12. Nothing in this Act contained shall in any way decrease or lessen the liability or obligations of any person or corporation under Workmen's Act, 1908." The Compensation 1913 CHAPTER 15. An Act respecting Agreements for the Sale of Farm Machinery. (Assented to March 25, 1913.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Farm Machinery Act." Short title 2. "Farm machinery" in this Act shall mean any and Interpretation every implement and machine purchased by a farmer for use upon any farm, and without in any way restricting this meaning shall include all engines, threshing machines, steam plows, binders and mowers. 3. No covenant, proviso, stipulation or condition in any Unreasonable agreement (whether under seal, verbal or written) shall provisions be binding upon the purchaser of farm machinery, provided a court or judge shall decide or declare that such covenant proviso, stipulation or condition is, under all the facts and circumstances of the case unreasonable. 4. Notwithstanding anything contained in any agreement to the contrary, the vendor shall be responsible for all representations made by his agent or agents during the negotiations of sale, and any and all persons conducting negotiations on behalf of vendor which terminate in an actual sale shall be deemed to be agents of the vendor. 5. Notwithstanding anything in any agreement contained to the contrary all farm machinery shall be sold as warranted and guaranteed to be made of good material, to be properly constructed both as to design and workmanship, to be in good working order, to satisfactorily perform the work for which it is intended, to be free from latent and other defects and to be in every way so designed and constructed as with proper care and use to ensure reasonable durability. 6. This Act shall not apply to second-hand machinery. Short title 1913 CHAPTER 16. An Act respecting Insurance Companies. (Assented to March 25, 1913.) HIS IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE. 1. This Act may be cited as "The Alberta Insurance Act." Interpretation Province Treasurer Company Offer to undertake any contract INTERPRETATION. 2. In this Act, unless the context otherwise requires(a) "Province" and "Legislature" means respectively the Province and the Legislative Assembly of Alberta; (b) "Treasurer" or "Minister" means the Treasurer of the Province of Alberta, or any member of the Executive Council to whom from time to time may be transferred, either for a limited period or otherwise, the powers and duties which are by this Act assigned to the Treasurer; (c) "Company" means and includes any corporation, or any society or association, incorporated or unincorporated, or any partnership or any underwriter, except as provided by the third section of this Act, that undertakes or effects for valuable consideration, or agrees or offers so to undertake or effect, in the province, any contract of indemnity, guarantee, suretyship, insurance, endowment, tontine, or annuity on life, or any like contract which accrues payable on or after the occurrence of some contingent event; (d) "Offer to undertake any contract" includes the setting up of a sign or inscription containing the name of the company, and the distribution or publication of any proposal, circular, card, advertisement, printed form or like document in the name of the company, or any written or oral solicitation in the company's behalf; (e) "Contract" means and includes any contract or Contract agreement, sealed, written or oral, the subject matter of which is within the intent of paragraph (c) hereof; (f) "Written," as applied to any instrument, includes Written written or printed, or partly written and partly printed; company (g) "Provincial company" means a company incorpor- Provincial ated by or under any Act of the Legislature of Alberta; company (h) "Canadian company" means a company incorporated Canadian or legally constituted in the Dominion of Canada, other than a company included under paragraph (g) hereof; insurance (i) "Inland marine insurance" means marine insurance Inland marine in respect of subjects of insurance at risk in Canada above the harbour of Montreal; insurance () "Mutual insurance" means insurance given in con- Mutual sideration of a premium note or undertaking with or without any immediate cash payment thereof; and the expression "mutual company" means a company empowered solely to transact mutual insurance; company (k) "Cash-mutual company" means a company organ- Cash-mutual ized to transact mutual insurance, but empowered to undertake contracts of insurance on both the cash plan and the premium note or mutual plan; (1) "Guarantee insurance" means the guaranteeing of Guarantee the fidelity of persons in positions of trust; or the due insurance performance of contracts; insurance (m) "Accident insurance" means insurance against bod- Accident ily injury and death by accident, including the liability of employers for injuries to persons in their employment; (n) "Plate glass insurance" means insurance against Plate glass the breaking of plate or other glass, either local or in transit; insurance (o) "Steam boiler insurance" means insurance against Steam boiler loss or damage to life, person or property caused by the insurance explosion of steam boilers; insurance (p) "Inland transportation insurance" means insur- Inland ance against loss or damage to goods, wares, merchandise transportation or property of any kind, including matter transmitted by mail, in transit otherwise than by water, from place to place in Canada; insurance (7) "Sickness insurance" means insurance against loss Sickness through illness not ending in death, or disability not arising from accident or old age; insurance (r) "Automobile insurance" means insurance against Automobile 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 Investment insurance Foreign company Application of Act License necessary Capitalization, 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 on 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) Foreign company" means any company not incorporated by or under the authority of the Legislature of this Province; (u) "License" means license or certificate of registration; (v) "Licensed" means licensed or registered. APPLICATION OF ACT. 3. The provisions of this Act shall not apply to a company licensed by the Dominion of Canada except as to sections numbered two, four, five, seven, eight, thirteen to twentyfour inclusive, forty to forty-two inclusive, fifty-seven to sixty inclusive, and seventy-six to eighty-two inclusive. LICENSES. 4. No company shall undertake or solicit, or agree or offer to undertake, any contract within the intent of the second section of this Act, whether the contract be original or renewed, except the renewal from time to time of life assurance policies, or accept, or agree or negotiate for any premium or other consideration for the contract, or prosecute or maintain any action or proceeding in respect of the contract, except such actions or proceedings as arise in winding up the affairs of the company, without in each such case having first obtained from the Treasurer, and holding a license or a renewal of such license, under the provisions of this Act. 5. No such license shall be granted (a) To a joint stock company undertaking fire, or fire and inland marine, or fire and accident, or life, or life and accident, or guarantee or suretyship insurance, or hail insurance, unless the amount of its authorized capital stock shall be at least $500,000, and unless the company shall furnish to the superintendent satisfactory evidence that of the said capital stock at least $200,000 has been bona fide subscribed for and taken up, and that at least $25,000 of the said subscribed stock has been paid up; (b) To a joint stock company undertaking accident, or sickness, or sickness and accident, or live-stock insurance, |