any moneys so deposited or invested may be followed as if this Act had not passed. 11. A married woman may by virtue of the power of making contracts herein- before contained effect a policy upon her own life or the life of her husband for her separate use ; and the same and all benefit thereof shall ensue accordingly. A policy of assurance affected by any man on his own life, and expressed to be for the benefit of his wife, or of his child- ren, or of his wife and children, or any of them, or by any woman on her own life, and expressed to be for the benefit of her husband, or of her children, or of her hus- band and children, or any of them, shall create a trust in favour of the objects therein named, and the moneys payable under any such policy shall not, so long as any object of the trust remains unper- formed, form part of the estate of the insured, or be subject to her debts : Pro- vided, that if it shall be proved that the policy was effected and the premiums paid with intent to defraud the creditors of the insured, they shall be entitled to receive, out of the moneys payable under the policy, a sum equal to the premiums so paid. The insured may by the policy, or bv any mem- orandum under bis or lier hand, appoint a trustee or trustees of the moneys payable under the policy, and from time to time appoint a new trustee or trustees thereof, and may make provision for the appoint- ment of a new trustee or new trustees thereof, and for the investment of the moneys payable under any such policy. In default of any such appointment of a trustee, such policy, immediately on its MAR MAR 252 being effected, shall vest in the insured Mad his or her legal personal representa- tives, in trust for the purposes aforesaid. If, at any time of the death of the insured, or at any time afterwards, there shall be 00 trustee, or it shall be expedient to ap- point a new trustee or new trustees, a trustee or trustees or a new trustee or new trustees may be appointed by any court having jurisdiction under the provisions of the Trustee Act, 1850, or the Acts amending and extending the same. The receipt of a trustee or trustees duly appointed, or. In default of any such appointment, or in default of notice to the insurance office, the receipt of the legal personal representa- tive of the insured shall be a discharge to the office for the sum secured by the policy, or for the value thereof, in whole or in part. 12. Every woman, whether married be- fore or after this Act, shall have in her own name against all persons whomsoever, in- cluding her husband, the same civil reme- dies, and also (subject, as regards her bus- band, to the proviso herein-after contained) the same remedies and redress by way of criminal proceedings, for the protection and security of her own separate property, as if such property belonged to her as a feme sole, but, except as aforesaid, no hus- band or wife shall be entitled to sue the other for a tort. In any indictment or other proceeding under this section it shall be sufficient to allege such property to be her property; and in any proceeding nuder this section a husband or wife shall be competent to give evidence against each other, any statute or rule of law to the con- trary notwithstanding: Provided always, that no criminal proceeding shall be taken by any wife against her husband by virtue of this Act while they are l

AI-modernized reading of the original text

any moneys so deposited or invested may be followed as if this Act had not passed. 11. A married woman may by virtue of the power of making contracts hereinbefore contained effect a policy upon her own life or the life of her husband for her separate use ; and the same and all benefit thereof shall ensue accordingly. A policy of assurance affected by any man on his own life, and expressed to be for the benefit of his wife, or of his children, or of his wife and children, or any of them, or by any woman on her own life, and expressed to be for the benefit of her husband, or of her children, or of her husband and children, or any of them, shall create a trust in favour of the objects therein named, and the moneys payable under any such policy shall not, so long as any object of the trust remains unperformed, form part of the estate of the insured, or be subject to her debts : Provided, that if it shall be proved that the policy was effected and the premiums paid with intent to defraud the creditors of the insured, they shall be entitled to receive, out of the moneys payable under the policy, a sum equal to the premiums so paid. The insured may by the policy, or bv any memorandum under bis or lier hand, appoint a trustee or trustees of the moneys payable under the policy, and from time to time appoint a new trustee or trustees thereof, and may make provision for the appointment of a new trustee or new trustees thereof, and for the investment of the moneys payable under any such policy. In default of any such appointment of a trustee, such policy, immediately on its MAR MAR being effected, shall vest in the insured and his or her legal personal representatives, in trust for the purposes aforesaid. If, at any time of the death of the insured, or at any time afterwards, there shall be 00 trustee, or it shall be expedient to appoint a new trustee or new trustees, a trustee or trustees or a new trustee or new trustees may be appointed by any court having jurisdiction under the provisions of the Trustee Act, 1850, or the Acts amending and extending the same. The receipt of a trustee or trustees duly appointed, or. In default of any such appointment, or in default of notice to the insurance office, the receipt of the legal personal representative of the insured shall be a discharge to the office for the sum secured by the policy, or for the value thereof, in whole or in part. 12. Every woman, whether married before or after this Act, shall have in her own name against all persons whomsoever, including her husband, the same civil remedies, and also (subject, as regards her busband, to the proviso herein-after contained) the same remedies and redress by way of criminal proceedings, for the protection and security of her own separate property, as if such property belonged to her as a feme sole, but, except as aforesaid, no husband or wife shall be entitled to sue the other for a tort. In any indictment or other proceeding under this section it shall be sufficient to allege such property to be her property; and in any proceeding nuder this section a husband or wife shall be competent to give evidence against each other, any statute or rule of law to the contrary notwithstanding: Provided always, that no criminal proceeding shall be taken by any wife against her husband by virtue of this Act while they are l

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