the Circuit Court, by which and under the authority of which, whatever shall have been adjudged, ordered, confirmed, modified or amended by the judgment of the said court shall be carried into effect, and that by the same means and in the same manner as the judgment appealed from might itself have been carried into effect. 24 V., c. 30, s. 12.

abandoned

5577. Any appellant who shall have neglected to cause the Appellant newrit of appeal above mentioned to be served as aforesaid, or glecting certain proceedwho, having caused it to be served, shall fail effectually to pro- ings to be secute the said appeal, shall be deemed to have abandoned the held to have said appeal, and upon application of the respondent, the Circuit the appeal. Court shall declare forfeited all the rights and claims founded on the said appeal, and shall allow costs to the respondent and shall order that the record, (if transmitted,) be sent back to the court or judge below; and if the record has not been transmitted, then upon production of the notice of appeal or writ of appeal, the said respondent shall obtain such costs as the court may adjudge. 24 V., c. 30, s. 13.

ties.

5578. The execution of the judgment against the party Recourse condemned shall not deprive the party, who shall have suc- against sureceeded, of his recourse against the sureties for the whole or any part of the costs of the appeal remaining unpaid, to the payment of which every surety shall be bound, under the penalty of seizure and execution, in the same manner and to the same degree as the principal parties. 24 V., c. 30, s. 14.

5579. No judgment rendered in virtue of this section shall Certiorari not be contested or set aside by writ of certiorari. 24 V., c. 30 s. 15. allowed.

Whereas in a cause (or matter) between A. B., plaintiff or complainant, and C. D., defendant, judgment was rendered on

or about the

district of

day of

or county of

C. D., (or A. B.,) desires to appeal from the said judgment.

of

Be it known, that on this day the

, in the and the said

day

appeared
, in

in the year before me. C. E., Clerk of the said Circuit Court, at the said district of or county of H. P., (quality and residence), who, after having justified his sufficiency on oath as required by law, became surety that the said appellant would effectively prosecute the said appeal and satisfy the judgment, and also pay the damages and costs in case the said appeal is not proceeded with, or in case the said

judgment is confirmed; failing all which, the said surety binds himself towards the proper parties to pay and discharge whatever amount may be required by law.

And the above having been read to him, the said surety has signed (or declared that he is unable to sign.)

Taken, acknowledged and sworn before me, the said clerk, at the said

on the day and year secondly above mentioned.

VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith:

To (names of the justice or justices of the peace.)

Whereas in a cause (or matter) by you decided on or about

the

day of

in the district of

in the county of

The said C. D., (or A. B.,) deems himself aggrieved by the said judgment, and has provided the securities required by lawWe command you, and each of you, to transmit all the documents, proceedings and papers composing the record or contained in the registers and relating to the said cause, to our Circuit Court in and for the district of (or county of

), at

on or before the

day of

that good and speedy justice may be done in the said

In testimony whereof, We have caused the Seal of our said Court to be affixed hereto, at

in the year of Our Lord, one

24 V., c. 30, Form No. 2.

,

the

day of thousand eight hundred and Č. E.

Clerk of the said Circuit Court.

SECTION IX.

PROVISIONS IN CONNECTION WITH CHAPTER FIRST OF TITLE FOURTH OF
BOOK THIRD.

OF MARRIAGE COVENANTS AND OF THE EFFECT OF MARRIAGE

UPON THE PROPERTY OF THE CONSORTS.

(Article 1265.)

LIFE INSURANCE BY HUSBANDS AND PARENTS.

§1.-Declaratory.

5580. Nothing contained in this section shall be held or Rights not construed to restrict or interfere with any right otherwise affected. allowed by law to any person to effect or transfer a policy for the benefit of a wife or children, nor shall it apply to insurance made in favor of or transferred to any wife under her marriage contract. 41-42 V., c. 13, s. 29.

$2.-In whose favor such Insurance may be effected.

5581. It is lawful for any husband:

a. To insure his life; or

Power of

husband to insure his

b. To appropriate any policy of insurance held by himself life for the on his life:

For the benefit of his wife; or

For the benefit of his wife and their children generally; or For the benefit of his wife and his, her and their children generally; or

or

For the benefit of his wife and his or her children generally;

For the benefit of his wife and one or more of his, her, or their children;

2. And for
a. To insure his or her life; or

any father or any

mother:

b. To appropriate any policy of insurance held by himself on his life, or by herself on her life,

For the benefit of his or of her children or of one or more of them. 41-42 V., c. 13, ss. 2 and 5.

§3.-Mode of effecting Insurance.

benefit of wife and children.

