. 
 
Wmm 
 
 \ iJ* 
 
 
CIRCULAR, 
 
 
 AND 
 
 ACT OF INCORPORATION 
 
 THE ONTARIO AND LIVINGSTON MUTUAL 
 INSURANCE COMPANY. 
 
 IRE LIBRARY OF THE 
 
 MAY 1* 1933 
 
 UNIVkBSlIY WF ItUNOIS. 
 
 ROCHESTER: 
 
 F.RASTUS SHEPARD, PRINTER. 
 
 1 8 4 3 . 
 

 OLIVER PHELPS, 
 SOLOMON C. FITCH, 
 HILAND B. HALL, 
 ENOCH A. HALL, . 
 
 President. 
 
 Vice President. 
 Treasurer. 
 
 . Secretary. 
 
 
 Oliver Phelps, Canandaigua. 
 Timothy Buell, Jr., E. Bloomfield. 
 Lodowick C. Fitch, W. Bloomfield. 
 
 Reynold Peck, do. 
 
 Charles Webb, do. 
 
 Stephen Hendee, do. 
 
 Jasper Peck, do. 
 
 Alexander Martin, Lima. 
 Samuel Spencer, “ 
 Constant Cook, Bath. 
 Leander Reddy, Penn Yan. 
 Josiah Wendell, Dansville. 
 Z. Barton Stout, Richmond. 
 
3U.I 
 
 CIRCULAR. 
 
 ir To Agent and 
 
 Surveyor of the Ontario and Livingston Mutual In- 
 surance Company. 
 
 „ Sir, 
 
 The Directors believe that too much has often been insured 
 /* - on buildings. Too much caution cannot be used in ascertaining 
 the value of property insured, particularly of buildings that have 
 been long built. 
 
 The sum insured should be considerably less than the cash value 
 of the property insured : thus leaving in the insured a powerful 
 ""^motive to guard it from destruction. 
 
 The Directors have determined not to insure, on any property, 
 «more than two-thirds of its present cash value ; and on hazardous 
 personal property, such as machinery, and articles subject to rapid 
 decrease in value by use or decay, not over one half of the cash 
 . value is to be insured. 
 
 You will use the utmost vigilance in guarding against any mis- 
 representation of the applicant, in relation to the value of the prop- 
 erty he wishes insured. In estimating the value of buildings, the 
 expense of cellars ought not to be taken into consideration. In no 
 case must any one risk exceed $6,000. And we wish not to take 
 ^ separate risks on buildings and their contents, when situated in vil- 
 lages, so contiguous to each other, that at any one fire, in all corn- 
 er mon probability, the Company would suffer a loss of over $6,000, 
 
 The survey , or description of the property to be insured, is of 
 the first importance. In all cases, the applicant should sign the 
 description of the property to be insured, and the application, as it 
 •ty forms an important part of the contract of insurance ; for which 
 
 *0 
 
 834952 
 
4 
 
 purpose the necessary blank forms, and this circular of instruc- 
 tions, will be furnished. 
 
 The description should be full, accurate , and explicit , and 
 should be in the language of the applicant, specifying, in the case 
 of a building, the materials of which it is composed, the length of 
 time it has been built, and the uses for which occupied ; particular 
 reference should be had to its exposure to fire from internal con- 
 struction ; the manner of warming it — if by stoves, whether there 
 be hearths to them, and the pipes close ; whether they pass a par- 
 tition, or the sides of the building, and the securities provided in 
 such places ; the vicinity of the building to other buildings ; the 
 materials of which they are built ; size, and manner of occupancy ; 
 and any and every thing important to its internal or external ex- 
 posure. Also, any peculiar securities against fire, and facilities for 
 extinguishing it — such as engines, water, and scuttle for ready ac- 
 cess to the roof of the building. The relative situation as to other 
 buildings requires your particular attention ; their exact distance, 
 when near enough to expose those insured, should, in no case , be 
 dispensed with. 
 
 As the Policy will usually contain only a general description of 
 the property insured, and refer to the application and survey for a 
 more particular description, the accuracy of the description therein 
 will prevent misunderstanding, and protect both the insured and 
 the Company against fraud. 
 
 When other buildings are contiguous to-the ones to be insured, a 
 plan of the buildings, with their relative situation and distances, 
 should be given on the back of the application. 
 
 Separate valuations of each building, and kind or species of 
 property to be insured, should be made ; and in all cases, the 
 amount to be insured on each should be mentioned in the applica- 
 tion, as specified in the form in this circular ; for instance, the 
 amount on goods, and on produce and grain, in separate valuations 
 — say $2,000 on goods, and $300 on grain and produce. 
 
 In case a house is connected to a barn by a long shed, or sheds, 
 whereby they are much exposed to be burned by each other, sepa- 
 rate valuations should be made, as one may burn and the other may 
 be saved. 
 
 As to the regulation of premiums , or rates , no schedule can be 
 
5 
 
 given, which will dispense with the exercise of a sound discretion 
 on your part. The classes of hazards furnished you contain the 
 rates of premium on several kinds of property and trades, subject 
 to the ordinary risks and exposures. But these are to be varied, 
 according to the increase of the risk attending the property in- 
 sured ; and the risk may be so unusually great, as^ to prevent an in- 
 surance at all. 
 
