where no

13. If no trustee is named in the policy or appointed as Payment mentioned in section 12 hereof to receive the shares to which trustees infants are entitled their shares may be paid to the executors of the last will and testament of the insured or to a guardian of the infants duly appointed by the Supreme Court of the North-West Territories or a judge thereof upon the application of the wife or of the infants or their guardian and such payment shall be a good discharge to the insurance company. C.O., c. 49, s. 13.

by trustees

14. Any trustee named as provided for in the last preceding Investment two sections and any executor or guardian may invest the money received in government securities or municipal or school debentures or in mortgages of real estate or in any other manner authorized by the will of the insured and may from time to time alter, vary and transpose the investments and apply all or any part of the annual income arising from the share or presumptive share of each of the children in or toards his or her maintenance and education in such manner as the trustee, executor or guardian thinks fit and may also advance to and for any of the children notwithstanding his or her minority the whole or any part of the share of the child of and in the money for the advancement or preferment in the world or on the marriage of such child. C.O., c. 49, & 14.

guardian

15. A guardian appointed as provided in section 13 hereof Security by shall give security to the satisfaction of the Court or judge for the faithful performance of his duty as guardian and for the proper application of the money which he may receive. Where the amount of the insurance money payable to a guardian of infants does not exceed $400 and probate is sought in respect of a will for the sole purpose of obtaining insurance. money to an amount not exceeding $400 the fees payable on the appointment of such guardian or executor shall be $4 and no more and such fees shall be regulated in the manner prescribed. C.O., c. 49, s. 15.

insurance

Court where

etc.

16. If there is no trustee, executor or guardian competent to Payment of receive the share of any infant in the insurance money and money into the insurance company admits the claim or any part thereof no trustee. the company at any time after the expiration of two months from the date of their admission of the claim or part thereof may obtain an order from the Supreme Court of the NorthWest Territories or a judge thereof for the payment of the share of the infant into Court; and in such case the costs of the application shall be paid out of the share (unless the Court or judge otherwise directs) and the residue shall be paid into Court pursuant to the order; and such payment shall be a sufficient discharge to the company for the money paid; and the money shall be dealt with as the Court or judge may direct.

Order for payment of

insurance moneys

Costs

Surrender of

up policy

(2) If the company does not within four months from the time the claim is admitted either pay the same to some person competent to receive the money under this Ordinance or pay the same into the Supreme Court the said Court or judge thereof may upon application made by some one competent to receive the said money or by some other person on behalf of the infant order the insurance money or any part thereof to be paid to any trustee, executor or guardian competent to receive the same or to be paid into Court to be dealt with as the Court or judge may direct and any such payment shall be a good discharge to the company.

(3) The Court or judge may order the cost of the application and any costs incidental to establishing the authority of the party applying for the order to be paid out of such moneys. or by the company or otherwise as may seem just and the Court or judge may also order the costs of and incidental to obtaining out of Court moneys voluntarily paid in by a company to be paid out of such moneys. C.O., c. 49, s. 16.

17. If a person who has heretofore effected or who here policy for paid after effects an insurance for the purposes contemplated by this Ordinance whether the purpose appears by the terms of the policy or by indorsement thereon or by an instrument referring to and identifying the policy finds himself unable to continue to meet the premiums he may surrender the policy to the company and accept in lieu thereof a paid up policy for such sum as the premiums paid would represent payable at death or at the endowment age or otherwise (as the case may be) in the same manner as the money insured by the original policy if not surrendered would have been payable; and the company may accept the surrender and grant the paid up policy notwithstanding any declaration or direction in favour of the wife and children or any of them. C.O., c. 49, s. 17.

Borrowing for payment of premiums

Bonuses and profits

18. The person insured may from time to time borrow from the company insuring or from any other company or person on the security of the policy such sums as may be necessary and the same shall be applied to keep the policy in force on such terms and conditions as may be agreed on; and the sums so borrowed together with such lawful interest thereon as may be agreed upon shall so long as the policy remains in force be a first lien on the policy and on all moneys payable thereunder notwithstanding any declaration or direction in favour of the wife or children or any or either of them. c. 49, s. 18.

C.O..

