Short title 1908 CHAPTER 7 An Ordinance respecting Hail Insurance. [Assented to April 25, 1903.] HE Lieutenant Governor by and with the advice and T consent of the Legislative Assembly of the Territories enacts as follows: SHORT TITLE. 1. This Ordinance may be cited as Ordinance." 1901. c. 9, s. 1. INTERPRETATION. The Hail Insurance Ordinance to be 2. In this Ordinance unless the context otherwise requires1. The expression "crop" or "growing crop" means all the wheat or all the oats or all the barley or all the flax or all the speltz or all or any of them specially referred to and growing on the area defined in the application for insurance; 2. The expression "minister minister" means the member of the Executive Council for the time being administering this Ordinance. 1901, c. 9, s. 2. 3. Unless and until the Lieutenant Governor in Council administered otherwise orders this Ordinance shall be administered by the Territorial Treasurer. 1901, c. 9, s. 3. by Territorial Treasurer Minister authorised to of insurance 4. Subject to the provisions of this Ordinance and on make contract behalf of the Government of the Territories the minister may and he is hereby empowered to enter into a contract to indemnify against actual loss or injury to growing crops by hail to an amount of $4 for each and every acre insured. Application and receipt to (2) No contract shall be valid or binding where the application made under section 5 of this Ordinance is not made before the crops insured shall have been injuriously affected by hail. 1901, c. 9, s 4. 5. Every application for insurance shall be in form A in the forin contract schedule hereto; and each such application with the receipt of the minister therefor shall for all the purposes of this Ordinance be deemed the contract of insurance. (2) The provisions of this Ordinance shall be deemed to be and shall form a part of every contract of insurance. 1901, c. 9, S. 5. 6. Each application shall contain the name of the post office Post office to which all notices under this Ordinance shall be mailed. given 1901, c. 9, s. 6. 7. With every application for insurance the applicant shall in addition to an application fee of fifty cents pay to the minister the sum of fifteen cents for every acre to be covered by insurance : address to be on application Provided that where the applicant for insurance has only a Fee to be paid partial interest in the crop to be insured the rate to be paid per acre shall be that proportion of fifteen cents that the interest of such applicant is in the crop and the insurance to be effected shall be only an insurance of such interest. (2) No application for insurance shall be accepted from any person who has not fully paid up all amounts due by him. under this Ordinance. 1901, c, 9, s. 7.. of application 8. The minister is hereby authorised to make such arrange- Transmission ments for the collection and transmission of application forms forms and fees as may seem to be advisable and necessary: Provided that the cost of such collection and transmission shall in no case exceed the amount of the application fee provided for in the next preceding section. APPRAISEMENT OF LOSS OR DAMAGE BY MAIL. and fees 9. Whenever any crop insured under this Ordinance is in- Notice of loss jured by hail the person whose interest in such crop is insured to be given shall forthwith notify the minister by registered letter and shall also notify such person as may have been designated by the minister for that purpose. (2) Such notification shall be deemed to be sufficient if made by the insured person or by any one else on his behalf. c. 9, s. 8. 1901, of area 10. The minister may cause an examination to be made Examination from time to time of any area reported to have been affected affected by hail. 1901, c. 9, s. 9. Appraisement of 11. The minister shall appraise the actual loss or damage Appra done by hail to any crop insured under this Ordinance. (2) In case of loss or injury by hail where it is found that through error or mistake the number of acres of crop insured on any river lot or quarter section forms only a part of the total acreage under crop on the river lot or quarter section in which the person insured has any interest, the minister may pay that percentage of the amount of the indemnity payable on account of such loss or injury that the area insured is of the said total area under crop. (3) For the purpose of adjustment under this Ordinance no account shall be taken of the value of the crop and in the event of partial loss the amount of compensation to be paid Submission to arbitration Costs of arbitration shall bear the same proportion to the total amount of insurance that the loss bears to the total amount of crop. 1901, c. 9, s. 10. 12. If any person is not satisfied with the appraisement of the minister he may have the question of the amount of the loss or damage actually done to his crop by hail submitted to the arbitration of two persons one to be appointed by himself and one by the minister by notifying the minister of his dissatisfaction with such appraisement; and such notification shall be a submission under The Arbitration Ordinance and the provisions of the last mentioned Ordinance shall apply thereto. 1901, c. 9, s. 11. 13. The costs of any award of arbitrators made under this Ordinance shall be paid out of the general revenue fund; but should the said award sustain the appraisement made by the minister of the loss or damage done the amount of the indemnity to be paid under the said appraisement shall be reduced by the sum of ten dollars. (2) In cases where an arbitration is asked for upon an appraisement of no loss or damage having been done the notification required by the next preceding section shall be accompanied by the sum of ten dollars which sum shall be returned if the minister's appraisement is not sustained by the arbitrators. Statement of minister Deficiency to be paid out of general revenue PAYMENT OF EXPENSES AND LOSSES. 14. On the fifteenth day of October or as soon thereafter as may be practicable the minister shall submit a statement to the Lieutenant Governor in Council setting forth: (a) The expenditure made in the administration of this Ordinance; (b) An estimate of the probable amount of liabilities and expenses to be incurred to complete the work of the year; (c) The amounts of the several claims as adjusted or otherwise settled; (d) The number of persons insured; (e) The number of acres covered by insurance; (f) The amount paid by applicants for insurance; together with such further statement as may seem necessary to be made. 1901, c. 9, s. 12. 15. Where no legislative provision has been made for so doing or where any provision made proves insufficient for the purpose all liabilities incurred under the authority of this Ordinance may be paid out of the general revenue fund by warrant of the Lieutenant Governor directed to the Territorial Treasurer. 1901, c. 9, s. 13. 16. After the coming into force of this Ordinance no No company company, association er society shall carry on the business of business of insurance against loss or injury to growing crops by hai!. 1901, c. 9, s. 19. to carry on hail insurance 17. Chapter 9 of the Ordinances of 1901 intituled An Repeal Ordinance respecting Hail Insurance is hereby repealed. FORM A. SCHEDULE. NO.... GOVERNMENT OF THE NORTH-WEST TERRITORIES. TREASURY DEPARTMENT. Application for Insurance against Loss or Injury by Hail under DESCRIPTION OF AREA UPON WHICH CROP IS TO BE INSURED. Section .Township.. Whe't Oats Barl'y Flax Speltz No. of No. of No. of No. of No. of Range.... West.... Meridian Acres Acres Acres Acres Acres Total Tenure of holding (whether as owner, or under homestead entry, contract to purchase, lease or otherwise) Interest of applicant in crops to be insured.. To whom indemnity is payable should loss occur In accordance with the provisions of The Hail Insurance Ordinance 1903 in that behalf I hereby make application for insurance against loss or injury caused by hail, and enclose herewith the sum of.. being at the rate of. ..dollars and... ...cents .cents for each acre described above. I agree to all of the conditions prescribed by the said Ordinance; and I further agree that should any statement made or to be made by me in connection with this my appli cation for insurance and any contract which may thereupon be entered into prove to be a misstatement such misstatement shall nullify such contract and I shall forfeit all claims under the said Ordinance. I declare that no portion of the area described above has been injuriously affected this season by hail prior to the date of this application. I further declare that the crop of wheat, oats, barley, flax and speltz or any of them set out and described in this application is all the crop of each of them respectively growing upon each quarter section or river lot mentioned in the application and in which I have any interest whatsoever. Dated.... |