 The rates herewith are estimated without regard to collateral or 
 external danger : for example — a dwelling-house of brick, covered 
 with slate or metal, standing entirely alone, is rated at 5 per cent., 
 and barns at 6 per cent. But if the house and barn are so near as 
 to expose each other, they are both to be rated at 8 per cent. 
 Stores standing alone, without any other occupation, are rated at 
 8 per cent. ; and if other trades are carried on within, such as 
 tailors, shoemakers, or a lawyer’s office, it should be 9, 10, or 12 
 per cent., as the risk is increased. 
 
 It is impossible to establish any exact rules for increase of risk 
 by exposure from other buildings. Much must depend, after all 
 the directions that can be given, upon your own judgment, as to the 
 increase of premiums. Great care and caution are necessary. In 
 villages, nearness to a great supply of water, and an engine or en- 
 gines, and other apparatus, with an organized company for the ex- 
 tinguishment of fires, should be taken into consideration, in calcu- 
 lating the exposure from other buildings ; also, in all cases, the 
 prevailing course of winds. 
 
 If buildings are warmed by stoves, whether open or close, they 
 ought to have a hearth of iron, lead, or brick, under them, suf- 
 ficiently large to protect the floor from falling coals and embers. 
 The pipes should be uniformly well fitted and riveted together, 
 made close where they enter the chimney, and firmly braced up. 
 If the pipe pass a partition, it should be protected so as to keep it 
 from all danger of burning the wood work ; and there should not 
 be suffered, when the pipe passes into a chimney, to be a fire-board 
 in the fire-place underneath, unless lined with sheet iron or lead. 
 
 When the pipe goes out of the side of a building, it should be 
 protected as when passing a partition, and extend three feet from 
 the building, and should not have combustible materials under it, 
 1 * 
 
6 
 
 adjoining the building. Stoves should be raised from all commu- 
 nication directly with the floor. 
 
 In cases of alterations of buildings, a statement must be signed 
 by the insured, of the several alterations made, and forwarded 
 agreeably to the spirit of the by-law on that subject. 
 
 In case of assignments and transfers, you will tax the applicant 
 fifty cents, which you will forward to the Secretary ; and in cases of 
 alterations, where there is an increase of hazard, an additional note 
 must be given, 5 per cent, paid, and you will also tax 50 cents. In 
 these cases, they are all for the benefit of the applicant, and he 
 must pay ^ou for your agency extra. 
 
 In cases of incumbrance by mortgage, or where personal prop- 
 erty only is insured, you are in all cases to procure additional secu- 
 rity, and that which is good. When buildings are encumbered to 
 a large amount, insurance should not be taken in the name of the 
 mortgagor, unless the mortgagee sign the premium note, or give 
 his assent thereto in writing. And where the mortgagor and mort- 
 gageehave nearly an equal interest, both may join in an insurance 
 thereon. And in case the mortgagee has much the greatest inte- 
 rest, he may have an insurance in his own name. And in all cases 
 of mortgage, the whole amount of incumbrance should be particu- 
 larly stated, and to whom mortgaged. In case of property insured 
 where the owner lives out of the state, security within the state is 
 required to the note. 
 
 The agents and surveyors are instructed to examine all property 
 on which they receive applications for insurance ; and to close 
 their accounts with this office by payment quarterly. It is intended 
 that the insured shall risk one-third in value of the property in- 
 sured, in all cases. 
 
 When buildings are encumbered by mortgage, no more than two- 
 thirds of the applicant’s interest should be taken. 
 
 Agents should be very particular in stating the age of buildings, 
 their state of repair, and whether finished in an ordinary or supe- 
 rior manner. 
 
 Agents should instruct the applicant, that the language in the 
 application is deemed his own, and that he is bound to the truth of 
 whatever he puts his name, as mentioned in the application ; and 
 that, for the purposes of the application, they are to be considered 
 
7 
 
 his agents, and not the agents of the Company, When the agent 
 wishes to express his opinion, he can do it on the margin or back 
 of the application. If no person sleeps in the store, the Directors 
 will increase the rate of per cent., or not insure at all, as they may 
 deem proper, upon examination of the application. 
 
 The Directors will be pleased, at all times, to receive from you 
 any information which may be important or useful, in the opera-* 
 tions or regulations of this Company. It is requested that the ad- 
 vertisements furnished you should be posted up in public places, in 
 your vicinity. 
 
 The agent and surveyor receives for his services, on each appli- 
 cation, one dollar, to be paid by the applicant. 
 
 The Directors will also allow a fair compensation for services, 
 in cases of losses, when requested to examine the same. 
 
 The rates of premium you will find in the by-laws hereto at- 
 tached. Those rates may be increased two , three or jive per cent, 
 or more, as you believe the risk to be increased above one of the 
 safest kind, by any exposure whatsoever. 
 
 If any other species of property is insured than what comes 
 within the rates fixed in the by-laws, commonly denominated extra 
 hazardous , it must be by special rates, to be fixed by the Directors 
 on application therefor. Carding machines, and pickers, and arti- 
 cles of machinery to be insured, should be enumerated ; and sepa- 
 rate valuations, as far as is practicable. Also, a list, or general de- 
 scription of tools in shops, that the Directors may know what they 
 insure. 
 
 The Policy will be issued from the Secretary’s office, and will, in 
 all cases, unless otherwise directed by the applicant, be dated on 
 the day the application is made and duly approved, and take effect 
 at twelve o’clock at noon of the same day, although the Policy may 
 not be received by the insured for some time thereafter, as pro- 
 vided by one of the annexed by-laws. You need not number the 
 application or note. 
 