19. Any person insured under the provisions of this Ordinance may in writing require the insurance company to pay the bonuses or profits accruing under the policy or portions of the same to the insured; or to apply the same in reduction of the annual premiums payable by the insured in such way

as he may direct; or to add the said bonuses or profits to the policy; and the company shall pay or apply such bonuses or profits as the insured directs and according to the rates and rules established by the company:

Provided always that the company shall not be obliged to pay or apply such bonuses or profits in any other manner than stipulated in the policy or the application therefor. C.O., c. 49, s. 19.

actions

Consolidation

Parties

20. In case of several actions being brought for insurance Several money the Court is to consolidate or otherwise deal therewith so that there shall be but one action for and in respect of the shares of all the persons entitled under a policy. If an action is brought for the share of one or more infants entitled all the other infants or the trustees, executors or guardians entitled to receive payment of the shares of such other infants shall be made parties to the action and the rights of all the infants shall be dealt with and determined in one action. The persons entitled to receive the shares of the infants may join with any adult person claiming shares in the policy. In all actions where several persons are interested in the money the Court or judge shall apportion among the parties entitled any sum directed to be paid and shall give all necessary directions and relief. C.O., c. 49, s. 20.

insurance

21. No declaration or appointment affecting the insurance Notice to money or any portion thereof nor any appointment or revoca- company tion of a trustee shall be of any force or effect as respects the company until the instrument or a duplicate or copy thereof is deposited with the company. Where a declaration or indorsement has been heretofore made and notice has not been given the company may until they receive notice thereof deal with the insured or his executors, administrators or assigns in respect of the policy in the same manner and with the like effect as if the declaration or indorsation had not been made. C.O., c. 49, s. 21.

creditors

22. If the policy was effected and premiums paid by the in- Rights of sured with intent to defraud his creditors the creditors shall be entitled to receive out of the sum secured an amount equal to the premiums so paid. C.O., c. 49, s. 22.

interference

modes of

23. Nothing contained in this Ordinance shall be held or No construed to restrict or interfere with the right of any person with other to effect or assign a policy for the benefit of his or her father, assignment, mother, husband or wife or children or some one of them in etc. any other mode allowed by law. C.O., c. 49, s. 23.

assignment of

24. Where all the persons entitled to be benefitted whether Surrender or by original insurance, by written declaration or instrument policy of variation or apportionment under any policy are of full

Persons entitled in succession

age they and the person insured may surrender the policy or assign the same either absolutely or by way of security. C.O., c. 49, s. 24.

25. Where any policy of insurance or written contract of life insurance or the declaration indorsed upon or attached to any policy of insurance to which this Ordinance applies whether such declaration has heretofore been or shall hereafter be made provides that the policy shall be for the benefit of a person and in the event of the death of such person for the benefit of another person such first mentioned person shall if living be deemed for the purposes of section 24 of this Ordinance the person entitled to be benefited under such policy. C.O., c. 49, s. 25.

THE

CHAPTER 50.

An Ordinance respecting Masters and Servants.

HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows:

hiring

[1. Every contract or hire of personal service shall be sub- Contracts of ject to the provisions of this Ordinance and if such contract is for any period more than one year it shall be in writing and signed by the contracting parties.] 1904, c. 3, s. 1.

servant

[2. Any person engaged, bound or hired whether as clerk, Misconduct of journeyman, apprentice, servant, labourer or otherwise howsoever, guilty of drunkenness or of absenting himself by day or night without leave from his proper service or employment or of refusing or neglecting to perform his just duties or to obey the lawful commands of his master or of dissipating his employer's property or effects shall be deemed guilty of a violation of his contract and upon summary conviction of one or more of the said violations forfeit and pay such sum of money not exceeding $30 as to the justice or magistrate seems meet together with costs of prosecution; and in default of pay- Penalty ment thereof forthwith shall be imprisoned for any period not exceeding one month unless the fine imposed and costs together with the costs of commitment and conveying such convicted person to the place of imprisonment be sooner paid.] 1904, c. 3, s. 2.

on nonpay

[3. Any justice upon oath of any employee, servant or Proceedings labourer complaining against his master or employer concern- ment of wages ing any nonpayment of wages (not exceeding two months wages the same having been first demanded) illusage or improper dismissal by such master or employer may summon the master or employer to appear before him at a reasonable time to be stated in the summons and the justice shall examine into the matter of the complaint whether the master or employer appears or not; and upon due proof of the cause of complaint the justice may discharge the servant or labourer from the service or employment of the master and may direct the payment to him of any wages found to be due (not exceeding two months wages as aforesaid) together with costs of prosecution the same to be levied by distress and sale of the goods and chattels of such master or employer.

wages may be

(2) In the event of the said justice determining that the Four weeks' servant or labourer has been improperly dismissed from the allowed service of the master or employer he may in addition to directing the payment to him of any wages found to be due