia- 
 
 6(i 
 
 capital. 
 
9 
 
 sion of now mciiiln'i's not lieinj? persons insurpd in tlit- coin- 
 pimy, or \>y loim or otlicrwisc, u tfuaraiitcc capital of any sum 
 not loss than .*20,()00, nor cxccfilin^r ii^iOO.OOO, wliidi ^manintuo 
 ca])ital shall liclonj,' to the couijian}' and \ni liable for all the 
 losses, debts and expenses of the company ; and snl)scribers of 
 such cajjital shall, in resi)eet thereof, liave such rij^hts as the 
 dii'ectors of the company declare and tix by a by-law to be 
 ])assed before the capital is subscribed, and unless the capital 
 is paid ort' or discharged, the by-law shall not be repealed or 
 altered without the ))i-ior assent of the Lieutenant-Uoveriior in 
 Council nor without the consc'ut of the niajority of votes of 
 the shareholders or subscribers of such capital who I'epresent 
 a niajority of the shares subscribed, eithei' [>• I'soiially or by 
 proxy, at a meetinji' held for that purpose of the holders of such 
 capital, each shareholder or subscriber being entitled to a vote 
 for every share of §30 held by liini, 44 V. c. 20, s. 7. 
 
 38. — (1) The capital shall be subscrilied by not less than Limitaticim a» 
 ten persons, and no one person shall subscribe, or hold, or receive '" Bunrantee 
 dividends, interest or conunissions, upon more than twenty per ""*'" 
 centum of the guaranteed capital of the stock ; the original 
 list of the subscribers to tlie guarantee capital shall be trans- 
 ferred to and be deposited with the I'reasurer of tliis Province, 
 and shall be held as security for the payment of all losses and 
 other policy liabilities of such companies. 
 
 (2) The company may from time to time, in accordance with '^a"« "i'"" 
 the ])i'ovisions of any by-law in that behalf, approved by the ^'^'jiitni. *^'' 
 Lieutenant-Ciovernor in Council, re({nire any portion of tin,' 
 subscribed guarantee capital to be paid over to the comjiany 
 for the purjiose of settling an}' los.ses of the comiiany. Any 
 sums so advanced shall be repaid by the company within one 
 year tliereafter from the proceeds of assessments upon the pre- 
 mium notes liable to a.ssessment for the ])urpose, and assess- 
 ments may be made from time to time by the company for the 
 purpose of repaying the advances. 44 V. c. 20, s. 8. 
 
 39. In substitution for the subscription list of guarantee Substitution 
 capital deposited as security with the Treasurer, the company ^ppu^t^ies 
 may, with the Treasurer's consent, dejiosit cash or unconditional 
 securities for cash of the kind and to the amount prescrilied in 
 Hcction 40 of this Act ; and the Treasurer shall then^upon 
 release and discharges the said subscription list. 
 
 TiTLK VI. — Shake ok Stock Caimtal in Mhh-al ok Casii- 
 MuTCAL FiUK Insukanck Companies. 
 
 JJO. Any Mutual or Cash-Mutual Fire Insurance Company) I'owsr to raise 
 incorporateil under this or any former Act, may with the pi.i,),- sh^e cental. 
 assent of the ijieutenant-(Jo\ernor in ('ouncil raise a share or 
 stock ca])ital of not less than .SI 00,000, and may with the like 
 assent increase the same from time to time to a siuu not 
 exceeding S'lOO.OOO : Pro\ided that the .same public notice as 
 that preseribi'd by section 9 has been given by the com- 
 pany of its int(>ation to raise, or to increase sucli capital. 
 44 V. c. 20, s. 11. 
 
 31. Every suVi.scribei' sliall, on allotment of one or more 
 shares to him, become a meiidier of the company ; with all 
 incidental rights, privileges and liabilities. 44 V. c. 20, s. 12. 
 GO • 
 
 ,Siili."crib«f9 tn 
 hi'cuiiio iiieiii- 
 berfl of uoui- 
 paiiy. 
 
T 
 
 10 
 
 Tranifer of 
 ■hart'S. 
 
 353. Tlu' sliarca Hbnll ]>>• |x>rsonal estato, and .shall lie 
 transt'eralilc, Imt hd ti'aiislVr hIuiII lie valid unless niado on tho 
 books of tlio c.t>nii)any; and, until fully paid up, no sliare 
 shall be trausi'emblo without thf consent ol' the board of diri'C- 
 tors, nor sliall any transfer be valid while any call previously 
 made remains unpaid ; ami the company shall have a lien on 
 the shares of any shai-eholdei' for luipaid calls or other debts 
 due by him to the company, and foi' any oMi^^ation held by the 
 company ajjjainst him ; and after any call, debt or oliligation 
 becomes due, the company may, upon one month's notice to tho 
 sha 'eholder, his executors, or administrators, sell his shares 
 or a sulHcient portion thereof to pay the call, debt or obliga- 
 tion, .a.'.d transfer the shares so sold to the purchaser. 44 V. 
 c. 20, s. 13. 
 
 Forfeiture of 
 ■kartjB. 
 
 When ooiii- 
 pany may 
 make iiiaur- 
 ances for 
 prttmiiime 
 payable 
 wholly in 
 cash. 
 
 3J{. The company may, also, after default made in the pay- 
 ment of any call upon any share for one month, and after 
 notice haviu}.!; been first given as in the next preceding section 
 mentioned, declare the sliare and all sums pre\iously jiaid 
 thereon, forfeited to the company, and the comjiany may sell 
 or re-issue forfeited shares on such terms as they think lit for 
 the benefit of the company. 44 V. c. 20, s. 14. 
 
 34. After the sum of 8100,000 of the stock or share capital 
 Imti \>{n.'.n bond fule subscri lied, and twent}' per centum paid 
 thereon into the funds of the company, the company may 
 make insurances for premiums payable wholly in cash ; 
 but no insurance on the wluilly cash principle shall make the 
 insured a membi;r of the company, or make Idm liable to con- 
 tribute or pay any sum to the company, oi- to its funds, or to 
 any other mendier thereof, beyond the cash premium agreed 
 upon, or give him any right to a participation in the profits 
 or surplus funds of the company, but the company shall not 
 ti'ansact any business wholly on the cash principle with- 
 out first procuring a license from the 'treasurer, pursuant to 
 this Act. 44 V. c. 20, s. 15, 
 
 Dividends 
 
 Qualification 
 of directors. 
 
 35. The net annual proKts and gains of the company 
 not including therein any prendum notes or undertakings 
 shall be applied, in the tirst place, to pay a dividend on the 
 share capital, not exceeding the rate of ten per centum per 
 annum, and the surplus, if any, shall be applied in the manner 
 provided by the liy-laws of the company. 44 V. c. 20, s. 16, 
 
 36. After the share capital has been subscribed as aforesaid, 
 at least two-tliirds of the persons to be elected directors of the 
 company in addition to the (|ualifications re(|uired by section 
 74 of this Act, shall be lioldei-s of shares of ^'le capital 
 stock to the amount of 83,000, on which all calls have been 
 fully paid ; the other one-third of the directors to be elected 
 shall possess at least the (|Ualifications recjuired by section 
 74. 44 V. c. 20 .s. 17. 
 
 Bylaws. 
 
 37. The boaid of directors of any comi)any which shall 
 raise a .share or st(tck capital uniler this Act, may make such 
 by-laws, subject to the provisions of this Act and not inconsis- 
 tent with or contrary to law, as may be necessary to carry out 
 the objects and intentions of this Act, and to give effect to the 
 provisiniis thereof ; and may rescind, alter, vary, or add to the 
 same from time to time. 44 V. c. 20, s. 18. oe 
 
i 
 
 11 
 
 38, Any Mutual or Cash-Mutuiil Fire Iiisurnnci! (Joinmny How » mutual 
 licn'tiit'iii'c inenrpiinitcd or oi-nnni/cd, or wliicli iiiiiy '»' ''I'l'*'- bc'c'imi"* "" 
 at'Un- iiic(ir|iunitf(l or orj^^'Hiiizud uiidfi' any nl' (lie laws ui tlda stock com- 
 I'nivinei', liaviii^' muiiIuh assiits, aside IVoin invinium notes or •'""y- 
 undertakiiij^'s, HutRfient to n-insun! all its outstanding' risks, 
 after Iiavinif 'd\en notice once a week for four weeks of 
 
 t • I '111' 
 
 their intention, and of tiie nieetinj^ hereinafter jii'ovidi'd tor, 
 in the Ontario Gusette and in a newspaper puMished in 
 the (bounty where the company is located, with the con- 
 sent of two-tliirds of th(^ nieiuliers present at any re^jular 
 annual nieetinj^, and of two-thirds of the suhscrihers of 
 guarantei! capital oi' share oi- stock capital, or at any spt^cial 
 nieetin^Mluly called for the purpose, or with the consent, in 
 writinjf, of two-thirds of the inendiers of tho company, and 
 the consent, also, of three-fourths of the directors, and of two- 
 thirds of the suhscriliers to the yiuirau^ee capital and share or 
 stock cai)ital, may, as provided in so tion 4 of this Act, 
 be formed into a joint stock company 'uider Tlif Ontario 
 Joint Stock Gompanirs Laftvi'K Patent Act, application hav- 
 ing,' heen made in terms of. that Act ; and every member 
 of such company, on the day of said ainiual or sjjecial 
 meetinj,', w the date of the written C(jnsent, shall be entitled 
 to priority in subscribini,' to the capital sto(!k of the company, 
 for one UKmth after the opening' of the books of subscription 
 to the capital stock, in jjroportion to the amount of insurance 
 held bv such memliers on unexpired risks in force on the day 
 of the annual or special meeting', or the date of the written 
 consent; and every company so changed or organized sliall 
 come under and be sut)ject to the pro\'isions of the .said last 
 mentioned Act as provided in section ^ of this Act. 44 V. 
 c. 20, .s. 19. 
 
 30. Any company which may be foi'med undi'i' the '.rovi- New company 
 sions of the last jirecediiig section siiall be unswei'able b)r alP'^,^''f^^^',^**rj-. 
 the liabilities of the company from which it has been formed, ties of former 
 and may be .sued therefor by or under its new cor[)orate name, «'"npany' 
 and the assets, real and pei-sonnl, of the old comiiany shall pass 
 to and become vested in the new company, -t-f V. c. 2(1, s. 20. 
 
 'J'lTr.E VI. — GoVKKNMENT DkPOSITS. (Ai,L COMPANIES.) 
 
 40. —(1.) E.xcept Mutual Fire Insui'ance companies licensed 
 only for the insurance of farm buildings aii<l isolated risks.every 
 eomjiany shall, before the original issue or the renewal of the 
 liceiise, lodge with the Treasurer either in cash, or in any stock, 
 debentures, or otlu-r securities in wliich trustees may invest 
 trust money, the initial or reiiewal deposits respectively V)elow 
 stated : Providi'd that this section, in so far as it amends tho 
 statutes heretofore in force shall not apply to such companies 
 as have heretofore repnrted to the I )epartinent of the Treasurer ; Application of 
 but shall, fi-om th(> passing of this Act, Mp])ly to all other com- ' 
 panics thereafter licensed 49 \. c. IG, s. 24; 42 V. c. 21, s. 1 ; 
 R.S.O. c. 107, .s. 2.S. 
 
 (■-') Tho initial deposit to be made V)y any ccmipany before Initial de- 
 the original issue of the license? shall be the sum ap]K)inted for l*"^'*"- 
 such company in sub-section 4 of this se li. S. (). c. lOG, 
 
 3. 6 (1). 
 66 
 
1 
 
 18 
 
 Ktnewal 
 
 (l«|H>llitl. 
 
 I)«|H>iiiti for 
 ciintingent 
 liability nf 
 
 (3) Before the annual ronc^wal of liconscH tlic amount of 
 tlfjtosit nMiuircd of any company tsliall on or liofori.- the tir.st 
 day of July in each year lio readjusted in terms of tlie next 
 following two suli-sectionN. R. S. O. c. lUO, m. (i (!). 
 
 (4) If on the preceding,' ;} I st ibiy of Deceniher in any yfiftf 
 tho company's total eontini^'ent lialiility or amount at risk 
 
 «2,oo6,6o6 and does not exceed *2,()0(),()()0 ; 
 
 undur. 
 
 'I'hen every Joint Stock Fire, or Fire and Inland-Marine 
 Insurance company, and every Life, or jjife and Accident 
 company, and ev(!ry (Guarantee and Surety company shall keep 
 on (I(!posit with the i'rovincial Treasurer, if a Provincial or 
 Canadian company, |i2"),000 and if a foreiLT. comjmny Ifo0,()(t0. 
 R. S. O. c. l«r», a. (i (1); 
 
 Every Accident company, if Provincial or Canadian, shall 
 keep on deposit with the Provincial Treasurer, $20,000 and if a 
 Joint Stock foreign company, $40,000. R. S. O. 1«77, c, lUO, 
 s. 6 (1); 
 
 Every Provincial Mutual Fire, or Fire and Inland-Marino 
 company, insuring mercantile aild manufacturing risks shall 
 keep on deposit with the Provincial Treasurei', $'),0(I0 ; and 
 every Provincial ('ash-Mutual Fire, or Fire and Inland-Marine 
 company insuring mercantile and manufacturing risks, $10,000 
 
 sit 
 eign 
 
 Additional 
 deposit for 
 each addi- 
 tional million 
 or fraction 
 thereof. 
 
 Every Live Stock Insurance company shall keep on depo-« 
 as aforesaid, if Provincial or Canadian, $10,000 ; and if forei^ 
 Joint Stock, $25,000 ; 
 
 Every Plate Glass Insurance compan}^ and every company 
 insuring against the explosion of stean/lioilers shall keep on 
 deposit, as aforesaid, if Provincial or Canadian, $.'),000 ; and if 
 foreign Joint Stock, $10,000. 
 
 (5) If on the preceding .'{1st day of December in any year, 
 the company's total contingent lialiility, or the amount at risk, 
 exceeds !:?2,0()0,000, then for I'aeh additional $1,000,000, or 
 fracticm thereof, the companies enumerateil in the next preced- 
 ing sub-section shall respectively keep on deposit, with the 
 Provincial Treasurer, by way of additional security, a sum 
 equal to one-Hfth of the initial deposit ; and the i-dditional 
 deposit shall be either in cash or securities as aforesaid. R.S.O. 
 c. 160, s. 6 (1). 
 
 41. — (1) Securities of the Dominion of Canada, or securities 
 issued by any of the Provinces of Canada, shall be accepted at 
 their market value at the time when they are deposited. 
 
 (2) The other securities above specified shall be accepted at 
 such valuation and on such conditions as the Treasurer may 
 direct. 
 
 value"decUne.s ^^^ ^^ ^^^ market Value of any of the securities which have 
 company to been deposited by any company declines below the value at 
 which they were deposited, the Treasurer may, from time to 
 time, call upon the company to make a further deposit, so that 
 the market value of all the securities deposited by any com- 
 66 
 
 Dapoaits, iu 
 what Becuri- 
 ties. 
 
 make further 
 deposit. 
 
IS 
 
 pany Hlmll lus tMiual to tlic nininiiit, wliii-h tlmy aro rocpiinMl to 
 deposit l)y this Act. 11. S. O. 1M77, c. 100, h. 7. 
 
 ('i) Where any .security, <ililii,'ati((ii orcoveiiant.or any interest Socuritipi, 
 ill any real or per.sonal e.state, eU'ects, or propi'i'ty i.s j^ivi'ii, or x^'.a,,I",.r'iif 
 transferred to, made witli, or vested ill tlie Treasurer of On- Ontario liy 
 tario, by virtue of his otKee of Treasun'r, such .security, ol"-;a- ,^}nee,' [o ielt 
 tion or covenant, and any rij^lit of action in respect thereto, in Iuh huo- 
 and all tlie estate, ri^dit'or interest of tiie said Trea.surer in ••'*""'"■• 
 respect of sucii I'l'ul or personal estate, etl'ects or property upon 
 till! deatii, resijfiiation or removal from otKce of the TreasuriT, 
 from time to time, and as often as the ease happens ami the 
 appointment of a succe.s.sor takes place, shall, suhject to the 
 same trusts as the .same were respectively suhject to, vest in 
 the succeeding Treasurer hy virtue of this Act, and shall 
 and may \n\ proceeded on hy any action or in any other 
 manner, or may he ii.ssiyned, transferred or discharged, in the 
 name of such succeeding Treasurer as the same might have heen 
 proceeded on, assigned, transferred or dischai'ged l)y thi* 'l'»'ea.s- 
 urer to, with or in whom they were first given, transferred, 
 made, or vested if he had continued to hold ofHco. 47 V. c. G. 
 8. 1. 
 