 We wish to have a uniformity in filling up applications, and 
 hereby give you an example of one filled up, as a guide, which may 
 be varied according to the nature, situation, and description of the 
 property insured : 
 
8 
 
 No. APPLICATION of in 
 
 the county of for Insurance against Fire by 
 
 the Ontario and Livingston Mutual Insurance Com- 
 pany, for the sum of Dollars : to wit, on 
 
 
 
 
 =3 
 
 ® A ° 
 
 
 o 
 
 Q 
 
 
 O 
 
 G 
 
 ^i!“- 
 
 Dwelling-house and Shed 
 attached, 
 
 
 Estimated value in cash, ex- 
 clusive of land, 
 
 
 S'S a 
 
 1 U 
 
 Household Furniture, 
 
 
 Estimated value, 
 
 
 > a- 3 s 
 
 Provisions and Produce 
 
 
 Estimated average value, 
 
 
 - - 2 50 ©P5 
 m a, 
 
 therein, 
 
 
 
 2 TS s — 9* 
 
 Barn and Shed adjoining, 
 
 
 Estimated value, exclusive 
 
 
 na © 'tj © a> 
 
 
 of land, 
 
 
 a n -a ^ 35 
 
 £ c ,H a 
 
 Produce therein, 
 
 
 Estimated average value, in 
 
 
 cs es © £ s _ 
 
 g jc ^ a 3 .2 
 
 Store, 
 
 
 winter, 
 
 Estimated eash value, exclu- 
 
 
 ••S <D S5* 2 a 
 
 2^2 | g 
 
 
 
 sive of land, 
 
 
 © © ~ 's G "a 
 
 Goods therein, 
 
 
 Estimated average value, 
 
 
 ,3 « © 
 
 -g BB Sa 
 
 Taverns and Boarding- 
 
 
 Estimated cash value, exclu- 
 
 
 'o it ’toe ** 8 
 
 houses, 
 
 
 sive of land. 
 
 
 « i a &s 3 
 
 Amount, 
 
 Rate at per cent. 5, 
 
 , 6, 8, 12, 15, 20, 25, 30, 40. 
 
 ” a n a 3 2 
 
 t- -h a " a s 
 
 ■£ -s © 2 a 
 
 o a © o © 
 
 ir • .z -a •-< bo 
 
 Amount of Premium note, ! 
 5 per cent, to be paid, 
 
 Where situated. 
 
 Situated in the town of 
 
 _ U <U C o © 
 
 2 3 a 
 
 2 22 o © p*** 
 
 ■5 .8*3 © &S 
 
 » « 5) C3 5) 
 5 ? jd a M Stts 
 
 2 _ ~ ~ .a es 
 
 S == o £-8 2 
 
 ■E ^ s ©“ a tj 
 
 £ to* 
 
 ^ s § 
 
 H cl, m <a © 
 W-S a 
 
 Of what materials, ) The house is built of wood.- 
 Whether new or old. £ The barn and shed of wood. 
 
 The house is one story high, 32 by 36 feet, with 
 wood-shed adjoining, 13 by 36 feet. 
 
 Size of buildings, number of \ Th e house contains two chimnies, 
 chnnmes, fire-places, and f c „ , , , . , 
 
 stoves, and for what occu- > four hre-places, and one stove, which 
 pied. )has a brick hearth under it. The pipe 
 
 enters the chimney in the kitchen, 15 inches from any wood work, 
 and well secured. The house is occupied as a dwelling-house. 
 
 Relative situation as to the other build- j The barn ; s four rods and 
 inffs, distance from each, rr less than r r c , . _ 
 
 ten rods, and for what purpose occu- / one i°°t L’om the east end oi 
 pied, and by whom. ) the wood-shed. It is 30 by 
 
 40 feet, with a shed extending east 40 by 16 feet. 
 
 The house is bounded west 24 feet by F. G.’s wheelwright shop, 
 built of wood, one story high, 18 by 24 feet ; north, by the road ; 
 east, 16 feet, by H. I.’s two-story dwelling-house, built of brick, 
 which house is connected south by a shed, 18 by 40 feet, to a barn, 
 28 by 34 feet, of wood ; south, by space ; and no other buildings 
 
9 
 
 within 10 rods of the house. The house and barn occupied by the 
 applicant as a dwelling. 
 
 Whether encumbered — by what amount, and to ) All free from incum 
 whom : and state the whole amount and value ( brance 
 of property — if not encumbered, say so. ' 
 
 By-Law. — Every person wishing to become a member of this 
 Company, shall, previous to being insured, deposit his application 
 and premium note with the Secretary of said Company, and, if 
 duly approved, the Policy shall bear date on the day the application 
 wa 3 made, and take effect at noon, unless directed by the applicant 
 to be dated on a future day. (Signed) A. B. 
 
 J. P. 
 
 FOR value received in POLICY No. dated the day of 
 18 issued by the Ontario and Livingston Mutual Insu- 
 rance Company, I promise to pay the said Company, or their Trea- 
 surer for the time being, the sum of in such portions, 
 
 and at such time or times, as the Directors of said Company, agree- 
 ably to their act of incorporation, require. 
 
 FORM OF ASSIGNMENT AND TRANSFER. 
 
