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 prac-
ticable, to produce books of account, warehouse
receipts and stock lists, and furnish invoices and
other vouchers; to furnish copies of the written
portion of all policies; to separate as far as reason-
ably may be the damaged from the undamaged
goods, and to exhibit for examination all that
remains of the property which was covered by the
policy;

(e) He is to produce, if required, a certificate under the
hand of a magistrate, notary public, commissioner
for taking affidavits, or municipal clerk, 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 circum-
stances attending the fire, loss or damage alleged,
that he is acquainted with the character and cir-
cumstances 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.

may be made

14. The above proofs of loss may be made by the agent of Proof of loss the assured, in case of the absence or inability of the assured by agent. himself to make the same, such absence or inability being satisfactorily accounted for.

ment or fraud

15. Any fraud or false statement in a statutory declaration, False statein relation to any of the above particulars, shall vitiate the vitiates claim. claim.

differences.

16. If any difference arises as to the value of the property Arbitration insured, of the property saved, or of amount of the loss, such in case of 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 on their failing to agree, then by the County Judge of the county wherein the loss has happened; and such reference shall be subject to the provisions of The Rev. Stat. Arbitration Act; and the award shall, if the company is in c. 62. 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.

Loss when payable.

Company may replace, in

17. The loss shall not be payable until sixty days after the completion of the proofs of loss, unless otherwise provided for by the contract of insurance.

18. The company, instead of making payment, may repair, stead of pay rebuild or replace, within a reasonable time, the property damaged or lost, giving notice of their intention within fifteen days after receipt of the proofs herein required.

ing.

Insurance

terminable on notice.

Waiver of condition.

Officers assuming to

ing to be

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 having an agency in Ontario by registered letter addressed to the assured at his last post-office address notified to the company, or where no address notified, then to the postoffice of the agency from which the application was received; and where such notice is by letter, then seven days from the arrival at any post-office in Ontario shall be deemed good notice: And the policy shall cease after such tender and notice aforesaid, and the expiration of the five or seven days, as the case may be.

(a) The insurance, if for cash, may also be terminated by the assured by giving written notice to that effect to the company or its authorized agent, in which case the company may retain the customary short rate for the time the insurance has been in force, and shall repay to the assured the balance of the premium paid.

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. An officer or agent of the company, who assumes on agree in writ- 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.

deemed

agents.

Actions to be brought within one year.

What constitutes written notice.

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 Ontario, 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. 60 V., c. 36, s. 168.

how indicated.

169. If the insurer desires to vary the said conditions, or to Variations omit any of them, or to add new conditions, there shall be added on the instrument of contract containing the printed statutory conditions words to the following effect, printed in conspicuous type and in ink of a different colour.

Variations in Conditions.

This policy is issued on the above Statutory Conditions with the following variations and additions:

"These variations (or as the case may be) are, by virtue of the Ontario Statute in that behalf, in force so far as, by the Court or Judge before whom a question is tried relating thereto, they shall be held to be just and reasonable to be exacted by the company." 60 V., c. 36, s. 169.

indicated.

170. No such variation, addition or omission, shall, unless Variations not binding unless the same is distinctly indicated and set forth in the manner or clearly to the effect aforesaid, be legal and binding on the assured; and no question shall be considered as to whether any such variation, addition or omission is, under the circumstances, just and reasonable, but on the contrary, the policy shall, as against the assurer, be subject to the statutory conditions only, unless the variations, additions or omissions are distinctly indicated and set forth in the manner or to the effect aforesaid.

insurers to pay

Provided it shall be optional with the insurers to pay or Optional with allow claims which are void under the 3rd, the 4th, or the 8th claims void Statutory Condition, in case the insurers think fit to waive the under certain objections mentioned in the said conditions. 60 V., c. 36, s. 170. conditions.

statutory

taining other

171. In case a policy is entered into or renewed containing Policy conor including any condition other than or different from the than statutory conditions set forth in section 168 of this Act, if the said conditions. condition so contained or included is held, by the Court or Judge, before whom a question relating thereto is tried, to be not just and reasonable, such condition shall be null and void. 60 V., c. 36, s. 171.

of loss not

accident, etc.,

thereto, or

grounds than

172.-(1) Where, by reason of necessity, accident or mistake, If due proof the conditions of any contract of fire insurance on property in given through this Province as to the proof to be given to the insurance or objection company, after the occurrence of a fire have not been strictly not made complied with; or where after a statement or proof of loss made on other has been given in good faith by or on behalf of the assured, non-compli in pursuance of any proviso or condition of such contract, the ance with company, through its agent or otherwise, objects to the loss upon other grounds than for imperfect compliance with such conditions or does not within a reasonable time after receiving such statement or proof notify the assured in writing that such statement or proof is objected to, and what are the

conditions;

or, if full compliance adjudged inequitable.

particulars in which the same is alleged to be defective, and so from time to time; or where, for any other reason, the Court or Judge before whom a question relating to such insurance is tried or inquired into, considers it inequitable that the insurance should be deemed void or forfeited by reason of imperfect compliance with such conditions-no objection to the sufficiency of such statement or proof or amended or supplecases liability mental statement or proof (as the case may be) shall, in of such cases be allowed as a discharge of the liability of the company on such contract of insurance wherever entered into.

In above

and policy not vacated.

Allowance for costs occasioned by default of plaintiff.

Decisions under Act subject to

ordinary right of appeal.

any

(2) If in any action or proceeding upon a contract of fire insurance, the assured, being plaintiff in such action or proceeding, has in the opinion of the Court or Judge, wilfully neglected or unreasonably refused to furnish necessary information respecting the property for which the insurance money is claimed, and if as a consequence of such neglect or refusal the defendant company has been at expense in obtaining information or evidence, the Court or Judge may, in disposing of costs, take into consideration the expense so incurred by the defendant company. 60 V., c. 36, s. 172.

173. A decision of a Court or Judge under this Act shall be subject to review or appeal to the same extent as a decision by such Court or Judge in other cases. 60 V., c. 36, s. 173.

LOAN CORPORATIONS.

R. S. O. 1897, CAP. 205.

An Act respecting Building Societies and other Loan

H

Corporations.

ER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,

enacts as follows:

1. This Act may be cited as "The Loan Corporations Act." Short title. 60 V., c. 38, s. 1.

POWER TO LEND ON AND PURCHASE AND SELL CERTAIN

SECURITIES.

certain securities.

17-(1) A registered loan corporation may from time to May lend on time lend and advance money by way of loan or otherwise for such periods as it deems expedient on the security of real estate, or of the public securities of Canada, or of any of the Provinces thereof, or on the security of terminating debentures of any municipal or public school corporation, or of the terminating R. S. O. 1887, debentures of any society or company incorporated under the c. 169. Revised Statute respecting Building Societies; or of terminating debentures or debenture stock of any society or company in which under the law of the Province trustees may invest trust funds; or may out of the funds appropriated to terminating shares (if any), lend on the security of the terminating shares of the corporation itself:

Provided that in the case of corporations heretofore so Proviso. authorized it shall (except as provided in section 19) be lawful to invest in and lend upon land or upon securities other than in this section mentioned.

necessary to

(2) The corporation may do all acts that are necessary for May do acts advancing such sums of money, and for receiving and obtain- such loans and ing repayment thereof, and for compelling the payment of all may exercise interest accruing from such sums so advanced, and the observance and fulfilment of any conditions annexed to such advance,

remedies.