Office of the undersigned (Prothonotary or Clerk, as may be), of (here designate in full the Court), a Declaration signed by (here give the names, address, and calling of each signer), and duly certified to have been filed and registered in (here designate each Registry Office wherein such filing and Registration is certified to have taken place).

day of

Also, that on the application will be made to such Court for a Decree to incorporate such signers, for the purpose of (here state the object of the Company), by the name of ; on which day all parties, claiming to oppose such Decree, are hereby notified to appear before such Court, as by the said Act is provided.

Dated at my said office, this

day of

A. B.,

Prothonotary, (or Clerk, as may be.)

SCHEDULE B.

Public notice is hereby given, that under The Joint Stock Companies' Judicial Incorporation Act, there has been this day filed in the Office of the undersigned, Provincial Secretary, an authentic copy of a Decree, granted by (here designate the Court), on the , to incorporate (here insert the name of the Company), and also of the Declaration whereon the same is based.

day of

Dated at my said office, this

day of

B. C., Provincial Secretary.

SCHEDULE C.

Public notice is hereby given, that under The Joint Stock Companies' Judicial Incorporation Act, there has been this day filed in the Office of the undersigned, Provincial Secretary, an authentic copy of a certain By-law and Declaration, for increasing the Capital Stock of (here name the Company), and also an Order granted by (here designate the Court), on the allowing the same.

day of

Dated at my said office, this

day of

B. C., Provincial Secretary.

САР.

CAP. XXXII.

An Act to extend to Parish and Township Municipalities the Acts authorizing the establishment of Joint Stock Gas and Water Companies.

W

[Assented to 19th May, 1860.]

HEREAS it is expedient to give increased facility for the establishment of incorporated Joint Stock Gas and Water Companies, and to declare valid the formation of such companies as have been organized within the limits of certain parish, township or other municipalities, to which the above mentioned Acts do not apply: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

Preamble.

to certain

1. The Act forming the sixty-fifth chapter of the Consolidated Cap. 65 of Con. Statutes of Canada, and all and every the provisions of the Stat. of Casaid Act, shall extend and apply and shall be deemed to have nada to apply extended and applied, to parish and township corporations, and local munici to all other municipal corporations which are not included in palities. the provisions of the said Act, in the same manner as if the said corporations had been therein specially mentioned.

palities, before

2. All companies organized within the limits of any parish, Companies ortownship, or other municipality, in conformity with the provi- ganized in sions of the Act mentioned in the preceding section, (or before such municithe coming into force of the said Consolidated Statutes under the passing of the provisions of the Acts sixteenth Victoria, chapter one hundred this Act, leand seventy-three, and eighteenth Victoria, chapter ninety- galized. four,) for the purpose of supplying such municipality or any portion thereof with gas and water, are hereby declared to have been legally organized; and all proceedings of such companies as well as all by-laws, proceedings and acts of the councils of such parish, township or other municipalities, and of their officers, and all other proceedings had in virtue of the chapter of the Consolidated Statutes or of the Acts hereinbefore mentioned, for the purpose of establishing such companies, shall be deemed valid and shall have the same force and effect as if such companies had been formed within the limits of municipalities specially included in the provisions of the said Chapter or Acts.

the said Act

may be given

3. Any notice required by the said Chapter to be given by any How notices Company formed under it, in a newspaper printed in the city, required by town or village where the operations of the company are carried on, may, in any case where there is no newspaper so in places printed, be given by posting up such notice on the door of the where there is church or churches, or other place or places of public Worship, or if there be no church, then at the most public place, in the municipality in which the operations of the company are to be

6

carried

no newspaper.

How reports

shall be published in such

case.

Error in the

of the said

carried on and by publicly reading the notice at such place,and in Lower Canada such notice shall be so posted and read in the English and in the French languages ;-and any report required to be published of any such company in a newspaper printed as aforesaid, may, if there be none so printed, be published in a newspaper printed in some adjoining county or district;-such notice being so given as that the proper delay shall intervene between the publication and the doing of the thing to which the notice relates, and such report being published at the time required by the said Chapter of the Consolidated Statutes.

4. And whereas there is an error in the French version of french version the fiftieth section of the said chapter of the Consolidated StaAct corrected. tutes, the English version whereof is correct,--therefore the French version of the said section shall be amended in the manner mentioned in the French version of this section so as to make it correspond with the English version.

Preamble.

Foreign Fire Insurance Companies must be li

censed by the

Finance Minister.

Security to be given by any Company before such license can be granted to it.

CAP. XXXIII.

An Act in relation to Fire Insurance Companies not incorporated within the limits of this Province.

[Assented to 19th May, 1860.]

ER Majesty, by and with the advice and consent of the
Legislative Council and Assembly of Canada, enacts as

follows:

1. It shall not be lawful for any Fire Insurance Company, not incorporated by any Statute of this Province, or of either of the late Provinces of Upper or Lower Canada, to take any risk or transact any business of Insurance of any description within this Province, without first obtaining a license from the Minister of Finance of this Province to carry on such business.

