To receive, invest and manage any sinking fund therefor on such terms as may be agreed upon;

To accept and execute the offices of executor, administrator, trustee, receiver, assignee, or of trustee for the benefit of creditors under any Ordinance of the Legislature of the Territories; and of guardian of any minor's estate, or committee of any lunatic's estate; to accept the duty and act generally in the winding up of estates, partnerships, companies and corporations;

To guarantee any investments made by them as agents or otherwise;

To sell, pledge, or mortgage any mortgage or other security or any other real or personal property held by the company from time to time, and to make and execute all requisite conveyances and assurances in respect thereof;

To make, enter into, deliver, accept and receive all deeds, conveyances, assurances, transfers, assignments, grants and contracts necessary to carry out the purposes of the said company, and to promote the objects and business of the said company;

And for all such services, duties and trusts to charge, collect and receive all proper remuneration, legal, usual and customary costs, charges and expenses.

CHAPTER 113.

An Ordinance to Secure Uniform Conditions in Policies of Fire

Insurance.

(Chapter 16 of 1903, 1st Session.)

THE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows:

Short title

Company to be liable

ing trifling

SHORT TITLE.

1. This Ordinance may be cited as "The Fire Insurance Policy Ordinance."

2. Where, by reason of necessity, accident or mistake, the notwithstand conditions of any contract of fire insurance on property in defects in proof the Territories, as to the proof to be given to the insurance 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 coming into force of this Ordinance.

Where loss payable to mortgagee, notice of cancellation,

etc., co be given mortgagee

3. Where the loss, if any, under any policy has, with the consent of the company, been made payable to some person or persons or company other than the assured as mortgagee or mortgagees, said policy shall not be cancelled by the company upon the application of the assured, nor in any case without reasonable notice to the said mortgagee or mortgagees. 1903 (2nd Session), c. 20, s. 1.

conditions

4. The conditions set forth in the schedule of this Ordinance Statutory 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 NorthWest Territories with respect to any property therein, or in trans t therefrom or thereto, and shall be printed on every policy of fire insurance, with the heading "Statutory Conditions."

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:

"VARIATIONS IN CONDITIONS.

"This pol cy 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."

Variations in conditions

variations in

6. No such variation, addition or omission shall, unless the Legality of same is distinctly indicated and set forth in the manner or to conditions 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 contary, 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.

held by court

and unreason

7. In case a policy is entered into or renewed containing or Conditions including any condition other than or different from the con- to be unjust 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 tred, to be not just and reasonable, such condition shall be null and void.

and void

8. A decision of a court or a judge under this Ordinance Ap›eal 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 CommenceJanuary, 1904.

ment

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 endorsed hereon by an agent of the company duly authorized 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 ware, 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 endorsed 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 notice of the intention or desire to effect the subsequent insurance [has been mailed to it, addressed to it at its principal office in the North-West Territories or at the post office of the agency where the application for insurance was made, by registered letter]. 1903 (2nd Session), c. 20, s. 2. 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 payment of a ratable portion 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 co

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 authorized agent of the company; but in dwelling houses fifteen days are allowed in each year for incidental repairs without such permission;

(1) For loss or damage occurring while petroleum, rock, earth or coal oil, camphene, gasoline, burning fluid,