 KNO W all men , by these presents , That the insured 
 
 in the within policy named, for and in consideration of 
 to paid by do assign and transfer unto the 
 
 said heirs and assigns, the within Policy of 
 
 Insurance, and all sums of money, interest, benefit, and advantage 
 whatsoever, now due, or which may hereafter arise by virtue here- 
 of, to have and to hold the same unto the said 
 heirs and assigns for ever. (Said real estate mentioned therein 
 having been mortgaged at the date of said Policy by said insured, to 
 said ) or (the insured having alienated and sold to the 
 
 said all his right and title in said real estate 
 
 mentioned in said Policy) (as the case may be.) 
 
 In witness whereof, the said hath hereunto set hand 
 
 and seal , this day of in the year 
 
 IN PRESENCE OF 
 
 The assignment being made on the back of the Policy, may be 
 sent (or a true copy, certified by the Agent and Surveyor) to the 
 Secretary, to be recorded or minuted ; and also a new note, or 
 written promise to pay residue of note, should in every case be 
 cent with it, or the assignment will not be confirmed. 
 
10 
 
 In cases where the property was mortgaged to the assignee at 
 the time the policy was issued, and the mortgagee then signed the 
 note, a new note need not be sent. 
 
 FORM OF SURRENDER. 
 
 WITH REQUEST TO CANCEL POLICY MADE ON THE BACK 
 THEREOF. 
 
 To the Directors of the Ontario and Livingston Mutual In- 
 surance Company : 
 
 Gentlemen, — Having alienated and sold out all my right, title, 
 and interest in and to the real estate (or personal property, or both, 
 as the case may be) insured by the within Policy, to 
 
 I hereby surrender the same, and request the Policy 
 may be canceled, agreeably to the Act and the By-Laws of said 
 Company. Given under my hand this day of 
 
 in the year 18 
 
 [certificate.] 
 
 1 hereby certify, that A. B. has sold his property insured in this 
 Policy, as by him above stated. 
 
 Agent and Surveyor. 
 
 Where Policy is mislaid, or not conveniently to be had, or a part 
 only is to be canceled, a writing as above may be sent, without the 
 Policy, and it will be canceled. 
 
 Where you send a copy of an assignment or statement of altera- 
 tions, or a request to cancel a Policy, in whole or in part, be careful 
 always to send the number of the Policy, as frequently the appli- 
 cant has more than one Policy. 
 
 We trust you will use your best exertions to explain the princi- 
 ples on which the Company is formed, and to advance its interests 
 in jour town and vicinity. 
 
 I am, respectfully, 
 
 Yours, &c., 
 
 Secretary , 
 
 Office of the Ontario and Livingston 
 Mutual Insurance Company, at 
 West Bloomfield. 
 
 18 
 
BY-LAWS. 
 
 Section 1. The officers of the Company shall consist of a Pres- 
 ident, Vice President^ Secretary, and Treasurer, who shall hold 
 their offices for one year, and until others are appointed. 
 
 Sec. 2. The Board of Directors shall hereafter be elected at the 
 Office of the Secretary, in the village of West Bloomfield, on the 
 first Wednesday of May in each year, at ten o’clock in the forenoon. 
 
 Sec. 3. It shall be the duty of the President to preside at all 
 meetings of the Board of Directors, sign all Policies of Insurance, 
 and exercise a general superintendence over the affairs of the Com- 
 pany ; and in his absence the Vice President shall possess the same 
 powers. 
 
 Sec. 4. The Secretary shall keep a record of the proceedings of 
 the Board of Directors ; shall preserve the premium notes and ap- 
 plications, shall keep a record of the Policies of Insurance ; shall 
 enter in a general index the name and residence of the insured, the 
 date of each Policy, the amount of insurance, and the premium 
 notes and the per cent, paid in ; shall receive the five per cent. , and 
 pay out of the same the incidental expenses of the Company ; 
 shall keep a file, duly labeled, of all alterations and surrenders ; 
 shall, at the end of every thirty days, pay over to the Treasurer all 
 balances of money in his hands, taking the Treasurer’s receipt 
 therefor ; and shall give a bond, with such sureties as the Directors 
 shall approve, in the penal sum of five thousand dollars, con- 
 ditioned for the faithful discharge of his duties as such Secretary. 
 
 He shall, when any loss happens, ascertain the amount of funds 
 over and above what is required for other purposes, and report the 
 same to the Directors. 
 
 Sec. 5. The Treasurer shall keep a book, in which shall be en- 
 tered the date and number of each Policy, the name and residence 
 of the insured, the amount of insurance, and the premium notes, 
 and the amount of each assessment made and collected upon the 
 said notes, and shall, whenever any assessment is made, collect 
 upon the said notes the amount of such assessment ; shall receive 
 from the Secretary all balances, and give his receipt for the same, 
 and as often as one hundred dollars shall accumulate in his hands, 
 shall deposite the same in such bank, or other institution, or make 
 such other disposition of it as the Board of Directors shall desig- 
 nate, and shall give a bond, with such sureties as the Directors may 
 require, in the penal sum of ten thousand dollars, for the faithful 
 discharge of his duties as such Treasurer. 
 
12 
 
 Sec. 6. The Directors shall appoint Agents and Surveyors, 
 whose duty it shall be to make surveys, and receive applications 
 for insurance. And each such Agent and Surveyor shall give a 
 bond, with such surety as shall be approved by the Directors, in the 
 sum of $600 dollars, or such sum not less than $600 as the Di- 
 rectors or Secretary shall require, and shall close his accounts by 
 payment at the close of each quarter. 
 