2. The Minister of Finance of this Province shall issue such license as aforesaid as soon as he shall be furnished with satisfactory evidence that the Company or agent, applying for such license, has either invested in Provincial Government Debentures, chargeable on the general revenue, or in the Consolidated Municipal Loan Fund, or in the stocks of one or more of the Chartered Banks of this Province, the sum of fifty thousand dollars, together with a statement, to be filed of record in the office of the said Minister of Finance, shewing how the said sum of fifty thousand dollars is made up, which statement shall be verified by the oath of the Agent of the Company applying for such license, and shall be accompanied by a certificate from the Manager or Chief Officer of some chartered Bank or Banks of this Province, stating that such securities as aforesaid, with the amount thereof, are deposited by such Company in such

Bank

Bank or Banks, or are invested in the stock thereof, or that the agent or person, applying for such license, shall have given security by the actual investment or deposit of ten thousand dollars in like stocks or securities, that the Company for which the license is sought will retain seventy-five per cent of all premiums to be received or risks effected within this Province. until such percentage shall, with the said sum of ten thousand dollars, amount to the like sum of fifty thousand dollars, and such deposit and security of ten thousand dollars shall be liable to be and be forfeited to Her Majesty on the breach, by the Company or Agent, of any of the conditions hereinafter required to be performed.

3. The agent of every Company, which may not have depo- Returns to be sited the said sum of fifty thousand dollars, shall send in yearly, made by within thirty days after the first day of January, of each agents of year, Companies returns as hereinafter provided, under oath, of the amount of which have premiums received by him or risks effected in this Province, not deposited the $50,000 and after deducting twenty-five per cent therefrom, and the net amount of losses actually paid, shall, with such statement, section 2. deposit and invest, as provided in the second clause of this Act, the balance of such premiums, until the amount thereof, together with the sum of ten thousand dollars, shall be equal to the sum of fifty thousand dollars.

mentioned in

Finance Mi

Conditions of

granting war

4. It shall not be lawful for any Company, obtaining such Investments license as aforesaid, to withdraw such deposits or investments forming the from the Bank or Banks where the same have been placed, to be withsecurity not without a warrant from the Minister of Finance for that purpose; drawn withand no such Bank or Banks shall permit the withdrawal of such out warrant of deposits or investments without the production of such warrant ; nor shall the Minister of Finance issue such warrant until fifteen months after the day on which the Company may have given notice that they have ceased to carry on business in this rant. Province, and in case of the insolvency of any such Company, Application of the sum, so deposited as aforesaid, shall be applied pro rata deposit in case towards the payment of all claims duly authenticated against of insolvency such Company alike as to losses and premiums on risks of Company. unexpired, or on Policies issued in this Province, such Com- Evidence of pany being deemed insolvent upon failure to pay undisputed insolvency. losses insured against within this Province for the space of Ninety days after being due, or for Ninety days after final judgment; and the distribution of the deposits or investments may, if applied for in Upper Canada, be made by order in chancery, or, if applied for in Lower Canada, may be made by allotment or execution by Judgment or order of distribution in due form of law.

5. Every Insurance Company obtaining such license as Company, obaforesaid shall, before the transaction of any business of In- taininglicense, surance, file, in the office of either of the Superior Courts of to file a copy Law or Equity in Upper Canada, if having its chief Agency ter in Canada, in and where;

6*

of their Char

in Upper Canada, or if the chief Agency be in Lower Canada, with the Prothonotary of the Superior Court of the District wherein such chief Agency is established, a certified copy of the Charter, Act of Incorporation or Articles of Association of such And a power Company, and also a Power of Attorney to the principal Agent of Attorney to or Manager of such Company in this Province, under the seal their agent to receive service of such Company, signed by the President and Secretary of process on thereof, and verified as to its authenticity by the oath of the the Company principal Agent or Manager of such Company in this Province,

Proof of such Charter and power of Attorney.

Execution

money.

which Power of Attorney must expressly authorize such Agent, Manager or Sub-Agent, so far as respects risks taken by such sub-agent, to receive process in all suits and proceedings against such Company in this Province for any liabilities incurred by such Company herein, and must declare that service of process on such Agent or Manager, or Sub-Agent, for such liabilities, shall be legal and binding on such Company to all intents and purposes whatever, and waiving all claims of error by reason. of such service.

6. After such certified copy of the Charter and such Power of Attorney are filed as aforesaid, any process in any suit or proceeding against such Company, for any liability incurred in this Province, may be served upon such Manager, Agent or Sub-Agent, in the same manner as process may be served upon the proper officer of any Company incorporated in this Province, and all proceedings may be had thereupon to judgment and execution in the same manner and with the same force and effect as in proceedings in any civil suit in this Province.

7. On any judgment recovered against any such Insurance against any Company, execution may be levied upon such deposit or inmay be levied vestment made by such Insurance Company as aforesaid, and on its deposit if the amount of such judgment be not paid within thirty days after such deposit or investment is seized on execution, or the amount of such deposit or investment shall be reduced by the sale of any portion thereof on execution, such Insurance Company shall cease to transact any business of Insurance, and the license therefor shall be withdrawn and returned to the Minister of Finance until such judgment be paid, or such deposit or investment restored to the amount of fifty thousand dollars; and such affidavit and certificate shall be required for the renewal of such license as are required for obtaining an original license.

Notice to be

taining a license.

8. Every Insurance Company obtaining such license as published by a aforesaid shall forthwith give due notice thereof in the Of Company ob- ficial Gazette, and in at least one newspaper in the County, City or place where the principal Manager, Agent or SubAgent of such Company transacts the business thereof, and shall continue the publication thereof for the space of one. calendar month, and the like notice shall be given when such Insurance Company shall cease or notify that they cease to carry on business within the Province.