Plate glass.

Burglary.

Elevator.

Explosion of boilers.

Guarantee insurance.

ties of whatsoever nature or from whatsoever cause arising to persons or property; also against loss or damage by breakage or otherwise to plate or other glass whether in or for windows, doors or other parts of chattels or buildings, and whether stored or in transit, on shore or afloat; also against loss from theft of any goods, chattels or other property, or from depredations of burglars, and against theft of or loss or injury to money, goods, chattels or other property while in transit and guaranteeing safe delivery of the same; also against loss or damage arising from breakage of or injury to any elevators or hoists or any part thereof or other machinery used in connection therewith; also against loss or damage arising from the breakage of or injury to steam engines, boilers, or any part thereof, or any other machinery of any nature or kind whatsoever; also against loss or damage arising from the breakage of, injury to or leakage from any machinery or plant used for the production or transmission of electricity or power, or for storage or transmission of or sprinkling by water; also against loss of human life or injury to the person from the explosion of steam boilers or from the breakage of or from injury occasioned by any class of machinery, and generally to transact every kind of accident and liability insurance whether of a like or of a different kind and whether now known or hereafter devised.

(b) The company may execute and enter into contracts by way of guarantee, indemnity or surety with any person or persons or body corporate or politic for the purpose of guaranteeing the fidelity of and the faithful accounting and performance of duty by persons filling or about to fill positions or situations of trust or confidence, and generally carry on and transact every description of guarantee and surety assurance against loss or damage arising from error, negligence, carelessness or misconduct of any person upon such terms as are agreed upon; also guaranteeing the fidelity of and the due performance and discharge by receivers, official and other liquidators, assignees, committees, guardians, executors, administrators, trustees, attorneys, brokers and agents of their respective duties and obligations; also guaranteeing persons filling or about to fill positions or situations of trust and confidence, insurance companies, benevolent or fraternal orders or societies, and all classes of officials or agents above mentioned, against liability for payments or advances made, and other acts done by them, and from liability of every nature in connection with or arising out of such positions or situations, and in particular, but not limiting the foregoing, against liabilities resulting from the error, negligence, carelessness or misconduct of any co-trustee, co-agent, sub-agent or other person; also guaranteeing and indemnifying against

lost instruments, documents, goods, chattels and other personal property, and guaranteeing the production and delivery of the same, or any of them; also guaranteeing the payment of costs, damages and expenses by or to any person, firm or corporation appealing to any court, or entering, carrying on or interested in any suit or proceeding of any kind what- Security ever, including arbitrations, entering into any bond, contract for costs. or security authorized or required in any attachment, replevin or other proceedings in any court, entering into bonds, contracts or securities required in or for or in connection with certiorari or any other criminal or quasi-criminal proceedings or in connection with any election or controverted or contested election; also guaranteeing the payment of money secured by or payable under or in respect of debentures, bonds, contracts, obligations or other securities of every nature or kind whatsoever of any person or persons or of any body corporate or politic, entering into any bond or contract authorized or required in relation to any occupation, position, service or business or to the carrying on or commencement thereof, or authorized, required or provided for by any statute, by-law, resolution, rule or regulation of any Dominion, Provincial, municipal or other authority; also guaranteeing the title to, production, delivery, possession or quiet enjoyment of any property, real or personal, either absolutely or subject to any qualifications or conditions; and guaranteeing persons interested or about to become interested in or selling, leasing, mortgaging or otherwise dealing with any property, real or personal, against any loss, action, proceeding, claim or demand in respect of the title, possession or enjoyment thereof, or any insufficiency or imperfection or deficiency therein or in respect to any claims, liens, incumbrances or other rights, or in respect to any delay in delivery or the non-production or non-delivery of any property, real or personal, entering into any bond, contract or security in relation to any tender or application for any contract, concession, franchise, judgment, order, decree, enactment, property or privilege or in relation to the carrying out or performance of any contract, concession, franchise, judgment, order, decree, enactment or privilege, or in connection therewith, and generally to carry on and transact every kind of guarantee business and every kind of indemnity business, whether of a like or of a different kind, and whether now known or hereafter devised.

agents, etc.

