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date of such recording, or if followed by an instrument so recorded specify the date of recording such instrument, and if the security has not been completed by infeftment, here say, the within bond and disposition in security (or assignation, or other deed or conveyance thereof, as the case may be)]. In witness whereof, &c. [insert testing clause in usual form].

SCHEDULE (EE).

Form of a Minute of Removal of the Exclusion of Executors in an
Heritable Security.

I, A.B. [here name and design the creditor], hereby remove the exclusion of executors contained in [or endorsed on] the bond and disposition in security [or assignation, or otherwise, as the case may be, specifying the same as in schedule (DD), or contained in the minute of exclusion of executors (specify date of minute and of recording the same in the register of sasines)]. In witness whereof, &c. [insert a testing clause in usual form].

heirship

$160. From and after the passing of this act no heir of line of a party Right to deceased shall be entitled to claim in that character any portion of the moveables moveable estate of such predecessor as heirship moveables, such claim being hereby abolished.

abolished.

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An Act for the protection of the Property of Married Women in Scotland.1

[2d August, 1877.]

Whereas it is just and expedient to protect to the extent hereinafter provided for the property of married women in Scotland: 2

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

ment of Act.

1. This Act shall commence and take effect from and after the first Commenceday of January one thousand eight hundred and seventy-eight.

2. This Act shall extend to Scotland only.3

N

Extent of Act.

Protection of earnings of married

women.

Liability of husband for wife's ante

limited to

amount of property received

3. The jus mariti and right of administration of the husband shall be excluded from the wages and earnings of any married woman, acquired or gained by her after the commencement of this Act, in any employment, occupation, or trade in which she is engaged, or in any business which she carries on under her own name, and shall also be excluded from any money or property acquired by her after the commencement of this Act through the exercise of any literary, artistic, or scientific skill, and such wages, earnings, money, or property, and all investments thereof, shall be deemed to be settled to her sole and separate use, and her receipts shall be a good discharge for such wages, earnings, money, or property, and investments thereof.

4. In any marriage which takes place after the commencement of this Act, the liability of the husband for the ante-nuptial debts of his nuptial debts wife shall be limited to the value of any property which he shall have received from, through, or in right of his wife at, or before, or subsequent to, the marriage, and any court in which a husband shall be sued for such debt shall have power to direct any inquiry or proceedings which it may think proper for the purpose of ascertaining the nature, amount, and value of such property.

through her.

Savings.

24 & 25 Vict. c. 86.

37 & 38 Vict. c. 31.

Short title.

5. This Act shall not affect the rights conferred upon a married woman by the Conjugal Rights (Scotland) Amendment Act, 1861, or the Conjugal Rights (Scotland) Amendment Act, 1874.

6. This Act may be cited as "The Married Women's Property (Scotland) Act, 1877."

1 Supra, $$ 74, 75 et seqq.

2 Supra, § 93.

3 The corresponding English law at the time this statute was passed was contained in the Married Women's Property Act, 1870 (33 and 34 Vict. c. 93), and the Married Women's Property Act (1870), Amendment Act, 1874, (37 and 38 Vict. c. 50); repealed and new provisions substituted by the Married Women's Property Act, 1882, 45 and 46 Vict. c. 75. Supra, pp. 53, 78.

Strictly "wages" applies only to the remuneration of domestic servants, artizans, labourers, and the like. Gordon v. Jennings, L. R. 9 Q. B. D. 45. 5 I.e., lawful occupation, supra, p. 48, note 2.

6 Supra, § 76.

7 Supra, p. 54, note 3, p. 82, and p. 186, note. Therefore, if she remarries, the second husband's right of administration will be excluded, thus giving a larger protection than under the M. W. P. Act, 1881. See Buchanan v. Buchanan, 1890, 6 Sh. Co. Rep. 319.

8 Supra, §§ 75, 76, 106; Moore v. Robinson, 48 L. J. 156.

9 Supra, §§ 79, 80, 82, 105.

No. X.

43 and 44 VICTORIA, C. 26.

An Act to extend to Scotland the Facilities for effecting Policies of Assurance for the Benefit of Married Women and Children now in force in England and Ireland.1

[26th August, 1880.]

c. 93.

Whereas by the Married Women's Property Act, 1870,2 increased 33 & 34 Vict. facilities are given for effecting policies of assurance for the benefit of married women and children in England and Ireland :

And whereas it is expedient that such increased facilities for effecting policies of assurance for the benefit of married women and children should be extended to Scotland:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

woman may

of assurance for her

1. A married woman may effect a policy of assurance, on her own Married life or on the life of her husband, for her separate use 3 and the same effect policy and all benefit thereof, if expressed to be for her separate use, shall, immediately on being so effected, vest in her, and shall be payable to her, separate use. and her heirs, executors, and assignees, excluding the jus mariti and right of administration of her husband, and shall be assignable by her either inter vivos or mortis causa without consent of her husband; and the contract in such policy shall be as valid and effectual as if made with an unmarried woman.

