Power to sur

16. If a person who has heretofore effected, or who hereafter render policy. effects, an insurance for the purposes contemplated by this Act, whether the purpose appears by the terms of the policy or by endorsement 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 or either of them. 47 V. c. 20, s. 16.

Power to borrow on the policy.

Insured may

17. 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 shall be applied to keep the policy in force, and 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, shall, so long as the policy remains in force, be a first lien on the policy and on all money's payable thereunder, notwithstanding any declaration or direction in favour of the wife and children, or any or either of them. 47 V. c. 20, s. 17.

the

18. Any person insured under the provisions of this Act, direct applica- may, in writing, require the insurance company to pay and profits. 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 applica tion therefor. This section applies to policies made before the 4th day of March, 1881, and to bonuses and profits then declared in respect of such policies, as well as to policies thereafter made and hereafter to be made. 47 V. c. 20, s. 18.

Proviso.

As to actions for insurance money.

of the

19. In case of several actions being brought for insurance money, the Court is to consolidate or otherwise deal therewith so that there shall be but one action for and in respect 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 entitled, 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 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. 47 V. c. 20, s. 19.

ss.

20. The provisions of sections 12, 15 and 19 of this Act Application of shall extend, and are hereby declared to have been intended to 8, 12, 15 and extend, and apply to cases where the insured died before the 25th day of March, 1884, as well as to cases arising subsequent thereto. 48 V. c. 28, S. 4.

declaration,

etc., required,

21. No declaration, or apportionment affecting the insur- Notice of ance money, or any portion thereof, nor any appointment or revocation of a trustee made after the 25th day of March, 1884, 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 endorsation 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 endorsation had not been made. 47 V. c. 20, s. 20.

22. If the policy was effected and premiums paid by the Fraud in insured with intent to defraud his creditors, the creditors shall payment of premiums. be entitled to receive out of the sum secured an amount equal to the premiums so paid. 47 V. c. 20, s. 21.

affect other

23. Nothing contained in this Act shall be held or construed Act not to to restrict or interfere with the right of any person to effect or modes of assign a policy for the benefit of his wife or children or some assignment. or one of them, in any other mode allowed by law. 47 V. c. 20, s. 22.

24. Where all the persons entitled to be benefited under Power of any policy are of full age, they and the person insured may insured and surrender the policy, or assign the same, either absolutely or by with policy. way of security. 47 V. c. 20, s. 23.

tled to benefit

25. Where the declaration endorsed upon or attached to Who deemed any policy of insurance to which this Act applies, whether person enti such declaration has heretofore been or shall hereafter be made, of policy for provides that the policy shall be for the benefit of a person, purpose of s.24, 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 Act, the person entitled to be benefited under such policy. 48 V. c. 28,

8. 2.

H

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Court may

to custody of

access to infants.

CUSTODY OF INFANTS.

1.-(1) The High Court or Surrogate Court, or any Judge of make order as either Court, may, upon the application of the mother of an and right of infant (who may so apply without next friend) make such order as the Court or Judge sees fit regarding the custody of the infant, and the right of access thereto of either parent, having regard to the welfare of the infant, and to the conduct of the parents, and to the wishes as well of the mother as of the father, and may afterwards alter, vary or discharge the order on the application of either parent, or, after the death of either parent, or any guardian under the Act, and in every case may make such order respecting the costs of the mother and the liability of the father for the same, or otherwise as to costs as the Court or Judge may think just.

Order as to

(2) The Court or Judge may also make order for the maintenance. maintenance of the infant by payment by the father thereof, or by payment out of any estate to which the infant is

entitled, of such sum or sums of money from time to time as according to the pecuniary circumstances of the father or the value of the estate the Court or Judge thinks just and reasonable. 50 V. c. 21, s. 1.

favour of

2. No order directing that the mother shall have the cus- Order not to tody of or access to an infant shall be made by virtue of this be made in Act, in favour of a mother against whom adultery has been mother guilty established by judgment in an action for criminal conversation of adultery. at the suit of her husband against any person. R. S. O. 1877, c. 130, s. 4.

INFANT'S REAL ESTATE.

