Security by guardian Payment of insurance money into court where no trustee, etc. Order for payment of insurance moneys Costs money received in government securities or municipal or school debentures or in mortgages of real estate or in any other manner authorised 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 towards 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. No. 16 of 1890, s. 12. 15. A guardian appointed as provided in section 13 hereof 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. No. 16 of 1890, s. 13. 16. If there is no trustee, executor or guardian competent to receive the share of any infant in the insurance money and the insurance company admits the claim or any part thereof 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 North-West 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. (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 costs 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 obtain ing out of Court moneys voluntarily paid in by a company to be paid out of such moneys. No. 16 of 1890, s. 14. up policy 17. If a person who has heretofore effected or who hereafter Surrender of effects an insurance for the purposes contemplated by this for paid 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. No. 16 of 1890, s. 15. payment of 18. The person insured may from time to time borrow from Borrowing_for the company insuring or from any other company or person on premiums 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. No. 16 of 1890, s. 16. profits 19. Any person insured under the provisions of this Ordi- Bonuses and nance 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. 1890, s. 17. No. 16 of actions 20. In case of several actions being brought for insurance several money the Court is to consolidate or otherwise deal therewith Consolidation 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 Parties 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 persons claiming shares in the policy. In all actions Notice to insurance company Rights of creditors No interference with other modes of assignment, etc. Surrender or assignment of policy Persons entitled in succession 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. No. 16 of 1890, s. 18. 21. No declaration or appointment affecting the insurance money or any portion thereof nor any appointment or revocation 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. No. 16 of 1890, s. 19. 22. If the policy was effected and premiums paid by the insured 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. No. 16 of 1890, s 20. 23. Nothing contained in this Ordinance shall be held or construed to restrict or interfere with the right of any person to effect or assign a policy for the benefit of his or her father, mother, husband or wife or children or some one of them in any other mode allowed by law. No. 16 of 1890, s. 21. 24. Where all the persons entitled to be benefitted whether by original insurance, by written declaration or instrument of variation or apportionment under any policy are of full age they and the person insured may surrender the policy or assign the same either absolutely or by way of security. No. 16 of 1890, s. 22. 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 benefitted under such policy. No. 16 of 1890, s. 23. CHAPTER 50. An Ordinance respecting Masters and Servants. THEO HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. Every contract or hire of personal service shall be subject Contracts of to the provisions of this Ordinance and if such contract is for hiring any period more than one year it shall be in writing and signed by the contracting parties. No. 26 of 1895, s. 2. 2. Any person engaged, bound or hired whether as clerk, servant guilty journeyman, apprentice, servant, labourer or otherwise how of misconduct soever, 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 Penalty 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 payment 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 person convicted to the place of imprisonment be sooner paid. No. 26 of 1895, s. 3. per of wages 3. Any justice, upon oath of any employee, servant or Nonpayment labourer complaining against his or her master or employer concerning any nonpayment of wages (not exceeding two months' wages, the same having been first demanded) illusage or improdismissal by such master or employer, may summon the mas ter or employer to appear before him at a reasonable time to be stated in the summons and the justice shall upon proof on oath of the personal service of the summons 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 or her of any wages found to be due (not exceeding two months' wages as aforesaid) and the justice shall make such order for payment of the said wages as to him seems just and reasonable with costs. No. 26 of 1895, s. 4: No. 38 of 1897, s. 53 (1). time for 4. Proceedings may be taken under this Ordinance within Limit of three months after the engagement or employment has ceased proceedings or within three months after the last instalinent of wages under Ordinance to apply to contracts the agreement of hiring has become due whichever shall last happen. No. 26 of 1895, s. 5. 5. The provisions of this Ordinance shall be held to apply in the Territories to contracts and agreements made at any place made outside outside the same. No. 26 of 1895, s. 6. the Territories Civil remedies preserved 6. Nothing in this Ordinance shall in any wise curtail, abridge or defeat any civil or other remedy for the recovery of wages or damages which employers or masters may have against servants or employees or which servants or employees may have against their masters or employers. No. 26 of 1895, s. 8; No. 38 of 1897, s. 53 (2). |