6

2. A policy of assurance effected by any married man on his own life, and expressed upon the face of it to be for the benefit of his wife or of his children, or of his wife and children,7 shall, together with all benefit thereof, be deemed a trust for the benefit of his wife for her separate use, or for the benefit of his children, or for the benefit of his wife and children; and such policy, immediately on its being so effected, shall vest in him and his legal representatives in trust for the purpose or purposes so expressed, or in any trustee nominated in the policy, or appointed by separate writing duly intimated to the assurance office, 10 but in trust always as aforesaid, and shall not otherwise be subject to his control, or form part of his estate," or be liable to the diligence of his creditors, or be revocable as a donation, 12 or reducible on any ground of excess or insolvency: 13 And the receipt of such trustee for the sums secured by the policy, or for the value thereof, in whole

Policy of

assurance may

be effected in

trust for wife

and children.

Application and short

title of Act.

or in part, shall be a sufficient and effectual discharge to the assurance office: 14 Provided always, that if it shall be proved that the policy was effected and premiums thereon 15 paid with intent to defraud creditors, or if the person upon whose life the policy is effected shall be made bankrupt within two years from the date of such policy, it shall be competent to the creditors to claim repayment of the premiums so paid from the trustee of the policy out of the proceeds thereof. 16

3. This Act shall apply only to Scotland, and may be cited as the Married Women's Policies of Assurance (Scotland) Act, 1880.

1 Supra, § 83.

2 Repealed by the Married Women's Property Act, 1882, which (sec. 11) re-enacted the same provisions with some modification.

3 Supra, §§ 83, 86, and p. 186, note 4, p. 194, note 7.

"Such separate use will operate not merely during the interval between the husband's death and the time when she receives the money, but at any subsequent time if she marries again, and the capital fund or any part of it remains undisposed of." Per North J. in Re Seyton, L. R. 34 Ch. D. 516. Such property therefore will have a larger protection than under the M. W. P. Act, 1881. It will be independent of the husband's right of administration as well as of his jus mariti.

See the Conjugal Rights Amendment Act, 1861, § 6 (supra, p. 52), as to property acquired by a married woman during the subsistence of a Protection Order, if such order drops.

Supra, §§ 100, 106, and p. 186, note *.

5 The necessary result of the exclusion of the right of administration. It is not excluded under the Act of 1880, so that the husband's consent is necessary as regards property protected by that Act.

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8 The reference to the wife's separate use does not prevent her taking a share of capital. A policy narrated that A. B. was desirous of assuring his life under the provisions of the corresponding English enactment (33 and 34 Vict. c. 93, § 10) for the benefit of his wife, C. B., and of the children of the marriage, and certified that under the provisions of the Act the said C. B. and the children of the marriage, whom failing the heirs, administrators, or assigns of the said A. B., should be entitled to receive a certain sum at the end of six months after the decease of A. B. A. B. died 1st April, 1886, survived by his wife and five children. There were seven children of the marriage; one had died before the policy was effected, another died an infant in the lifetime of A. B., a third died shortly after A. B. under age. Held that the child who died after the father might be disregarded, and that the widow and four remaining children took as joint tenants and not as in a case of intestacy. Re Seyton, L. R. 34 Ch. D. 511; explaining In re Mellor's Policy Trusts, L. R. 7 Ch. D. 200; and dissenting from Re Adam's Policy Trusts, L. R. 23 Ch. D. 525.

The appointment of trustees is not a necessity. The Act "merely provides machinery by which the Assurance Company may get a valid discharge, without having to see to the execution of the trust. Per North, J. in Re Seyton, L. R. 34 Ch. D. 516.

The English Act made special provision for the appointment of trustees by the Court, in case of need. In Scotland the matter rests upon the common law and the Trusts (Scotland) Act, 1867 (30 and 31 Vict. c. 97, § 11).

Pearson, J. in Re Howson's Policy Trusts, W. N. 1885, p. 213, declined to appoint a sole trustee where infants were concerned. In Schultze v. Schultze, 82 L. T. Journal, 301, 315, it was held that although the Act provided only for the appointment of one trustee the Court had power under its general jurisdiction to appoint more, and two were appointed. The M. W. P. Act, 1882, now gives (sec. 11) the Court express power to appoint

more than one trustee.

10 A policy in terms of the Act is not liable to stamp duty as a

ment.

11 Supra, §§ 87, 193.

12 Supra, §§ 86, 87, 193, 197.

13 Supra, §§ 193, 197.

14 Supra, § 84.

"settle.

15 If a man having an ordinary policy on his own life, such policy being then of no substantial value, surrenders it, and takes in substitution a policy under the Act for the benefit of his wife, it will be protected, although the latter may have some incidental advantage through the surrender, e.g., antedating the time from which it should be entitled to participate in premiums. Holt v. Everall, L. R. 2 Ch. D. 266. If the policy surrendered was of substantial value, and was accepted as part payment of the premium on the new policy, the creditors of the husband have their rights under this part of the section. Ib.

16 Supra, § 193.

No. XI.

44 and 45 VICTORIA, C. 21.

An Act for the Amendment of the Law regarding Property of Married

Women in Scotland. 1

[18th July, 1881.]

c. 29.

Whereas an Act was passed in the fortieth year of the reign of Her 40 & 41 Vict. present Majesty, entitled the Married Women's Property (Scotland) Act, and it is just and expedient to protect, to the further extent hereinafter provided for, the property of married women in Scotland: Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

after date of

1. (1.) Where a marriage is contracted after the passing of this Act, Wife married and the husband shall, at the time of the marriage, have his domicile Act to have separate in Scotland,3 the whole moveable or personal estate of the wife, whether estate in

moveables.

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