 (5) Every such .security, obligation, covenant or interest m AsBiKnmont, 
 real or personal estate, eH'ects and ijroperty mav in like man- "'*'•'■'/■ 
 ner as in tlie last .section mentioned he proceeded on, a.ssigneil, 
 transferred or discharged by and in the name of any memh:-i- 
 of the Executive Council of Ontario, acting under the authority 
 of section 3 of Tlie Act respecting the Executive CouiicU. 
 47 V. c. «, s. 2. 
 
 (G) The fourth .sub-section .shall apply to every security, obli- Application of 
 gation or covenant, and every interest in n.'al or personal estate, ""'' '"''^'- ••• 
 effects or property given or transferred to, inaile with, or vested 
 in any former Treasurer of Ontario, by virtue or on account 
 of his oHice, and shall transfer all the interest, rights and 
 estate of the former 'I'reasuivr to the present Treasurer of 
 Ontario, to lie vested in him by virtue of his office and subject 
 to the provisions of this Act. 47 V. c. (i, s. 'A. 
 
 (7) Where any company desires to substitute other securi- Treasurermay 
 
 ties within secti(m 40 for securities deposited with the "'•''* ™'"- 
 
 Treasurer, the Treasurer, if he thinks fit, may permit the sub- change eeouri- 
 
 stitution to be made. 47 V. c. G, s. 4. ties deposited 
 
 with him. 
 
 48. A company may deposit in the hands of tlie Treasurer Company may 
 any sums of money or securities of the kind prescribed by ^yond the 
 section 40, beyond tlu^ sum by the said section required ; amount 
 and such further sums of money or securities shall be dealt requi?ed ^ 
 witli as if the same had been part of the original deposit ; 
 and no part of the additional deposit shall be withdrawn except ab to with- 
 with the sanction of the Lieutenant-Governor in Council. dr*wnl of 
 R. S. O. 1877, c. IGO, s. 11. ""'P'""- 
 
 43. A company having made a deposit under this Act shall Withdrawal of 
 be entitled to withdraw tfie deposit, with the sanction of the '^sp™'* «>••« 
 Lieutenant-Governor in Council, whenever it is made to appearlicensed by 
 to the satisfaction of the Lieutenant-Governor in Council that l^o™'"!'™. 
 the company is carrying on its business of insurance under 
 license from the Dominion of Canada. R. S. 0. 1877, c. 160, 
 66 
 
14 
 
 Any dofici- 
 (iiicy (if 
 ."('tMiiitv to 
 lie luiuli' (foe 
 iir liccnwi' f( 
 feited. 
 
 44. If from the nniiunl .statoinonts, or after cxaniinntion of 
 till' atl'airs and conilitioii of any coiii])any, it. appears that tlie 
 "1 I'l'-insuranec \ahu' of all its risks outstanding in Ontario, to- 
 ifftlii'r with any otiier liabilities in Ontario, exci'eds its assets 
 in ( uitiuio, includini; the deposit in the hands of the Treasurer, 
 then the coiiipiiny shall he called upon liy the Treasuri'r to 
 make i^ood the delieiency at once, and on failure so to do, its 
 license shall he cancelled, ami its eoi'porate powers shall there- 
 upon censo and determine, except foi- the purpose of winding 
 up its atiiiirs as provided In section 7. R. S. O. 1877, c. IGO, 
 ss. 18, 3. 
 
 An til intpicst 45. Except in cases with respect to which it may be otlier- 
 "" '^''-'"''''■'^"- wise provided by the Lieutenant-Oovernor in CoUTicil, .so long 
 as any company's deposit is unimpaired and no notice of any 
 tinal judgment or order to the contrary is served upon tlie 
 Provincial 'I'l'easurer, the intere'st upon the securities forming 
 the de])osit shall be handed over to tlie company. R. S. O. 
 1.S77, c. 1(J0, .s. 14. 
 
 Ki'iic'wal nil 
 
 CtTt.lill fllll- 
 
 (iiiinns. 
 
 be deemed t 
 the license may 
 renewed, and th 
 if \vithin sixty 
 'Ireasurrr nl' tlu 
 eliiim. or th 
 
 seetinii, such luidisiiut 
 'ir coiiipaiu 
 
 ayaiiist tl 
 
 and void, and shall 
 in section 441 ; but 
 mentioned cases be 
 ' eiiMipany niay again transact business, 
 days after notice to the Provincial 
 II ini' company's failui'e to jiay any undispute'd 
 II' amomit of any final judgment as provided in this 
 .1, ii.,.i;^iwit(.(| claims or final judgments upon or 
 in ( (ntai'io are paid and satisfied, and the 
 compaiiN's drposit is no longei' liable to be reduced below the 
 amount' reiiuired by this Act. R. S. O. 1877, c. IGO, s. 20. 
 
 Odvornnunit 47. The securities ile])osited with th(! Ti'easurei' shall besub- 
 
 rkyrorcrrtiiii'-i'''''^ '^'' '''^''''''''''^'^'"''*''''' '''''y '" i''''<lit'*^t of any coTitract which 
 ciintrai-tHc.nly. falls witluu section 2, auil which fui'ther has for its sub- 
 ject some projierty in tlu- Province, or pro])erty in transit to or 
 from the Province, or the life, safety, health, fidelity, or insur- 
 able intei'est of some resident of the Province, or where the 
 conti'i'ct itself makes the payment thereiuuler primarily pay- 
 abl.' to some resident of the Province. 46 V. c. If), s. 14. 
 
 When a com- 
 iiiiny sliult hi' 
 fiiil'li' til liavi' 
 (ii'IHisits 
 U'liniiiistrrcd. 
 
 48. — ( I ) Any company shall be liable to have its deposits in 
 the hands of the 'i'reasurer administered in mamier hereinafter 
 n.entioiied ujmiu the failure of the company to pay an}' undis- 
 puted claim ai'isiiig under any contract within section 47 
 for the space of sixty days after being due, or, if disputed, after 
 final judgment and tender of a leg.'d valid discharge, and (in 
 either case) after notice thei'eof to the Pro\incial Treasurer, and 
 to till! Inspector of Insurance. In case of such administration. 
 
I 
 
 
 all (lo])<wits of the coiiipany, ln'ld liy tlic Ti'i-asunr, slmll lie Prfivisidns for 
 applied /)/•() /•((/(( towanls flic imviiu^iit. of all claims diilv an- |^l'i'''''A" ''■''' "' 
 thi'nticatt'dai;aiiist, tlicfoiiqiaiiy.a.s well as iii rcsprctol iitu'tiru'd such ciuie. 
 pnMiiiuni.s, such liciiij;' claims and jiivmiums under the 
 contracts aforesaid, nnd the distiihution of the proceeds of such 
 tleposits may lie made liy order of the liii^h Court 
 
 (2) In any cas(^ where a claim accruiiis,' on the occurrence of I'n.visn, if 
 any event is hy the tei'ms of the contract i)a.vahle on iii-oiif of ''v'"-^' """,, 
 
 ', '' . • I 1 1 1 1 ■ driven fur I'll' 
 
 sucli occurrence, without any siipulated (k'lay, tlie notice p,iyMiciiti>f 
 reipiired nude'' this .section slial! not lie niN'en until after the ""^ '"•"*■ 
 lap.se of sixtv davs from the time wiieii the claim hecoinesdue. 
 R. S. (). LS77, c. \('A),s. 21. 
 
 4:1>. Before an application is made to a Court for the sin-- sumndui- of 
 render of a compaiiy's deposit with the (Jovern.iieiit at least ten ili'inwit. 
 days' notice of such intended applicition shall lie served on the 
 Treasurer or his deputy, and also upon the inspector of Insui'- 
 ance ; and the notice shall ilesijfiiate the C.'ourt to which ap|ili- 
 cation is pi'oposed to he made, and shall state the day named 
 for the hcarin^f of the same. 40 V. c. I"), s. \'2. 
 
 50. — (1) Upon i^raatiny- an order for administration as afore- 
 said, the Court sliall ajijioint a recei\t'r. who may he an otlicer 
 of th(.' Court, wh(. sliidl forthwith call u|)on tlie comjiaiiy to 
 furnish a statement of all its outstaiidiiiif contracts. heiiio- within 
 the sections '2 and -17. and upon all claimants under such 
 contracts to file their claims; and uiion the liliiiL;df the cli.ims 
 heforc the receiver, the parties interested shall ha\e the rii;ht 
 of contestation thereof, and the rii;ht of ajipeal from the dtci- 
 sion of the recei\er to the ('ourt as afoi'esiiid. accordiny- to the 
 practice of the l/onrt : and in case of any such administration, 
 the claimants afoi'e.said shall he entitled to claim foi- a jiart of 
 the premiums paid ])roportionate to the unexpiri'd jiei'iod of 
 their contracts i-especti\ cly, and such unearned pi'emiums shall 
 rank with judi;'ments ohtained and claims accrued, in the dis- 
 trihuticaiof the assets ; and up(m the completion of the .schedule 
 to he jirepaivd liy the recei\('r of all judi;nieiits a,<j;ainst the 
 com])any upon the said outstaudinu; contracts, and of all claims 
 for unearned iremiuiiis or i'or surrender of jiolicies, tlu' t'oui't 
 shall cause the securities held liy the Treasurei- for thec(im|iany, 
 or any part of ti , to he sold in such manner and after such 
 notice and formalities as the C'ourt ajipoints ; and the jiroceeils 
 thereof, after jiayiiiL;- expenses iiieurreij. .shall he distrihuted 
 jiro vain amon;;st the claimants acconlinu' to the schetlule, 
 and the halance, if any, shall he suri'eiideii d to the compaii\'. 
 But, if any claim aiises within section ■1'7 after the state- 
 ment of the said outstaiKlilli;' eontraels has heeu olitailied from 
 the i;ompaiiy, as hereinhefoi-e pro\ ided. and lielore the liiial 
 ordei' of the t'ourt for the distrilmtion of the proceeds of the 
 securities, or ii' the proci eds of the seciii'ities are not sullicieiit 
 to cover ill full all ciiiiiiis recorde(| in the .scIumIuIc, such addi- 
 tional claimants shall not he haired from any recourse they 
 ma\' have aiiiiiiist the company in respect of such defi- 
 ciency. 
 
 (2) The ('oui't. hy the order a)ipnintiii^ a recei\er. or hy an\' 
 suhsccpicut order, may authorize the reei'i\fr to exercise in 
 respect of file accounts of the enmpany all or any of the pow- 
 ers which the Masti'r in Ordinary wmild lia\i; if he were tak- 
 
 m 
 
 Aiipdiiitini'iit 
 <pf ii'ri'ivi r ; 
 hi.-i ilutv. 
 
 I'lin'ci'iliii^'s ill 
 CUM' of ailiiiin- 
 i.slnitiuii. 
 
 Wli.it limy 1)0 
 olaiiiii'il liy 
 jiiii'tii'HinHurfd 
 ill Untariii. 
 
 Silk' iif si'cui'i- 
 tit'H dt'iiottitt'd. 
 
 If fiirtliir liiKii 
 
 DCCIIlB aiul 
 
 ili'|ii>sit.s (Id 
 lint (.'liver 
 (-Iniiti.i. 
 
 ('(mil limy 
 c'liiifir ii|ii.ri 
 receiver t.lid 
 liiiwcr nf ,'1 
 Muuter. 
 

 Canv ceasing 
 usincai. 
 
 # 
 
 . ing an account of the claims against tJie said deposi , and every 
 receiver so authorized shall possess the said powers as well as 
 the powers usually enjoyed by a reeei%(H- appointed under an 
 order of the said Court. R. S. O. 1877, c. KiO, s. 22. 
 
 Duty of Com- 51. Where a company has ceased to transact liusiness in 
 Ontario, and has given written notice to that effect to the 
 Treasurer, and to the Inspector, it shall re-insure all such 
 outstanding c ">' ••. cts as are within section 47 in some 
 company or coin, mies licensed to do husiness in Ontario, or 
 ohtain a discharge of such contracts, and its securities shall not 
 
 . be delivered to the company until the same is done, to the 
 
 satisfaction of the Treasurer. R. S. O. LS77, c. lG(),s. 23. 
 
 Conditiong on 52. Upon iiuikiug application for its .securities, the company 
 may te "'""*' shall file with the Inspector a list of all contracts 
 released. witliin Section 47 which liave not been so re-insured or have 
 
 have not been di.schai'ged ; and it shall at the same time pub- 
 lish in the Ontario Gazette a notice that it has applied to Gov- 
 ernment for the release of its securities on a certain day, not 
 less than three months after the date of the notice, and calling 
 upon all claimants, contingent or actual, opposing the release 
 to file their opposition witli the Inspector on or before the day 
 so named ; and after that day, if the Treasurer is satisfied that 
 the company has ample assets to meet its liabilities under 
 section 47, all the securities may be released to the Company 
 by an order of the Lieutenant-Governor in C'ouncil, or a suffi- 
 cient amoimt of them may be retained to cover the claims 
 filed; and the remainder may be reU^ased, and thei-eafter from 
 time to time as such opposing claims lapse, oi- profif is adduced 
 that they have been satisfied, further I'eli'ast's may be made 
 on the authority aforesaid. R. S. O. 1877, c. IGO, .s! 24. 
 
 :^i- 
 
 TiTLK VIII. — License — (All Companies.) 
 
 Certaindoeu- 5'A. — (1) Before the issue of a license to a company nut 
 fil?d'before incorporated by Pi'osincial auth(n'itv, the company shall tile 
 licenno is in the office of the Inspector, a certified Copy of the Act of in- 
 
 gT.intcd ; what corporation, or other insti'ument or as.sticiation of thec()mi)anv, 
 show. ajid al.so a power ol attorney from the company to its 
 
 chief officer or agent in the Province, undei' the seal of the 
 Com[)any, and signed by the president and secretary or other 
 proper officer thereof, containing the; matters hereiiuifter men- 
 tioned, verified by their oath, and fui-ther corroliorated on oath 
 by the said chief officer or agent in the Province, or by some 
 pca'son cognizant of the facts necessary to its verification, and 
 also a statement of the condition and attairs of the company 
 on the .'31st day of Decemiier then ne.xt preceding, or up to the 
 xisual balancing day of the company (Viut such day shall not be 
 more than twelve months before the filing of the statement), 
 in such form as may l)e re(juired by the Treasurer of Ontario. 
 
 (2) Tlie power of attorney shall dechve at what place in 
 the Province the; chief agency of the company is, or is to be 
 estalilished, and sliall expres.sly authorize the attorney to 
 receive process in all actions and proceedings against tlu; com- 
 pany in the Province for any liabilities incurred l)y the company 
 66 
 
 Contents of 
 power of 
 attorney. 
 
 1, 
 
17 
 
 :'^i. 
 
 1, 
 
 tlierein, and sliall declare that service of process for or in i-owpect 
 of such liabilities at the cliief agency, or personally on the attor- 
 nuy, at the place where such chief agency is estaMislied, shall 
 he legal and binding on the company to all intents and piiri)oses. 
 
 (3) Whenever a company licensed under this Act chang(;s If ohftn?e» are 
 its chief agent or chief agency in Ontario, the company shall ,'i'^".'ncj",iocJi. 
 file a power of attorney as herein hefoi'e mentioned, specifying nicnt'toba 
 the change, and containing a similar declaration as to service ° ' 
 of process as hereinbefore mentioned. 
 
