Company in any Court of Record in this Province, or in case the sum demanded shall not exceed ten pounds, then before any Justice of the Peace for the said County, such Justice to proceed in the manner directed in the Act for the more easy and speedy recovery of small debts.

18. The said Company shall in every street or road through which the said pipes shall be laid, make and provide proper vents and openings for supplying water whenever fires shall happen in the village known as the Bend of Petitcodiac, or in the vicinity thereof, and shall make such vents and openings in such places and at such distances from each other as the Firewards, or the majority of them, shall from time to time direct and appoint; provided always, that the said Firewards shall pay, as hereinafter provided, any additional expense that may be incurred by making and maintaining such vents and openings for supplying water in cases of fire.

19. It shall and may be lawful for the Justices of the Peace in and for the County of Westmorland, at any General Sessions of the Peace holden for the said County, in each and every year during the continuance of this Act, upon application of the Firewards, or a majority of them, to order an assessment to be made upon all stores, houses, out-houses, and buildings of every nature, kind, and description, fronting upon all streets, highways, roads, lanes, alleys, and wharves, wherein the said Company shall establish such vents and openings for supplying water for fires, at the discretion of the said Firewards, in proportion to the value thereof, for such sum or sums of money as may be agreed upon from time to time between the said Firewards and the said Company; which assessment, when so made, shall be paid by the owner or owners of the said buildings or wharves to the collector of rates for the said Parish, within ten days after notice thereof.

20. The said collector, upon receipt of the assessment list from the said assessors of rates, shall proceed forthwith to collect the said assessment from the persons therein rated, and shall within thirty days after receipt of said assessment pay over to the Secretary of the said Company all moneys collected on account thereof, with a true list of all delinquents; and in case of the neglect or refusal of the said collector to collect the said assessment, or make return thereof as herein

required, the said Company are hereby authorized and empowered to sue for and recover the amount of the said assessment in an action of debt against the said collector, before any Justice of the Peace for the said County.

21. In case of neglect or refusal of the owner or owners of the stores, houses, out-houses, buildings, and wharves, assessed under and by virtue of this Act, to pay the amount of such assessment within ten days after demand thereof by the said collector, the said Company are hereby authorized and empowered, upon return being made by the collector as required in the twentieth section of this Act, to sue for and recover in an action of debt against each of the said delinquents, before any Justice of the Peace of the said County, the amount for which he, she, or they were assessed.

22. If any action or suit shall be commenced against any person or persons for any thing that shall be done in pursuance of or by authority of this Act, in any such case the action or suit shall be commenced within three calendar months next after the fact committed, and not afterwards, and shall be laid and brought in the County of Westmorland, and the defendant or defendants in such suit, shall and may plead the general issue, and give this Act and the special matters in evidence at any trial to be had, and that the same was done in pursuance and by the authority of this Act; and if it shall appear so to be done, or that such action or actions have been brought after the time limited for bringing the same as aforesaid, or shall be brought in any other County or place, then the Judge before whom any such action or suit may be tried, shall direct a nonsuit to be entered against the said plaintiff or plaintiffs in any such action or suit as aforesaid.

23. That unless fifteen per cent. of the said capital stock shall be paid in for the purpose of this Corporation, and a certificate of such payment, signed and verified on oath by the Directors, or a majority of them, before any Justice of the Peace, shall be filed in the Office of the Secretary of the Province before the expiration of three years next after the passing of this Act, the operation of this Act shall cease, and the existence of this Corporation be terminated at the end of the said three years.

INSURANCE COMPANIES.

FIRE.

6th WILLIAM 4th-CHAPTER 55.

An Act to incorporate the Central Fire Insurance Company of New Brunswick.

31. Repealed.

14. On what may insure, and losses, how 32 Extent of insurances allowable.

settled.

15. Policies by Agents.

33. Limitation.

Passed 16th March 1836.

