The Republican journal., 1905-03-30

of beeinning on the day
of in the year nineteen hundred
and at noon and continuing until
the day of , in the
year nineteen hundred ana '.at
noon, against all loss or damage Wy IRE
originating from any cause except in-
vasion, foreign enemies, civil commotlons.
riots or any military or usurPeo ,, po"er
damage to be estimated according 70 tne
actual value of the insured property nt
the time when such loss or damage nap
pens, but not to include loss or damage
caused by explosions of any klnd unless
fire ensues, and then to lncluue Tnat
caused by fire only.
ms policy shall be Nold II any ul.i leiidA
fact or circumstance stated IN Wfltlns mas
not been fairly represented by the insured
or il the insured now has or shall mere
after make any other insurance on me
said property without the assent IN writ
ing or iii print of the company, or II,
without such assent, the said property
shall be removed, except that, II such re-
walton of the property from fire, this pol
icy shall be valid without such assent
for five days thereafter, or II, without
such assent, the situation or clrcum-
stances affecting the risk shall, by or
with the knowledge, advice, agency, or
consent of the insured, be so altered as 70
cause ar Increase of such RS risks, OF II.
shall be sold, or this policy assigned, or
if the premises hereby insured shall be-
come vacant by the removal OF the owner
more than thirty days without such as
sent, or if it be a manufacturing estab-
lisnment, running in whole or in part ex-
ira time, except that such establish
ments may run in whole or in part ex-
ira. hours, not later than nine o'clock
F. NJ, or if such. establishments sia,ll
days without permission in writing in.
dorsed hereon, or if the insured shall
make any attempt to defraud the COM
pauy, either before or after the loss, or If
gunpowder or other articles subject to
legal restriction shall be kept in guam
titles or manner different from those al
lowed or prescribed by law, or if CAM
phene, benzine. naphtha, or other chemi-
cal oils or burning fluids shall be kept or
used by the insured the premises in
surcd, except that what is known as re-
may be used for lighting, and in dwelling
houses. kerosene oil stoves may be used
for domestic purposes, to be titled when
cold. by daylight, and with oil of lawful
fire test only.
If the insured property shall be exposed
to loss or damage by fire, the insured
shall make all reasonable exertion to
save and protect the same.
In case of any loss or damage under
this policy, statement in writing, signed
ana sworn to by the insured shall be
within reasonable time rendered to the
company setting forth the value of the
sured therein, all other insurance thereon,
in detail: the purposes for which and the
persons by whom the building insured. or
containing the property insured, was used
and the time at which and manner in
which the fire originated, so far as
known to the insured. The company may
also examine the books of account and
vouchers of the insured, and make ex-
tracts from the same.
In case of any loss or damage the COM
pany, within sixty days after the insured
shall have submitted q statement as pro,
vided in the preceding clause, shall
either pay the amount for which it shall
be liable, which amount if not agreed
upon shall be ascertained by award Of
referees as hereinafter provided, or re-
place the property with other of the same
kind and goodness, or it may within fif-
teen days after such statement is SUBJ
mitted, notify the insured Of its intention
to rebuild or repair the premises, or any
portion thereof separately insured by this
policy, and shall thereupon enter upon
said premises and proceed to rebuild or
repair the same with reasonable expedi-
ton. 1t is moreover understood that
there can be no abandonment Of the prop
erty insured to the company, and that
liable for more than the sum insured,
with interest thereon from the time when
the loss shall become payable as above
provided
the property insured, whether prior or
subsequent, the insured shall recover on
this policy no greater proportion of the
loss sustained than the sum hereby in
Sured bears to the whole amount insured
thereon And whenever the company
shall pay any loss, the insured shall as
sign to It, to the extent of the amount so
paid. all rights to recover satisfaction
for the loss or damage from any person,
town, or other corporation, excepting
other insurers: or the insured, if request
ed, shall prosecute therefor at the charge
and for the account of the company.
Ii This pa1jcy shall Ia made pnva ,la IN
a mortgage of the insured real estate, no
act or default OF any person other than
such MORTGAGE or his agents.. or those
mortgages right to recover in case of
loss on such real estate: provided, that
the mortgage, shall, on demand pay ac
cording to the esta blished scale of rates
for any Increase Of risks not paid for by
the insured; ard whenever this company
shall be liable to a mortgage for any
sum for loss under this policy, for which
no liability exists as to the mortgagor or
owner, and this company shall elect by
itself. or with others, to pay the mort
gage the full amount secured by such
mortgage, then the mortgage shall as
sign and transfer to the companies inter-
ested, upon such payment the said mort
gage. together with the note and debt
thereby secured.
This policy may be Cancelled at any time
at the request of the insured, who shall
thereupon be entitled to q return of the
portion of the above premium remaining.
after dcductinS the customary monthly
short rates for the time this policy shall
have been in force The company also re-
serves the right, after giving written no.
tice to the insured, and to any mortgage
to whom this policy is made payable, and
rendering to the insured a ratable propor
ton of the premium, to cancel this policy
as to all risks subsequent to the eXpira
ton of ten days from such notice, and no
nOrtgagee shall then have the right to
recover as to such risks.
In case of loss under this policy and
failure of the parties to agree as to the
amount of loss, it is mutually agreed that
the amount of such loss shall be referred
to three dsinteresled men, the company
and the insured each choosing one out of
the three persons to be named by the
other, and the third being selected by the
two SO chosen; the award in writing by u
majority of the referees shall he conclu-
sive and final upon the parties as to the
amount of loss or damage, and such ref
erence unless waived by the parties,
shall be condition precedent to any right
of action in law or equity to recover for
such loss; but no person shall be chosen
or act as a referee against the objection
of either party. who has acted in a like
capacity within four months.
No suit or action against this company
for the recovery of any claim by virtue of
this nclicy shall be sustained in any court
of law or equity in this state unless com
menced within two years from the time
l1esc.