examined tendent or his deputy, shall have power to examine under May be oath any officer or agent of the company relative to its under oath business. Same be furnished 95. It shall also be the duty of the officers and agents of information the company to furnish the superintendent, on his request, to inspector with full information as to the total liability of the company, if requested if an Alberta company, in respect of unearned premiums upon all outstanding unmatured policies, and if not an Alberta company, in respect of unearned premiums upon all its outstanding unmatured policies of insurance upon property in Alberta. reports to 96. A report of all companies so inspected shall be entered Records of in a book kept for that purpose, with notes and memoranda, be kept showing the condition of each company; and where a special examination has been made, a special written report shall be communicated to the Treasurer, stating the superin-examination tendent's opinion of the condition and financial standing particular of the company, and all other matters desirable to be made company known to the Treasurer. Special Penalties inspection, etc. 97. Every director, officer, manager, agent, collector, for false auditor or employee of a company, who, knowingly makes or entriessal assists to make any untrue entry in any of the company's to permit books, or who refuses or neglects to make any proper entry therein, or to exhibit the same or to allow the same to be inspected, and extracts to be taken therefrom, shall be guilty of an offence punishable, on summary conviction before any police magistrate or two justices of the peace, by a fine not exceeding fifty dollars, and, in default of payment, by imprisonment for a term not exceeding six months. as to any that is 98. If it appears to the superintendent that the assets of Special report any company are not sufficient to justify its continuance company of business, or that the company is unsafe for the public to unsound effect insurance with, he shall make a special report on the affairs of the company to the Treasurer to that effect. of same by and report to Governor in 99. After full consideration of such report and a reasonable Consideration time being given to the company to be heard, and if, after Treasurer such further inquiry and investigation, (if any), as he may Lieutenant see proper to make, the Treasurer reports to the Lieutenant Council Governor in Council that he agrees with the superintendent in the opinion expressed in his report, then, if the Lieutenant Governor in Council also concurs in such opinion, an order in council may issue suspending or cancelling the license of the company, or prohibiting the company Suspension or from doing any further business, and thereafter it shall not of license be lawful for the company to do any further business in cancel'ation Publication of notice Prohibition of business thereafter In special cases inspector with approval Governor in Council to value assets and liabilities Alberta, until the suspension or prohibition is removed by the Lieutenant Governor in Council. 100. Notice of the suspension or cancelling of any license, or prohibition from doing any further business, shall be published in The Alberta Gazette; and thereafter any person transacting any business in behalf of the company, except for winding up its affairs pursuant to this or any other Act, shall be deemed to have been guilty of an offence punishable on summary conviction before any justice of the peace by a fine not exceeding $25.00. 101. Wherever the affairs of any insurance company doing business in Alberta appear to require the same, the superinof Lieutenant tendent, with the approval of the Lieutenant Governor in Council, may, at the expense of the company, have abstracts prepared of its books and vouchers and a valuation made of the assets and liabilities; and the certificate of the superintendent, approved of by the Treasurer, shall be conclusive as to the expenses to be paid by the company in respect thereof. Superintendent not to be shareholder of insurance company When payment to be made Certificate of Treasurer as to amount to be conclusive 102. Neither the superintendent, nor any officer under him, shall be interested as a shareholder, directly or indirectly, in any insurance company. 103. All sums payable under this Act to the Treasurer shall be so paid before the issue of a renewal of the license, and, in any disputed case, the Treasurer's certificate, or approval of an account certified by the superintendent, shall, as to the amount so payable by each or any company, be held to be conclusive. Companies to maintain assets sufficient IMPAIRMENT OF CAPITAL AND PAYMENT OF DIVIDENDS. 104. Every company licensed to carry on the business of fire insurance or inland marine insurance, or both, shall at all times maintain assets in Alberta at least equal in value to upon unearned the total of the unearned premiums upon all outstanding to cover liabilities premiums as well as other liabilities Dividends not to be paid in impairment of capital unmatured policies upon property in Alberta, calculated pro rata for the times unexpired, together with the amount of matured claims for losses in Alberta, and all its other liabilities of every kind in Alberta. 105. No dividend shall be paid by any such company while its paid up capital is impaired or while its assets are less than the amount required by the next preceding section, nor shall any dividend be paid which would reduce its assets below the said amount or impair its capital. Minister if to standard 106. If it appears to the superintendent at any time that Report to the assets of any such company fall below the requirements assets not up of section 104 he shall report the fact to the Treasurer, and state whether or not the company appears to him to have paid any dividend in contravention of the last preceding section, and the Treasurer, after a full consideration of the matter and after giving the company a reasonable opportunity to be heard, may either recommend the cancellation of the company's license by the Lieutenant Governor in Council, who may upon such recommendation order the cancellation of the same, or the Treasurer may, upon such terms and conditions as he may deem proper, limit a time Cancellation within which such company shall make good the deficiency, if assets and upon the company's failure to make good such de- to standard ficiency within the time so limited, such license shall be cancelled by the Lieutenant Governor in Council upon the report of the Treasurer recommending the same. of not brought up If assets twenty per on report of 107. If at any time it be found that the assets of any such company are less than the amount required by section 104, cent. too low by an amount equal to twenty per cent. or more of the total cancelled amount of the said unearned premiums, calculated as afore- Minister said, or that the company has paid any dividends in contravention of section 105, it shall be the duty of the Treasurer to report the same to the Lieutenant Governor in Council. whereupon the company's license shall be cancelled by order of the Lieutenant Governor in Council. 108. Chapter 7 of 23, George V, intituled The Hail Insurance Act, is hereby repealed. 109. This Act shall come into force on the first day of July, 1913. SCHEDULE. The following is the schedule referred to in this Act: SCHEDULE A. (Section 64) FORM OF DECLARATION TO ACCOMPANY THE ANNUAL STATEMENT. We, and. of. and... company, do solemnly declare that we are the above described officers of the said company, and that we have, each of us individually the means of verifying the correctness of the statement within contained (or hereunder annexed) of the affairs of the said company; and that, on the. ..day of... .last. all the above described assets were the absolute property of the said company, free and clear from any liens or claims thereon, except as above stated, and that the foregoing statement, with the schedules and explanations hereunto annexed and by us subscribed, are a full and correct exhibit of all the liabilities, and of the income and expenditure, and of the general conditions and affairs, of the said company, on the said. .day of... and for the... year ending on that day. ..last, And we make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of The Canada Evidence Act. Declared before me at the day of.. . A.D., 19... this.. (Signatures). 1913 CHAPTER 17. An Act for the Protection of Wages to Threshing Machine HIS 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 Thresher Employees Short title Lien Act." INTERPRETATION. 2. In this Act unless the context otherwise requires Interpretation 1. "Employer" includes any person or body of persons Employer corporate or unincorporate with whom an employee as defined by this Act has entered into a contract of service whether such employer is the owner, lessee or bailee of the threshing machine on or about which such contract of service is performed; 2. "Employee" includes every person who is engaged in an employment of threshing on or about any threshing machine and means any person who has entered into or works under a contract of service with an employer as defined by this Act whether the contract is expressed or implied, is oral or in writing; Judge 3. "Court" means the District Court of the judicial Court district within which the threshing or some part thereof has been performed; and "judge" means the judge of the said court. claim for against 3. Any employee who works for wages on or about any Priority of threshing machine shall to the extent of his wages have wages a claim against the earnings of his employer in the hands earnings of a third person, for whom such threshing has been done of machines by his employer and in the course of which such employee was engaged, provided he notifies the said third person, |