"Statutory conditions'

conditions"

4. The conditions set forth in the schedule of this Ordinance shall, as against the insurers, be deemed to be part of every contract, whether sealed, written or oral, of fire insurance hereafter entered into or renewed or otherwise in force in the North-West Territories with respect to any property therein, or in transit therefrom or thereto, and shall be printed on every policy of fire insurance, with the heading "Statutory Conditions."

"Variations in 5. If a company or other insurer desires to vary the said conditions or to omit any of them, or to add new conditions, there shall be added on the policy in conspicuous type and in ink of different colour, words to the following effect:

Legality of variations in conditions}

Conditions

to be unjust.

"VARIATIONS IN CONDITIONS.

This policy is issued on the above statutory conditions, with the following variations and additions :

These variations (or as the case may be) are, by virtue of The Fire Insurance Policy Ordinance in that behalf, in force so far as, by the Court or judge before whom a question is tried relating thereto, they shall be held to be just and reasonable to be exacted by the company."

6. No such variation, addition or omission shall, unless the same is distinctly indicated and set forth in the manner or to the effect aforesaid, be legal and binding on the assured; and no question shall be considered as to whether any such variation, addition or omission is under the circumstances just and reasonable, 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 indicated and set forth in the manner or to the effect aforesaid.

7. In case a policy is entered into or renewed containing or held by Court including any condition other than or different from the conand unreason- ditions set forth in the schedule to this Ordinance, if the said able to be null condition so contained or included is held by the Court or judge before whom a question relating thereto is tried, to be not just and reasonable, such condition shall be null and void.

and void

Appeal

Commence. ment

8. A decision of a court or a judge under this Ordinance shall be subject to review or appeal to the same extent as a decision by such court or judge in other cases.

9. This ordinance shall come into force on the first day of January, 1904.

SCHEDULE.

(Sections 4 and 7.)

STATUTORY CONDITIONS.

1. If any person or persons insures his or their buildings or goods and causes the same to be described otherwise than as they really are to the prejudice of the company, or misrepresents or omits to communicate any circumstance which is material to be made known to the company in order to enable it to judge of the risk it undertakes, such insurance shall be of no force in respect to the property in regard to which the misrepresentation or omission is made.

2. After application for insurance it shall be deemed that any policy sent to the assured is intended to be in accordance with the terms of the application unless the company points out in writing the particulars wherein the policy differs from the application.

3. Any change material to the risk, and within the control or knowledge of the assured, shall avoid the policy as to the part affected thereby, unless the change is promptly notified in writing to the company or its local agent; and the company when so notified 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 company; and if he neglects to make such payment forthwith after receiving such demand, the policy shall be no longer in force.

4. If the property insured is assigned without a written permission indorsed hereon by an agent of the company duly authorised for such purpose, the policy shall thereby become void but this condition does not apply to change of title by succession, or by the operation of the law, or by reason of death.

5. When property insured is only partially damaged, no abandonment of the same will be allowed unless by the consent of the company or its agent: and in case of the removal of property to escape conflagration the company will contribute to the loss and expenses attending such act of salvage proportionately to the respective interests of the company or companies and the assured.

6. Money, books of account, securities for money, and evidences of debt or title are not insured.

7. Plate, plate glass, plated wire, jewelry, medals, paintings, sculptures, curiosities, scientific and musical instruments, bullion, works of art, articles of virtu, frescoes, clocks, watches, trinkets, and mirrors are not insured unless mentioned in the policy.

8. The company is not liable for loss if there is any prior insurance in any other company unless the company's assent thereto appears herein or is indorsed hereon, nor if any subsequent insurance is effected in any other company unless and until the company assents 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 subsequent insurance, or does not dissent in writing after that time and before the subsequent or further insurance is effected.

9. In the event of any other insurance on the property herein described having been assented to as aforesaid then this company shall, if such other insurance remains in force, on the happening of any loss or damage, only be liable for the pay ment of a ratable proportion of such loss or damage without reference to the dates of the different policies.

