Preamble. Consequence of direction alty. CAP. XV. An Act further to amend the Law relating to Property and Trusts. W [Assented to 2nd March, 1872.] HEREAS doubts may exist as to the construction of the thirty-third section of the Act of the late Province of Canada, passed in the twenty-ninth year of Her Majesty's reign, intituled, "An Act to amend the law of Property and Trusts in Upper Canada," and it is expedient to remove the said doubts and to explain the operation of the said section: Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. In the construction of the will of any person who may die that testator's after the thirty-first day of March, in the year of our Lord one debts be paid thousand eight hundred and seventy-two, a general direction. out of person that the debts or that all the debts of the testator shall be paid out of his personal estate shall not be deemed to be a declaration of an intention contrary to or other than the rule established by the said Act, unless such contrary or other intention shall be further declared by words expressly or by necessary implication referring to all or some of the testator's debts or debt, charged by way of mortgage on any part of his real estate. 32 V., c. 8, 2. In the construction of the said Act and of this Act the word "mortgage" shall be deemed to extend to any lien for unpaid purchase money, or any charge, incumbrance or obligation of any nature whatever upon any lands or tenements of a testator or intestate. 3. Whereas by an error in the printed copy of the Act passed s. 3 amended. in the thirty-second year of the reign of Her Majesty Queen Victoria, intituled, "An Act to amend the law as to Wills," the word "not" is omitted in the beginning of the fourth line of the third section of the said Act, be it enacted that the said section be and the same is hereby amended so as to read as follows; "3. Every will shall be revoked by the marriage of the testator, except a will made in the exercise of a power of appointment, when the real or personal estate would not in default of such appointment pass to the testator's heir, executor or administrator, or the person entitled as the testator's next of kin, under the Statute of Distributions." And the said section so amended shall read as if incorporated in the said Act at the time of the passing of the same; but but nothing in this Act shall apply to or affect any case now pending or heretofore adjudged by any court in this Province. CAP. XVI. An Act to extend the rights of property of Married [Assented to 2nd March, 1872.] ER Majesty, by and with the advice and consent of the as follows: abolished in 1. After the passing of this Act, the real estate of any mar- Tenancy by ried woman, which is owned by her at the time of her marriage, or the curtesy acquired in any manner during her coverture, and the rents, issues certain cases. and profits thereof respectively, shall without prejudice and subject to the trusts of any settlement affecting the same, be held and enjoyed by her for her separate use, free from any estate or claim of her husband during her lifetime, or as tenant by the curtesy, and her receipts alone shall be a discharge for any rents, issues and profits; and any married woman shall be liable on any contract made by her respecting her real estate, as if she were a feme sole. women pro 2. All the wages and personal earnings of a married woman, Personal earnand any acquisitions therefrom, and all proceeds or profits from ings of married any occupation or trade which she carries on separately from tected. her husband or derived from any literary, artistic or scientific skill, and all investments of such wages, earnings, moneys or property shall hereafter be free from the debts or dispositions of the husband, and shall be held and enjoyed by such married woman, and disposed of without her husband's consent, as fully as if she were a feme sole; and no order for protection shall hereafter become necessary in respect of any of such earnings or acquisitions; and the possession, whether actual or constructive, of the husband, of any personal property of any married woman, shall not render the same liable for his debts. insure their 3. A married woman in her own name, or that of a trustee Married for her, may insure for her sole benefit, or for the use or benefit women may of her children, her own life, or with his consent, the life of her own or hushusband for any definite period, or for the term of her or his band's lives. natural life; and the amount payable under said insurance, shall be receivable for the sole and separate use of such married women or her children as the case may be, free from the claims of the representatives of her husband, or of any of his creditors. Insurance the benefit of ren. 4. A policy of insurance effected by any married man on by husband for his own life and expressed upon the face of it to be for wife and child- the benefit of his wife, or of his wife and children, or any of them, or upon which he may at any time after effecting such insurance, notwithstanding a year may have elapsed, endorse thereon that the same shall be for the benefit of his wife, or of his wife and children or any of them, 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, and shall not, so long as any object of the trust remains, be subject to the control of the husband or his creditors or form part of his estate, save and except for such amount as the same may be pledged to any person or persons prior to any endorsation thereon for the benefit of his wife or children, or Appointment any of them, when the sum secured by the policy becomes payby the Court able: in the event of no executor or trustee having been apno other trus- pointed by the husband by will, a trustee thereof may be aptee or executor pointed by the Court of Chancery upon the application of the appointed. wife, or in the event of her death, by the children or their guardian, and the receipt of such executor or trustee shall be a good Fraud in pay- discharge to the office in which such insurance is effected; Proment of pre- vided always, if it shall be proved that the policy of insurance was effected and premiums raid by the husband with intent to defraud his creditors, they shall be entitled to receive out of the sum secured an amount equal to the premiums so paid. of