xlvi   I'llESTY-XLVTH ANNUAL REPORT OF THE

ciation has been incorporated since May 6, 1887, the date of the passage of the amendatory act.

In one of the twenty-three applications referred to, a test case was brought in the Supreme Court, to compel the Superintendent, by mandamus, to issue the final certificate of authority. The application for a mandamus was made by the proposed incorporators of the National Temperance Assurance Association. Their papers had been in all respects completed in conformity to the old statute and had received the approval of the Attorney-General. The only thing remaining to be done to perfect the incorporation was the issuing of the final certificate. After very full argument of the case by counsel representing the application and the Department, respectively, the court denied the motion for a mandamus, on the ground that immediately upon the passage of the amendatory act all authority for the Superintendent to issue the final certificate, except on papers complying with the new provisions, had ceased.

Seventeen assessment associations, which reported to this Department for the year ending December 31, 1886, have failed to report for the year ending December 31, 1887.

Notwithstanding this fact, and the fact that no new association has been incorporated since the passage of the amendatory act, it happens that the whole number of such associations reporting to the Department this year is the same as the number reporting last year, namely, one hundred and seventy-one.

This is accounted for by the fact that early in the year 1887, before the passage of the new act, a number of new associations were incorporated under the old