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STATUTORY ENACTMENTS.   157

  1. That the Provincial Secretary, upon due proof by any such company of its possessing the qualifications in this Act specified, shall issue to such company a certificate setting forth that such company has qualified and is authorized for the ensuing year to do business under this Act, which said certificate shall be evidence of such qualification of such company and of its authorization to become and to he accepted as sole surety on all bonds, undertakings, recognizances and obligations required or permitted by law or the charter, ordinances, rules or regulations of any municipality, board, body. organization or public officer.

  2. That from and after the passage of this Act the surety or the representative of any surety, upon the bond of any trustee, committee, guardian, assignee, receiver, executor or administrator, or other fiduciary, may apply by petition to the court wherein said bond is directed to be filed or which may have jurisdiction of such trustee, connnittee, guardian, assignee, receiver, executor or administrator, praying to be relieved from further liability as such surety, for the acts or omissions of the trustee, connnittee, guardian, assignee, receiver, executor or administrator or other fiduciary, which may occur after the date of the order relieving such surety to be granted as herein provided for and to require such trustee, committee, guardian, assignee, receiver, executor or administrator, or other fiduciary to show cause why he should not account, and said surety be relieved from such further liability as aforesaid and said principal be required to give a new bond ; and thereupon, upon filing of said petition, said court shall issue such order returnable at such time and place and to be served in such a manner as said court shall direct, and may restrain in such trustee, committee, guardian, assignee, receiver, executor or administrator, or other fiduciary, from acting except in such manner as it may direct to preserve the trust estate ; and upon the return of such order to show cause if the principal in the bond account in due form of law and file a new bond duly approved, then said court must make an order releasing said surety, filing the petition as aforesaid, from liability upon the bond for any subsequent act or default of the principal ; and in default of said principal thus accounting and filing such new bond, said court shall make an order directing such trustee, committee, guardian, assignee. receiver, executor or administrator, or fiduciary, to account in due form of law within thirty days, and that if the trust fund or estate shall be found or made good and paid over or properly secured, such surety shall be discharged from any and all further liability as such for the subsequent acts or omissions of the trustee, eonrnittee, ,guardian, assignee, receiver, executor or administrator, or fiduciary, after the elate of such surety being so relieved or discharged, and discharging such trustee, eonunittee, guardian, assignee, receiver, executor or administrator or fiduciary.

  3. That ally receiver, assignee, guardian, trustee, committee, executor, administrator or curator or other fiduciary required by law, or the order of any court or judge, to give a bond or other obligation as such, may include as part of the lawful expense of executing his trust such reasonable suns paid a company authorized under the laws of this province so to do, for becoming his surety on such bond as may be allowed by the court in which, or a judge before whom, he is required to account, not exceeding one per centum per annum on the amount of such bond ; and in all actions and proceedings a party entitled to recover disbursements therein shall be allowed and may tax and recover such sum paid such a company for executing any bond, recognizance, undertaking, stipulation or other obligation therein, not exceeding, however, one per cent on the amount of the liability upon such bond, recognizance, undertaking, stipulation or other obligation during each year the same has been in force.

PROVINCE OF BRITISH COLUMBIA.
Time FIRE. IsscawccE POLICY ACT (BRIThH CoLUalnra) 1893.

 

 

Being chapter 12 of the Statutes of 1893, assented to 12th April, 1893, as amended by chapter 22 of the Statutes of 1895 (B.C.), assented to 21st February, 1895, and by chapter 20 of the Statutes of 1896 (B.C.), assented to 17th April, 1896.

An Act to secure Uniform Conditions in Policies of Fire Insurance.

(Assented to 12th April, 1893.)

Her 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 " Fire Insurance Policy Act, 1893."

  2. WW-here, by reason of necessity, accident, or mistake, the conditions of any contract of fire insurance on property in this province, as to the proof to be given to the insurance company after the occurrence of a fire, have not been strictly complied with, or where, after a statement or proof of loss has been given in good faith, by or on behalf of the assured in pursuance of any proviso or condition of such contract, the 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


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