Dec. 21.] THE NEW ZEALAND GAZETTE. 3505

Approving the Provisions of Insurance Policies issued in
Terms of the Motor-omnibus Traffic Act, 1926.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 20th day
of December, 1926.

Present:

THE HONOURABLE W. DOWNIE STEWART PRESIDING IN
COUNCIL.

IN pursuance and exercise of the powers conferred on him
by section thirteen of the Motor-omnibus Traffic Act, 1926,
His Excellency the Governor-General of the Dominion of New
Zealand, acting by and with the advice and consent of the
Executive Council of the said Dominion, doth hereby approve
for the purposes of the said Act of the provisions of the forms
of insurance policies as set out in the Schedule hereto.

SCHEDULE.

General Indemnity.]

MOTOR-OMNIBUS POLICY.

Against Risks required to be Insured under the Motor-
omnibus Traffic Act, 1926, and the Motor-omnibus (Licensing) Regulations, 1926.

WHEREAS (hereinafter called the Insured) has by
the proposal and declaration which are the basis of this
contract applied to the Company (hereinafter
called the Company) to issue a policy of indemnity
against the liability of the Insured for compensation or
damages in respect of the death of or bodily injury to any
person or for damage to the property of such person as is
hereinafter specified such liability arising in the course of
the Motor-omnibus Service conducted by the Insured over
the route and between the termini mentioned in the second
column of the Schedule hereto and which liability is required
to be insured under the provisions of the Motor-omnibus
Traffic Act, 1926, and in accordance with the provisions of
Regulation No. 23 (1) Subsection (a) of the above-mentioned
Regulations and has paid to the Company the sum of £
by way of premium in respect of such indemnity for the
period mentioned in the first column of the Schedule hereto
(hereinafter called the first period of insurance) and the Com-
pany has agreed to issue a policy to the Insured on the terms
hereinafter appearing : Now these presents witness and it is
hereby agreed between the Company and the Insured as
follows :-

1. The Company will subject to the limitations provisions
   and conditions contained in or endorsed on this
   policy pay to the Insured all such sums of money as
   the Insured shall during the first period of insur-
   ance or during any term for which this policy may
   be renewed under the conditions endorsed hereon
   have paid or become liable to pay to any person or
   persons whomsoever for compensation or damages
   (including party and party costs) in respect of the
   death of or bodily injury to any person or for
   damage to the property of any person which com-
   pensation or damages including such costs shall be
   legally recovered or recoverable against the Insured
   and which liability arises out of the actual operation of
   any of the motor-omnibuses described in the Sche-
   dule hereto it being hereby declared that the word
   "operation " in this policy shall mean the use or
   driving on any road or street of any motor-omnibus
   for the purpose of carrying passengers for hire re-
   muneration or reward while such motor-omnibus shall
   be employed in the Motor-omnibus Service between
   the termini mentioned in the second column of the said
   Schedule hereto And provided that the Company
   shall only be liable in respect of any accident act
   or happening giving rise to any claim for such com-
   pensation or damages if at the time of such accident
   act or happening the motor-omnibus or motor-omni-
   buses in respect of or arising out of the operation of
   which such accident act or happening takes place is
   or are being so used or driven as aforesaid Provided
   that the liability of the Company under this policy
   shall be limited to the sum of £20,000 in respect of
   any such damages or compensation which shall occur
   or arise in the course of the said motor-omnibus
   service And provided that the liability of the Com-
   pany under this policy shall only apply in respect of
   any motor-omnibus while it is actually being operated
   as a motor-omnibus within the meaning given to the
   term "motor-omnibus " by the above-mentioned Act.

2. The liability of the Company in respect of any claim or
   claims whether arising out of the death of or of bodily
   injury to any one person and damage to the pro-
   perty of that person or in respect of either of such
   claims shall not exceed the sum of £2,000.

3. The liability of the Company under this policy in respect
   of goods carried in any motor-omnibus shall be
   limited to claims in respect of which the Insured
   may be liable otherwise than solely as a common
   carrier of goods.

4. This policy does not extend to any liability of the
   Insured in respect of the death of or injury to any
   person in the employment or service of the Insured
   or injury to the property of any such person.

5. The Company shall be entitled to every right of indem-
   nity or other right of the Insured and to be subro-
   gated to the Insured's position in respect thereof
   whether such right arises under or by virtue of any
   Statute or any doctrine of law or equity or other-
   wise howsoever. The Company shall be entitled to
   use the name of the Insured in any action or pro-
   ceeding in relation to any such right.

6. The Insured shall not without the consent in writing of
   the Company make any payment settlement or
   arrangement in respect of any claim or make any
   admission of liability in respect of any claim or
   allow any action or other proceeding to go unde-
   fended, or judgment to go by default or confess
   judgment in any such action or proceeding; and if
   the Insured commits any breach of this condition
   any remedy that he would otherwise have under
   this policy shall be barred and determined.

7. In the event of any accident or other act or happening
   giving rise to any claim or claims as an indemnity
   in respect of which this policy is issued of an aggre-
   gate amount exceeding £250 in respect of the opera-
   tion of any one of the motor-omnibuses mentioned
   in the Schedule hereto in the said Motor-omnibus
   Service the maximum amount for which the Com-
   pany was liable on the issue of this policy or any
   renewal thereof shall be reinstated for the balance
   of the term of this policy or such renewal period on
   payment of a premium the amount of which shall be
   calculated in the proportion that the amount by
   which this policy has been reduced bears to the said
   original amount for the unexpired period of this
   policy, or of such renewal. In the event of the
   aggregate amount of any such claim or claims not
   exceeding £250 the said maximum amount for which
   the Company was liable on the issue of this policy
   or of such renewal shall be reinstated without any
   additional premium.

In witness whereof, this day of ,
in the year one thousand nine hundred and .

Examined ...............

Schedule.

First Period of Insurance. | From | To | Points of Commencement | and Destination | Make of Omnibus | Licensed Seating-capacity | Registration No. | Owner's Fleet No. | No. of Maker of Omnibus | No. of Engine.
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |

Conditions.

1. This policy is issued on the express condition that the
   written and printed statements made to the Company by or
   on behalf of the Insured in the proposal for this policy are
   true in all respects and that the same shall be the basis of
   the contract between the Insured and the Company. If the
   said statements are untrue in any respect or if any material
   fact affecting the nature of the risk is omitted there from or
   if this policy or any renewal thereof is obtained through any
   misrepresentation suppression or untrue averment whatsoever