 Sec. 7. The Directors shall audit all accounts, up to the first of 
 April in each year, and report to each annual meeting the proceed- 
 ings of the previous year. 
 
 Sec. 8. It shall be the duty of the Secretary, upon the applica- 
 tion, in writing, of any three Directors, to call a special meeting of 
 the Board, at the Office of the Secretary, by a notice in writing to- 
 each Director. 
 
 Sec. 9. Buildings are divided into the following classes, and 
 the amount of premium notes required for their insurance will be 
 according to the rates annexed — to wit : 
 
 ls£ Class. Dwelling-houses of brick or stone, covered with slate 
 or metal, and unexposed, 5 per cent. 
 
 2 d Class. Like buildings, if exposed, 6 per cent. 
 
 3 d Class. Brick and wood houses, unexposed, 6 per cent. 
 
 4 th Class. Farm barns, unexposed, 6 per cent. 
 
 5 th Class. Brick and stone stores, covered with metal, 6 per 
 cent. 
 
 6th Class. Brick and wood stores, unexposed, 8 per cent. 
 
 7th Class. Tavern-houses, unexposed, 10 per cent. 
 
 Furniture, goods, books and plate, produce and stock, will be in- 
 sured at the same rates with the buildings in which they are con- 
 
 tained. 
 
 The following trades and merchandise are deemed hazardous, 
 
 id the rates of premium to be charged upon their insurance will 
 
 5 as follows — to wit : 
 
 Tanneries, - 
 
 from 15 to 30 
 
 per cent. 
 
 Hatters’ shops, 
 
 15 to 30 
 
 u 
 
 Grist mills, without smut machines, 
 
 - 12 to 16 
 
 it 
 
 Saw mills, - 
 
 Carpenters’ and joiners’ shops 
 
 15 to 25 
 
 u 
 
 30 
 
 a 
 
 Wheelwrights’ shops, 
 
 Coopers’ shops, 
 
 20 to 30 
 
 it 
 
 - 25 to 30 
 
 it 
 
 Blacksmiths’ shops, 
 
 20 to 40 
 
 It 
 
 Painters’ and chairmakers’ shops. 
 
 - 25 to 35 
 
 It 
 
 Clothing and card works, 
 
 30 to 35 
 
 %i 
 
 Oil mills, 
 
 30 
 
 it 
 
 Paper mills, 
 
 40 
 
 it 
 
 Books and stationery, - 
 
 - 10 to 15 
 
 It 
 
 Drugs, medicines, paints, and oils 
 
 * 15 to 30 
 
 it 
 
 Printing offices and bookbinderies, 
 
 - 15 to 25 
 
 “ 
 
13 
 
 Grist and flouring mills with smut machines, 16 to 25 per cent. 
 
 Bakeries, 15 to 25 “ 
 
 Cabinet makers, - 25 to 35 “ 
 
 Meeting houses, - - - * - 15 to 25 u 
 
 Colleges and seminaries, - - - 16 to 30 “ 
 
 Such buildings ahd goods or trades as are particularly extra haz- 
 ardous, may be excluded at the discretion of the Directors ; and 
 such classes as are not named, may be insured at such rates as a 
 majority of the Directors may determine after application is made. 
 
 If insurance be wanted on more than one building in the same 
 policy, the amount on each must be named ; also, the amount on 
 furniture, goods, grain, &c., must be separately named. In cases 
 where no permanent lien can be created, as on household furniture, 
 merchandise, &(*., the Directors may require an indemnity in lieu 
 thereof, by an approved surety on the premium note. 
 
 Not more than two-thirds of the estimated cash value of buildings 
 shall be insured by this company exclusive of foundation. 
 
 Sec. 10. Applications for insurance on such hazardous property 
 as is specified in the foregoing section, for all sums of $500 or less, 
 maybe approved by one Director; and over $500 to $1,500, by 
 three Directors ; and all over $1,500, by five Directors. 
 
 Sec. 11. Applications for insurance on property other than what 
 is referred to in the last preceding section, for sums not exceeding 
 in any one risk $2,000, shall be approved by one Director; over 
 that sum and not exceeding $6,000 in any one risk, by three Direc- 
 tors, before the Secretary shall issue any policy thereon. 
 
 Sec. 12. Every person wishing to become a member of this 
 Company, shall, previous to being insured, deposit his application 
 and premium note with the Secretary or Agent of said Company ; 
 and if approved, the policy shall bear date on that day, and take ef- 
 fect at noon, unless directed by the applicant to be dated on a future 
 day. 
 
 Five per cent, of the premium note shall be paid at the time of 
 making application, and one dollar to the Surveyor for his services, 
 and fifty cents to the Secretary for each policy by the person receiv- 
 ing it. 
 
 Sec. 13. Whenever any member of this Company shall alienate 
 or sell any house or building insured, he may surrender his policy ta 
 the Secretary, with a request signed by him to have the same can- 
 celed, and the Secretary shall enter the same of record, as cancel- 
 ed, to take effect the day the same shall be received by him. 
 
