Personal property of married women CHAPTER 47. An Ordinance respecting the Personal Property of THE HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. A married woman shall in respect of personal property be under no disabilities whatsoever heretofore existing by reason of her coverture or otherwise but shall in respect of the same have all the rights and be subject to all the liabilities of a feme sole. C.O., c. 47, s. 1. CHAPTER 48. An Ordinance respecting Compensation to the Families of THE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. The following words and expressions shall have in this Interpretation Ordinance the meanings hereby assigned to them respectively so far as such meanings are not excluded by the context or by the nature of the subject matter: 1. "Parent" shall include father, mother, grandfather, "Parent" grandmother, stepfather, stepmother; and 2. "Child" shall include son, daughter, grandson, grand- "Child" daughter, stepson, stepdaughter. C.O., c. 48, s. 1. recoverable 2. Whenever the death of a person has been caused by such when wrongful act, neglect or default as would (if death had not compensation ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, in each case the person who would have been liable if death had not ensued shall be liable to an action for damages notwithstanding the death of the party injured. C.O., c. 48, s. 2. 3. Every such action shall be for the benefit of the wife, Who to benefit husband, parent, child, brother or sister of the person whose by action death has been so caused and shall be brought by and in the name of the executor or administrator of the person deceased and in every such action the Court may give such damages as it thinks proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action has been brought. C.O.. c. 48, s. 3. of action 4. Not more than one action shall lie for and in respect of Limitation the same subject matter of complaint and every such action shall be commenced within twelve months after the death of the deceased person. C.O., c. 48, s. 4. Interpretation Husbands may insure for benefit of wife or children May be in name of wife or trustee Insurance may be declared for or children CHAPTER 49. An Ordinance respecting Insurance for the benefit of Wife and Children. THE HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as as follows: 1. In this Ordinance "maturity of the policy" or "maturity of the contract," means the happening of the event or the expiration of the term at which the benefit under the policy or contract accrues due. C.O., c. 49, s. 1. 2. Any person may insure his life for the whole term thereof or for any definite period for the benefit of his wife and children or of his wife and some one of his children or of his children only or of some one of them and where the insurance is effected for the benefit of more than one he may apportion the amount of the insurance money as he C.O., c. 49, s. 2. may deem proper. 3. The insurance may be effected either in the name of the person whose life is insured or in the name of his wife or of any other person (with the assent of such other person) as trustee. C.O., c. 49, s. 3. 4. In case a policy or written contract of life insurance benefit of wife effected by a man on his life, is expressed upon the face of it to be for the benefit of his wife or his wife and children or any of them or in case he has heretofore indorsed or may hereafter indorse or by any writing identifying the policy by its number or otherwise has made or may hereafter make a de claration that the policy is for the benefit of his wife or of his wife and children or any of them such policy shall enure and be deemed a trust for the benefit of his wife for her separate use and of his children or any of them according to the intent so expressed or declared and so long as any object of the trust remains, the money payable under the policy shall not be subject to the control of the husband or his creditors or form part of his estate when the sum secured by the policy or written contract becomes payable but this shall not be held to interfere with any pledge of the policy to any person prior to such declaration. Antenuptial policy (2) In case of a policy or written contract of life insurance effected before marriage a declaration under this section shall be and be deemed to have been as valid and effectual as if such policy or contract has been effected after marriage but nothing herein contained shall affect any action or proceeding now pending. C.O., c. 49, s. 4. 5. The insured may by an instrument in writing attached Apportionment to or indorsed on or identifying the policy by its number may be varied or otherwise, vary an apportionment previously made so as to extend the benefits of the policy to the wife or the children to one or more of them although the policy is expressed to be for the benefit of the wife alone or the child or children alone or although a prior declaration was so restricted; and he may also apportion the insurance money among the persons intended to be benefitted; and may from time to time by an instrument in writing attached to or indorsed on the policy or re- by will ferring to the same alter the apportionment as he deems proper; he may also by his will make or alter the apportionment of the insurance money; and an apportionment made by his will shall prevail over any other made before the date of the will except so far as such other apportionment has been acted on before notice of the apportionment by the will. (2) This section applies to policies heretofore issued as well as to future policies. C.O., c. 49, s. 5. Apportionme t where no 6. Where no apportionment is made all persons entitled to Provision be benefitted by the insurance shall be held to share equally in the same; and where it is stated in the policy or declaration that the insurance is for the benefit of the wife and children generally or of the children generally without specifying the names of the children the word children shall be held to mean all the children of the insured living at the maturity of the policy whether by his then or any former wife and the wife to benefit by the policy shall be the wife living at the maturity thereof. C.O., c. 19, s. 6. Surrender or assignment 7. Any such policy may be surrendered or assigned: (a) Where the policy is for the benefit of children only of policy and the children surviving are of the full age of twenty-one years if the person insured and all such Suiviving children agree to so surrender or assign; (b) Where the policy is for the benefit of both a wife and (c) Where the policy is for the benefit of a wife only or 8. Where an apportionment as in sections 2 and 5 hereof Apportioned provided for has been made if one or more of the persons in policy Death of beneficiary before person insured No apportionment Death of beneficiary Payment of insurance money Insurance for children Proof to be adduced Appointment of trustees whose favour the apportionment has been made die in the lifetime of the insured the insured may by an instrument in writing attached to or indorsed on or otherwise referring to and identifying the policy of insurance declare that the share formerly apportioned to the person so dying shall be for the benefit of such other person or persons as he may name in that behalf not being other than the wife and children of the insured and in default of any such declaration the share of the person so dying shall be the property of the insured and may be dealt with and disposed of by him as he may see fit and shall at his death form part of his estate. C.O., c. 49, s. 8. 9. Where no apportionment as in sections 2 and 5 hereof provided for has been made if one or more of the persons entitled to the benefit of the insurance die in the lifetime of the insured and no apportionment is subsequently made by the insured the insurance shall be for the benefit of the survivor of of the survivors of such persons in equal shares if more than one; and if all the persons so entitled die in the lifetime of the insured the policy and the insurance money shall form part of the estate of the insured; or after the death of all the persons entitled to such benefit the insured may by an instrument executed as aforesaid make a declaration that the policy shall be for the benefit of his then or any future wife or children or some one of them. C.O., c. 49, s. 9. 10. When the insurance money becomes due and payable it shall be paid according to the terms of the policy or of any declaration or instrument as aforesaid as the case may be free from the claims of any creditors of the insured except as herein provided. C.O., c. 49, s. 10. 11. Where the insurance money or part thereof is for the benefit in whole or in part of the children of the insured and the children are mentioned as a class and not by their individual names the money shall not be payable to the children until reasonable proof is furnished to the company of the number, names and ages of the children entitled. C.O., c. 49. s. 11. 12. The insured may by the policy or by his will or by any writing under his hand appoint a trustee or trustees of the money payable under the policy and may from time to ume revoke such appointment in like manner and appoint a new trustee or new trustees and make provision for the appointment of a new trustee or trustees and for the investment of the money payable under the policy. Payment made to such trustee or trustees shall discharge the company. C.O., c. 49. s. 12. |