 Hncli doou- 
 niHiits to be 
 filed ill Coart. 
 
 Certain re- 
 cords to be 
 kept in the 
 Treasury De- 
 partment. 
 
 Terms wliore- 
 nn license may 
 be renewed. 
 
 (4) Duplicates of all such documents duly verified as afoi-e- 
 said .shall lie filed at Toronto, in the office of the Clerk of the 
 Proces.s. R. S. O. 1.S77, c. 1(J(), .s. 15. 
 
 (5) There shall l)e kept in the office of the Inspector 
 a record of the several documents filed by every 
 comjiany under this section, and under the lieadiiig of 
 the com])any shall be entered the securities deposited 
 on its account with the Provincial Treasurer, naming 
 in detail the .several securities, their par value, and value 
 at which they are ri^ceived as deposit ; and b(^fori! the 
 is.sue of a new license, or the reni-wal of a license to a com- 
 pany, the re(|uii'ements of the law shall ln' complieil with 
 by the company, and the statement of its afiiiirs must shew 
 that it is in a condition to meet its liabilities ; and a record of 
 the licenses as thev are i.ssued or renewed .shall al.so be kept 
 in the office of tlie'lnspector. R. S. O. 1877, c. 160, .s. 29. 
 
 54. — (1) After the certified copies refei'red to in the last ])re- Process and 
 ceding .section and the power of attorney are filed as aforesaid, •■^<^"""»' 
 any process in any action or proceeiling against tlie company, 
 for liaV)ilities incurred in the Province, may iie served on 
 the company at its chief agency, and all proceedings may lie had 
 thereupon to judgment and execution in the same manner and 
 wifcli the same force and efi'ect as in the proceedings in 
 a civil action in the Province. 
 
 (2) Nothing herein contained shall render invalid service in Service other- 
 anv othei' mode in which the companv may be lawfully ^,^1^'^'^" 
 served. R. S. O. ]«77. c. KiO, s. IC. ' " 
 
 55. E.xcept companies licensi^d bv the Ti'easurer, and, '^'""P''"'''' , 
 
 ' •!' I • i- o •. in i. 1 required to ba 
 
 companies specined m section J, it shall nt)t be licensed, 
 lawful for a company to undertake or efi'ect or solicit, 
 or to agree or ofi'er to undertake or efi'ect, any con- 
 tract within the intent of section 2, whether the 
 contract be original or i-enewed ; oi' to accept, or agree or 
 negotiate for any i)remiuni or other consideration for the con- 
 tract ; or to prosecute or maintain any action or proceeding 
 in respect of the contract, except such actions or jiroci'edings 
 as arise in winding up the affairs of the company under 
 section 7. il. 8. O. bS77, c. KiO, s. .S. 
 
 5<». Any director, officer, agent. ''luployee, or other person i>e„„|ty fo,. 
 who, in contravention of section ■'>'> undertakes or efi'eefs, or transacting 
 
 iv . 1 !_ I Li* L I • • 1. i i. lnmiiieHS ill 
 
 agrees or otters to undertake or effect, or solicits, any conti'act or t.,,iiti;,vention 
 coll(>cts any premium in behalf of any com])aiiy, wifhoiit the "f this Act, 
 company lieing licensed under this Act, or if such license 
 has been withdrawn, without the renewal thereof, or 
 66 
 
■▼r 
 
 i 
 
 18 
 
 without tiling tlie copy of the Act of incorporation, or other 
 instrunu-nt of association of the company, and the power of 
 attorney or any I'enewal thereof in the event of any cliange na 
 hereinhelbre provided, sliall be liahle to a i)ena]ty of $200 for 
 "jappM"^ everysuch contravention of this Act, whicli penalty may be 
 sued for and recovered on infoi-mation tiled in the name of the 
 Attorney-( Jeneralof Ontario ; and one-half of the penalty, wlien 
 rec()vered, shall lie paid for the use of t'le Province,and the other 
 half of the penalty to the informer ; and in cas(! of non-pay- 
 ment of the penalty and costs within one month after judg- 
 ment, the person so ott'ending shall be liable to unprisonment 
 in any gaol f)r prison foi- a pei-iod not exceeding three inonths, 
 in the discretion of the Court wherein he is convicted. KS O. 
 1877, c. 160, s. 19; 44 Y. c. 20, s. 23. 
 
 Flint) of 
 liceiiie. 
 
 When license 
 shall i.4sue. 
 
 bui 
 
 57. The licen.se shall be in such form as may be from time 
 to time determined by the Treasurer, and shall specify the liusi- 
 nesa to be carried on by the company ; antl shall expire on the 
 thirtieth day of June in each year, but shall be renewable from 
 year to year. R. S. O. 1877, c. 160, s. 4. 
 
 58. As soon as the company applying for a license has 
 depcsited with the Treasurer the secui'ities liereinbefore uKiu- 
 tioned, and has otherwise conformed to th(! requirements of 
 this Act, the Treasurer mav is.sue the license. R. S. 0. 1877 c 
 160, 8. 5. 
 
 OompanicB to 59. Every company obtaining a licen.se .shall forth- 
 Cne'e!"*"^"' ^'^^'^ «'i^'*^ '^"*^ notice ' thereof in the Ontario Gazette, and 
 in at least one newspaper in the county, city, or place 
 where the head otfice or chief agency is established, and shall 
 continue the ])ublication thereof once encli week for the space 
 e".l!?L':'""""» of foui- weeks: and tlie like notice shall b,; given for the same 
 period when the company ceases, or notifies that it intends 
 to cease, to carry on business in Ontario. R. S. 0. 1877, c. IGO 
 s. 17. 
 
 60. — (1) Whei-e a company desires to extend its business to 
 some othia- branch within the intent of this Act, and ha.s 
 complied with the law in respect of additional deposit and 
 otherwise, the Treasurer may on the report of the Inspector 
 issue to the company a supplementary license authorizing it to 
 undertake such other branch of business. 
 
 (2) When a supplementary license is granted, it shall be 
 recorded in the books of the Inspector and filed in the same 
 registry office as tlie original or prior license. 
 
 (3) The provisions herein enacted as to the continuance, 
 renewal, suspensicm, and cancellation of licenses, shall (Hiually 
 apply to supplementary licenses. 44. V. c. 20, s. 6 ; 47 V c 
 28, s. 1. ' ' 
 
 celTiSgYuBi- ^1-. -^ft''!" «■ company has ceased to transact bu.siness in 
 ne.B in certain Ontario after the notice hereby- reijuired, and its license fias in 
 bmV"''*'' con.secpience been withdi-awn,"' th(> company shall neverthele.ss 
 pay tlie losses arising from policies not re-insured or surren- 
 dered, as if the license had not been withdrawn R S 
 0. 1877. c. 160, s. 25. 
 m 
 
 
 I 
 
TT- 
 
 J 
 
 mmt 
 
 wmmmm 
 
 u 
 
 ii2. The Provincial Treasurer shall cause to he puhlished St&tement to 
 half-yearly in the Ontario Uazctte, a ii.st of companies licensed l" 'p"Scf«l 
 mider this Act, with the amount of tlie deposit nuult; hy each 'l^Miure?"' 
 company ; and upon a new couipauy hein<,f licensed, or upon 
 the license of a C()m[iany hcing witluh'awn in tlie interval 
 between two sucli Iialf-yearly statements, he shall publish 
 a notice thereof in the Ontario (xuzetle for the space of two 
 w«eks. R. S. U. 1877, c. l(jl), s. LS. 
 
 Title \X.~Feks.~(AII Companies.) 
 
 63. Each company respectively shall i)ay to the treasurer the following 
 fees : — 
 
 1 For recording and hling in the otlice of the iii8i)octor the 
 
 ^ documents required by sections 4, 17, 53 $ 10 00 
 
 2 For change of attorney under section 53 5 00 
 
 Ai)plication for change of name or of head office 10 00 
 
 3 For initial license to do businoss : — 
 
 .foint stock company loo OO 
 
 Cash-Mutual company 50 00 
 
 ^l»tnnl ; . . , . 25 00 
 
 4 For each annual renewal of license : — 
 
 Joint stock compiiny 50 00 
 
 Cash-Mutual company 25 00 
 
 Mutual '.'.'.''.'.'.'.'.'.'.'.'.'.'.'.'. 5 00 
 
 6 For each Supplementaiy License : — 
 
 J"'''-''' •, 20 00 
 
 lienewal 10 00 
 
 G For filing annual statements .— 
 
 Joint stock company 5 00 
 
 Casii-Mutua! couii)any r, oq 
 
 R. S. (). 1877, c. I(i0, s. 35 ; </. 44 V. e. 20 s. 5 ; 47 \'. c. 28, s. 2. 
 
 Title X.— Inteuxal iMA.VAtiicMENT of Mutual and Cash- 
 Mutual FiiiE Insurance Companies. 
 
 04. Sections G")^to H7 inclu.sive, shall apply only to Mutual Re.trict»d 
 and Casli-Mutual Fire insurance companies. " application. 
 
 l.—Admisaion and withdraund of members. 
 
 65. The eompan^• may admit, as a m<>mber thereof, the Pnwe,- to 
 owner ot any pn^pei .y, movable or immovable, and mav insure ;"''"'' '?''"'' 
 the same, whether the owner tlier-'of is or is not a fr,;hol.lHr ; iWa 
 and every person admitted a membor of the e(.m])anv bv the 
 insurance shall l.e entitled to the like riohts, ami lie .subjected 
 to the like liabilities as other members of the comnanv R 
 
 S. O. Ifs77. c. IGI, s. ;{(). I . • • 
 
 66 Meiubers of any sueh company insuring i,i one Mutual Member.tobe 
 Drancli shall not be liabk" for claims on anv other Mutual !'»'''« t" •°« 
 branch; but this limitation of liabilitv shall not api)lv as ^'■*""'' '"'''• 
 between the Cash branch of a Cash-Mutual comiiany ami any 
 other branch thereof. R. S. O. 1877, c. 1(51, ,s,s. (JC, 29. 
 (ifl 
 
20 
 
 Liability of 67. No moinlxT of any Mutual luHurance company to 
 
 memberi. -^vl,iell this Act may apply .sliall l.(> liahlo in msjicct of any loss 
 
 or othw claim or demand against tlio company, otlicnvist' tlian 
 
 upon and to the extent of the amount unpaid upon liis 
 
 premium note or underoakino-. K. S. (). 1877, c. Ifjl, s. fiS. 
 
 Members <>8. Any mendier of the companv may, with the consent of 
 
 withilrawinr. the directors, withdraw therefronr ui)on such terms as the 
 directoi's may lawfully recjuire. H. S. O. l.H77,e.l(il, s. SI. 
 
 ■ '. — (le It era I Meet ln<fii. 
 
 <»{). A meeting of the niendiers for the election of directors 
 shall he held in every year, within two months after the thirty- 
 tirst day of l)ecend)er in each year, at such time and place as 
 may ho prcscrihed liy the hy-laws of the company. R. S. 
 LS77, c. 101,. s. 10. 
 
 Annual meet- 
 ing for elec- 
 tiim (jf IJireo- 
 tun. 
 
 I 
 
 .^nd""utu^'""'^ ^**- ^* nnniml meeting-.s, in a<ldition tn the election of direc- 
 ment. tors, a report of the transactions of the company for the year 
 
 ending on the pi'evious thii-ty-fiist ilay of Decemher, shall bo 
 presente(l and read, together with a full and uiu'eserved statt - 
 luent i)f its atiiiirs, e.xhiliiting receipts and exiiendiiuifs, assets 
 and liahilitie.s. R. S. (>. i,S77, c. Kil, s. II. 
 
 Notic* of 
 (iiinu.il or 
 Hpeciiil mest- 
 iiigi. 
 
 71. Notice of any annual or special meeting of the mend)ers 
 of the company shall he j)ul)lished in one or more newspapers 
 for at least two weeks previcnis to the day ot the meeting; 
 and the board of director.s nuiy convene at any time a general 
 meeting of the company upon any urgent'occasion, giving 
 notice thereof as herein provided. R. S. 0. liS77, c. 1(J1, .s. 12. 
 
 h^t^vote^ '^'f I^^''^!' "'finber of the company sliall bo entitled, at all 
 
 prnyortionate uiei-tiiigs of the couipauy, to the iunid>er of votes proportioned 
 of their'in'ur-* *'/ ^'"'. '"""""t by him insure.l, according to the following rates, 
 ance. that is to say : for any sum under ^l.oDO, one vote ; from 
 
 81,000 to ?;},0()0, two 'votes; from !?;},000 to ?r),OOoi three 
 votes ; and one vote for every additional $;iOOl) ; but no 
 mendier shall be entitled to vote while in arrear for any assess- 
 ment or premium <lue by him to the companv. R S O 1877 
 
 c. iGi,.s. la " 
 
 SSntft?' ^'^ N() applicant for insurance .shall be competent to vote 
 vote. or otherwise take part in the company's pi-oceedings until Ids 
 
 application has been accepted by the board of directors 48 
 
 V. c. 30, s. 0. 
 
 (Qualification 
 of directors. 
 
 S. — Diirctorx. — QmilificatUm, Election, etc. 
 
 74. 1'he directors shall be mendiei's of thi^ companj', and 
 insured therein, for the tinn; they hold oflice, to the amountof 
 $800 at least; and wh.ere the Company has a share capital 
 two-thirds of the Directors shall have the further (lualitication 
 nu'utioned in section .SO of this Act R S O 1877 c 
 1(51,. s. 14. 
 
 ill 
 
 ..,. ''^^be *'"*• — (1) The Board of directors shall consist of six, nine 
 
 f'.,..,...itrioy twelve or fifteen directors, as shall be <leterndne(l by resolu- 
 
 't' •' tion passed at the meeting held uiider section IS or 
 
 at 
 
 (;g 
 
21 
 
 an annual mooting of tho company, or at a spocial general 
 meeting eallod for tlio purpose of sucii di'toruiination and 
 election. 
 
 (2) The nuuihor of directors constituting such board may 
 from time to time he increased or decreased, if so decided 
 at a spi'cial general meeting of the company called for the 
 purpose, or at an annual meeting, if notice in writing of tho 
 intention to move a resolution foi' that j)urpose at such annual 
 meeting is given to the secretary of the company at least one 
 month befoi'e the holding of the meeting; but the increased 
 or deci-eased mnuljer of directors shall in any such case be six, 
 nine, twelve or fifteen as aforesaid. 4S V. c. 3(j, s. 1. 
 
 7(>. A copy of the resolution specified in tlie last preceding Copy of rpio- 
 section, together witli a list of the directors elected there- oJ'directoJ'"* 
 under, both documents being duly certified under the hands of to bt- Hied, 
 the chaii-nmn and secretary of the annual meeting or special 
 general meeting afore.said.'shall be filed in tho office of the 
 Inspector and also in tin Registry Office. iH V. c. 36, .s. 2. 
 
 77. 01 the dii'eetors elected, us hereinbc'foro provided, one- Retirement of 
 tiiird shall iT'tin; aimually in rotation, and at tho first nieeting roution! '" 
 of the directors, or as soon thereaftei' as ])ossible, it shall 
 be determined by lot which of them shall hold office for one, 
 two or three years respectively, and the determination shall 
 be entei'ed of iveortl as part of the minutes of said first moot- 
 ing. 4cS V. c. 3G, s. 3. 
 
 ilec- 
 
 78. At (!very annual mcethig of the company thereafter, one- 4""""' « 
 third of the total number of direetcms .shall be elected for a v'"c,wial! 
 period o-f three years, to fill the places of the retiring members, 
 
 who .shall be eligible for re-election. 48 V. c. 3G, s. 4. 
 
 79. 'J'he Managei' of a Mutual Insurance Company ma\- Manager may 
 be a director of the company, and may be paid an annual sal- HiiTsMar'*"^' 
 ary, but only under a by-law of the company. R. S. 0. 1877 "*^" *''''■ 
 
 c. 161, s. 15. 
 
