xxxvi   DEPARTJIEVT OF FINANCE—INSURANCE BRA-VCH.

Chapter 88 of the Revised Statutes of Manitoba, amended by chapter 26 of the Statutes of 1895 above set forth, will be found at page lxxx of the report of the Superintendent of Insurance, issued in 1892, for the year, 1891.

5—BRITISH COLUMIIIA LEGISLATION.

The Insurance Policy Act (British Columbia) 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.

An Act to secure 1-niform Conditions in Policies of Fire Insurance. (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, 1593. "

2. Where, by reason of necessity, accident, or mistake, the conditions of any contract of tire insurance on property in this province. as to the proof to be given to the insurance company after the occurrence of a tire, have not been strictly complied with, or w here, 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 insured in writing that such statement or proof is objected to, and what are the 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 supplemental statement or proof (as the case may be) shall, in any of such cases, be allowed as a discharge of the liability of the company on such con-tract of insurance wherever entered into ; hut this section shall not apply where the tire has taken place before the coining into force of this Act.

3. The conditions set forth in the schedule of this Act shall, as against the insurers, be deemed to be part of every contract, whether sealed, written, or oral, of fire insurance hereafter entered into or renewed or otherwise in force in British Columbia with respect to any property therein, or in transit therefrom or thereto, and shall be printed on every policy of tire insurance, with the heading " Statutory Conditions."

4. If a company or other insurer desires to vary the said conditions, or to omit any of them, or to add new conditions, there shall be added on the policy in conspicuous type, and in ink of different colour, words to the following effect :

"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 British Colunnbia 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."

5. No such variation, addition or omission shall, unless the same is distinctly indicated and set forth in the manner or 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 insurers, 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.

6. In case a policy is entered into or renewed containing or including any condition other than or different from the conditions set forth in the schedule to this Act, and if the said 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 he null and void.

i. A decision of a court or a 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.

S. This Act shall not cone into force until a day to be named by the Lieutenant-Governor in Council, of which two calendar months' notice, at least, shall 1)e published in the British Columbia Greet' .