Defects in form Certificate of incorporation, its effects as evidence Application for certificate Evidence thereon Issue of certificate registrar or his deputy showing the particulars necessary for creating a corporation under this Act shall be prima facie evidence that the society or branch is an incorporated society or branch under this Act. C. O. 1898, c. 66, s. 11. 12. No defect of form in the certificate of the judge or in the proceedings to which the certificate of the judge relates shall affect the validity of the incorporation. C. O. 1898, c. 66, s. 12. 13. To facilitate the proof of a society or branch being an incorporated society or branch under this Act and to prevent any future question as to the same, the society or branch after the same has become incorporated as aforesaid shall be entitled (if the society or branch thinks fit) to receive a certificate of such incorporation in manner hereinafter mentioned; and a certificate so obtained shall be final and conclusive evidence of the society or branch being an incorporation under this Act unless the certificate on the order or decision of the court granting or authorising the same is reversed or set aside by some direct proceeding taken for the purpose; and the proceedings for the purpose of obtaining the certificate may be as follows: 1. The application for the certificate may be made by the society or branch to a judge of the supreme court of Saskatchewan; 2. The application shall be supported by satisfactory evidence that the society or branch is a society or branch within the true intent and meaning of this Act; that the proceedings. necessary for incorporation have been duly taken; that four weeks' notice of the intention to apply for a certificate has been given to the Lieutenant Governor of Saskatchewan; and that a like notice has been published for four weeks in The Saskatchewan Gazette; and if the judge is not satisfied with the evidence offered of these particulars in the first instance he may instead of dismissing the application give an opportunity or opportunities for producing further evidence; and if there is any defect in the proceedings taken to obtain incorporation the judge may permit the same to be supplied and he may in all cases require from time to time any further publication to take place and any other notice to be mailed, served or given which he deems necessary; 3. When the judge is satisfied that the society or branch is entitled to the certificate the certificate may be issued by the local registrar for the judicial district in which the application is made in duplicate (under his hand and the seal of the court) or in as many parts as may be required and the same shall name the day from and at which the incorporation was complete and effectual and any person shall thereafter be entitled to receive a certificate to the same effect sealed and signed as aforesaid; which certificate or counterpart thereof shall be final and conclusive as hereinbefore mentioned; practice 4. The judges of the supreme court of Saskatchewan shall Costs and have power to regulate the practice and costs in such cases. C. O. 1898, c. 66, s. 13. furnish property 14. It shall be the duty of the corporation when thereunto Society to required by the Lieutenant Governor in Council or by the statement of Legislative Assembly to furnish a statement of the real real property and of the estates therein held by the society and to give such details thereof as the Lieutenant Governor in Council or the Legislative Assembly may from time to time require. C. O. 1898, c. 66, s. 14. name, etc., 15. When a society incorporated under the provisions of Change of this Act is desirous of changing its name or of changing any of society of the purposes contained in the original certificate or declaration of incorporation a judge of the supreme court upon being satisfied that the change desired is not for an improper purpose and is not otherwise objectionable may make an order reciting the certificate and declaration of incorporation and making the change desired. (2) Such order shall be filed in the office in which the order to be certificate and declaration were filed and a copy of the order filed certified by the registrar of the supreme court at Regina or his deputy to be a true copy of the order filed in the said office shall be prima facie evidence of the change having been made as therein set forth. society not affected (3) No change under the next preceding two subsections Rights and shall affect the rights or obligations of the society and all obligations of actions or proceedings commenced by or against the society prior to the change of name may be proceeded with by or against the society under its former name. C. O. 1898, c. 66, s. 15. 16. In case the Lieutenant Governor in Council adopts or Forms approves of any forms for any of the proceedings under this Act and the order adopting or approving of the same is, with the forms, printed in The Saskatchewan Gazette such forms shall be as effectual for the purposes mentioned in this Act or in the Order in Council as if the said forms had been inserted. in this Act. C. O. 1898, c. 66, s. 16. SCHEDULE. Acts for purposes not intended by this Act. 1. Chapter 42 of The Revised Statutes of Saskatchewan 1909. 2. Chapter 72 of The Revised Statutes of Saskatchewan 1909. 3. Chapter 82 of The Revised Statutes of Saskatchewan 1909. 4. Chapter 112 of The Revised Statutes of Saskatchewan 1909. 5. Chapter 113 of The Revised Statutes of Saskatchewan 1909. 6. Chapter 143 of The Revised Statutes of Saskatchewan 1909. CHAPTER 80 An Act to Secure Uniform Conditions in Policies of Fire Insurance. SHORT TITLE. 1. This Act may be cited as "The Fire Insurance Policy Short title Act." 1903, c. 16, s. 1. be liable not trifling proof 2. Where, by reason of necessity, accident or mistake, the Company to conditions of any contract of fire insurance on property in withstanding Saskatchewan as to the proof to be given to the insurance defects in company after the occurrence of a fire have not been strictly complied with or where after a statement or proof of loss has been given in good faith by or on behalf of the assured in pursuance of any proviso or condition of such contract the company through its agent or otherwise objects to the loss upon other grounds than for imperfect compliance with such conditions or does not within a reasonable time after receiving such statement or proof notify the assured in writing that such statement or proof is objected to and what are the particulars in which the same is alleged to be defective and so from time to time or where for any other reason the court or judge before whom a question relating to such insurance is tried or inquired into considers it inequitable that the insurance should be deemed void or forfeited by reason of imperfect compliance with such conditions no objection to the sufficiency of such statement or proof or amended or supplemental statement or proof, as the case may be, shall in any of such cases be allowed as a discharge of the liability of the company on such contract of insurance wherever entered into; but this section shall not apply where the fire has taken place before the first day of January, 1904. 1903, c. 16, s. 2. payable to notice of 3. Where the loss, if any, under any policy has with the Where loss consent of the company been made payable to some person or mortgagee, persons or company other than the assured as mortgagee or cancellation, mortgagees said policy shall not be cancelled by the company etc., to be upon the application of the assured nor in any case without mortgagee reasonable notice to the said mortgagee or mortgagees. 1903, c. 16, s. 3; 1903 (2), c. 20, s. 1. given conditions 4. The conditions set forth in the schedule of this Act Statutory shall as against the insurers be deemed to be part of every Variations in conditions Legality of variations in conditions Conditions held by court and unreason. contract whether sealed, written or oral of fire insurance after the thirty-first day of December, 1903, entered into or renewed or otherwise in force in Saskatchewan 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." 1903, c. 16, s. 4. 5. Every policy shall be in ink of only one colour but 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: "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 Act 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." 1903, c. 16, s. 5; 1908, c. 38, s. 13 (2). 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. 1903, c. 16, s. 6. 7. In case a policy is entered into or renewed containing or to be unjust including any condition other than or different from the conditions set forth in the schedule to this Act if the said 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. 1903, c. 16, s. 7. Appeal 8. A decision of a court or a judge under this Act shall be subject to review on appeal to the same extent as a decision by such court or judge in other cases. 1903, c. 16, s. 8. |