 80. No agent or paid officer, or person in the employment Certain i^r- 
 of the company, other than the manager, shall be <'ligible "a^^bWo be 
 to be elected a ilirector. or shall be allowed to interfere in the elated direc- 
 
 election of directors for the company 
 s. 16. 
 
 R. S. 0. 1877, c. ICl, 
 
 tore 
 
 8 1 . The election of directors shall be held and made In' .such Election of 
 mendjers of the company as attend for that purpose in' their ''"'■«'""• 
 own proper por.scms. R. S. 0. 1877, c. 16J, s. 17. 
 
 82. The election of directors shall be by ballot R S O ^^""^f"' 
 
 1877, C. 1G1,.S. 18. • • • -'•el.ctmn. 
 
 83. If at any .such election two or more members have an Case of a tie 
 etiual nund)er of votes, in such manner that a less nund.er of '"^*" *'"''''" 
 persons than the whole lunnber to be elected appear to have 
 been chosen directors by a majority of votes, then the said 
 members ef the company shall pi-oceeil to elect bv ballot, until 
 it is .letermined which of the persons so having an ecpialMum- 
 ber of votes shall bo the director or directors, so as to complete 
 66 
 
Klection of a thc wliole number of directors to be elected ; and the <lirectors 
 iiiui"vk"- hIuiII at tlieir first nicctiiig after any sucli election, proceed to 
 I'riwideiit. ulect by ballot aniony tbeniselveH, a president and vice-presi- 
 dent, and at .such election the secretary shall preside. R. S. O. 
 1«77, c. Kil. s. ly. 
 
 (^""^"nii'ie ^^' ^* " vacancy happens anion;,' the directors durin;,' the 
 tiir, iidw tilled term for which they have been ek ;ted, by death, resij^uation, 
 "!'• ceasing to have the necessary (|uali ieation undi.'r section 74 of 
 
 this Act, insolvency, or by being abs nt, without previous leave 
 of the board, from the board for (''.lee regular meetings in suc- 
 cession, which .shall Iji.^o fnrto create such vacar.ey, the vacancy 
 shall be filled up, initil the next annual meeting, by any person 
 didy (|ualiHe(l, to Ik; nondiiatt'd by a majority of the remaining 
 directors, and as ,so(jn as may be after the vacancy occiu's ; and 
 at the next animal meeting the vacancy shall be filled for the 
 portion of the term still unexpired 11. S. O. 1S77, c. 161, 
 s. 20 ; 48 V. c. 30, s. 5. 
 
 Piovisiim in 
 case i>f fftilui'u 
 ti> elect 
 ilireetorrt on 
 |)i\>pc[' day. 
 
 85. In case an election of directors is not made on the day 
 on which it ought to have been madt;, the C()m])any .shall not 
 for that cau.se be (liss(jlved, but the election may be hehl on a 
 .subseijuent day, at a meeting to be called by the directors, or 
 as otherwise provided by the by-laws of the company, and in 
 such case the directors shall continue to hold office till their 
 successors are elected. R. S. O. 1877, c. 101, s. 21. 
 
 Quornni of 
 directtuB. 
 
 86. Three directors shall constitute a quorum for the trans- 
 acti(m of business : and in case of an e((uality of votes at 
 any meeting of the Board, the question shall pa.ss in the nega- 
 tive. R. S. O. 1877, c. 161, s. 22. 
 
 Directors dis- 87. A director disagreeing with the majority of the board 
 rm'ii'd"ui('ir^ *^^ '^ meeting, may have his dissent recorded, with his rea.sons 
 dissent. therefor. R. S, 6. 1877, c. Kil, s 2:5. 
 
 TiTF.E XI. — Powers of Dirkctors — General Provisions — 
 
 (All Companies.) 
 
 Application of 88. Sections 89 to 98 inclusive .shall apply to all com- 
 8B. 89-98. panies transacting busiiu'ss under license of the Provincial 
 
 Treasurer. 
 
 Appointment 
 of Manl^;er 
 and other 
 otficarB. 
 
 Bourd may 
 adopt a tariff 
 of rates. 
 
 Moetin)^ of 
 thc l)()ard. 
 
 89. The board of directors may from time to time appoint 
 a manager, secretary, treasurer, and such other officers, agents, 
 or assistants, as to them seem necessary ; prescribe their duties, 
 fix their compensations or allowances ; take such si>curity from 
 them as is i-e((uired by this Act for the faithful performance of 
 their i-espective duties, and remove them and appoint others 
 instead ; the board may also adopt a table of rates, premiums, 
 or premium notes, as the case may be, and vary such table 
 from time to time, and determine the amount of the contract 
 to be undertaken ; they may hold their meetings monthly, or 
 oftener if necessary, for transacting the business (jf the com- 
 pany ; and they shall keep a record of their proceedings. 
 R. S. O. 1877, a 161,,s. 24. 
 
 66 
 

 
 90. 
 
 23 
 
 -(1) The board may from time to time inaki,' and pre- Tim Bonrd 
 .serilic sucli hy laws as to them appear needful and juoper, "li^y I'-vhk 
 respecting tlie funds and property of th.i company, the duty ''>'■'''"'• 
 of the officers, a-^^ents and assistants thereof, the elleetual car- 
 ryino' out of tlie ohjects contemplated liy this Act, tiie lioldin^^ 
 of thi> annual moetino-, and all such (jther matters as ajipertain 
 to the business of the company, and ai'e not contrary to law, 
 and may from time to time alter and amend the said liydaws, 
 except in cases with re;^ard to winch it is provided that any 
 «uch hydaws shall not be rej.ealed, or where the repeal woul'd Whe,, by-i^w. 
 attect the rij,dits of otiiers than the nie.niliers of the comimny, '"•'■ "ntropeal- 
 in any of which cases such by-law siiall not be r(>pealed. "''''• 
 
 (2) Every bydaw ( f the board shall ije duly entered in the Wh,.,, r.»olu- 
 nnnutes, and when contirmed at auv subse(|uent meetin" o'' ''"" t" '"i*'' 
 the members, shall be held to be and"^ have the same force ""and ahy'Taw'"' 
 eftect as a bydaw of the company. H. S. U. 1877, c. 101, s. 25. 
 
 (••J) There shall be filed with the Inspector copies of all by- 
 laws that may from time to time be pa.ssed by the company oi' 
 the board. 4G V. c. lo, s. 2, part. 
 
 91. The board shall .superintend and have the management Th,- li.,aid to 
 ot the lunds and property of the company, and of all mattei'.s '""'"«« the 
 relatino- thereto, and not otherwise provided for. 11. 8. (). .'.f'Xe^o.r" 
 1877, c. lGl,s. 2«. '"tiiocom. 
 
 F'any. 
 
 9^. The board may make arrangements with anv other R.-insurano.. 
 company licensed to transact business in the Province' for the "^ ""''»• 
 reinsurance, on such conditions with respect to the pa\nient 
 of premiums thereon as may be agrecfl between them R S 
 1877, c. 161, .s. 27. 
 
 9S. The board may, in the name of the comi)anv, invest luyvMmu,t „f 
 the capital and funds of the company in anv .stock, debentures ^"'pit-'l •'""i 
 
 94.— (1) The board may i.ssue debentures or proiuis.sorv l)imto,R may 
 notes 111 favour of any person, firm, building .society luinkino- 'hjimo ddien- 
 or other coiripany, for the loan of money, and may bo,T..w S^T.'o'te'r 
 money ttieretroin on such debentures or pronii.s.sory notes for f"i- loans ; 
 any term not exceeding twelve months, and on such conditions 
 as they think proper, and may renew the same from time to 
 time for any such term, the whole of the as.sets inclu(iin<'- ''""'''^of t'"* 
 premium notes of the company, being held liabh; to pay the felXV-r 
 same at maturity, but no such debenture or pr()missor\' note the .same. 
 shall be for a loss sum than Si 00. 
 
 ing 
 
 (-) All the deb(>ntures and promissoiy notes at any one tim.i Amount of 
 itsfnn,l,n„- «).„n .,ot e.\ceed one-fourth of the amount remain- '''■i"'';.""."'''. 
 the .same premium notes. R. S 1877 ''^"•"'""^'''^ 
 
 unpaid upoi 
 C. l61,s 29. 
 6K 
 
1 
 
 liBlul that 
 niity litt liuld 
 by the Coiii- 
 pany. 
 
 Limns to nr 
 frun) (liiTO- 
 
 toFH, PtC, 
 
 furbiddeu. 
 
 J)fl. Kvciy cuiiipiiiiy may Imld sudi liiiulsoiily as art' ri'(|ui.sitt' 
 for tli(! acc'uimiKMlatioii of tlic roiiniaiiy, in I'clatioii to tlii' traii- 
 sac'tiiiii of tlu'ir husincss, oi- siicli lands as liavc Imvmi Iioiki fuiv 
 \\iori^ii'^i't\ to tlicni liy way of security, or coiivcyt'il to tlu'in 
 in satisfartion of dclits conti'actt^d in tiic coursi' of tlicii' dfal- 
 inj,'s previously to sucli conveyance, or purcliaseil at sales upon 
 j\iilj,'nientH olitained for sucli delits, and may from time to time 
 .sell and eouvev or lease any sudi lands. It. S. O. Ifs77, c. Kil, 
 .s. 72. 
 
 i)G. No company .shall contract witli any director or otHcer 
 thereof for any loan or credit, or horrowiuLf of mont'V, and 
 every such atti'nipted loan or hori'owin^' is herehy prohihited ; 
 and anv contract in violation of this section shall he void 
 U. 8. 0.' IS77, c. ](■)], .s. 74; +f; V. c. IT., ,s. .".. 
 
 „ 97. The treasurer of the (.'omjiiiny <))• othei' oHic(>r having; 
 
 CompMiy til char)j;e of the nion(>y of the com])any shall yive .security to the 
 (five necurity. .satisfaction of till' lioai'd of directors in a sum oi' not less than 
 
 S2,0()0 for the faithful dlschargv of his duties. U. S. U. 1877, 
 
 c. 1(51, a. 09. 
 
 lUmunerdtion 98. At any anuual meeting of the members or stnckhoMers 
 uf director!, of a company, or at any special <^enei-al iiuM^tinj^' thereof, if 
 such purpose was clearly e.\pressed in the notict' of the special 
 general meeting, it shall he lawful to enact hy-laws oi- jiass 
 resolutions for the remuneration of the directors of the com- 
 pany, and copies of such hy-laws or resolutions shall, within 
 one week after their ]iassiiig, he tiled M'ith the Inspector of 
 Insurance, with whom also shall he tiled copies of aJl other hy- 
 laws that may fiom time to time he enacted hy the company 
 or by the board of directors. 4(5 V. c. 15, s. 2. 
 
 Title. XII. — Books, Accounts and Retukns, — {AU 
 {Covipanics.) 
 
 Application of 99. Wectious 10(> to 10") shall apjilv to all com])aiiies within 
 "»• if*l0^- the intent of this Act. 
 
 Oompany to 100. Every company shall keep such a cla.ssitication of its 
 bookK''as may C'nti'act.'', aud such registers and hooks of account as may from 
 bo directed by time to time he (lirecti'd or authorized by the Provincial Trea- 
 reaiurer. .surer; and if it appears at any time to the lns])ector that such 
 books are not kept in such business-like way as to make at any 
 tini(! a propel' showing of the atfairs and standing of the com- 
 pany, he shall i-e]iort the .same to the Provincial Treasui'er who 
 shall thereu]ion nominate a comjietent accountant to pi'oceiMl, 
 under the directions of the Inspector, to audit such liooks and 
 to give such instructions as will enable the otticers of the com- 
 pany to keep them cori'ectly thereaftei', the expen.se of the 
 accoiuitant to be borne by the com])any to which he is .sent, 
 and shall not exceed ?.'> per day and neces.sary travelling 
 expenses ; the account for such audit and instructions shall be 
 certiti(Hl and a|)proved as pi'ovided in section H.S, and there- 
 upon shall be ])avabl(\ by th(> compatiy forthwith. 44 V. c. 
 20, a. 21 ; 43 V. c. 20, .s. 1 ; 42 V. c. 25, s. 5 part. 
 66 
 
 /^ 
 
9r. 
 
 lOl. Where the coiiipdiiy I. as ii hIuuv or stock capital, tlit^ TmiiHfw 
 coiiiiiimy nIimII kee|) a stuek renister, in wliicli n reeister nl' tlie ••"»'"''■'•'•• 
 
 tnuisrers of Mloek shall he accuiateiy kepi, and it shall at all 
 reasotialile times he open to tiie exaiiiinatiiiu of any sha.re- 
 lioliler ami the Inspeiitor. The entries in sm-li iveister shall 
 inehKle tho t'ollowin^jf particulars: the reeistor nnmhers of the 
 shares transferred ; the anannit of suliscrlhed stuck transfen'eil ; 
 the amount hei'etol'ore paid n\) on such stock ; the names and 
 addresses of the transferor and the transferee ; the date of ihe 
 transfer and the date of conlirmaticai or disallowauci^ hy the 
 hoard. 40 V. c, 1 "j, s. l.'i. 
 
 100 
 40 V 
 
 10!ii. The hooks an.l records re.piired to he kept l)y section [^.X.y,"^,^ 
 and 101, shall inehule only contracts within section 47. iVovincLal 
 c. 1"), s. 14. 
 
 liiiMiniHrt. 
 
 lOa.— (1) It shall he tlit^ duty of the preshleut, vice-presi- ,„,''nt t.."'"^'"' 
 dent, or manaeiu'!' director, .secretarv, or u»inae(.i',and ti'easurer, TiviiHuiii'|>f 
 
 1 ii . • 1 ^ L ^ r ii i. Ontiiilo, wimt 
 
 wiien the secretary is not also treasurer or tlie company, to |^ u,,,^^ ^||,„y^ 
 pi'e])are annually under their oath, on the Hrst day of January, ini'l lij>w it 
 or within ono month thei'cafter, a statement of the comlition "J.^jHed. 
 and affairs of the company lai the 81st of Decendier then next 
 precediuL,', exhihitiii;;' assets, liahilities, receipts and ex])eiidituro, 
 in such foi'in and with such items and detail as shall he 
 required hy the Provincial Treasurer, and to causi? such state- 
 ment to bo deposited in the otHce of the Ins])ector, siich state- 
 ment to he accompanied l»y a declaration to the etti'ct shewn 
 in the form to this suh-section annexed, swoi'n to hefore sonu' 
 p(;rson (hily authoi'ized to administer oaths in any IcLjal pro- 
 ceeding, and evi'ry such pei'son is hei'ehy authorized to admin- 
 ister any oath re(juired under this Act. R. S. O. I.'s77, c. IW, 
 s. 26; c. 101, s. 70. 
 
 Fiinii iif Di-chiratinii to Hrrompioiij tlif Stitti'ini'iif. 
 • 
 PniviiR'i! of Ontario, \ Wo, 
 ("cpunty of J 
 
 I'rc'.siiU'iit, imd 
 Suc'iotary and 'I'lviiHiinT 
 
 of coiiiiiatiy, si'ViTally liiadc oath and .say, and cicli for liim- 
 
 si'if say.s, that \vu are (lie almve dcscriliitd ollit'or.s of tliu said company, 
 anil that wo liavo, oatdi of n.s iniliviilnaliy, tiio nie.ins of voiifyins,' 
 tliu oorroctnes« of tlio statuiiiunt within (.'out.iini'd of tho alfaiis of tliu 
 sai<l company, and that on tho day 
 
 i)f hi.st., all thu altovu doscriliod as.sct.s weiu llio .alisolutu 
 
 [amis 
 ilh 
 
 pro|iuvty of the said company, free and I'iuar from .-my lions or olai 
 thoroon, u.\oopt as aliovc^ statod, jiud that t!io foroLfoin^' statomoiit, w,,,, 
 tho sohi'dnhs and ox|iliinations lit'rounli> annoxod and tiy us snlworiliod, 
 aro.a full iind oorroot o\hiliit of all tlio ii.-ibilitios, and of tho inconu' and 
 o.Nponditni'o, and of llio goner.al rendition and alfairs of tlio said oompany. 
 
 i>n I lie said 
 iMKling on tli.it day 
 
 Sworn hoforo mo, at Ih 
 in thu county of 
 day of 
 
 d.'iy of 
 
 last, and for tho yoar 
 SiiiH'ttuiva. 
 