 And in case one building only is alienated or sold, where others 
 are contained in the same Policy, said Policy may be surrendered 
 as to that building only, and to take effect on the day it shall be re- 
 ceived by the Secretary. And the amount of premium on the said 
 building so sold, shall be endorsed, after thirty days from the day 
 of surrender, on said member’s premium note, or such portion 
 2 
 
14 
 
 thereof as shall not have been paid or expended. Provide d\ 
 farther , That whenever the grantee or alienee shall procure an asj 
 signment and transfer of a Policy , when he shall have purchase^ 
 the whole property insured, and shall, within thirty days from thd 
 day he purchases the same, forward the said Policy and assignment 
 to the Secretary, may have the same confirmed and ratified to him 
 and when said assignment shall be approved by a Director or the 
 Secretary, the Secretary shall record the same, and the confirmation 
 thereof, when said grantee or alienee shall have given satisfactory 
 security for the payment of the residue of the premium note given 
 for said Policy. 
 
 Whenever any member of this Company who has an insurance on 
 goods or other personal property only, shall, bona fide , alienate or 
 sell out said goods or other property, he may have the same privi- 
 lege of surrendering his Polity, and under the same regulations as 
 if his Policy was on buildings, and have the same canceled. And 
 when goods or other personal property are insured with buildings, 
 and the goods or any part thereof, are sold, said policy may be can- 
 celed as to that part only, under the same regulations as mentioned 
 in the preceding clause. 
 
 Whenever any alterations or additions, or change of occupants 
 shall be made to any buildings insured, application may be made to 
 the agent in the town or vicinity, who shall certify his opinion 
 whether the same increased the hazard or not, and forward the same 
 and a statement of said applicant, by him signed, to the Secretary; 
 and when approved, shall be filed by the Secretary. Provided that 
 whenever application is made for insurance on private dwelling 
 houses which are intended to be rented, the applicant, by stating in 
 his application his intention to rent the same as private dwellings, 
 and paying one per cent, inr^dition to the usual rate of premium, 
 shall not be required to notify the company of a change of occupants. 
 But in case the Agent shall judge that said alterations or additions 
 do increase the risk, then he shall say how much, and take an ad- 
 ditional note for such increased risk; and when approved, the Sec- 
 retary shall enter a minute thereof on the record of said Policy, and 
 forward to the insured a certificate thereof. 
 
 Whenever any one, hereafter insured, shall alienate conditionally 
 by mortgage, his policy shall be void. Unless he shall make a repre- 
 sentation thereof in writing to the Directors, stating the amount and 
 to whom mortgaged, who shall have power to give their assent to 
 said mortgage, or to cancel said policy, as they shall judge proper, 
 on examination of the same. 
 
 When buildings are mortgaged at the time they are insured, the 
 mortgagee may have the policy assigned to him, on his signing the 
 premium note, or giving security for the payment of the same ; and 
 any Director or the Secretary, when application shall be made to 
 him, shall be authorised, upon said applicant’s signing said note or 
 
15 
 
 giving security as aforesaid, to give the assent of the said Company 
 to said assignment, which assent and assignment, or a true certifi- 
 cate thereof, shall be forwarded to the Secretary, who shall enter 
 the same on the record of said policy. 
 
 It is hereby provided, that in case any building, goods, or other 
 property insured by said Company shall be burned or damaged, the 
 Directors may demand an additional security for the payment of the 
 deposite note given for the insurance of said property, by the insured 
 depositing w r ith the Treasurer the amount that shall remain unpaid 
 on said note, which deposite shall consist of a part of the insurance 
 money due said insured, to be retained by the Treasurer until the 
 expiration of the term of his policy, when the insured shall have the 
 right to demand and receive such part of said sum deposited, as has 
 not been expended in losses and assessments ; and it shall be the 
 duty of the Treasurer to pay the same after thirty days from the 
 expiration of his said policy. 
 
 All persons insured by this company, and sustaining loss or dam- 
 age by fire, are forthwith to give notice thereof to the Company, 
 and within thirty days after said loss, to deliver in a particular ac- 
 count of such loss or damage, signed with their own hands, and 
 verified by their oath or affirmation, or the oath or affirmation of 
 others, and also, if required, by their books of account and other 
 proper vouchers. They shall also declare on oath, whether any and 
 what other insurance has been made on the same property. If 
 there be any fraud or false swearing, the claimant shall forfeit all 
 claim by virtue of his policy. 
 
 Sec. 14. The President shall be allowed six cents for each pol- 
 icy signed by him. 
 
 The Secretary shall receive from each applicant for the use of the 
 company, upon each policy issued, fifty cents. 
 
 The Directors shall be allowed one dollar and fifty cents for each 
 day actually employed in the service of the Company, and six cents 
 per mile for each mile’s travel. 
 
 The agents and surveyors shall be allowed one dollar for each 
 application approved by the Directors, and for every certificate 
 made by them, required by the by-laws, fifty cents, to be paid by 
 the insured. 
 
 Sec. 15. The five per cent, paid in by the insured, which shall 
 be on hand after defraying the incidental expenses of the Company 
 when any loss shall occur, shall be applied towards the payment of 
 such loss. 
 
 Sec. 16. Notice of assessments shall be given by the Secretary, 
 by publication in one newspaper printed in each of the counties of 
 Ontario and Livingston, three weeks successively, the last publica- 
 tion of which shall not be less than thirty days prior to the time 
 fixed for their payment ; and in such other newspapers as the Di- 
 rectors may deem necessary or expedient. The Directors may also 
 
16 
 
 cause such notice to be published in handbills posted up in such 
 places as they may direct. 
 
 The Directors are authorised, in case of any loss or damage by 
 fire, to borrow such sum or sums of money as may be required to 
 meet such loss or damage ; and in making any assessment, the in- 
 terest accruing on money borrowed, and all incidental expenses, 
 shall be included in such assessment. 
 
