(1) those which, being born under the Act, Walt Disney

the obligation as to making e

76

wing of th

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Deposit: (2) those which, established in the United Kingdom

subsequently to the passing of the Act, duly made in the Clerical

Deposit, which shall remain under the control of the Court:

(3) those which, having once made the Deposit, apparently withdrew

the same, under the conditions of § 3 of the Act of 1870, upon

satisfying the Court that their Life Assurance fund committed to at

least 240,000. It would seem that no distinction should be drawn-

for (reason of the Antinous, by Lyra)

there three

offensive plan would

Companies : and the simplest and most

to be to provide that the provisions of this Ordinance shall

apply to all Companies operating or registered in the

Colony, whether they have made a Deposit, or Return, under the

British Act, or not. So far as I have been able to see, the

provisions of the several Life Assurance Companies

Acts apply to all Companies appearing to be part

whether they are subject to the provisions of the Imperial Act

of 1870, or not.

( ) As to Section 21. Providing Special Test of Insolvency,

that the

I am of opinion that the objections and criticisms made against

this Section are well founded. It has not, I think, been sufficiently

appreciated, by the draughtsmen of the Ordinance, provisions of the Life Assurance Companies Act, on which it is generally based, do not, in the common form § 21 of the Act of 1870, and in § 5 of the amending Act of 1876 provide any such test of solvency as that now proposed : and that, the rule for valuing

applies,

set out in the First Schedule of the 1870 Act, is apparently only to be applied, under the Second Schedule of that Act, in order to determine, not the position of the Company

generally as to solvency, but the individual rights of Policy-holders inter se, in the case of a Company which is in course of

being wound up.

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