 , A.I). 1.S 
 
 this 
 
 R. S. O. 1,S77, c. 100, Si'lx'd. 15. 
 
 /.■\\ 'IM i> • ■ 1 'V r i* i i" I Kiinii of .itato- 
 
 (2j 1 he 1 I'ovnicial J reasiu'er may. rrom rnne to tune niak ,|||,,|{. ,|,.,y i,,, 
 such chano-es in the foi-m of the stati'iiu'iitsasseem to him hest olianxod hy 
 adapted to eli(;it from the companies a true cxhihit of their xroasmor. 
 
20 
 
 I 
 
 (!nli||>iillirs t(i 
 ruply til III- 
 miirifH (if lit. 
 QriviiiiHir ill 
 Council. 
 
 IVimlty fur 
 ciiiiti'ivvi!iitiiin 
 
 of ftllllVU 
 
 in'ictiiiii. 
 
 (•(indiliciii ill itspiet to tlii^ M('\ ' 111 points lici'oinbi'foro cunmer- 
 titnl. 11, S. (), IH77, f. KiO. H. 'JUi. 
 
 (."{) Any cnnipuny ^slmll furtlicr, when rt)(iuire<l, inaki' proniiit 
 iinil cxiilicit tinswrr in reply to any iiiiiuirics in n.'latinn to it« 
 transiic'tioiis wliicli niav lie n'(|niri'i| li\- tlie fjiinitonaiit Oov- 
 .•niui- in Council. K. S' O. lH77,e. KjI.'h. 76 (2). 
 
 104. Any violation of tins ne.xt pivcfiiiii),' .scptitm .sliall muIi- 
 juct tlie coiiipany vioiatin;,' tin- .same to a ptuialty of 5J2()() for 
 nvcry violation, and of tlie ailditional .sniii of 8100 for every 
 iiioiilli ihirinj^f wliifli tlie fonipany ne^'ieets to file .sncii 
 affiilax its and Ntiiteiiieiit.H an are therein reipiired ; if Mueli pen- 
 alties are not paid, the Lieiitenant-Governor in Council may 
 order .such conipany',H liceii.He to be .suspended (jr cancelled, as 
 may he deemed expedient. 11. S. O. JH77, c. KSO, 8. 27. >S'ee 
 c. 181. s. 7(). 
 
 Ifi'||".it iif 105. The rrovincial Trensurer from the yearly .statements 
 
 TmiiHu'iI'r to reijuireil to he made, shall ))i'e])are annually an abstract report, 
 
 bo l:iici iM.foie shewiiij^' the results of every company's business tofjether with nn 
 
 fi'mi. '*'"''" annlyslsof every litanch of insurance, with the company's name, 
 
 classified fcom tliestateiiieiits mmle liy tlu' ri's]iective companies; 
 
 and the Tri'iisurer sliall publish the said abstract report fortli- 
 
 with for I'eneral infurmatiun. R. S. (). c. 100, s. HO. 
 
 Title XIII. — Contracts of B'iue Ixsuuance — General 
 Provisions. — (All (Jompanies.) 
 
 TiTinof 106. Coiitract.s of fire insurance shall not in anj' ca.se exceed 
 
 oontraotH. the term of three years; and the insurance of mercantile and 
 manufacturiujj; i-isks shall, if on the cash system, be for terms not 
 exceedin,tf one year. R. 8. U. 1877, c. IGl,, s. 75 ; 4.1 V. c. «, 
 8. 17 ; cf. Statutes of Canada -ii) V. c. 45, s. 48 : and see 11. S. 
 O.c. 161,8. ;}± 
 
 Ronowing 
 policies. 
 
 107. Any conti'nct that may be made for one year or any 
 
 shorter period, iiiav be renewed at the discretion of the board 
 of directors by renewal receipts instead of jiolicy, on the 
 insured payiiij;' the rei|uired ]iremiums, or j^iviiiij; his premium 
 note or umlertakinj;' ; and any cash payments foi- renewal must 
 be made at the end of the year, or other period for which 
 the policy was jfi'anted, otherwise the policy shall be null and 
 void. R. S. 0. 1«77, c. 1(11, .s. H4. 
 
 PropnUy 108. The company may, within the limits ])re,scribed liy 
 
 insured."''' ^^^'^ liccn.se, insure <lwellinif houses, stores, shops and other 
 building's, household furniture, merchandise, machinery, live 
 stock, farm produce and other commodities, apiinst damage 
 or loss by tire or linhtninj^-, whether the same happens by 
 accident or any other means, except that of design on the part 
 of the insured, or by tlie invasion of an enemy, or by insurrec- 
 tion. R. S. 0. 1877, c. 161, 8. 36. 
 
 Minimum 
 
 rates. 
 
 109. The rate to be charged or taken by way of 
 l)r(!mium note for insuring first-class isolated non-hazardous 
 property shall bt; not less than one dollar per one hundred 
 
 v,r, 
 
 I 
 
27 
 
 <l<.llHr.s |,,.r annUM., .M,l 11... nmmnn,,, mt. of insnn.n,... „,,o,i 
 
 iiMk, .iTO.nlniK to til., nahin. „f .„,!, prniHTtv : pn.vi.l,.,! that 
 
 cinig.'.l or taken wlim and .so Ion. r an tho -tons anionnt -t 
 mk ..xc.,...l. «2.00(),.)„„. an.l tl.o uZ\ asset, of SI. 1 ZL;^ 
 U» not fall below tvvo i>,.v centun. ..f the .ros. nmo.uit at 
 
 hToN.ncinl Imisiin, the full amount re,,„iiv.i of new coni- 
 ?K77''' .I;'!'" .?I^ '■ '''*-' con.nieMcen.ent ol this Aet. K. S f) 
 
 Dini^i-s"^" V"/™.''/,'^ •'/■ fi'v insnnuKv issne.l ly the Hoanl of r„neln. to .» 
 Diiect..is seale. with th.. .seal of the enmpany, sh.nea l,v the '','"'""«"" "" 
 Pre.s..lent ,.,; V .ee-lVesi,lent, an,l eo„„t,.,.sin,,e,l Cy the .Wre>"■""'"'^• 
 .1 1 l.--(l) Whenever notification in wiitin..' Iia.s Imvii nw« .• 
 occ vuM.y a u.n.i.an\ tn.ni a person alivadv insnivd, of |,is "fi"«"r.'Mc„in 
 intention or desire tn msiuv an a.lditional .sum on the same """"'"'■"""'• 
 
 ^.all he deemed to he a.s.sented to unless the eom|mn v within two 
 weeks alter the receipt of sueli notiee, si^nilV t;. the pa r tV- , . 
 
 the i.rsu.ed on the pivmnim note or mulertakino-, if nnv shall ''"■ ■' i'li'i""al 
 cease from the date of the dissent, on aeconnt oFanv losVtha '""'''"""' 
 ""lei'^'^T' ^"^ «'»«;'i (^"'"I'Hiiy th.Teafter. II. 8.^0.^877, 
 
 noliceTo', ;r^'^''^^'"';^ to the Oonipauy, and any other written 
 not CO a Company lor any purpose of this Aet, when- the 
 inodo theroo is no ...xpre.ssly provided, may i ■ hy letter 
 dehverel at the 1 cad <.)({ice of the (Jumpany in Ontui , 
 by l•e^•..t.M■,^l post lettera,l,lre..s..d totho Company its ma , I'.r • 
 or u^en at such Head Otfi.v, or by such wri'tte,^noti^!d^, 
 many other manner to an ;uitl,oriz.,.da-eMi -f the (Jompany? 
 
 11 a. It shall be opti.aial with the directors to pay ..rdllow o,r , -.v. 
 Claims whid. are void under the ;;rd, the 4th, or the «th Statu- It'e""'. to'" 
 to,\ ,,ndi lon, or section 111 nf this Act, inca.se the said '"'.V'"'','" 
 d ectors thnik It. to waive the ohjections nu.ntioned in tin^^t^^ 
 said swtion.s. K. 8. U. 1>S77, c. Kil, .s. ■}.;{, 
 
 M,!tni!',l''"'r'"'t''n"?'''''' ''',"." '^ '"'"'•'■'' ".^•'^'■"■^t lir,.on the rv„e..liatio„ 
 Mutual plan he hahle to pay his proportion of tlm loss.s and "f i-liui.-. 
 oxpen.sesot the company to the tin:., of cancelli,,.- the policy 
 an.l on payment of his proportion of ail as.se;:sment,s th.m' 
 payable and t<, hecme payai,le in respect of lo.s.ses and 
 exp.-n.se,s sustained up to such period, shall l,e entitled to a 
 return ot his pivmnim note or nndertakiim- R S O IS77 
 o. 101, s. 44. ■ • ^. io( (, 
 
 no 
 
 I 
 
 t 
 
T 
 
 TiTMi: XIV.— Statitohv Conditions and Puovisions kki,at- 
 IN<1 THKitETo (li[ii(l\iiii all Flic Iii.siirdiice t'lnili'dds 
 whatsoever in Ontario. See Section J). 
 
 SmtoiT' • I'A- 'I'lio eoiKlitions sot foitli in tl.is section shall, as 
 parr (if every ayiiiiist tlii' iiisuriTs, lie (Icciiii'il to 1)0 part of I'vcry contract, 
 val-ied ""'''"' w'lctlior .scalccl, wriltvn or oral, of tire insurance liereafter 
 cnti'i'etl into or renewed or otherwise in force in Ontario with 
 respect to any property tiierein or in transit therefrom or 
 thereto, and sliall he printed on every such policy with the 
 heading;' Htafutorij Condiiimifi ; an<l no stijtulation to the con- 
 trary, or ])rovidins4' for any variation, addition or omission, 
 shall he liindiny on the assured unless evidenced in the maniu-r 
 prescrilied hy sections 115 and IIG. K. S. 0. Ih77, c. 
 102, ss. 8, o ; 4') V. c. 20, ss. 2, 3, 4 : 44 V., c. 20, s. 2«. 
 
 Mi"repreHeii- 
 tatimi iirdiiiin- 
 sioii. 
 
 Poliry sent to 
 be (It'fim'd iis 
 «l)l)lie<l fur nil- 
 leMs \ariam;i' 
 pointed out. 
 
 When Ik 
 chanije as to 
 riMli sliall 
 avoid a policy. 
 Notice of 
 change, etc. 
 
 Change of 
 property. 
 
 Partial dani- 
 lige— salvage, 
 
 Money, HHCUfi 
 tieii, uto. 
 
 STATUTORY CONDITIONS. , 
 
 1. If any person or persons insures his or their Imild- 
 ino-s or [i-oods, and causes the .sanit^ to he deserihed otherwi.se 
 than as they I'eally arts t(, the prejudice of the company, oi- 
 misrejiresents or omits toe >ii':!uniicate any circumstance which 
 is matei'ial to lie made known to the company, in order to 
 enalile it to Jud^H! of the risk it undertakes, such insui-ance 
 shall he of no force in respect to the pro])erty in regard to 
 which the misre|)resentati()n or omission is made. 
 
 2. After applicjition for insnrnnce, it shall he deenii'd that 
 any policy sent to lu^ assured is intended to he in accordance 
 with the terms of the ai)plieation, indess the company ]ioints 
 lait, iu writinn', the particulars wherein the policy <litlers i'rom 
 the application. 
 
 .'{. Any ch.uii;'e material to the risk, and within the 
 control or knowledoeof the assured, shall avoid the policy as 
 to the part atreet''d therehy, unless the change is jirom[)tly 
 notilie<l in writino to the company or its hical ao-ent ; and the 
 conipany when .so iiiititied may return the premium for the 
 unexpired period and cancel the policy, or may demand in 
 writing an additional premium, which the assured shall, if he 
 desires the continuance of the policy, forthwith pay to the 
 comjiany ; and if he neijiects to make such payment forthwith 
 after receiviui, such demainl, the policy shall he no longer in 
 foi'ce. 
 
 4. If the propi'rty insureil is assioiie<l without a written 
 permission endorsed hereon hy an agi'ut of the company dvdy 
 aiithoi'i/.ed for such ]iur[)ose, the policy shall herehy hecome 
 void ; hut tliis condition does not ii]>lily to change of title hy 
 succession, or h\' the o[)eratiun of the law, or hv i'easi)n of 
 death. 
 
 ."). Where ]iroperty insured is only partially damaged, no 
 ahandiaiment of the same will ht' allowed uidi'ss hy the consent 
 of the com[)any or its agent; and in case of the removal of 
 |)roperty to escape^ conflagration, the company will contrilaiti' 
 to the loss ami expenses attending such act of .salvage prii[)or- 
 tionati'ly to the lespective interests of tht^ company or com- 
 panies and the insured. 
 
 0, Money, hooks of account, securities for mone\', ami 
 evidences of doht or title are not a.ssured. 
 CG 
 
29 
 
 7. Plato, plate glass, plated ware, jewelry, luedaLs, paint- I'latc, paint- 
 iiiys, .sculptures, curiosities, scientilic and musical instru- '"^'''> '^'"'■■'*''' 
 nients, liullion, works of art. articles of vertu, frescoes, clocks, ''""' 
 watches, trinkets and mirrors, are not insured unless men- 
 tioned in the policy. 
 
 _ 8. The company is not liahle for lo.ss if there is any prior ivmr ..r 
 insurance in any othei- company, unless the c'>mp,i;n''s assent ""'"■'■">■"' 
 thei-eto appears hei-ein or is endorsed hereon, nor if a'ny suhsi- """"'"""'• 
 quent insurance is effected in any other company, unle.ss and 
 untd the company a.s.sents thereto, or unless the Company 
 does not dissent in writing within two weeks after receiving 
 written notice of the intention or desire to effect the subse- 
 quent insurance, or does not dissent in writing after that time 
 and before the sub.secpient or further insurance is effected. 
 
 9. In the event of any other insurance on the property oaso ,f 
 herein de.scribed having been as.sented to as aforesaid, then tin's t.'. othU* 
 com[)any shall, if such other insurance remains in foi'ce, on '""""''""-■e. 
 the happening of any lo.ss or damage, only Ijc liable for' the 
 payment of a ratable proportion of such loss or daiiuK^e 
 witliout reference to the dates of the ditlerent policies. 
 
 10. The company is not liable for the lo.s.ses followin-r, that 
 IS to .say : " 
 
 (<6) For loss of property owned by any other party than the I,ial,ility in 
 (Lssured, uide.ss the interest of the assured is stated in or upon <='^'""'f """■ 
 
 the policy ; '■ i>wner>.hip. 
 
 (/)) For loss caused by invasion, insurrection, riot, civil com- Ki.,t, invasion, 
 motion, military or usurped power ; etc. 
 
 ((■) Where th,| insurance is upon buildings oi' their contents ci.in.n.yH, 
 —tor lo.ss cau.sed by the want of good and sub.stantial brick op •'i.'<lu..s st<.v™. 
 .stone chimneys; ..r by ashe.s or embers being deposited, with 
 tlie knowledge and con.sent of the a.ssured, in wooden \ f.s.sds • or 
 by .stoves or stove-pipes being, to the knowledge of the a.ssured, 
 111 an uiisate condition or improperly .secured ; 
 
 (d) For loss («■ damage to goods destroye.l or damaged while Ci-mdHtowhich 
 undergoing any process in or by which the api)lication of fire;''''''"'"'-,. . 
 lieat IS nece.s.sary ; '"'"'^' ''I'l'''™- 
 
 (e) For b.ss or damage occurring to buildings or their R'-'pairn by 
 contents while the buddings are being repaired by cariiente-s '^•'"■i«'"tei-.s, 
 .]oiiier.s, plasterers or other workmen, and in 'con.se,|uence' "' 
 tliereoi, imle.ss p.Tim.ssH.n to ..xeeute such repairs had been 
 previou.siy grante.1 in writing, signed by a .Inly authorized 
 
 agent ot the company. Hut in .Iwelliiig-houses fifteen davs 
 arc allowed m each year for incidental repairs, without such 
 permi.ssion ; 
 
 (/•) For loss or damage occurring while p»'troleuni, rock Gnnpmv.lor, 
 earth or coal oil, camphene, gasoline, burning fluid, bnizine <="''!""- ^'te- 
 naphtha or any liqui.l products thereof, or anv of their 
 c. ..stituent parts (refined coal oil for lighting purfx.srs only 
 not exceeding hve gallons in quantity, or lubricating .fi! 
 
 not being cru.le petroleum m.r oil of le.ss .specific gravity than 
 re-juired by law for illuminating purposes, not exceeding five 
 gallons III quantity, excepted;, or more than twenty-Hvo 
 jMiunds weight oi gunpowder is or are stored or kei)t in the 
 
 msiired or containing the property insured, 
 
 HUlUllU. 
 
 permi.s.siou is given in writing by the'coiiipany. 
 
 unless 
 
rr 
 
 Kx|ilos"ion. 
 Lightning. 
 
