or to her or their assigns, for which payment to be well and truly made we bind ourselves and each of us by himself, our and each of our heirs, executors and administrators, firmly by these presents, sealed with our seals.. Dated this A.D. 19 day of Whereas, by an order of filiation made by and esquires, two justices of the peace for the Province aforesaid (or police magistrate), in the matter of an illegitimate child lately begotten of A.B., the said C.D. has been adjudged to be the father of such child, and has been required to enter into a bond to fulfil such order of filiation. Now the condition of this obligation is such that if the said C.D., his executors and administrators, do well and truly fulfil such order of filiation, then this obligation shall become void, otherwise it shall be and remains in full force and effect. Signed, sealed and delivered in the presence of C.D. (seal). E.F. (seal). G.H. (seal). FORM 9-SECTION 8. Warrant to apprehend father after order of filiation when he has avoided arrest under previous warrant. City (town, village, or rural municipality) of To all or any of the constables or other peace officers of the Province of Manitoba. Whereas a warrant was issued by us, to bring before us on the and the said A.B. appeared under the, said warrant, but the said C.D. could not be found; and on hearing the evidence then adduced before us we made an order of filiation in the absence of the said C.D., but he, the said C.D., has not complied therewith; these are therefore to command you to bring the said C.D. before us at the day of at o'clock in the on the noon, that he may be examined by us touching such order of filiation, and show cause why he should not comply with such order, and enter into a bond for the fulfilment thereof and otherwise to be dealt with according to law. FORM 10-SECTIONS 9 AND 10. Commitment to be endorsed upon the order of filiation. City (town, village, or rural municipality) of Whereas C.D., within named, has failed to fulfil the within order or to give a sufficient bond or deposit a cash security to fulfil such order, we hereby direct the keeper of the common gaol of the Judicial District to receive the said C.D. and commit him to gaol, there to remain at hard labor for the term of or until he has given such bond, or made such cash deposit, and paid the costs and charges attending the commitment and conveying to gaol, or is otherwise removed according to law. Witness our hands and seals at this day of in the A.D. 19 E.F., J.P. (seal). or E.F., P.M. (seal). of FORM 11-SECTION 14. Bond where an appeal from order has been made to a County Court the said Judge. Know all men by these presents that we, C.D., of and E.F. and G.H., of of in in the are held firmly bound unto (here insert name and description of respondent) in dollars, to be paid to the said or her or their assigns, for which payment to be well and truly made we bind ourselves and each of us by himself, our and each of our heirs, executors and administrators, firmly by these presents, sealed with our seals. and Whereas an order of filiation made by esquires, justices of the peace for the Province aforesaid (or police magistrate in and for the said Province), in the matter of an illegitimate child lately begotten of A.B.; the said C.D. has been adjudged to be the father of such child, and has been required to fulfil an order of filiation made in that behalf, from which order the said C.D. has appealed to the County Court of Now the condition of this obligation is such that in case such order is confirmed by the court, in whole or in part, then if the said C.D. his executors or administrators, pays all costs and charges which are incurred by the said in consequence of such appeal, and also fulfils such order so confirmed or confirmed in part, and abides by and fulfils the judgment of such court, this obligation shall become void, otherwise to be and remain in full force and effect. The plaintiff's claim is under "The Illegitimate Children's Act," against the defendant, as the putative father of an illegitimate child, born of for expenses in respect of such child. The following are the particulars of the plaintiff's claim: Date Medical expenses, delivery of such child Maintenance of such child, Paid education of child, Paid funeral expenses of child... months at.. months. Maintenance and care of mother during three months months subsequent to the birth of such child). Paid funeral expenses of mother, her death having The plaintiff also claims an order for the payment of a sum not exceeding two dollars per week, for maintenance and education of such child. weeks, for the future CHAPTER 30. An Act to amend "The Manitoba Insurance Act." Sec. 2 amended. "Automobile insurance." "Investment insurance." "Foreign company." Licenses to companies other than Canadian companies. [Assented to April 6th, 1912.] HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as fol lows: 1. Section 2 of "The Manitoba Insurance Act," being chapter 82 of the Revised Statutes of Manitoba, 1902, is hereby amended by adding thereto the following additional paragraphs: (r) "Automobile insurance" means insurance against accidental injury or death to the driver of an automobile, including insurance against loss or damage from accident to or injury suffered by an employee or other person caused by an automobile for which the owner is liable; and insurance against loss or damage to property from an accident caused by an automobile except by fire, and insurance against loss or damage to an automobile by accident, burglary or theft; (s) "Investment insurance" means insurance against loss of either principal or interest, or both, of moneys lent, invested or secured on mortgages or debentures, and loss of deposits and loans of every kind to any person or persons, or corporation at home or abroad, and includes insurance against loss of rentals by any cause except fire; (t) The expression "foreign company" means any company not incorporated by or under the authority of the Legislature of this Province. 