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CHAPTER 47.

An Ordinance respecting the Personal Property of

Married Women.

THE Lieutenant Governor by and with the advice and con

sent of the Legislative Assembly of the Territories enacts as follows:

THE

property of

women

1. A married woman shall in respect of personal property be Personal under no disabilities whatsoever heretofore existing by reason married 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. No. 20 of 1890, s. 2.

CHAPTER 48.

An Ordinance respecting Compensation to the Families

of Persons Killed by Accidents.

HE Lieutenant Governor by and with the advice and con

sent of the Legislative Assembly of the Territories enacts as follows:

Interpretation

1. The following words and expressions shall have in this 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 :

“Parent"

“Child"

1. “Parent" shall include father, mcther, grandfather, grandmother, stepfather, stepmother; and

2. “Child” sball include son, daughter, grandson, granddaughter, stepson, stepdaughter. R.O. c. 55, s. 1.

2. Whenever the death of a person has been caused by such compensation wrongful act, neglect or default as would (if death had not en

sued) 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. R.O. c. 55, s. 2.

When

Who to benefit by action

3. Every such action shall be for the benefit of the wife, husband, parent, child, brother or sister of the person whose death has been so caused and shall be brought by and in the name of the executor or administrator of the person cieceased 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. R.O. c. 55, s. 3.

Limitation of action

4. Not more than one action shall lie for and in respect of the same subject matter of complaint and every such action shall be commenced within twelve months after the death of the deceased person. R.O.c. 55, s. 4.

CHAPTER 49.

An Ordinance respecting Insurance for the benefit of

Wife and Children.

HE Lieutenant Governor by and with the advice and con

sent of the Legislative Assembly of the Territories enacts as follows:

THE

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1. In this Ordinance“ maturity of the policy” or “maturity Interpretation 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. No. 16 of 1890, s. 1.

insure for

2. Any person may insure his life for the whole term there. Husband may of or for any definite period for the benefit of his wife and

benefit of wife children or of his wife and some one of his children or of his or children 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 may deem proper. No. 16 of 1890, s. 2.

3. The insurance may be effected either in the name of the May be in person whose life is insured or in the name of his wife or of name of wife any other person (with the assent of such other person) as trustee. No. 16 of 1890, s. 3.

be declared for

or any

4. In case a policy or written contract of life insurance ef- Insurance may fected by a man on his life, is expressed upon the face of it to benefit of wife be for the benefit of his wife or his wife and children

of

or children 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 declaration 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. (2) In the case of a policy or written contract of life insur- Antenuptial

policy ance 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 had been effected after marriage but nothing herein contained shall affect any action or proceeding now pending. No. 16 of 1890, s. 4.

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Apportionment inay be varied

Apportionment by will

5. The insured may by an instrumeut in writing attached to or indorsed on or identifying the policy by its number 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 froin time to time by an instrument in writing attached to or indorsed on the policy or referring 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 well as to future policies. No. 16 of 1890, s. 5.

as

Provision where no apportionment

6. Where no apportionment is made all persons entitled to be benefitted by the insurance shall be beld 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 benetit by the policy shall be the wife living at the maturity thereof. No. 16 of 1890, s. 6.

Surrender or assignment of policy

7. Any such policy may be surrendered or assigned :
(a) Where the policy is for the benefit of children only and

the children surviving are of the full age of twenty-
one years if the person insured and all such surviving

children agree to so surrender or assign; or (6) Where the policy is for the benefit of both a wife and

children and the surviving children are all of the full age of twenty-one years if the person insured and his then wife if any and all such surviving children agree

to so surrender or assign ; or (c) Where the policy is for the benefit of a wife only or of

a wife and children and there are no children living of the person insureri and his then wife agrees to so surrender or assign. No. 16 of 1890, s. 6.

Apportioned policy

in

Death of beneficiary

8. Where an apportionment as in sections 2 and 5 hereof provided for has been made if one or more of the

persons whose favour the apportionment has been made die in the life

time of the insured the insured may by an instrument in writbefore person ing attached to cr 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 bim as he may see fit and shail at his death form part of his estate. No. 16 of 1890, s. 7.

insured

9. Where no apportionment as in sections 2 and 5 hereof No provided for has been maile if one or more of the persons en-Death of

apportionment titled to the benefit of the insurance die in the lifetime of the beneficiary insured and no apportionment is subsequently made by the insured the insurance shall be for the benefit of the survivor or 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. No. 16 of 1890, s. 8,

insurance

adduced

of trustees

10. When the insurance money becomes due and payable it Payment of shall be paid according to the terms of the policy or of any de- money claration or instrument as aforesaid as the case may be free from the claims of any creditors of the insured except as herein provided. No. 16 of 1890, s. 9.

11. Where the insurance money or part thereof is for the Insurance benefit in whole or in part of the children of the insured and for children the children are mentioned as a class and not by their indivi- Proof to be dual 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. No. 16 of 1890, s. 9.

12. The insured may by the policy or by his will or by any Appointment writing under his hand appoint a trustee or trustees of the money payable under the policy and may from time to time 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. No. 16 of 1890, s. 10.

13. If no trustee is named in the policy or appointed as Payment mentioned in section 12 hereof to receive the shares to which infants are entitled their shares may be paid to the executors of the last will and testament of the insure'l or to a guardian of the infants duly appointed by the Supreme Court of the NorthWest 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. No. 16 of 1890, s. 11.

14. Any trustee named as provided for in the last preceding Investment two sections and any executor or guardian may invest the by trustees

where no trustecs

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