Page images
PDF
EPUB

should be published at intervals exceeding one week had offered to publish such apology in any newspaper or periodical to be selected by the plaintiff,

Other sections relate to the punishment of publishers of libels, and proceedings on prosecution for defamatory libels, &c.

Payment into court.

An Act to Amend the 6 & 7 Vict. c. 96.

8 & 9 Vict. c. 75. 2. If such plea as mentioned in the 6 & 7 Vict. c. 96, sect. 2, be filed without payment of money into court by way of amends, the plaintiff may treat it as a nullity.

Newspaper reports of certain meetings privileged.

Newspaper Libel and Registration Act, 1881.

44 & 45 VICT. 0. 60. (a)
1. Interpretation of the terms used in the Act.

2. Any report published in any newspaper of the proceedings of a public meeting shall be privileged, if such meeting was lawfully convened for a lawful purpose and open to the public, and if such report was fair and accurate, and published without malice, and if the publication of the matter complained of was for the public benefit; provided always, that the protection intended to be afforded by this section shall not be available as a defence in any proceeding, if the plaintiff or prosecutor can show that the defendant has refused to insert in the newspaper in which the report containing the matter complained of appeared a reasonable letter or statement of explanation or contradiction by or on behalf of such plaintiff or prosecutor.

LIFE ASSURANCE.
An Act for regulating Insurances upon Lives, and for pro-

hibiting all such Insurances, except in cases where the
Persons Insuring shall have an Interest in the Life or
Death of the Persons Insured.

14 Geo. 3, 0. 48. (6) 1. No insurance shall be made by any person or persons, be made unless bodies politic or corporate, on the life or lives of any person or

[ocr errors]

persons, or on any other event or events whatsoever, wherein the

No insurance to

interest exists.

a) For other sections of this Act, see post, Part IV.

5) See Dalby v. The India and London Life Assurance Company and 1,otos ("Student's Leading Cases,” p. 101).

person or persons for whose use, benefit, or on whose account such policy or policies shall be made shall have no interest, or by way of gaming or wagering, and every assurance made contrary to the true intent and meaning hereof shall be null and void to all intents and purposes whatsoever.

2. It shall not be lawful to make any policy or policies on Names to be inthe life or lives of any person or persons, or other event or events, serted in policies. without inserting in such policy or policies the person or persons' name or names interested therein, or for whose use, benefit, or on whose account such policy is so made or underwrote.

3. In all cases where the insured hath interest in such life or Amount recoverlives, event or events, no greater sum shall be recovered or received from the insurer or insurers, than the amount or value of the interest of the insured in such life or lives or other event or events.

4. Provided always, that nothing herein contained shall extend Saving. to insurances bonâ fide made on ships, goods, or merchandises.

able.

.

The Policies of Assurance Act, 1867.

30 & 31 Vict. c. 144. 1. Any person or corporation entitled by assignment or other Assignees may derivative title to a policy of life assurance, and possessing at the suming their own time of action brought the right in equity to receive and give an effectual discharge for the moneys thereby assured, may sue at law in the name of such person or corporation to recover such moneys.

2. In any action on such policy a defence on equitable grounds Equitable or reply to such defence may be respectively pleaded and relied defence. upon as in any other personal action.

3. No such assignment shall confer on the assignee the right Notice. to sue for the moneys assured thereby until notice of the date and purport of the assignment shall have been given to the assurance company; and the date on which notice shall be received shall regulate the priority of claims. Payment bona fide made by the company before notice shall be valid against the assignee.

5. The assignment may be indorsed on the policy, or may be assignment. by a separate instrument in the words or to the effect set forth in the schedule hereto, such indorsement or separate instrument being duly stamped.

6. The insurance company shall upon request, and upon Fee. payment of a fee not exceeding 58., deliver an acknowledgent of the receipt of the notice which shall be evidence thereof.

8. This Act shall not apply to any policy granted or to be Noa-application granted, or to any contract for a payment on death entered into of Act.

N

or to be entered into in pursuance of the 16 & 17 Vict. c. 45, and the 27 & 28 Vict. c. 43, or either of those Acts, or to any engagement for payment on death by any friendly society.

SCHEDULE. I, A.B. of, &c., in consideration of, &c., do hereby assign unto C.D. of, &c., his executors, administrators, and assigns, the (within] policy of assurance granted, &c., [Here describe the policy]. In witness, &c.

not to

estate of the

Vict. c. 60.

[ocr errors]

The Married Women's Property Act, 1882.

