seizure by creditors of members or beneficiaries," is like every other exemption, purely of statutory creation; and the nature, character and extent of the several exemptions vary with the varying bent of the legislative mind in the several states. And beneficiary societies doing business throughout a number of states have learned the awful force of the old saying, "Many men are of many minds."

Many of the states have a provision that the proceeds of life insurance policies shall be exempt from seizure by the creditors of the insured or beneficiary, while other states have special statute. with regard to the fund arising from fraternal society certificates.

In the following brief abstract of the provisions of the several states, I possibly have not been able in every instance to give the latest legislative expression, but I have done so as far as the means. at my command permitted.

ALABAMA.

By the Code of Alabama (1896), Section 2607, it is provided: Any person may insure his or her own life for the sole benefit of their estate, wife, husband, children or others; and the amount of insurance becoming due shall be exempt from all creditors of the insured or beneficiary and must be paid to the beneficiary or assigns.

This provision, the only one I am able to find, is broad enough to cover funds of fraternal societies, the courts having held, as I understand, that these funds are "life insurance."

ARKANSAS.

The statute of Arkansas of 1894, (Sandels & Hill), is rather peculiar. Under the chapter entitled "Married Women," Section 4944, it is provided:

It shall be lawful for any married woman in her name or in the name of a trustee, to cause to be insured for her sole use, the life of her husband, and the sum or amount of insurance "shall be free from the claims of the representatives of the husband, or of any of his creditors; but such exemption shall not apply where the amount of premium annually paid out of the funds of property of the husband shall exceed the sum of three hundred dollars.'

It will be noticed that this statute is limited in its operation. It allows:

First. Any married woman to cause to be insured the life of her husband.

Second. The amount of insurance so payable shall be free from the claims of the representatives of the husband or any of his creditors; and

Third. Such exemptions shall not apply where the amount of premium annually paid out of the funds or property of the husband exceed three hundred dollars.

This statute at once raises a number of questions:

1.

What would be the effect if the husband insured his life in favor of his wife?

2. There is no exemption as against the creditors of the wife.

3. The amount of insurance exempt is such an amount as three hundred dollars annually paid out of the property or funds of the husband will buy.

What would be the effect if the wife herself paid the premiums out of her own funds or property?

This statute does not appear to me to be a very useful one.

CALIFORNIA.

The Code of Civil Procedure (1893), Section 690, provides: "The following property is exempt from execution."

Paragraph 18. "All monies, benefits, privileges, or immunities, accruing or in any manner growing out of any life insurance," provided the annual premiums do not exceed five hundred dollars. Or if they do, then such a proportion as to the monies, etc., so accruing, that said five hundred dollars bears to the whole annual premiums paid.

This, I take it, is an exemption clearly in favor of the beneficiary, to the amount of the premiums above mentioned.

COLORADO.

Mills Annotated Statutes of Colorado (1891), Sections 2238 et.. seq., regulates companies formed to carry on the business of life insurance on the assessment plan.

Section 2246 provides: The money or other benefit, charity, relief, or aid, to be paid, "shall not be liable to attachment or other

process, and shall not be seized, taken, appropriated, or applied by any legal or equitable process, nor by operation of law, to pay any debt or liability of a policy or certificate holder, or any beneficiary named therein.

This is substantially the language of the Fraternal Congress Act.

CONNECTICUT.

In the General Statutes of Connecticut (1902), Chapter 209, regulates "Secret and Fraternal Societies."

Section 3588 of that chapter provides: The money or other benefit to be paid by any society authorized to do business under this chapter shall not be liable to attachment by trustee or other process, and shall not be seized, taken, appropriated, or applied, under any legal or equitable process, not by operation of law, to pay any debt or liability of a certificate-holder of any beneficiary named therein. This section shall apply to all fraternal societies legally doing business in this state, including the societies and organizations referred to in Section 3592.

Section 4548 makes provision for the exemption of other life insurance, not necessary to detail here.

DISTRICT OF COLUMBIA.