(e) The company may also act as agent, either general or Acting as special, for any other company or corporation carrying on business of a same or similar character to those set out in the preceding clause to this section, and may also cause itself to be insured against any risk undertaken in the course of

its business, and may also undertake the re-insurance of the similar risks of other companies.

2. This Act shall come into force on the day it is assented to.

CHAPTER 141.

An Act to incorporate "The Western Empire Fire and
Accident Insurance Company."

[Assented to March 26th, 1912.]

WHEREAS Henry Franklin Tench, William Smith, An- Preamble.

gus James Fraser, Charles J. Harrison, Frederick

C. O'Brien, J. Hubert Charnley and William P. Rundle, all of the City of Winnipeg, in the Province of Manitoba, have prayed that they may be incorporated as insurers, under the name of "The Western Empire Fire and Accident Insurance Company," and it is expedient to grant their prayer,

Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Name.

1. The persons in the preamble mentioned, and all such Incorpersons as shall become shareholders of the said company, poration. shall be and are hereby constituted and declared to be a body corporate and politic in law and in fact under the name and style of "The Western Empire Fire and Accident Insurance Company," for effecting insurance against losses by fire, lightning, wind storms, accidents and casualties, cyclone or tornadoes; to transact inland marine insurance, in- Purposes. land transportation insurance and plate glass insurance, and as such to have perpetual succession, with a corporate seal, and power from time to time to make, alter, break or change the same; and by that name may sue and be sued, plead and be impleaded, in all courts whatsoever.

2. The capital stock of the said company shall be five capital stock. hundred thousand dollars, divided into five thousand shares of one hundred dollars each, which said shares shall be and are hereby vested in the several persons to whom they shall be allotted, their legal representatives and assigns, subject to the provisions of this Act; provided always that it shall and may be lawful for the said company, by bylaw, to increase its capital stock to a sum not exceeding one million Increase of. dollars, if two-thirds in value of the shareholders, at a special general meeting to be expressly convened for that purpose, shall approve of such by-law.

First

directors.

3. For the purpose of organizing the said company, the persons named in the preamble of this Act shall be the provisional directors thereof, and they, or a majority of them, may cause stock books to be opened, upon which shall be Stock books. recorded the subscriptions of such persons as desire to become shareholders in the said company; and such books shall be opened in the City of Winnipeg and elsewhere at the discretion of the said provisional directors, and remain open so long as they may deem necessary.

First meeting of shareholders.

Calls on stock.

When company may write fire insurance.

4. So soon as two hundred thousand dollars of the said capital stock shall have been subscribed for and twelve and one-half per cent. of the amount so subscribed paid in, the company may commence business, and as soon as one hundren thousand dollars of the said capital stock shall have been subscribed for as aforesaid, and ten per cent. of the amount so subscribed paid in, the provisional directors may call a general meeting of shareholders in the said City of Winnipeg, by addressing a circular notice of such meeting to each shareholder at his or her last known place of residence, or as entered in the stock book, paying the postage thereon and depositing same in His Majesty's post office not less than thirty days prior to the date therein set for said meeting; at which general meeting the shareholders present in person or by proxy shall elect at least five and not more than ten directors in the manner hereinafter provided, who shall constitute a board of directors and shall hold office until their successors are elected, and the directors shall have power by by-law at any time thereafter to change the number of directors to any number not less than five nor more than twenty, and also may appoint of their own members such committees, with such powers and to discharge such duties as the directors may from time to time confer and impose on them; but the said committee shall at all times and in regard to all their actions and duties be subject to the control of the said board of directors.

5. The shares of capital stock subscribed for shall, after the first payment thereon, be paid in by such instalments and at such times and places as the said directors shall appoint. No such instalment shall exceed ten per cent., and not less than one month's notice of any call upon stock shall be given; and trustees, executors, administrators and curators paying instalments upon the shares of deceased shareholders shall be and are hereby respectively indemnified for paying the same; provided always that it shall not be lawful for the said company to commence the business of fire insurance until at least two hundred thousand dollars of the said capital stock have been subscribed and until