 Sec. 17. The Company will make insurance for a term not less 
 than five years ; and the amount of the premium note or sum to be 
 deposited for the insurance of any building, shall be according to 
 the hazard of such building, or the danger to which it may be expo- 
 sed to loss or injury by fire ; taking into consideration the materials 
 of which ir is composed, the manner of its construction, the purpo- 
 ses for which it is used, its situation as to other buildings, and all 
 other circumstances affecting its risk. 
 
 Insurances shall not be made on hazardous property, to a greater 
 amount than four thousand dollars on ariy one risk ; nor to a greater 
 amount than six thousand dollars on any other property. 
 
 Sec. 13. Each deposit note shall be retained by the Secretary 
 thirty days after the expiration of the term of insurance named in 
 the policy for which it was given, and until the amount of all losses 
 and expenses which may have accrued during said term, shall have 
 been ascertained and paid. 
 
 Sec. 19. No Distilleries, Breweries, Asheries, Furnaces, or 
 any buildings occupied by soap-boilers or tallow-chandlers for carry- 
 ing on their trades, will be insured by this company. 
 
 Sec. 20. There shall be appointed, at the first meeting of the 
 Board of Directors after each annual election, a committee of three, 
 to be called the Committee on Claims, whose duty it shall be to 
 make investigations of all claims for losses, and report the same to 
 the Board. 
 
 Sec. 21. The Secretary shall receive an annual salary, to be 
 fixed by the Board of Directors at its first meeting succeeding each 
 annual election of Directors, which salary shall be in full for his ser- 
 vices as Secretary, including clerk hire, and shall not be changed 
 or altered during the year for which he shall be appointed. 
 
 Sec. 22. In all cases of insurance of hazardous property, consist- 
 ing of buildings where the sum insured shall exceed fifteen hundred 
 dollars it shall be the duty of the Secretary, whenever so directed 
 by five Directors, to cause a lien to be created on such buildings 
 and the land on which they stand, by filing the memorandum au- 
 thorised by the act of incorporation. 
 
 Sec. 23. Any building lighted by any chemical or camphene oil, 
 to be deemed extra hazardous, and to be rated three per cent, greater 
 than the ordinary rates of insurance, where the same is not used. 
 
AN ACT 
 
 TO INCORPORATE THE ONTARIO AND LIVINGSTON 
 MUTUAL INSURANCE COMPANY. 
 
 The People of the State of New- York, represented in Senate 
 and Assembly , do enact as follows : 
 
 Section 1. Asahel Warner, Melancton W. Brown, Hollom 
 Hutchinson, Reynold Peck, A. H. Fairchild, Aiiel Hendee, Joel 
 Pratt, and all other persons who may hereafter associate with them 
 in the manner prescribed, shall be a corporation by the name of 
 " The Ontario and Livingston Mutual Insurance Company,” for the 
 purpose of insuring their respective dwelling-houses, stores, shops, 
 and other buildings, household furniture, merchandise, and other 
 property, against loss or damage by fire. 
 
 §2. All persons who shall hereafter insure with the said corpo- 
 ration, and also their heirs, executors, administrators, and their as- 
 signs, continuing to be insured in said corporation as is hereinafter 
 provided, shall thereby become members thereof during the period 
 they shall remain insured by said corporation, and no longer. 
 
 §3. The affairs of said company shall be managed by a Board of 
 Directors, consisting of thirteen members, as hereinafter provided. 
 All vacancies happening in said Board, may be filled by the remain- 
 ing directors, for the remainder of the year for which they were 
 elected ; and a majority of the whole shall constitute a quorum for 
 the transaction of business. 
 
 §4. Asahel Warner, Augustus A. Bennett, Melancton W. Brown, 
 Henry Grout, Lodowick C. Fitch, Joel Pratt, Hiland B. Hall, Elias 
 De Wight, Hollom Hutchinson, Charles Colt, John Dickson, Wil- 
 liam T. Hosmer, and Z. Barton Stout, shall be the first directors of 
 said corporation, and shall continue in office one year after the pas- 
 sage of this act, and until others shall be chosen in their place ; 
 which board of directors shall hereafter be elected in each year, at 
 such time and place in the village of West Bloomfield, as the corpo- 
 ration in their by-laws shall appoint; of which election, public no- 
 tice shall be given in at least one of the public newspapers printed 
 in each of the said counties of Ontario and Livingston, at least 
 thirty days immediately preceding such election. Such election 
 shall be holden under the inspection of three members, not being 
 directors, to be appointed previous to every election, by the board 
 of directors ; and such election shall be made by ballot, and by a 
 plurality of the votes of the members or their proxies then present, 
 allowing to each member one vote for every hundred dollars insured 
 in the said company. 
 
18 
 
 §5. The directors may determine the rates of insurance, the sum 
 to be insured, and the sum to be deposited for any insurance. 
 
 §6. Every person who shall become a member of said corporation 
 by effecting 1 insurance therein, shall, before he receives his policy, 
 deposite his promissory note for such a sum of money as shall be 
 determined by the directors ; a part, not exceeding five per cent, of 
 said note shall be immediately paid ; and the remainder of said de- 
 posit note shall be payable, in part or the whole, at any time when 
 the directors shall deem the same requisite for the payment of losses 
 by fire, and such incidental expenses as shall be necessary for trans- 
 acting the business of said company ; and at the expiration of the 
 term of insurance, the said note, or such part of the same as shall 
 remain unpaid, after deducting all losses and expenses occurring 
 during said term, shall be relinquished and given up to the maker 
 thereof. And it shall be lawful for said corporation to loan such 
 portion of their money on hand as may not be immediately wanted 
 for the purposes of said corporation, to be secured by a mortgage on 
 unincumbered real estate of double the value of the sum loaned. 
 