2. The said Act is hereby further amended by adding thereto, immediately before section 5 thereof, the following section: 4B. A license under this Act may be granted to a company other than a company incorporated under the authority of the Parliament of Canada to carry on the business of: (a) Life insurance in all its branches, or (b) Fire, storm, cyclone, tornado, hail, inland marine, inland transportation and sprinkler leakage insurance, or (c) Plate glass, live stock, explosion, steam boiler, burglary, theft, automobile and vehicle, employer's liability, guarantee, accident and sickness insurance, or (d) Mortgage, investment and title insurance, or any kind or kinds of insurance not included in any of the foregoing groups. carry on one kind A company licensed to carry on the kind or kinds of busi- Licenses to ness in any one of the above groups, with the exception of more than group (a), may take out one or two licenses, as the case may of business. be, to carry on the kind or kinds of business in one or two of the remaining groups, excepting group (a), upon paying an additional license fee for each such additional license according to the scale fixed by section 37 of said Act, as reenacted by section 5 of chapter 24 of 9 Edward VII, and may combine any of the kinds of business for the carrying on of which it has received a license or licenses. No such company shall carry on any such business in this Province without being specially licensed to do so under this section. 3. Section 6A, added to the said Act by section 1 of chap- sec 6A ter 19 of 6 and 7 Edward VII, is hereby repealed and the fol- repealed. lowing section substituted therefor: companies to 6A. Every company which takes out and holds a license Licensed or certificate of registration as aforesaid shall have the same have same powers and rights of carrying on its business in this Pro- rights as vince as if it had been incorporated by an Act of the Legis. Incorporated lature of this Province. companies in the Province. 3 and 4 Edw. 4. Section 5 of chapter 27 of 3 and 4 Edward VII, in sec. 5, c. 27, tituled "An Act to amend The Manitoba Insurance Act," is vII amended. hereby amended by adding thereto the following sub-sec tions: companies to (a) All foreign insurance companies, licensed to transact Foreign any business of life insurance in the Province of Manitoba, make deposit. shall deposit with the Provincial Treasurer the reserve required by this section on all its Manitoba policies. statement to (b) Every company, incorporated or licensed by the All companies Legislative Assembly of Manitoba, under "The Manitoba to furnish Insurance Act," transacting any business of life insurance inspector. in this Province, shall annually, on or before the first day of April, furnish to the inspector of insurance a statement of the value of all its policies in force at the thirty-first day of December of the preceding year, certified to by a duly qualified actuary, such valuation to be computed on the basis of the reserve required under the provisions of "The Insurance Act of Canada;" and, once in every five years, or Sec. 10 amended. Sec. 11 repealed. What power of attorney oftener (at the discretion of the Minister), the inspector of insurance shall have a valuation made of all said policies then in force by a duly qualified actuary, who shall be appointed by the Minister. 5. Paragraph (b) of section 10 of "The Manitoba Insurance Act," being chapter 82 of the Revised Statutes of Manitoba, 1902, is hereby amended by striking out the words "its chief officer or agent in the Province, or some other person resident and doing business in the Province," from the second, third and fourth lines thereof and substituting therefor the words "the inspector of insurance for the Province." 6. Section 11 of the said Act is hereby repealed and the following substituted therefor: 11. - (1) Such power of attorney shall declare at what shall declare. place in the Province the chief agency or head office is or is to be established, and shall expressly authorize the said inspector of insurance to receive at his office, in the Government buildings, service of process in all actions, suits and proceedings against the company in the Province in respect of any liabilities incurred by the company therein, and shall declare that service of process for or in respect of such liabilities on the said inspector of insurance, at his said office, shall be legal and binding on the company to all intents and purposes whatsoever. Foreign appoint inspector as attorney. (2) No foreign insurance company now doing business companies to in this Province, or hereafter admitted to do business, directly or indirectly, and not having its head office within this Province, or incorporated under the laws of this Province, shall issue policies, take risks or transact any business in this Province until it shall have first appointed, in writing, the inspector of insurance (or his successor in office) to be the true and lawful attorney for such company for this Province, and upon whom all lawful processes in any action or proceeding against the company may be served. Service on attorney to (3) The said power of attorney shall stipulate and agree be sufficient. upon the part of the company that any lawful process in any action against the company, which is served upon the said attorney, shall be of the same legal force and validity as if served upon the company, and that such authority shall continue in force so long as any liabilities remain outstanding against the company in the Province. Duplicates of said power of attorney, duly filed as aforesaid, shall be filed by the company at Winnipeg in the office of the prothonotary of the King's Bench. |