 Proof of loss 
 when payable 
 to other than 
 assured. 
 Directions to 
 be observed on 
 making olahn. 
 
 Vroof of lows 
 may lie made 
 by agent. 
 
 False state- 
 ment or fraud 
 vitiates claim. 
 
 Arbitr.ition in 
 case of dif- 
 f urences. 
 
 30 
 
 11. Tlio company will inako good los.s caused l)y the c^xplo- 
 siou of coal gas in a buililing not i'orniing part ot' gas works, 
 and loss by tire caused by any other explosion or by lightning. 
 
 12. Proof of loss must be made by the assured, although the 
 los.s be payable to a third party. 
 
 1.'}. Any person entitled to make a claim under this policy 
 is to observe the following directions : 
 
 ('() Ha is forthwith after loss to give notice in writing to 
 the company ; 
 
 (b) He is to deliver, as soon afterwards as practicable, a.s par- 
 ticular an account of tlie loss as the nature of the case permits ; 
 
 (c) He is also to furnish therewith a statutory declaration, 
 declaring, 
 
 (1) That the said account is just and true ; 
 
 (2) When and how the fire originated, so far as the 
 declarant knows or l)elieves; 
 
 (:?) That the fire was not caused through his wilful act or 
 neglect, procui'ement, means or contrivance ; 
 
 (4) The amount of other insurance.s ; 
 
 (o) All liens, and incuiid)ranceson the subject of insurance. 
 
 (G) The place where the property insured, if movaljle, 
 was deposited at the time of the fire. 
 
 (d) He is in support of his claims, if ixMiuired and if prac- 
 ticaV)le, to produce books of account, warehouse receipts and 
 stock lists, and furnish invoices and other \()uchers ; to furnish 
 copies of the written portion oi all policies ; to separate as 
 far as rea.soiiably ma}' bo the damaged from the undamaged 
 goods, and to exhibit for examination all that remains of the 
 pj'operty which was covered by the policy. 
 
 ((') He is to produce, if re(iuired, a certificate under the hand 
 of a magistrate, notary public, connnissioner for taking 
 affidavits, or municipal clerk, residing in the vicinity 
 in Avhicli the fire happened, and not concerned in the loss or 
 related ti) the assure(| or sutl'rrei's, stating that he has examined 
 th(^ circmiistances attending tlie fire, loss or damage alleged, that 
 he is ae(iuainted with the character and circumstances of the 
 assured or claimant, and that he \erily belieNCs that the assured 
 has by misi'ortuiu^ and without fraud or evil practice sustaini'd 
 lo.ss and damage on the subject assured, to the amomit certified. 
 
 14. The above pi-oofs of loss may be made by the agent of 
 the assiu'eil, in case of the absence or inability of the assured 
 himself to make the same, such absence or inability being 
 satisfactorily aeccnmted for. 
 
 15. Any fi-aud or false statement in a .statutory declaration, 
 ill relation to any of the above particulars, shall vitiate tlie 
 claim. 
 
 IG. If any difference arises as to the value of the property 
 insured, of the property .saved, or amount of the lo.ss, such 
 value and amount and the proportion thereof (if any) to be 
 paid by the company, shall, whether the right to reco\'er on 
 the policy is dis])uted oi' not, and independently of all otlusr 
 (juestions, be submitted to the arbitration of some person to be 
 06 
 
 .(. 
 
 I 
 
SI 
 
 chosen by both partios, or 'f boy cannot nrji'ce on one 
 person, then to two persons, one to be chosen by the party in- 
 Hured an<l tlie otlier b}' tlie company, and a tliinl to be 
 appointed by the jiersons so cliosen, or on tlieir failing- to ai^ree, 
 tlien by tlie (!onnty Jndge of thi' Connty wlierein tlie loss has 
 happened ; and snch re't'erence shall be snbject to the provisions 
 of the laws applicable to references in actions ; and the award 
 shall, if the company is in other respects liable, be conclusive 
 as to the amount of the loss ami proportion to be paid by the 
 company; where the full junount of tlat claim is awarded the 
 costs shall f(jllow the event ; and in other eases, all ijuestions 
 of costs shall be in the discretion of the arbitrators. R. S. 0. 
 1887,0.161,8.157. 
 
 17. The loss shall not be payable until days after 
 completion of the proofs of loss, unless otherwise provided for 
 by the contract of insurance. 
 
 (a) The blank sliall be filled in the case of mntnal and cash 
 mutual companies with the word " sixty," and in the cnse of 
 other com[ianies with the word " thirty." 
 
 18. The company, instead of making payment, may n'])air, 
 rebuild or replace, within a reasonable time, the pro]ierty dam- 
 aged or lo.st, giving notice of their intention within tnfteen days 
 after receipt of the proofs herein re(|uired. 
 
 19 The insurance may be terminated by the company' by 
 giving notice to that efl^ect, and, if on the cash plan.by tendering 
 therewith a ratable proportion of the premium for the unexpii'od 
 term, calculated fioni the termination of the notice : in the case 
 of personal service of tlie notice live days' notice, excluding 
 Sunday, shall be given. Notice may be given by any company 
 having an agency in Ontario by registered letter addressed to 
 the assured at hit last post-ntficc address notified to the com- 
 pany, and where no a<ldresH notitied, then to the post-office of 
 the agency from which apjilication was received, and where 
 such notice is liy letter, then seven days from the arrival at 
 any post-ofHce in Ontario shall lie deemed good notice. And 
 the |)olicy shall cease after such tender aii(l notice aforesaid, 
 and the expiration of the five or seven daj-s as the case may be. 
 
 ('() The insurance, if for cash, may also be terminated by the 
 assured by giving written notice to tliat effect to the comiuuiy or 
 its authorized agent, in which case the company may retain the 
 customary short rate for the time the i surance has been in 
 force, ami shall repay to the assured the balance of the pre- 
 mium [laid. 
 
 20. Nt) condition of the policy, either in whole or in part, 
 shall lie deemed to have lu'eii waived by the eoni]iany, unless 
 the waiver is clearly expresseil in writing, signed by an agent 
 of the company. 
 
 21. Any oiKcer or agent of the company, wlio assumes on 
 behalf of the company to eiitei- into any written agreement 
 n^latiiig to any matter connected with th(> insurance, shall be 
 deeme<l iivi ina fitcie to be the agent of tln^ coni])any for the 
 purpose. 
 
 22. ICvery action or proceeding against tlie company for the 
 recovery of any claim umlcr or by virtue of this jiolicy, shall 
 be absolutely barred, unless commenced within the term of one 
 year lu'xt after the loss or damage (jccurs. R. S. O. 1H77, c. 
 162, Schedule. 
 
 86 
 
 Loss when 
 payable. 
 
 C'Dinpany iiuiy 
 replace, in- 
 stead of pay- 
 ing. 
 
 Insurance 
 ti'i ininalilf <in 
 notice. 
 
 Waiver of con- 
 dition, 
 
 Otticcrsaimnra- 
 
 inK to a^roc 
 in ■.viitiTiR to 
 bi' (Ici'nied 
 agents. 
 
 ActioiiB to be 
 brouKlitwitliin 
 one year. 
 
rr 
 
 \j 
 
 1 
 
 f 
 
 I i 
 
 82 
 
 Wliat cotiKti- 
 tutes written 
 iiiitici'. 
 
 23. Any written notice to ;i company for any purpose of 
 the statutory comlitioiis, wlieie ilio ino'li' thiMcof is not ex- 
 pi'c-ssi}' provided, may be by letter deliven^l at tlie bead office 
 of the company in (Jntario, or by registered post letter 
 addressed to tlie company, its manager or agent, at such head 
 office, or by such written notice given in any otlier manner to 
 an authorized agent of tiie company. 
 
 Variations, 115. If a company (or other insurer) desires to vnry tlio 
 
 how indicated. yj^|j| conditions, or to omit any of them, or to aild new condi- 
 tions, tliere shall be added on tlie in.strument of contract con- 
 taining the printed statutory conditions words to the following 
 effect, printed in conspicuous type, and in ink of different 
 colour. : — 
 
 "VAIUATIONS IN CONDITIONS. 
 
 " This policy is issued on the above Statutory Conditions, 
 with the f(jllowing variations and additions : 
 
 " These variations (or ks the caKC inco/ hr) are, by virtue of 
 the Ontario Statute in tliat bi'half, in force so fur as, liy the 
 (,'ourt or dudge bcfoiv whom a (|U('stion is tried relating' thereto, 
 they shall be lu.'ld to be just and reas(Jiuible to be e,\acted by 
 the company." R. 8. ().' lfS77, c. 1G2, s. 4. 
 
 Viiriations not 116. No such variation, addition or omission shnM, unless 
 
 binding unle.«(< ^|^^, .same is (listiiictlv indicated and set foi-th in the manner or 
 cle.aily indi- .■ ■ i . i i • i- ^ i 
 
 cated. to the ettect atoresaid, lie legal and bnidnig on the assiu'ed ; and 
 
 no ([uestion shall be considered as to whether any such varia- 
 tion, addition or omission is, under the circumstances, just 
 and I'easonable, but on the contrary, the policy shall, as against 
 the insurers, be subject to the Statutory Conditions only, unless 
 the variations, additions or omissions are distinctly indicati-d 
 and set forth in the manner or to the effect aforesaid. H. S. O. 
 1877, c. 162, s. r>. 
 
 I'olioycon- 117. In case a poliev is entereil into or renewed eontuiii- 
 
 taiiiiiit,' otliei . .... ' ' ... , , ,.,,. .. , 
 
 th.ui stiitiitoiy nig or inclutlnig any condition other than or (iitlereiit ironi the 
 ooiiditiuns. conditions set forth in the schedule to this Act, if the .siiid 
 
 condition so contaiiieil or inehideil is held, by the Court or 
 , Judge before whom a i|Uestion reljiting thereto is tried, to be 
 
 not just and reasonable, such condition shall be null an<l \oid. 
 
 R. S. (). 1.S77, c. 1()2, .s. () ; c. Kil, s. .S;"), (see s, I l!», ntj'i;i.) 
 
 If dill' iii'oof (if 
 loss not (livi'ii 
 tlii'oiiKli ao- 
 cidi'Mt, I'tc, 
 111' iilij('ctii)ii 
 not niiiili! 
 tla'n'ti), or 
 iiiadu on other 
 grounds tlian 
 non-coiniili- 
 ancr with 
 conditionH ; 
 
 or, if fidl 
 rnmiiljincc 
 adjndjfed 
 inequitable. 
 
 118. Wh(>re, by I'cason of necessity, accident or mistake, 
 the conditions of any contract of tire insurance on property in 
 this Proxinci' as to the proof (o be given to the insurance com- 
 pany after the occurrence of a tire lia\'e not been strictly com- 
 plied with; or whei'e, after a stati'iiient or proof of loss has 
 been given in good faith by or on behalf of the insured, in 
 pursuance of any proviso or coii'lition of such contract, the 
 company, through its agent or otherwise, oljeets to the loss 
 upon other gidimds tliaii for im|ierfect comjilianci^ with such 
 oonditions, or does not witliin a reasonable timeafti'i'i-eceiving 
 .such statement or proof notify the a.s.sured in writing that 
 suoli statement oi' proof is objected to, and what are the jiarti- 
 culars ill which the same is alleged to be defective, and so iVom 
 time to time; or where, foi" any other i-eason, the < 'ourt or 
 Judge before whom a ipiestion i-elating to such insurance is 
 
 tried or inquired into, considers it iiie(|uitable that the iiisur- 
 66 
 
tniiipl mice with sucli cuii.liti,>„.s— 1,(. ul,j,.cLici, to tlic sutli,'!, ncv li'^''il'ty «'"l 
 ot such statv.m.nt or prort or a.,u.n.K.,ror .su],j,K,u,ntal statj- Sd""* 
 "^■" '"• proof (as th. n,s. ,„ay he; shall, in any of such cases, 
 'H allow..,! as a .hseharo,; of the linhility of tlio con.panv on 
 'llf^ '^^"ti-act ol n.suivmco whercvor entered into. R S 
 io< < , c. If) 2, a. 2. 
 
 .nlV?; '^ ^''-P''^'"" "^" '^ ^'""I't «!• <f"-lS'.' under this Act shall he" Appeal, 
 s l.)ect to review or appeal to the same extent as a decision bv 
 such Court or Judge ni other cases. R. S. 0. 1877 c IG'^ s 7- 
 c. 101, ,s. 3o. ' • ' 
 
 \J^^\^^ ■}''^ -fustice of the Peace, or any one having Ju.tice.s of the 
 U^^ ful auth-.nty to adninnster an oath or afhrination in any ^"'•■"'^^■' "t^'-- 
 
 roeeedlixr innA- ..vni,.;».o ^.^ „„il i . _ .»• ..'■ may .swear imd 
 
 legal proceednig, may examine on oath or ,sol< 
 
 any party or person who comes hefore him to dve evidence '"""'••« '''^K'"-'!- 
 touclung any lo.ss l)y h're in which ..„,. ^\..,. t.,o„..„„;.. ^ ...... mtfl.ws. 
 
 solemn anirmation ex.iminH wit- 
 to 
 
 . ■; • . -" ■■■■■• 'inv Fire Insui'ance ('(mi- 
 
 pan\- IS n.terested, and may administer anv oath or affii-naitiun 
 recjuu-ed und.T tins Act. R. 8. 0. 1«77, c. 161, s. 62. - 
 
 (2). Un i-eeeixinga written iv,,nest from anv officer or a-ent -M.-vy hold 
 or any insurance company with .securii\- for the expenses ,,f -I't^t-mlinveati- 
 an mvestigati.m, any Justice of the Peace may at oncV proceed S "" "" 
 to hold an investigation as to the origin or cause of any fire 
 tliat lia.s happened within his c(,unty or district, and as to the 
 persons it any, profiting therel.y. ' 
 
 Qi) The Justice of the Peace shall have power to .sen.l for iw,,,. 
 persoas ami papers, and to examin.. all persons that ai.pear 
 iHdore him on oath or solemn afHrmation ; and he .shall keep a 
 record ol all such proceedings and of the evidence given 
 betore liim. ^ 
 
 lll\' to Application i>f 
 
 fi«. i.:;L'-i:ii;. 
 
 Trri.i.; XV. |.k,;mi,.m N..ti;s .\m. Asskssmkxts. rM.lual 
 ami (.ush — .)f,ifa,il Fire Inxiir,n,rr. ('o)njrru!e.-<.) 
 