3.—(1) Where an infant is seised or possessed of or entitled to A sale of the any real estate in fee or for a term of years, or otherwise how- estate of infants may be soever, in Ontario, and the High Court is of opinion that a sale, authorized. lease or other disposition of the same, or of a part thereof, is necessary or proper for the maintenance or education of the infant, or that, by reason of any part of the property being exposed to waste and dilapidation, or to depreciation from any other cause, his interest requires or will be substantially promoted by such disposition, the Court may order the sale, or the letting for a term of years, or other disposition of such real estate, or any part thereof, to be made under the direction of the Court or one of its officers, or by the guardian of the infant, or by a person appointed by the Court for the purpose, in such manner and with such restrictions as to the Court may seem expedient, and may order the infant to convey the estate as the Court thinks proper. R. S. O. 1877, c. 40, s. 76.

devise.

(2) But no sale, lease, or other disposition shall be made No sale conagainst the provisions of a will or conveyance by which the trary to a estate has been devised or granted to the infant or for his use. R. S. O. 1877, c. 40, s. 77.

next friend or

4. The application shall be in the name of the infant by his The applicanext friend, or by his guardian; but shall not be made without tion to be by the consent of the infant if he is of the age of fourteen years guardian. or upwards. R. S. O. 1877, c. 40, s. 78.

stitute

may

5. Where the Court deems it convenient that a conveyance When a subshould be executed by some person in the place of an infant, appointed the Court may direct some other person in the place of the to convey. infant to convey the estate. R. S. Ö. 1877, c. 40, s. 79.

be

of infants to be

6. Every such conveyance, whether executed by the infant Deeds exeor some person appointed to execute the same in his place, shall cuted in behalf be as effectual as if the infant had executed the same, and had valid. been of the age of twenty-one years at the time. R. S. O. 1877, c. 40, s. 80.

The Court to

7. The moneys arising from such sale, lease or other disdirect the ap- position shall be laid out, applied and disposed of in such manner as the Court directs. R. S. O. 1877, c. 40, s. 81.

plication of proceeds.

8. On any sale or other disposition so made, the money raised, or the surplus thereof, shall be of the same nature and character as the estate sold or disposed of; and the heirs, next of kin, or other representatives of the infant, shall have the like interest in any surplus which may remain of the money at the decease of the infant, as they would have had in the estate sold or disposed of, if no sale or other disposition had been made thereof. R. S. O. 1877, c. 40, s. 82.

9. If any real estate of an infant is subject to dower, and the person entitled to dower consents in writing to accept in lieu of dower any gross sum which the Court thinks reasonable, or the permanent investment of a reasonable sum in such manner that the interest thereof be made payable to the person entitled to dower during her life, the Court or Judge may direct the payment of such sum in gross, out of the purchase money to the person entitled to dower, as may be deemed upon the principles applicable to life annuities a reasonable satisfaction for such estate; or may direct the payment to the person entitled to dower of an annual sum, or of the income or interest to be derived from the purchase money, or any part thereof, as may seem just, and for that purpose may make such order for the investment or other disposition of the purchase money, or any part thereof, as may be necessary. R. S. O. 1877, c. 40. s. 83; 42 V. c. 22, s. 5 (3).

APPOINTMENT OF GUARDIANS.

10. The Surrogate Court for the county within which an infant resides may appoint the father of the infant to be guardian; or may with the consent of the father appoint some other suitable person or persons; but if the infant is of the age of fourteen years or over, neither of such appointments shall be made without the consent of the infant; or, if the infant have no father living or any legal guardian authorized by law to take the care of his person and the charge of his estate, the said Court may appoint a guardian or guardians of the infant; and letters of guardianship granted by a Surrogate Court shall have force and effect in all parts of Ontario; and an official certificate of the grant may be obtained as in the case of letters of administration; and a return of every appointment and removal of a guardian shall be made by registrars respectively to the Surrogate Clerk in like manner as is required by The Surrogate Courts Act in the case of grants of probate or administration; but this section shall not be construed as depriving the High Court of jurisdiction in such matters. R. S. O. 1877, c. 132, s. 1; 44 V. c. 10, ss. 10, 12.