 §7. When any property, insured with the said corporation, shall 
 be alienated by sale or otherwise, the policy shall thereupon be void 
 and be surrendered to the directors of said company, to be cancel- 
 ed ; and upon such surrender, the assured shall be entitled to re- 
 ceive his deposit notes, upon the payment of his proportion of all 
 losses and expenses that have accrued prior to such surrender ; but 
 the grantee or alienee, having the policy assigned to him, may have 
 the same ratified and confirmed to him for his own proper use and 
 benefit, upon application to the directors, and with their consent, 
 within thirty days next after such alienation, on giving proper secu- 
 rity to the satisfaction of said directors, for such portion of the de- 
 posit or premium note as shall remain unpaid ; and by such ratifi- 
 cation and confirmation, the party causing such security to be given, 
 shall be entitled to all the rights and privileges, and be subject to 
 all the liabilities, to which the original party to whom the policy 
 issued, was entitled and subjected under this act. 
 
 §8. Every member of said company shall be bound to pay for 
 losses and such necessary expenses as aforesaid , accruing in and to 
 said company, in proportion to the amount of his deposit note ; and 
 all buildings insured by said company, together with the right, title, 
 and interest of the assured to the lands on which they stand, shall 
 be and are hereby pledged to said company ; and said company 
 shall have a lien thereon in the nature of a mortgage, to the amount 
 of his deposit note, which shall continue during his policy; the lien 
 to take effect whenever the said company shall file with, and have 
 entered in the book of mortgages kept by the clerk of the county 
 where the property is situate, a memorandum of the name of the 
 individual insured, a description of the property, the amount of the 
 deposit note, and the term for which said policy shall continue. 
 
19 
 
 $9. Suits at law may be maintained by said corporation against 
 any of its members, for the collection of said deposit notes or any 
 assessment thereon, or for any other Cause relating to the business 
 of said corporation ; also suits at law may be prosecuted and main- 
 tained by any member against said corporation, for losses or dam- 
 age by fire, if payment is withheld more than three months after the 
 company are duly notified of such losses; and no member of the 
 corporation, not being in his individual capacity a party to such 
 suit, shall be incompetent as a witness in any such cause, on account 
 of his being a member of said company* 
 
 $10. The directors shall, after receiving notice of any loss or 
 damage by fire, sustained by any member, and ascertaining the same, 
 or after the rendition of any judgment as aforesaid, against said 
 company for loss or damage, settle and determine the sums to be 
 paid by the several members thereof, as their respective proportion 
 of such loss, and publish the same in such manner as they shall see 
 fit, or as the by-laws shall have prescribed 1 and the sum to be paid 
 by each member, shall always be in proportion to the original 
 amount of his deposit note or notes, and shall be paid to the treas- 
 urer within thirty days next after the publication of said notice. 
 And if any member shall, for the space of thirty days after the pub- 
 lication of said notice, neglect ot refuse to pay the sum assessed 
 upon him as his proportion of any loss as aforesaid, in such case the 
 directors may sue for and recover the whole amount of his deposit 
 note or notes, with costs of suit ; and the amount thus collected 
 shall remain in the treasury of said company, subject to the pay- 
 ment of such losses and expenses as have or may thereafter accrue ; 
 and the balance, if any remain, shall be returned to the party from 
 whom it was collected, on demand after thirty days from the expi- 
 ration of the term for which insurance Was made. 
 
 $11. If the whole amount of deposit notes should be insufficient 
 to pay the loss occasioned by any fire Or fires, in such case the suf- 
 ferers insured by said company, shall receive, towards making good 
 their respective losses, a proportionate dividend of the whole amount 
 of said notes, according to the sums by them respectively insured; 
 and in addition thereto, a sum to be assessed on all the members of 
 said company, on the same principles as regulated the amounts of 
 their respective deposit notes, but not exceeding one dollar on every 
 hundred dollars by them respectively insured ; and no member shall 
 ever be required to pay for any loss Occasioned by fire at any one 
 time, more than one dollar on every hundred dollars insured in said 
 company, in addition to the amount of his deposit note, nor more 
 ^ than that amount for any such loss after his said note shall have 
 been paid in and expended ; but any member, upon payment of the 
 whole of his deposit note, and surrendering his policy before any 
 subsequent loss or expense has occurred, may be discharged from 
 said company. 
 
20 
 
 §12. No policy shall be issued by 6aid company) until application 
 shall be made for insurance for fifty thousand dollars at least. 
 
 §13. The operations and business of the corporation shall be car* 
 ried on and conducted at such place in the Village of West Bloom- 
 field, as shall be designated by a majority of the directors present 
 at any regular meeting. 
 
 §14, This act shall continue in force twenty years ; and the cor- 
 poration shall be subject to the provisions of the eighteenth chapter 
 of the first part of the Revised Statutes, so far as the same are ap- 
 plicable. 
 
 §15. This act shall take effect immediately after its passage. 
 
 THE LIBRARY OF THE 
 MAY 
 
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