45 & 46 Vict. c. 75. Moneys payable 11. A married woman may by virtue of the power of making under policy of contracts herein before contained effect a policy upon her own life form part of or the life of her husband for her separate use; and the same and insured—13 & 14 all benefit thereof shall enure accordingly.

A policy of assurance effected 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 un performed, form part of the estate of the insured, or be subject to his or 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 equivalent to the premiums so paid.

The insured may by the policy, or by any memorandum under his or her hand, appoint a trustee or trustees of the moneys payable under the policy, and from time to time appoint a new trustee or new 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 being effected, shall vest in the insured and his or her legal personal representatives, in trust for the purposes aforesaid. If, at the time of the death of the insured, or at any time afterwards, there shall be no 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

[ocr errors]

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.

LIMITATION OF ACTIONS (REAL PROPERTY).
An Act for the Limitation of Actions and Suits relating

to Real Property, and for simplifying the Remedies
for trying the Rights thereto.

3 & 4 WILL. 4, c. 27. 3. In the construction of this Act, the right to make an entry When right to or distress, or bring an action to recover any land or rent (a) rent is deemed, shall be deemed to have first accrued at such time as follows, have accrued. viz. :

When the claimant, or some person through whom he claims, shall, in respect of the estate or interest claimed, have been in possession, or in receipt of the profits or rent, and shall, while entitled thereto, have been dispossessed, or have discontinued such possession or receipt, then such right shall be deemed to have first accrued at the time of such dispossession or discontinuance of possession, or at the last time at which any such profits or rent were or was so received.

When the claimant shall claim the estate or interest of some deceased person who shall have continued in such possession or receipt, in respect of the same estate or interest, until his death, and shall have been the last person entitled to the same who shall have been in such possession or receipt, then such right shall be deemed to have first accrued at the time of such death.

When the claimant shall claim in respect of an estate or interest in possession, granted, appointed, or otherwise assured by any instrument (other than a will), to him, or some person through whom he claims, by a person being, in respect of the same estate or interest, in the possession or receipt of the profits or rent, and no person entitled under such instrument shall have been in such possession or receipt, then such right shall be deemed to have first accrued at the time at which the claimant or person through whom he claims became entitled to such possession or receipt, by virtue of such instrument.

When the estate or interest claimed shall have been an estate or interest in reversion or remainder, or other future estate or interest, and no person shall have obtained possession or receipt

(a) As to the moaning of the word "rent" in the different sections of this Act, see 4 Ohitty's Statutes, 4th ed. 107, 108.

remainderman.

of the profits or rent of such land in respect of such estate or interest, then such right shall be deemed to have first accrued at the time at which such estate or interest became an estate or interest in possession.

When the claimant, or the person through whom he claims, shall have become entitled, by reason of any forfeiture or breach of condition, then such right shall be deemed to have first accrued when such forfeiture was incurred, or such condition,

was broken; butReversioner or 4. When advantage of any forfeiture or breach of condition is

not taken by a reversioner or remainderman, his right to make an entry or distress, or bring an action to recover the land or rent, shall be deemed to have first accrued when his estate comes

into possession. Administrator.

6. An administrator shall be deemed to claim as if there had

been no interval of time between the death and the grant. Tenancy at will. 7. When any person shall be in possession or receipt of the

profits or rent of any land as tenant at will, the right of the person entitled, subject thereto, or of the person through whom he claims, to make an entry or distress, or bring an action to recover such land or rent, shall be deemed to have first accrued, either at the determination of such tenancy, or at the expiration of one year next after the commencement of such tenancy, at which time such tenancy shall be deemed to have determined. Proviso: No mortgagor or cestui qui trust shall be deemed to be a tenant at will, within the meaning of this clause, to his mort

gagee or trustee. Tenancy for 8. When any person shall be in possession or in receipt of the lease in writing. profits or rent of any land as tenant from year to year or other

period, without any lease in writing, the right of the person entitled, subject thereto, or of the person through whom he claims, to make an entry or distress, or to bring an action to recover such land or rent, shall be deemed to have first accrued at the determination of the first of such years or other periods, or at the last time when any rent payable in respect of such

tenancy shall have been received (which shall last happen). Lease in writing. 9. When any person shall be in possession or receipt of the

profits of

any

land or the receipt of any rent by virtue of a lease in writing, by which an annual rent of 208. or upwards shall be reserved, and shall have been received by some person wrongfully claiming to be entitled to such land or rent in reversion immediately expectant on the determination of such lease, and no payment in respect of such rent shall afterwards have been made to the person rightfully entitled thereto, the right of the person entitled, subject to such lease, or of the person through whom he claims, to make an entry or distress, or to bring an action after the determination of such lease, shall be deemed to have

« PreviousContinue »