WHEREAS the great increase of wealth and combustible property in the Province for several years past renders an increase in the facilities for protecting the same expedient and necessary;

Be it therefore enacted, &c.-1. Amasa Coy, John M. Wilmot, Joseph Gaynor, Nehemiah Meritt, Jeremiah M. Connell, Thomas C. Everitt, Thomas T. Smith, Henry George Clopper, Charles D. Everitt, John Simpson, Francis E. Beckwith, Asa Coy, Justin Spahnn, H. Fisher, Junior, Henry Blakslee, George Sears, John T. Smith, Charles Connell, Junior, Charles Perley, Robert Chestnut, William D. Hartt, Thomas Leavitt, Lemuel A. Wilmot, and Charles Fisher, their associates, successors, or assigns, be and they are hereby declared to be a body politic and corporate, by the name of "The Central Fire Insurance Company of New Brunswick," and they shall be persons able and capable in law to have, get, receive, take, possess, and enjoy houses, lands, tenements, hereditaments, rents, in fee simple or otherwise, and also goods and chattels, and all other things real, personal, or mixed, and also to give, grant, convey, let, or assign the same, or any part thereof, in any legal method

or manner, and to do and execute all other things in and about the same as they shall think advisable and necessary for the benefit and advantage of the said Corporation; and also that they be persons able and in law capable to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in any Court or Courts of law or equity, or in any other place or places whatsoever, in all and all manner of actions, suits, complaints, demands, pleas, causes, and matters whatsoever, in as full and ample a manner to all intents and purposes as any other person or persons are in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto; and also that they have one common seal to serve for the ensealing of all and singular their grants, deeds, conveyances, contracts, bonds, articles of agreement, assignments, powers, warrants of attorney, and all and singular their affairs and things touching and concerning the said Corporation.

2. The capital or joint stock of the said Corporation shall consist of the sum of fifty thousand pounds current money of the Province, to be paid according to the legal value thereof, at the several times of the payment of the same; ten thousand pounds, being the one fifth part thereof, to be paid within six months after the passing of this Act, and the remaining four fifths, or forty thousand pounds, to be paid at such time or times and in such parts or portions as the Directors for the time being, or a majority of them, shall from time to time think necessary; the whole amount of such capital or stock to be divided into shares of ten pounds each, making in the whole five thousand shares.

3. All the subscribers for stock or shares in the said Corporation shall, previous to the day of the election of Directors, pay into the hands of such person or persons as the persons incorporated by the first Section of this Act, or the major part of them, or in case of the death of any of them, or the major part of the survivors may direct, a deposit of not less than two per cent. not exceeding five per cent. upon the amount of capital or stock of the said Corporation for which they have subscribed, due notice being given at the time of the notice calling the first meeting of the members and stockholders of the Corporation, of the time or several periods of time when,

of the place and places where, and person or persons to whom the said deposit shall be paid; and the said deposit shall be taken and allowed to every subscriber who shall pay it, as part and out of the first twenty per cent. of the capital stock required to be paid in, under and by virtue of this Act; and every subscriber who shall neglect or refuse to pay in the said deposit, shall for every share he shall neglect or refuse to pay in, be deemed a defaulter, and the said share or shares shall be forfeited to the Corporation; and no subscriber shall, upon any pretence whatever, vote at the first meeting for the choice of Directors upon any share or shares he has not paid the said deposit.

4. Every stockholder or subscriber shall pay into the hands of the Directors for the time being, or into the hands of such person or persons, or into the Cashier or Cashiers, Treasurer or Treasurers of such body corporate or bodies corporate, as the Directors or a majority of them shall appoint, within the aforesaid six months, one fifth part or twenty per centum on the whole amount of his or her share or shares, including the deposit mentioned in the third Section of this Act, and shall give to the President and Directors hereinafter mentioned, good and sufficient security or securities, either by bond and mortgage on real estate, or by bond with two or more good and sufficient sureties, [the words here omitted are repealed by 4 V. c. 41, s. 1,] to the satisfaction of the said President and Directors for the time being, which securities shall be made and taken, and kept and continued from time to time, to the satisfaction of such persons as the Lieutenant Governor or Commander in Chief for the time being, by and with the advice of the Executive Council, shall appoint to examine and report upon the funds and securities of the said Company, that the residue of the whole amount of his or her share or shares shall be paid from time to time, and in such parts or portions. as to them the said President and Directors shall seem advisable; provided that the amount so to be called in shall not at any one time exceed twenty per centum on the whole amount of capital or stock belonging to any individual, and not less than fifty days notice of such payment being required shall be given in one or more of the Newspapers published in this Province; provided always, that the said Corporation shall