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wise, including the Official Guardian to the extent of his guardianship of such infant; and may, if it shall be deemed to be for the welfare of the infant, appoint another guardian in place of the guardian so removed; but if the infant is of the age of fourteen years, no such appointment shall be made without his consent.

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Any application to the Court or a Judge under this subsection may be made by the infant by his next friend.

"(8.) Subject to the provisions of any Act authorizing the appoint- Guardian to give security. ment of an incorporated company to act as guardian of infants without security, every person so appointed a guardian by the Court or Judge as in this section mentioned, other than the Official Guardian, shall, before he enters upon his duties, give security to the satisfaction of such Court or Judge for the faithful and efficient discharge thereof; and upon such security being given, but not otherwise, such person may have and exercise all the rights and powers and shall perform the duties of such guardianship.

"(9.) Nothing in this Act shall be construed to restrict the jurisdiction of the Supreme Court or any Judge thereof with respect to the appointment or removal of guardians of infants.

"Powers and Duties of Guardians.

"6. (1.) Every appointment of a guardian by virtue of this Act, however made, including the appointment of the Official Guardian, from the time it takes effect, shall vest in the person to whom made, if he accepts the appointment, all the rights and powers and subject him to all the duties and obligations of a guardian of such infant, and shall be valid and effectual against every other person claiming the custody and tuition of such infant as guardian in socage or otherwise. He may take the custody and charge of the tuition of such infant, and may maintain all proper actions for the wrongful taking or detention of the infant, and shall recover damages in such actions for the benefit of his ward. He shall also take the custody and management of the personal estate of such infant and the profits. of his real estate during the time for which such appointment shall have been made, and, subject to the provisions of the Official Guardians Act,' may bring or defend in the name of the infant such actions in relation thereto as by law an owner of such real or personal estate might lawfully bring or defend.

"(2.) In the event of the guardians being unable to agree among themselves upon any question affecting the welfare of an infant, any of them may apply to the Supreme Court or a Judge thereof for directions, and the Court or Judge may make such order as may be deemed just.

"(3.) A general guardian or guardian in socage shall safely keep the property of his ward that shall come into his custody, and shall not make or suffer any waste, sale, or destruction of such property

Jurisdiction of Supreme Court not affected.

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Guardians to pass accounts.

Repeals s. 9.

Mother to have access to infant or custody of infant subject to regulations.

Order may be varied on application.

or inheritance, but shall keep in repair and maintain the houses, gardens, and other appurtenances to the lands of his ward by and with the issues and profits thereof, or with such other moneys belonging to his ward as shall be in his possession; and shall deliver the same to his ward when he comes to full age, in at least as good condition as such guardian received the same, inevitable decay and injury only excepted; and shall answer to his ward for the issues and profits of the real estate received by him by a lawful account, saving to the guardian his reasonable costs.

"(4.) Every guardian, other than the Official Guardian, shall, upon the termination of his guardianship and at such other times as the Supreme Court or a Judge thereof on the application of the infant may direct, pass his accounts in the manner prescribed by the Rules of Court.' Every such guardian shall, before passing his accounts, file a copy thereof with the Official Guardian, with notice of the time and place appointed for the examination and passing of such accounts; and the Official Guardian shall examine such accounts, and, if he think it necessary, shall attend on such examination."

4. Section 9 of said chapter 107, together with all the words in the line next preceding said section, are hereby repealed, and the following section and words are substituted therefor:

"Custody of Infants.

"9. (1.) The Supreme Court or a Judge thereof, upon the application of the mother of any infant (who may so apply without next friend), may order

"(a.) That the petitioner shall have access to such infant at such time and subject to such regulations as the Court or Judge deems proper; or

"(b.) That such infant shall be delivered to the mother and remain in or under her custody or under her control, or shall, if already in her custody or under her control, remain therein until such infant attains majority or such age as the Court or Judge directs, and that such custody or control shall be subject to such regulations as regards access by the father or guardian of such infant, and otherwise, as the said Court or Judge deems proper.

"(2.) The Supreme Court or a Judge may afterwards alter, vary, or discharge such order on the application of either parent (in which case the mother may apply or oppose the application without next friend), or, after the death of either parent, on the application of the guardian of any such infant; and in every case may make such order respecting the costs of the mother and the liability of the father for the same, or otherwise as to costs, as the Court or a Judge thinks just.

welfare of infant.

"(3.) In making such order the Court or Judge shall have regard Regard to be had to to the welfare of such infant, and to the conduct or circumstances of the parents, and to the wishes as well of the mother as of the father."

5. Sections 110, 111, 112, 113, 114, 115, 116, and 117 of said Repeal. chapter 107 are hereby repealed.


Printed by WILLIAM H. CULLIN, Printer to the King's Most Excellent Majesty.

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An Act to amend the "British Columbia Fire Insurance R.S.B.C. 1911,


c. 113.

[1st March, 1913.]


IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1. This Act may be cited as the "British Columbia Fire Insur Short title. ance Act Amendment Act, 1913."

2. The British Columbia Fire Insurance Act," being chapter 113 New section added of the "Revised Statutes of British Columbia, 1911," is hereby

amended by adding thereto the following as section 5A:

"5A. Companies licensed under this Act to transact the business Loss by lightning. of fire insurance may, in their contracts, insure against loss or

damage by lightning if authorized by their charter so to do."

3. Subsection (c) of section 10 of said chapter 113 is struck out. Repeals s. 10,

subsec. (c).

4. Subsection (g) of section 10 of said chapter 113 is hereby Amends subsec. (g) amended by inserting the words "(if it has a seal)" after the words of s. 10.

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common seal" in the first line, and after the words "seal of the company" in the thirteenth line of said subsection; and by striking out the words "for Canada" in the fourteenth line thereof, and substituting therefor the words "for territory which includes the Province of British Columbia "; and by striking out the words "various Provinces of Canada" in the fifteenth and sixteenth lines of said subsection, and substituting therefor the words "such territory."

5. Section 14 of said chapter 113 is hereby amended by striking Amends s. 14. out all the words after the word "Superintendent" in the eleventh

line thereof, and substituting therefor the following:

"it will

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