March 3, 1901, Congress passed "An act to establish a code of law for the District of Columbia."

Sub-chapter XII regulates "Fraternal Beneficiary Associations." Section 759 is a very broad and general exemption of the fund from any process to subject the same to any debt or liability of a certificate holder or beneficiary or any person who may have any right thereunder.

DELAWARE.

I was unable to find any statutes in Delaware exempting insurance money from seizure by creditors.

FLORIDA.

Florida seems to have no authority except this.

GEORGIA.

Article IX, sub-division I, under statute 3331 of the State of Georgia, provides: There shall be exempt from levy or sale by virtue

of any process whatever, under the laws of this state to every head of a family or guardian of a family of minor children, and various other classes, naming them, property, realty, or personalty, or both, to the value in the aggregate of sixteen hundred dollars, which provision would probably exempt the funds of benefit societies, in accordance with that law. But I find no express authorities exempting these funds.

IDAHO.

Section 3542 of the Code of Civil Procedure provides: The following property belonging to an actual resident of the state is exempt from execution, except as herein otherwise specially provided. And by paragraph 9 there is a provision substantially similar to that in the California Code.

ILLINOIS.

I have had access here to Hurd's R. S. (1905), Section 263, on page 1,226, contains a broad general provision exempting benefit funds paid by fraternal societies, from being taken, appropriated, or applied by any legal or equitable process, or by operation of law, to pay any debt or liability of a certificate holder or beneficiary, or any person who may have a right thereunder.

See the construction placed on this Section in Martin vs Martin, 187 Ill., 200.

INDIANA.

Indiana has an act regulating fraternal societies, Burns' Annotated Indiana Statutes (1908), volume 2, beginning with Section 5043. The provisions of Section 5055 contain a broad general exemption in favor of the certificate holder or beneficiary, or any person who may have any right thereunder, the language being quite similar to the Illinois act.

IOWA.

Section 1805 of the Annotated Code of Iowa (1897), exempts funds arising under the policy of a life insurance company. Chapter 9 regulates fraternal beneficiary societies. Section 1828 provides:

"The proceeds of any beneficiary certificate issued by any such association, and of any claims for benefit, shall be exempt from execution of attachment, to the same extent as the proceeds of any policy of life or endowment insurance, as is now or may hereafter be provided by the laws of this state.

KANSAS.

General Statutes of Kansas (Dassler, 1909), Section 4303 et seq. regulates "fraternal beneficiary societies."

Section 4313 provides that the money or the benefit, etc., paid or provided by any association, and the reserve or emergency fund of any such association, shall not be liable to attachment, etc., and shall not be seized, taken, etc., to pay any debt or liability of a certificate holder or of any beneficiary or of any person having a right thereto, and shall be exempt from all taxes.

It will be noticed that this section exempts not only the fund paid to beneficiaries, but also the reserve or emergency fund of any such association, and that it also exempts both from all taxes.

KENTUCKY.

Kentucky has no general statute regulating fraternal societies. It has pretty full provision regulating "assessment or co-operative life insurance companies." Section 660 et seq. of Kentucky (Carroll, 1909). These sections which are similiar in their provisions to the Fraternal Congress Act, contain (671) a provision exempting the money or relief paid by them from seizure "to pay any debt or liability of a member." No exemption in favor of a beneficiary.

Section 679 of sub-division III, however, contains this proviso : "But the provisions of this section and this sub-division shall not apply to secret or fraternal societies, lodges or councils, which are under the supervision of a grand or supreme body and secure members through the lodge system exclusively, and pay no commission or employ any agents except in organization and supervision of the work of local subordinate lodges or councils.

This last quoted proviso would seem to be broad enough to exempt the funds of fraternal societies from the favor of Section 671. I find no other exemption in the Kentucky statutes.

LOUISIANA.

I was unable to find anything in the laws of Louisiana bearing upon the subject under consideration.

MAINE.

"Revised Statutes of Maine" (1903). Section 134; beginning on page 500 et seq., regulates fraternal beneficiary societies. Section.