 131. Sections l-2-J. to \:]i\ iiu'lusive shall aimlv . 
 Mutual and ( 'asli-.Mutual Fiiv liisiiramv ('omi.anie.'. " 
 
 1*->a The company may accept premimn not,.s, ,,r the r,„„pa„y ,„ay 
 nndertals-iiig ot the insured, for insurances, and mav iindertaki' '"'''''i'' '"'"• 
 eoiitracts in consideration th,.re<.f ; .said not.'s or undei(akin-s """" ""'"• 
 to 1)0 as.se,s,sed for the lo.s.ses and expenses of the company Tn 
 tlie manner hereinafter jn'ovide.!. R S. (). J.S77, c. 161, s! 4.-,. 
 
 |'-5»; Jli" di.vctors may demau.I in ca.sh a part or first pay- I'art payment 
 imntotthi'preiiiium.or premium noteorundi'itakiii"- at thetin'ie '"".v )»■ do- 
 t .at application for insurance is ma.le; an.l such fir^t pavment hToUmI:" 
 snail he creiUte.l ujion .said premium note or und.'rtakiiin- ,,r ™'''>" f'"' "'- 
 against tutnre asscssnamts, hut not more than fiftv per cenrum ""™'"- 
 ot any premium or premium note or undertaking .shall he i)aid 
 in cash at the time of .such application or of efTectiiiu' the 
 insurance. R. S. O. Ifs77, c. 161, .s. 46 ; 44 V. c. 20, ,s. 22." 
 
 134. All premium notes or undertakings helonginy- to the A.s,.«mH„t of 
 com].ai>y shall I.e as.sess..,! un-ler the ilirection of the Boanl of P>«nniM„ 
 Dnrjtors, at such intervals from their respective dates for ""*"'• 
 
 (iO 
 
p 
 
 '/ 
 
 34 
 
 such sums as tlu; (lircctoi's (lotorniiiic, and for such further 
 sums as tlioy think noci'ssary and as are authorized hy this 
 Act for losses, I'xpeuses, and reserve, (hiriny the currency of 
 tlie poHcies for which said notes or undertakings were given, 
 and in respect to which they are liahle to assessment; and 
 every member of the company, <ir person w ho lias given a 
 premium note or undei'taking, shall pay the sums from time to 
 Notice to bu time payable liy luiii to the company during the continuance 
 givun of the ,^^' ]^[^ policy, in accordance with the assessment ; and the 
 
 a«ac89mfiit. ' . i n i i i • .1 • . i i-l x- 
 
 assessment sliall heeome paj'abie m tlurty days atter notice 
 thereof has been mailed to the mendier, or person who l\as 
 given tlie premium note oi' undertaking, dir cted to his post 
 otHce address, as gi\en in his original ai)plicati(ai, or otherwise 
 in writing to the company. R. S. O. 1877, c. IGl, ss. 47, 53. 
 
 PoUcy to be 
 void, if any 
 nsBesBiiieiit or 
 notu is not 
 paid witliin 
 thirty days. 
 
 but sUall b* 
 revived by 
 Bubsuciuent 
 payment. 
 
 1*25. If the assessment on tlic premium note or undertaking 
 upon a jiolicy is not }iaid within thirty days after the day 
 on which tlie assessment has become due, the contract of 
 insurance, for which the assessnu'iit has been ma<le shall lie 
 
 os.ses occurring during 
 non-payment: lait the contract shall be 
 
 null and voi' as respects all claim for h 
 the time 
 
 rev'»'ed v .,' o n-ssessmeiit has been ])ai<l, unless the Secre- 
 
 tary gl t i'l'! ■ i the contrary to the assessed part}' in the 
 
 nianne)' i .. i.- /.et provided ; but nothing shall relie\e tlie 
 as.sured pai'ty fiom his liability to pay the a.s.sessmeiit or any 
 .sul).soipi' ii. jv^ses.sments. nor shall the assured party be entitled 
 to leeoN'.i- til vmoi I:' lo.ss or damage which hai)penH 
 
 to propei'ty insured -n.de'' tie conti'act wliile the assessment 
 remains due and unpaid, Kiiless the I'oardof l)ii-ectors in their 
 discretion decide otherwise. R. S. 0. 1877, c. ICl, s. 48. 
 
 Requiiitos of 
 notice of »B- 
 suuaineut. 
 
 1 ^<i. A notice of assessment upon any ]>i'emium note or un- 
 dertaking mailed as aforesaid shall be deenied sulhcient if it 
 embodies the register number of the contract the jieriod 
 over whicli the assessment extends, the amomit of tlie a.s.ses- 
 inent, the time when and the place where payable. R. S. O. 
 1877, e. Un,. s. 40. 
 
 Asuoasment, 
 how proiKir- 
 tioned. 
 
 137. The assessment u])on premium notes f)r uiidei'takings 
 shall always be in ])i'o]ioi'tion to the amount of the notes (>r 
 undertakings, lia\ing regard to tlie branch or department or 
 the class to which theii' policies respectively appertain. R. S. O, 
 1877, c. 1()1, s. .")(>. 
 
 Conipanynmy 128. If" a member or other iKTson, wlio has given a i)re- 
 nii^nts on pre- miuiii note or luidertakuig, Tor tlurty days attei- notice or 
 miuui noteii. assessment has been mailed to him in manner aforesaid, neglects 
 ()!• refuses to pay the assessments, the com])any may sue for 
 and recover the same with costs of suit, and such procee(ling 
 shaJl not be a waiver of anv bu'fi'iture incurred liy such non- 
 payment. R. S. (). 1877, c. 161, s. 51. 
 
 tlufStaS ^*^*^- ^^''"'''f '"' a.s.s..ssment is made on any pivmium 
 tobp/jrn/m note oi' uiidei'takiiig giveu to till' Company for a I'isk taken 
 
 /acif evidence ),^. j|,,. co,,,i|,inv, or as a ciuisideration for any iiolicy of insur- 
 oi aiiiount one •', ii' i ,.1.' ^ ^ 
 
 to tlie Com- ance is.sued, or to lie issued iiy tlu^ company, ami an action is 
 
 I'ttiiy. Iwought to recover the assessment, the certificate of the secri!- 
 
 tary of tlie company, specifying tlie lussessmeiit, and tiie amount 
 
85 
 
 due to tl.o coinpmiy cm tlic note nv un.lertakin. 
 
 t h..n,.n , sli.ill 1„. taken u.hI rr.vis..l as prhna fach^ \^yidvmi' 
 
 th.Tcot u, any Court, ii> this IVovinco. R. S. 6 J,s77 c Kil 
 
 ly iiicaii.s 
 
 1.{0.-(1) riu.cunipnny may f,.n„ u ,vs..rvo fun.l, tu consist Rc.rve f„„ci. 
 ot .111 nion..y,s u-lncl. .vinaii. .a, l.an.l at tl... ,.n.l .,1' vafh vvar 
 atter luiyiiu.nt <,f tlic ..nliMa.-y .•x,H.„.sr.s and ln.ss,.s uMIh' 
 company; an<l tor that purpose ti„. hoanl of .lii-.rKas imiv v , 
 
 all,"".'""" "";'■'" ""•!^''-t"'^i"K« liol.l l.y ,lu. cornpanv; 
 a I til" -vsrrv,. t.m.l n,ay iron, ti.n.. to tin... W appli.,1 1,V thJ 
 
 any smxvf<ling year. U. S. u. I«.S7, c. Kil, s. .-,;j (1). 
 
 (2j Tlie msorvo fund .shall he invested in stock, deheutures l'"wi..vesu.d. 
 o other secnnt.es n. uhicl, trustees may invest trust monev 
 
 h^Cl^HuT ''' "" "^''f^T'^ '"^"'^ in Ontario deposited at 
 n^u.st ;;; tl-^^'^ot the^canp.ny. R. S. Q. , 'l.il, s. 53; 
 
 n,„!>^!l, ^'i *'"'r i%-' '"■'•'' "" Pl''>l»'l'ty insmvd hv tl.,. con>- Dir-cmra may 
 pan\, th.. hoard ot directors niay retain the an.cunit of the 'f t!,;"''''''"'* 
 
 pltllllU... 
 
 jm..jrhm. note or.undertakin,,iven .;: insm.an;:'Z^^^^^ 
 the tn..e has exp.red lor whieh insin^ance has heen n.ad e and 
 at the exp-rataa. of sai,l tin.e the h.sured shall have U. i. " 
 to den,a..dan,i receive such part of the retained sum as has 
 not huen assessed foi', R. S. (). Ks77, c. 161, s. (i:5. 
 
 UV4 F,.rty days after th.- exim.ati.a. of the tern, of insur- Wh™ pro- 
 .niCL, the premnn.i note or undeitakino- -iven for the insur I"',""")"*^' ^^^ 
 anee, s^.all, on applicatio,. therefor, l.rj?,,,, „j, ^o ^Zr ""-'-"''■ 
 
 S'mni'dT''""' "' ^'""^'^rl -1~ -ith il.ich the n ; 
 01 . nde.tak.ng ,s chargeahle haNe heen paid. R. S. O. 1.S77 
 
 133. Anvact 
 
 ion coiiiiizahh. 
 
 m a 
 
 any 
 
 f„„ , ' . ■" -.,^... .,....,, ,,1 u Division (joiu-t uiion o.- -^'^t'"" ''> 
 
 toi any j^rennun. note or unde.takino-, o,. anv sum assessed o.. J,"""'"" 
 
 to he assessed thi.l.eon in.ix-l„..,>,i ,. 1 ''".'>. '^>"> a^M.-'Wd Ol t'omtH where 
 
 m the (\.M.f f r ^•^- ''^ '"/'''^''I'l'"! tried and .ic.termined '"""Kl't. 
 
 agency ot the company is situate ■ 
 
 Provided always, that the provisions of this section 
 
 lis^ - "' '■"''■'•'"' '■"^" '^^■^'•^' "'" «>'^t dav 
 
 tni! lux \- o such llnti. oi- iiii,l.,.-( ,1-;. i . ActimiH (,n 
 
 thereof 'the.-e V . , '."•'""'>" ^' I'l- 'H.ross the face pr, ,„i„„u,ote» 
 
 uui.ot theie uas at the t.m.. of tl... makii.o. or rutvv- ",' ^'''^'''"" 
 
 ^ h.u; IliS'r^^J'r; r '"''"' ';; '■"!'^I''"'""^ type, a,..! in ink of a l^llX^^"""' 
 CO an .iitte.ent tna,. any other .„ or on such note the words 
 
 h UMvf • "/y-'^'^Ft'^- -'-•'• '-'y '"■ '.-"J.lit..rcomn';; 
 n a J .ysion Court in respect or ,a, account of this note or 
 undcrtak,,,. or any sun. to he assessed thei-eon, mav he .o,.. 
 a 111 con. nenced a.^au.st the make,. he,.eof in the DiVision ( •„; 
 io. the d.y.sion whe.e.n the head otlice or any aoency of e 
 company is situate." R. S. (). I,s77, Kil, ,s. 71 ;' 4,S V. c^ ;«' si 
 
 134 Nopre.nium note or undertaking. sl.,dl ereat,. a li,.n P-mi.,,.. 
 upon lands on winch the ,nsur..d prope,.ty is situate. R. S O ";•'•';■'"",. 
 
 loll, C. J 01, S. 73 ' "^ ^^. '-^. ^. ci-eatol.ti. o.. 
 
 land. 
 CO 
 
 
ry 
 
 F 
 
 7 
 
 :U5 
 
 Powereof 1 JJS. Aiiv ('iisli-Miituiil Fire rtisui'micc (•oiiipmiv liocnscil 
 
 c(iiiii'iiiiii'« to iiinlfi- tliiN Act imiy cltcct liny iiisunnici' tiii(i:i lln- ciisli prciiiimn 
 iiiBuru (111 the pi'ini'iplc, for II pci'inil not I'XccrdinL;' three years on f'aini and 
 prhicnX!"'''"' "t'liT n(m-lia/ar<li)us jiroperty, and for one year or less on any 
 otlier elasH of pi-ojierty ; Imt tlie amount of casli insurances in 
 one year' siinll lie liniited, so tliat the cnsli jireniiuiiis I'eeeived 
 tiiei'eiin (hiring' nny one year sliall not lie in excess of one half 
 . <if the iinioiuit still pay.'ilile in respect of preniinni notes or 
 
 inidertakinj;s on hiind on the thirty-lirst day of J)eceinlier of 
 the previous yi'ar. accoi'din;;' to the stnteniont made under 
 se'tion !((•'! : and all the prop' r'^y and assets of the company, 
 inelndiiiL;' [iremium notes and .nidei'takini;s, shall he liidile for 
 all losNes which may arise under insuraiu'es for cash premiums; 
 and any such company may also create oi' possess a guarantei^ 
 capital or fund for tlie company, accordinif to the provisions 
 of this Act. H. S. (). 1,S77, c. ICl, s. 7') ; 41 V. c. S, s. 17 ; 
 44 V. c. 20, s. 7. 
 
 (iiiii.'anti 
 fiiiiJ. 
 
 uution 11^ 
 ouinpitiiy. 
 
 13G. — (I) No execution shall issue Mii'ainst a Mutual or 
 
 uution iiKitiiiMt / i i m j i • i l i.-i I'l <i 
 
 oompitiiy. I ash-.Multia! compiiny u]ion a ludn'ineiit untd ,'iltcr the (;x|iir- 
 atioii of sixty days tnan the recox'ery thereof : Imt this section 
 shall not apply to any judt;nient recovi'red on any policy or 
 undcrtakiuii' of the company heretofijrc issueil or given wheri' 
 more than Hfty pur centum of the premium or premium note 
 or undei'takinn' was paid in cash at the time of the insurance 
 or the a])pliciition tlu'refor. 
 
 2) A Judye in chamliei's, or a nd'eree in ehanihors, shall, upon 
 the recovery of a judgment against the com|iany, upon the 
 apjilication of the person In whose favour the same has lieen 
 7'eco\ered, Upon notice to the company, in(prM'e into the facts, 
 and if he shall certify that more than iifty jier ceiltmn of tla- 
 premium, or of the premium note, or undertakin<r was jiaid in 
 cash at tlie time of the insurance, or upon the application 
 therefor, i'Xe(aition ma\' lie forthwith issued upon siu'h jud"'- 
 ment 1!. S. (), 1.S77, c. Uil, (il ; 44 V. c. 20, .s. L'7. 
 
 ^ 
 
 |x)intineiit 
 iippKctHir . 
 
 Trn.p: XVI. — Inspection <u' Comivxniks — (.4// Cinnpamos.) 
 
 lJi7. — (1) I'or the eilicient administration of the Insurance 
 liusiness, the I,ieutenant-(!o\ crnor in Council may a|ipoint an 
 otllcer to he called the Inspector of Insiu'ance, who shall act 
 under the instructions of the Treasurer of Ontario, and his duty 
 shall he to I'xamine and re])ort to the said Treasurer from time 
 to time ujion all maltei's connected with instu'ance as carried 
 on \,\ the companies within this Act. 42 \. c. 21, s. 1. 
 
 (2) The sabii'V of the 1 iisjiector shall he such sum pel' annum 
 as the l.i'n'islature shall, from time to time, determine: and it 
 sliall he lawful to ]ii'o\ ide from time to time such assistance as 
 may In' found necessary. 42 \ . e. 2-"), s. I : 40 \. c. 1"), s. (i, 
 part. 
 
 Inspector to 1JJ8. 'IMie Inspector shall keejion tile the \ ai'ious docmnents 
 
 oiTkIu*'"'" '■••<1"''^''I ''.v tl'i^ '\<'t t" '"■ 'i''''l "' lii-^ "tlii'«'. 'Hid shall keep a 
 record of all licenses issued hy the 'I'reasurer. 44 V. c. 20, s. 4. 
 
 Duties. 139. — (\) The Ins]iector of Insurance shall, per.sonally or 
 
 by de]aity, visit the head ofKce of e\fry such company in On- 
 tario at least once in every year, and .shall carefully cxauiine 
 
I 
 
 IVnurH of 
 lin|ii'(;tiii'. 
 
 Report of 
 IiiHpcctor. 
 
 87 
 
 the stfttemonts of the coinpa.iy .is to its co.ulition unci affairs 
 a-w n,.o..t th,..voM to th. I'n.as.uv,. us to all n.att.rs m,, h' ^ 
 Ills attention ami decision. " 
 
 (2) The Inspector shall IVon, such examination prepar.. an.l 
 
 hyl 'torethe hvasu.era.Munmalreport of the comlition of 
 
 v.i> eompanys U.s.ness as asceitain,.,| l,v him IVom such 
 
 nspeetion an.l such report shall l,e pul.|,.|K.,| forthwith after 
 
 the coHiplotion thereof. 4-J V. e. 2:,, y.. •>. 
 