10. The company is not liable for the losses following, that is to say:

(a) For loss of property owned by any other party than the assured, unless the interest of the assured is stated in or upon the policy:

(b) For loss caused by invasion, insurrection, riot, civil
commotion, military or usurped power:

(c) Where the insurance is upon buildings or their con-
tents for loss caused by the want of good and
substantial brick or stone chimneys, or by ashes or
embers being deposited, with the knowledge and
consent of the assured, in wooden vessels, or by stoves
or stove pipes being to the knowledge of the assured
in an unsafe condition or improperly secured:
(d) For loss or damage to goods destroyed or damaged
while undergoing any process in or by which the
application of fire heat is necessary;

(e) For loss or damage occurring to buildings or their
contents while the buildings are being repaired by
carpenters, joiners, plasterers, or other workmen, and
in consequence thereof, unless permission to execute
such repairs had been previously granted in writing
signed by a duly authorised agent of the company:
but in dwelling houses, fifteen days are allowed in
each year for incidental repairs, without such per-

mission:

(f) For loss or damage occurring while petroleum, rock, earth or coal oil, camphene, gasoline, burning fluid, benzine, naphtha or any liquid products thereof, or any of their constituent parts (refined coal oil for lighting purposes only, not exceeding twenty gallons in quantity, or lubricating oil not being crude petroleum nor oil of less specific gravity than required by law, for illuminating purposes, not exceeding twenty gallons in quantity, excepted), or more than twenty

five pounds weight of gunpowder is or are stored or kept in the building insured or containing the property insured, unless permission is given in writing by the

company.

11. The company will make good loss caused by the explosion of coal gas in a building not forming part of gas works, and loss by fire caused by any other explosion or by lightning.

12. Proof of loss must be made by the assured although the loss be payable to a third party.

13. Any person entitled to make a claim under this policy is to observe the following directions :

(a) He is forthwith after loss to give notice in writing to the company;

(b) He is to deliver, as soon afterwards as practicable, as particular an account of the 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, as far as the declarant knows or believes;

(3) That the fire was not caused through his wilful act or neglect, procurement, means or contrivance;

(4) The amount of other insurances;

(5) All liens and incumbrances on the subject of insurance; (6) The place where the property insured, if movable, was deposited at the time of the fire;

(d) He is, in support of his claims, if required and if practicable, to produce books of account, warehouse receipts, and stock lists, and furnish invoices and other vouchers, to furnish copies of the written portion of all policies, to separate as far as reasonably may be the damaged from the undamaged goods, and to exhibit for examination all that remains of the property which was covered by the policy;

(e) He is to produce, if required, a certificate under the hand of a justice of the peace, notary public or commissioner for taking affidavits, residing in the vicinity in which the fire happened, and not concerned in the loss or related to the assured or sufferers, stating that he has examined the circumstances attending the fire, loss or damage alleged, that he is acquainted with the character and circumstances of the assured or claimant, and that he verily believes that the assured has by misfortune and without fraud or evil practice sustained loss and damage on the subject assured, to the amount certified.

14. The above proofs of loss may be made by the agent of the assured in case of the absence or inability of the assured himself to make the same, such absence or inability being satisfactorily accounted for.

15. Any fraud or false statement in a statutory declaration in relation to any of the above particulars shall vitiate the claim.

16. If any difference arises as to the value of the property insured, of the property saved, or amount of the loss, such value and amount and the proportion thereof, if any, to be paid by the company, shall, whether the right to recover on the policy is disputed or not, and independently of all other questions, be submitted to the arbitration of some person to be chosen by both parties, or if they cannot agree on one person, then to two persons, one to be chosen by the party assured and the other by the company, and a third to be appointed by the persons so chosen, or in the event of their failing to agree, then by a judge of the Supreme Court of the North-West Territories; and such reference shall be subject to the provisions of The Arbitration Ordinance; and the award shall, if the company is in other respects liable, be conclusive as to the amount of the loss and proportion to be paid by the company; where the full amount of the claim is awarded the costs shall follow the event; and in other cases all questions of costs shall be in the discretion of the arbitrators.

17. The loss shall not be payable until thirty days after completion of the proofs of loss, unless otherwise provided for by the contract of insurance.

18. The company, instead of making payment, may repair, rebuild or replace within a reasonable time the property damaged or lost, giving notice of their intention within fifteen days after the receipt of the proofs herein required.

19. The insurance may be terminated by the company by giving five days personal written notice to that effect, and, if on the cash plan, by tendering therewith a ratable proportion of the premium for the unexpired term, calculated from the termination of the notice; and the policy shall cease after such tender and notice aforesaid, and the expiration of the five days:

(a) The insurance, if for cash, may also be terminated by the assured by giving written notice to that effect to the company, or its authorised agent, in which case the company may retain the customary short rate for the time the insurance has been in force and shall repay to the assured the balance of the premium paid. 20. No condition of the policy, either in whole or in part, shall be deemed to have been waived by the company unless the waiver is clearly expressed in writing signed by an agent of the company.