Trustee, if miums. Married women may hold stocks, 5. Any married woman may become a stockholder or member of any bank, insurance company, or any other incorpora&c., and vote, ted company or association, as fully and effectually as if she were a feme sole, and may vote by proxy or otherwise, and enjoy the like rights, as other stockholders or members. May deposit in a bank and check out. Rights of husband's credit ors to deposits. Non-liability debts of the wife. 6. A married woman may make deposits of money in her own name in any savings or other bank, and withdraw the same. by her own check, and any receipt or acquittance of such depositor, shall be a sufficient legal discharge to any such bank. 7. Nothing herein before contained in reference to moneys deposited, or investments by any married woman shall as against creditors of the husband, give validity to any deposit or investment of moneys of the husband made in fraud of such creditors, and any money so deposited or invested may be followed as if this Act had not passed. 8. A husband shall not by reason of any marriage which shall of husband for take place after this Act has come into operation, be liable for the debts of his wife contracted before marriage, but the wife shall be liable to be sued therefor, and any property belonging to her for her separate use shall be liable to satisfy such debts as if she had continued unmarried; and a husband shall not be liable for any debts of his wife in respect of any employment or business in which she is engaged on her own behalf, or in respect of any of her own contracts. ried women. 9. A married woman may maintain an action in her own name Suits by and for the recovery of any wages, earnings, money and property, by against marthis or any other Act, declared to be her separate property, and shall have in her own name the same remedies, both civil and criminal against all persons whomsoever for the protection and security of such wages, earnings, money and property, and of any chattels or other her separate property for her own use, as if such wages, earnings, money, chattels and property belonged to her as an unmarried woman; and any married woman may be sued or proceeded against separately from her husband in respect of any of her separate debts, engagements, contracts or torts as if she were unmarried. 10. This Act shall not affect any pending suit or proceeding. Pending suits. 11. This Act may be known as the "Married Women's Pro- Short Title. perty Act, 1872." CAP. XVII. An Act to amend the Act respecting Apprentices and [Assented to 2nd March, 1872.] ER MAJESTY, by and with the advice and consent of the follows: 1. Section four of the Act respecting apprentices and minors, Con. Stat. U. chaptered seventy six of the Consolidated Statutes for Upper C., c. 76, s. 4, Canada is hereby repealed, and the following shall be substi- amended. tuted for the said section, and shall be taken and read as part of the said Act: apprenticed. (4.) In a city or town, the mayor, judge of the county court or Certain minors police magistrate, and in a county the judge of the county court may be of the county may put and bind for the like period to any person mentioned in the several sections of this Act, with the consent of such person and of the minor, any minor who is an orphan or has been deserted by his or her parents or guardian or whose parents or guardian have been for the time committed to a common gaol or house of correction, or any minor who is dependent upon public charity for support; and such apprentice and the master of such apprentice shall be held in the same manner as if the apprentice had been bound by his or her parent; and no minor who has been or shall hereafter be aban- Parents and doned by his or her parent or guardian, or who is dependent guardians of certain minors upon not to control in certain cases except on order. their custody upon charity for support, shall hereafter be removed from any public or private charitable institution, or from the custody or control of any private person who may charitably be taking care of such minor, by the father or mother or guardian of such minor against the will of the head of such public or private charitable institution, or of such private person, without an order for such removal from a judge of one of the superior courts of law or equity, or from the judge of the county court of the county, or mayor or police magistrate of the city or town where such minor may be; and such judge or other person hereby empowered to make such order for removal, may, notwithstanding the strict legal right of the applicant to the custody and control of such minor, refuse to grant an order for the removal of such minor unless he shall be satisfied that such removal will tend to the benefit and advantage of such minor. A person designating his business name CAP. XVIII. An Act to further provide for the Registration of Co- HER [Assented to 2nd March, 1872.] ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Every person who at the time of the passing of this Act is, or who hereafter may be, engaged in business for trading, as a firm to file manufacturing, or mining purposes, and who is not associated a declaration. in partnership with any other person or persons, but who uses as his business style some name or designation other than his own name, or who in such style uses his own name with the addition of" and company," or some other word or phrase indicating a plurality of members in the firm, shall cause to be delivered to the Registrar of the County, City or Riding in which such person carries on or intends to carry on business, a declaration in writing, signed by such person. Form of declaration. 2. Such declaration shall contain the name, surname, addition, and residence of the person making the same, and the name, style or firm, under which he carries on or intends to carry on business, and shall also state that no other person is Filing declara- associated with him in partnership; and shall be filed in the case of persons who before the passing of this Act use a style requiring registration under the provisions thereof, within six months of the time of the passing of this Act; and in the case of persons first using such a style, after the passing of this Act, within six months of the time when such style is first used. tion. |