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 encumbrances 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, and furnish invoices and other vouchers, to furnish copies of the written portion of all policies, and to exhibit for examination all that remains of the property which was covered by the policy. 1903 (2nd Session), c. 20, s. 3.

(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 [sixty] days after completion of the proofs of loss, unless otherwise provided for by the contract of insurance. 1903 (2nd Session), c. 20, s. 4.

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 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; in the case of personal service of the notice five days' notice excluding Sunday shall be given. Notice may be given by any company registered under the provisions of The Foreign Companies Ordinance and having an agency in the Territories by registered letter addressed to the assured at his last post office address notified to the company and where no address notified then to the post office of the agency from which application was received and where such notice is by letter then ten days from the arrival at any post office in the Territories

shall be deemed good notice. And the policy shall cease after such tender and notice aforesaid and the expiration of the five or ten days, as the case may be.] 1903 (2nd Session), c. 20, s. 5.

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.

21. Any officer or agent of the company who assumes on behalf of the company to enter into any written agreement relating to any matter connected with the insurance shall be deemed prima facie to be the agent of the company for the purpose.

22. Every action or proceeding against the company for the recovery of any claim under or by virtue of this policy shall be absolutely barred unless commenced within the term of one year next after the loss or damage occurs.

23. Any written notice to a company for any purpose of the statutory conditions, where the mode thereof is not expressly provided, may be by letter delivered at the head office of the company in the North-West Territories, or by registered post letter addressed to the company, its manager or agent, at such head office, or by such written notice given in any other manner to an authorized agent of the company.

CHAPTER 114.

An Ordinance to Amend Chapter 30 of the Ordinances of 1901

(1903 1st Session, c. 21.)

This Ordinance is incorporated in The School Assessment Ordinance, Chapter 105.

Short title

Interpretation

Registration of stallions

Copies of certificate of

registration to

CHAPTER 115.

An Ordinance to Protect Horse Breeders in the North-West

THE

Territories.

(Chapter 23 of 1903, 1st Session.)

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

SHORT TITLE.

1. This Ordinance may be cited as "The Horse Breeders Ordinance." 1899, c. 20, s. 1.

INTERPRETATION.

2. The expression "Commissioner" means the Commissioner of Agriculture;

The expression "Department" means the Department of Agriculture;

The expression "owner" includes a part owner.

3. Every person, firm or company standing or travelling any stallion for profit or gain in the North-West Territories shall cause the name, description and pedigree of such stallion to be enrolled in the department and shall procure a certificate of such enrolments as hereafter provided.

(2) No fee shall be required for such enrolment and certificate for any stallion registered under the provisions of chapter 20 of the Ordinances of 1899 but in all other cases there shall be paid for such enrolment and certificate a fee of $2.

(3) Upon a transfer of the ownership of any stallion enrolled under this section the certificate of enrolment may be transferred to the transferee by the commissioner upon proof to his satisfaction of such transer and upon payment of the fee of $1. 1899, c. 20, s. 2.

4. The owner of any stallion shall post up and keep affixed during the whole of the season copies of the certificate of such be posted up stallion issued under the next preceding section in a conspicuous place both within and upon the outside of the main door leading into every stable or building where the said stallion stands regularly for public service.

Certificate

of pure bred stallion

5. The certificate issued for a stallion whose sire and dam are of pure breeding and which is registered in a stud book approved by the commissioner shall be in form A in the schedule hereto.