페이지 이미지
PDF
ePub

of partial loss the amount of compensation to be paid shall bear the same proportion to the total amount of insurance that the loss bears to the total amount of crop. 1901, c. 9, s. 10.

to arbitration

12. If any person is not satisfied with the appraisement of Submission the minister he may have the question of the amount of the loss or damage actually done to his crop by hail submitted to the arbitration of two persons one to be appointed by himself and one by the minister by notifying the minister of his dissatisfaction with such appraisement; and such notification shall be a submission under The Arbitration Ordinance and the provisions of the last mentioned Ordinance shall apply thereto. 1901, c. 9, s. 11.

arbitration

13. The costs of any award of arbitrators made under this Costs of Ordinance shall be paid out of the general revenue fund; but should the said award sustain the appraisement made by the minister of the loss or damage done the amount of the indemnity to be paid under the said appraisement shall be reduced by the sum of ten dollars.

(2) In cases where an arbitration is asked for upon an appraisement of no loss or damage having been done the notification required by the next preceding section shall be accompanied by the sum of ten dollars which sum shall be returned if the minister's appraisement is not sustained by the arbitrators.

PAYMENT OF EXPENSES AND LOSSES.

of minister

14. On the fifteenth day of October or as soon thereafter Statement as may be practicable the minister shall submit a statement to the Lieutenant Governor in Council setting forth:

(a) The expenditure made in the administration of this
Ordinance;

(b) An estimate of the propable amount of liabilities and
expenses to be incurred to complete the work of the

year;

(c) The amounts of the several claims as adjusted or
otherwise settled;

(d) The number of persons insured;

(e) The number of acres covered by insurance;

(f) The amount paid by applicants for insurance;

together with such further statement as may seem necessary to be made. 1901, c. 9, s. 12.

be paid out of

revenue

15 Where no legislative provision has been made for so Deficiency to doing or where any provision made proyes insufficient for the general purpose all liabilities incurred under the authority of this Ordinance may be paid out of the general revenue fund by warrant of the Lieutenant Governor directed to the Territorial Treasurer. 1901, c. 9, s. 13.

No company to carry on business of hail insurance

Repeal

16. After the coming into force of this Ordinance no company, association or society shall carry on the business of insurance against loss or injury to growing crops by hail. 1901, 9, s. 19.

C.

17. Chapter 9 of the Ordinances of 1901 intituled An Ordinance respecting Hail Insurance is hereby repealed.

FORM. A.

SCHEDULE.

No..

GOVERNMENT OF THE NORTH-WEST TERRITORIES.

TREASURY DEPARTMENT.

Application for Insurance against Loss or Injury by Hail under
The Hail Insurance Ordinance.

[blocks in formation]

DESCRIPTION OF AREA UPON WHICH CROP IS TO BE INSURED.

Wheat Oats Barley Flax Speltz

Section....Township.

No. of No. of No. of No. of No. of

R'ge..West... Meridian Acres Acres Acres Acres Acres

[blocks in formation]

Tenure of holding (whether as owner, or under homestead entry, contract to purchase, lease or otherwise)...

Interest of applicant in crops to be insured..

To whom indemnity is payable should loss occur

Total

In accordance with the provisions of The Hail Insurance Ordinance 1903 in that behalf I hereby make application for insurance against loss or injury caused by hail, and enclose herewith the sum of

being at the rate of.

..dollars and...

.cents .cents for each acre described above. I agree to all of the conditions prescribed by the said Ordinance; and I further agree that should any statement made or to be made by me in connection with this my application for insurance and any contract which may thereupon be entered into prove to be a misstatement such misstatement shall nullify such contract and I shall forfeit all claims under the said Ordi

nance.

I declare that no portion of the area described above has been injuriously affected this season by hail prior to the date of this application.

I further declare that the crop of wheat, oats, barley, flax and speltz or any of them set out and described in this application is all the crop of each of them respectively growing upon each quarter section or river lot mentioned in the application and in which I have any interest whatsoever.

[blocks in formation]

Short title

CHAPTER 111.

An Ordinance respecting the Voluntary Winding Up of Joint Stock Companies.

THE

(Chapter 13 of 1903, 1st session.)

HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows:

SHORT TITLE.

1. This Ordinance may be cited as "The Companies Winding Up Ordinance, 1903.1

Interpretation

Company

Court Power of judge

Contributory

Extraordinary resolution

Special resolution

INTERPRETATION.

2. Where the expressions following occur in this Ordinance they shall unless a contrary intention appears be construed as follows:

1. "Company" shall mean any company or association to which this Ordinance is applicable;

2. "Court" shall mean the Supreme Court of the North-West Territories, and any judge of the Court may at any time whether sitting in chambers or in court exercise all the powers conferred by this Ordinance upon the Court;

3. "Contributory" shall mean any person liable to contribute to the assets of a company under this Ordinance in the event of the same being wound up, and in all proceedings prior to the final determination of such persons any person alleged to be a contributory, and shall also include the personal representative or representatives of any such person;

4. "Extraordinary resolution" shall mean a resolution passed by a majority of not less than three-fourths of such members of the company for the time being entitled to vote as may be present in person, or by proxy in cases where by the Ordinance or charter or instrument of incorporation or the regulations of the company proxies are allowed, at any general meeting of which notice specifying the intention to propose such resolution has been duly given;

5. "Special resolution" shall mean a resolution passed in the manner necessary for an extraordinary resolution where the resolution after having been so passed as aforesaid has been confirmed by a majority of such members entitled according to the Ordinance, charter or instrument of incorporation or the regulations of the company to vote as may be present, in person or by proxy, at a subsequent general meeting of which

notice has been duly given and held at an interval of not less than fourteen days nor more than one month from the date of the meeting at which the resolution was first passed;

6. "Members" shall mean those persons only who for the time Members being are entitled to vote at general meetings of the company.

APPLICATION OF ORDINANCE.

Ordinance

3. This Ordinance shall apply to all incorporated companies Application of or associations incorporated by the Legislature of the Territories or under the authority of any Ordinance of the Territories.

WHEN COMPANIES MAY BE WOUND UP.

4. A company may be wound up under this Ordinance

companies

1. Where the period, if any, fixed for the duration of the When company by the Ordinance, charter or instrument of incorpora- may be wound tion has expired; or where the event, if any, has occurred upon up voluntarily the occurrence of which it is provided by the Ordinance or charter or instrument of incorporation that the company is to be dissolved and the company in general meeting has passed a resolution requiring the company to be wound up;

resolution

2. Where the company has passed a special resolution requir- On special ing the company to be wound up;

extraordinary

3. Where the company though it may be solvent as respects on creditors has passed an extraordinary resolution to the effect resolution that it has been proved to the satisfaction of the members thereof that the company cannot by reason of its liabilities continue its business and that it is advisable to wind up the

same.

order of the

5. Where no such resolution has been passed as mentioned When by in the next preceding section, the Court may, on the applica- Court tion of a contributory, make an order for winding up in case the Court is of opinion that it is just and equitable that the company should be wound up.

ment of

6. A winding up shall be deemed to commence at the time Commenceof the passing of the resolution authorising the winding up or winding up the making of the order directing the winding up as the case may be.

CONSEQUENCES OF COMMENCING TO WIND UP.

of commencing

7. The following consequences shall ensue upon the com-Consequences mencement of the winding up of a company under the authority to wind up of this Ordinance:

1. The company shall, from the date of the commencement of the winding up, cease to carry on its business, except in so far as may be required for the beneficial winding up thereof;

« 이전계속 »