Idem, pa

rents.

ance is effect

5582. The insurance mentioned in the preceding article How insurmay be effected either for the whole term of the life of the person aa whose life is insured, or for any definite period; and the sum, insured may be made payable upon the death of such person or upon his or her surviving a specified period not less than ten years. 41-42 V., c. 13, s. 3.

How aud when the

premium is payable.

How appropriation is made.

Deposit of declaration.

Married wo

man does not

5583. The premium for such insurance may be payable during the whole life of the person whose life is insured, or during any period, not less than ten years; and the same may be paid by yearly, half-yearly, quarterly or monthly payments. 41-42 V., c. 13, s. 4.

§4.-Appropriation of Policy.

5584. The appropriation of the policy mentioned in article 5581 is made by a declaration in writing endorsed upon, or referring and attached to the policy appropriated.

A duplicate of the declaration must be filed with the company which issued the policy, and a note of the filing of such duplicate must be endorsed by the company on the policy or on the declaration. 41-42 V., c. 13, s. 6.

5585. Such insurance may be effected and such declaration of appropriation may be made by a married woman without band's autho- the authorization of her husband. 41-42 V., c. 13, s. 7.

want hus

rization.

If the insurance is for

the benefit of several per

sons.

When no apportionment is made.

§ 5-Apportioning of Insurance.

5586. When the insurance is effected or the appropriation is made for the benefit of more than one person, the husband, father or mother whose life is insured may, in the application and policy, or in the declaration of appropriation, apportion the amount of the insurance money as he or she may deem proper. 41-42 V., c. 13, s. 8.

5587. When no apportionment is made, the parties interested share in the insurance as follows:

1. If the insurance is for the benefit of a wife and the children issue of her marriage with the person whose life is insured, one half for her and the other half for their children, who subdivide equally;

2. If for the benefit of a wife and her children, one half for the wife and the other half for her children, (whether issue of the same or of different marriages,) who subdivide equally;

3. If for the benefit of a wife and her husband's children, one half for the wife and the other half for the children of her husband, (whether issue of the same or of different marriages,) who subdivide equally;

4. If for the benefit of a wife and her husband's and her own children, one half for the wife and the other half for his children and for her children, (whether issue of their or of other marriages,) such children subdividing equally;

5. If for the benefit of a wife and one or more children specified by name, one half for the wife and the other half for such child, or for such children, who subdivide equally;

6. If for the benefit of children only generally, equally between the children of the parent whose life was insured, (whether issue of the same or different marriages);

7. If for the benefit of several children specified by name, equally between them. 41-42 V., c. 13, s. 9.

the insured.

5588. When any,child, specified by name or included gener- When a child ally, predeceases the person whose life is insured, the descen- predeceases dants of such predeceased child take his or her share by representation. 41-42 V., c. 13, s. 10.

made.

5589. When the insurance is effected or the appropriation If no apporis made without apportionment in favor of several children, tionment whether it be jointly with a wife or in favor of children alone, if any of such children predecease the person whose life is insured, without issue, accretion takes place in favor of the surviving children.

husband.

When the insurance effected or appropriation made without If wife preapportionment is in favor of a wife and a child or children, if deceases her the wife predeceases her husband, accretion takes place in favor of the child or children; and if the child or all the children pre- If children decease the husband, accretion takes place in favor of the wife. predecease. 41-42 V., c. 13, s. 11.

6.-Revocation of benefits conferred.

be revoked.

5590. It shall be lawful for any party who has effected Benefit may an insurance or who has appropriated a policy of insurance, for the benefit of a wife or of a wife and child or children, or of a child or children, at any time and from time to time thereafter, to revoke the benefit conferred by such insurance or appropriation, either as to one or more or as to all of the persons intended to be benefited, and to declare in the revocation that the policy shall be for the benefit only of the persons not Declaration. excluded by the revocation, or for the benefit of such persons not excluded, jointly with another or others, or entirely for the benefit of another or others not originally named or benefited.

Such other or others must be a person or persons for whose Proviso. benefit an insurance may be effected or appropriated under these provisions. 41-42 V., c. 13, s. 12.

5591. Such revocation may be made either by an instru- Revocation, ment to be attached to the policy and of which a dupli- how made. cate must be filed with the company which issued the policy, and a note of the filing of such duplicate must be endorsed by the company on the policy, or on the instrument retained, or by will, of which, after the party's death, an authentic copy must be signified upon the company.

In default of such duplicate being filed or of such copy being In default of signified, the company will be validly discharged by paying the fyling, payinsurance money according to the terms and directions of the ment by policy or of the declaration, or of a previous revocation. 41-42 V., c. 13, s. 13.

company.