 I -»0 -(1) It shall l„. the duty of the oliieers or a-vnts of the 
 company to cau,se their hooks to he open for the in;pe etion f 
 
 u. a. m u he m then' power; and the In.spector or -lepntv 
 ; o.^..d,sJ,all^ 
 
 .iguit ot the company relative to its husin.^.s.s. 42 V c 25 
 
 (2) A report of all companies ,so vi.site.l shall he entered 
 n a hook kept for that purpose, with not.s and men on, 
 shewm^r the eond.tion of each eompanv ; and, where a sp c 
 examination has been made, a .special written r.'p rt^sl 
 he communicated to the Tivasurer statin^ the Inspect^' 
 opinion ot the condition and hnancial standi.rg of tlu. co m iv 
 
 wsun.;;"i; ^'.':^^t.'l;:ts'''■ " ' ^ '^""^^■" ''^'^ 
 
 ?;.''' '^";.' V""l.v. makes or a.s.sists to make any untrue 
 ■Mtiy m any ot the company's hooks, or who refuses or ne-dec s 
 to make any proper entry therein, or to exhihit the same or 
 
 f s 1 1 "" •;/"' r''''"'lr' ""•' "■"■''•'"•^■^ *" '"^ t'^^^"' tl'"'-«- 
 
 1, T- ^^ f •;/" ""'"'^r' '""'• ''"'"-' ^••'"^■i^t^^I thereof, 
 ^ all he imprtsoned with or without hard lahour in the tVntra 
 I son or any ,ao of the Province, lor a period not ex eeiiml 
 thg. ^nmnths. 24 V. c. 18, s. 2N ; Lm. Act, 32-:j V. 
 
 ■mltnuZul " '^.'^I'lr'.'-^ t" t"'? In.spector that the a.s.sets of Provision if 
 .11} tompaiu are iiisuHicient toju.stity its continuanc- ,,f husi- ^-">i'a"yap- 
 es,s orun,sateforthe pul,lic to c-tlect insurance with it, e "^""■" ""^'''^"• 
 S!'T!":il'^;^f"?:^^l;'"I^"r^ ""',.*'"■ 'i«i^i»- "f the company to 
 
 I'^ntiies, 
 iintriio or 
 oiiiittfd. 
 
 Accrs.s to 
 books iitul 
 papers. 
 
 report and a reasonable .Suapemiinfr 
 
 the 'J'l'easurer. ' 42 V. c. 2.5, s. 3 (4). 
 
 tirue^b^!im''.fv'' 7" H ''■'■'*'"'' "'^^'''' ■^■'""•^ '"'" " ivasonal.le SuBpe,„iin. 
 t lit he mo on en to he c.mpany t,. l,e hear.l.and if, after .such 'i— 'feom- 
 
 ," o n;.'.l''"';-| "I"' "'^•^■■^^'«'^tion (if any), as he mav .see pro- '™'^- 
 < ' /.' "i ^••'■"■^•"•'•'' '•^•l""-ts to the Lieutenan -Oove nor 
 
 Cou ned that he agrees with the Inspector in the opinion ex 
 pn..s,sed ,n Ins report, then, if the Lieutenant-(iovernol. in Co, n- 
 cil also concurs m .such opinion, an ( )rder i„ ( 'ouncil mav issue 
 Husjumdin^ or caneellin. the license of the company, a^/p^^ 
 Inlitinu the company from do lur anr further bnsi. ,.«« 
 and t ereafter it shall not be lawfuF .,r "the co!;;;,' ^ ^ 
 m turther busna..s.s m Ontario, until the su.s,,en.s on"or „ro- 
 h.b^ion IS removed by the Lieutenant-Chnernor in Ton ic 
 42 V. c. 2d, ,s. 3 (0) ; 11. S. (). 1877, c. I(i0, ,s. 34. 
 
 and nmhd ?•"" f ^''^V'" "l""""'"' "'• ^^""'""'K of any license Notice of ™s. 
 Ill I I loh.bition from donijr any furth.'r business, .shall be pub- !;'"»'"""' 
 lished m the Ontario Ga:eUe : and thereafter any person £!l ''"""' 
 
> 
 
 V' 
 
 "» 'I 
 
 38 
 
 r 
 
 actinjf any luisiiics.s in lu'lialt' of tlu; company, nxcopt For 
 win<lin;^' up its atliiii'.s pursuant to .section 7, sliall Ik; dfi'miid 
 to liavc conti'avi'ni'd suctions ").") and "ili, and siiall l>c liiililu 
 I'or cacii otliMicc to the jx'naity cnactrd in .st'ction Oli. It. S. (). 
 1N77, e. KiU, s. \\f ; 42 V. c. 25, s. li (7). 
 
 Company us- 144. — ( 1 ) 11' it .ipjicai's totlic Inspcctoi'that aconipany wliieli 
 
 rrS-''""'* •"I'* ""t '"■•'" iiit'<"'p<>i'itcd l.y special Act of tlie Lej,nslaturc 
 
 i"iiiy. lias assumed tlie name of a previously estalilislied coni]iany, or 
 
 any name lialile to lie unfairly confounded tlierewitli, orotlier- 
 
 wi.se on pulilic grounds olpjectioualile, lie sliall make a report 
 
 thereof to tlii' Treasurer. 40 V. c. '2b, .s. li (o). 
 
 (2) y\nd such name may, n])ou the written I'ecommendatioii 
 of the Inspector, lie chanj;ed liy the Lieutcnant-tjoveruor in 
 Council, pursuant to section 20. 
 
 IiiHiioction iif 
 buoKH ami 
 piiliem. 
 
 Exaiiiiimtion 
 of ciiiupany'ii 
 iitfniru. 
 
 14i>. In ordiM" tti facilitate the in.spection of an insurance 
 coni])any's hooks and pii]iei's the com[iany may he rc(|uired hy 
 the inspector to )ii'oduce thi' said hooks and ])apers at the 
 county town of tin; comity in which the head otiice of the 
 insurance com])a,ny is situated, or at such other convenient 
 place a.s the Inspector may (.lirect. 4() \'. c. lo, s. 5. 
 
 140. Whenever the atliiirs of any insuriince company doinjr 
 husiiie.ss in Ontario appear to reipiire the same, the Inspector 
 of Insiu'ance, with the approval of the I'rovincial Treasui'er, 
 may, at the expense of the company, have ahstracts prepare<l 
 of its hooks and \iiuehers and a valuation made of the assets 
 and lialiilities ; and tin; certiticate of the Inspector approved of 
 hy the Provincial Treasuri'r, shall he coiiclusivi' as to the ex- 
 penses to he paid hy the coniiJanv in respect thereof. 46 V. 
 c. 15, .s. 7. 
 
 Inspectoraml 147. 'Pho Inspector of insurance, or anv otlicers under him 
 
 (ilncms nut to , ,. , . '■ i i i i v' i • i- ii 
 
 bu iiiteioHtod .shall not 1)1' interested as siiareliolders, diri'ctly or indirectly, 
 in any com- y,r\t]] any insurance company doin^' husiness in Ontario. 42 V, 
 
 paiiy. 
 
 :"), s. 4. 
 
 Contribution 
 from com- 
 panies to 
 exjien.st's. 
 
 Mode of deter- 
 mining till' 
 amount of 
 contribntion 
 to e.tpon«es. 
 
 Time .and 
 manner uf 
 payment. 
 
 148. — (1). Towards defrayino- the expenses of tlie office of 
 the Inspi'ctor, a sum not excet;dintf ?5;},0()0 shall he annually 
 contrihuted hy the com])anies rei paired to he licen.setl under 
 this Act 
 
 (2). The amount to he annually contrihuted hy the in.sur- 
 ance companies under the pi'ovisions of the last precedine' 
 suh-section sliall he asse.s.sed pro raf<( and hased on the {^ross 
 amoinit at risk as sjiewii hy theliooksof the several companies 
 on the :-!lst day of Decemher next piecedino;. 42 V. e. 25, s. 5, 
 part ; 48 V. c. 20, s. 1, part ; 40 V. c. 15, s. 0, 'part. 
 
 Qi). All .sums under this Act payahle to the Treasurer shall 
 he so paid hefori; the issue; of tlu; license, and tht; Trt;asurei''s 
 certiKcati', or approval of an account certified hy the 
 Inspector, shall as to tlie amount so jiayahle hy each or 
 any comj)any he held conclusive. 42 V. c. 25, s. 5 jxivf ; 48 V. c. 
 20, s. 1. 
 60 
 
 : 
 
T 
 
 I lU. A c-opy of any (locuiiiciit in tlic. otlic'i; of tlu' Ccitifiid 
 Inspector, etTtifii'ii hy liini to \n: a tnu; copy ami woaloil witli mi'i'itHinin^" 
 tho Hfal of lii.s olfit'o, shall lio hoM to Ik' autlirntie, and .shall he H|H!ct(ir'ii 
 lirinui fticif evhU'iu'c of the same leual cHeet as the oi'ininal "' 
 in any Court or elsewhere. K. S. U, 1S77, c. 30, s. (S. 
 
 •• 
 
 Volimtftrv 
 li(iu{(liiti>>ii. 
 
 TnxE XVII,— Liquidation and Winding vv oi- Comi-aniilS 
 (All Cuinpti.nlcs,) 
 
 l/>(). When a compiuiy pi-oposes to \j;n into volun- 
 tary liiiuidation, at least one month's notice in advance shall \<v 
 ^iv(!n to the Treasiuvr and to the Inspector; the like notice shall 
 also lie puhlished l)y the company in two consecutive issues of 
 tho OiUdvhi G((Zi'tti\ and in some other neWspa]K'r should tho 
 Inspector so re(inii'e ; and the noti(;e shall state the date 
 at which contracts shall cease to he taken hy the com[)any, 
 also the name and address of the company's li(|uidator, or the 
 intention of the company to npply on a stated day for tho 
 appointment oi a lii|uiilator. 40 V. c. 15, s. 9. 
 
 151. — (1) At the win<lini;' up of a .Mutual or Cash-.Mutual r)i,<|MiRiil i)f 
 Fire insui'ance company, aftei' notice has heen given as I'l'ipured ',.j'*,|',ij|',' "f' , „f 
 hy section 'il, it shall he lawful i'oi- the directors of said com- comiany. 
 pany to reinsure out of the resei've fund the unexpired con- 
 tracts for which pri'iiiiunis or ja-enuum notes have lieen taken. 
 40 V. c. 1"), s. 10. 
 
 (2). The saiil re-insuranee shall heeilected in some company Roinsuring 
 licensed to transact husiness in the Province, ami approved hy cumpftiiieM. 
 the Treasurer. 
 
 VH'i. When any comijany is woimd nji each person con- iinianifil 
 tracted with on the cash iiliin shall he entitled to a refund pit'iiiimns. 
 fi'oni the company of the unearned pro]iorlion of the cash 
 pi'emium calcidated from the date at which the company, 
 according to the notice in section l')0, ceased to undei'tako 
 contracts; hut this shall not <lestroy or defeat any other 
 I'emedy such person may luiNe against tho company in 
 respect thoivof or for any other cause. 40 ^'. c. lo, .s. 10. 
 
 ItUi. Hveiy receive!-, assignee, or liipiidator of a compnny ricocivm toflle 
 .shall, until the athui's of the company ai'e wound uj) and the "'•'''"i"''"'!. 
 accounts ai'e finally closed within se\'en days after the doso 
 of each month, tile with the court or other authority appoint- 
 ing him, and also with the Inspector of Insurance, detailed 
 sclu'dides shewing, in such foi'm as miiy he I'tMjuired, rece'pt.s 
 and expenditures, also assets and liahilities, and he shall, tvlun- 
 ovor by tho authority appointing him, or hy the Inspector of 
 Ii\surance, so retpiii'ed to ilo, exhihit the company's lK)oks ami 
 vouchers, and furnish such other informati<in respecting tho 
 C()m))any's affairs as may ln' re(piire(l ; ami any reeei\'ei', 
 assignee or liquidator refusing or neglecting to fui'nish such 
 iid'ormation, shall, for each otl'ence, he suhject to a pejialty of 
 not less than ii?-')!) noi' more than S200, to he I'ecovored on 
 hehalf of Her Majesty loi- the use of this Province ; and ho 
 shall in addition rendei' himself liahle to he tlismi.sst^l or 
 removed. 46 V. c. 15, s. 11. 
 6ti 
 
■V 
 
 1*,^ 
 
 I 
 
 40 
 
 Ac*. ...peaUa. |54^_(| , 'i'|,^, p.-uvisiolis of tlio statute pilMs,.! in tlu- I4tl. 
 year of His Majesty KiiiLj (icori^re tlic 'I'liini and cliaptorctl 7«, 
 .shall 1)0 (li'cnicd not to he in force in icifanl to inopcrty in 
 tlio I'rovinc'i'. 
 
 (2) Tho Acts and portion^ of AcIh luoiitionud in tlu; .scliedulo 
 hereto, are Iierelty repealed. 
 
 SCriEDUIiE OK ACTS KKPEAriKD. 
 
 ficlii'fhdr «f Arts iipviiUil fiiiiii lliv iliiii iiiiiin irlticli lln Ouliuii) liisiirdlii-i' 
 Art. IKSr, tnkf.H ifn-l. 
 
 <* 
 
 TiTLK OK Alt. 
 
 R.S.O. 1877 c. 1(10, All Act r(>n])ucting IimiiriiiK'f ('unipiuiioH 
 
 li.S.O. 1877 c Kil, All Act ivsiiucting Alutiiiil Fiiv Insnraiicc 
 Coinpjiiiios 
 
 U.S.t). 1877 c. Hi2, An Act to socuro Unifonii Coiiditiniis in 
 Policius (if l''iiu Iiimirimcr 
 
 41 v. c. 8, An Act to niako certain amoiuliiiciith in tlic 
 
 Ri'visod Statiiti^s 
 
 42 V. c. 2."i, All Act t.i I'lnvidc for the liisjiectionof Insuruncc 
 
 Cimiiiiinics . 
 
 4',^ V. c. :.'(l, All Act ic.s|p(.ctinj4 tlui Kxpeliscx of !iiHi>cctili|,' 
 In.siiraiicu ('oiii|iiiiiioM 
 
 44 V. 0. 20, All Act to nivt) iiicroiiBud staliility to Mutual Fire 
 
 Insurance (Joiupanii'.s 
 
 45 V. c. L'O, An Act to extend the appliraljoM of tile Fire 
 
 Insui'iince I'ciliey Act 
 
 4(i V. c. ir., All Act relating' lo Hie l^aw of liisunincu 
 
 47 V. c. li, An Act respecting Souuritius vesleil in tlie Treas 
 
 urer of tlie l'ro\ iiici; 
 
 47 V. c. 28, All Act respecting Su|ipleiiientiiry Licenses to 
 
 Mutual Fire iiisuranci^ Ci.iini.iiiies 
 
 48 V. c. ;!."!, An Act to amend tlu; Act l•^^spectillg Mutual Fire 
 
 liisuranci; Coiiipanii^s 
 
 48 y. c. ;!(!, An Act to regulate tlio Election of Directors of 
 Mutual Fire Insurance Ooiiipaniea 
 
 Extent (if 
 Ilepoiil. 
 
 The wliolu 
 oxcejit na 
 mention- 
 ed ill sec- 
 tion 4(1 of 
 tills Act, 
 
 The whole. 
 
 The whole. 
 
 Section 17. 
 
 The whole. 
 
 The whole. 
 
 The whole. 
 
 'Iliewh(,!e. 
 Tlie whole. 
 
 The whole. 
 
 The whole. 
 
 The whole. 
 
 The whole. 
 
 6fl 
 
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 «i^ 
 
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 \ 
 
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 S 
 
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 ^ 
 
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 ^ 
 
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 mmimiMw i iiiii. i u 
 
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