48 HUSBAND AND WIFE. [ART. 45.

ted or detained for treason or felony plainly expressed in the war-
rant of commitment, or be not convict or in execution by legal
process; and provided, that if the person detained be so detained
under color of a warrant of commitment, the petition presented
by him or on his behalf be accompanied by a copy of the war-
rant of commitment or detainer or cause of commitment or de-
tainer, or otherwise by an affidavit that a copy thereof was de-
manded by him of the person in whose custody the prisoner is
detained, and the same was neglected or refused to be given; and
provided, that if the detainer is on any other color or pretence,
there be probable ground shown to the court or judge that the
person by or on whose behalf the said application is made, is de-
tained without just cause; but nothing herein shall prevent the
issuing of a writ of habeas corpus at the instance of a person ar-
rested on a charge of any offence which is bailable by law, in
order that he may be discharged on bail in the usual course of
law.

ARTICLE XLV.

Husband and Wife.

The Act of 1862, ch. 9, repeals section B of this Article, and substitutes the following:

SEC. 1. Any married woman, by herself and in her name, or
in the name of any third person, with his assent, as her trustee,
may cause to be insured for her sole use, the life of her hus-
band for any definite period, or for the term of his natural life;
and any husband may cause his own life to be insured for the
sole use of his wife, and may also assign any policy of insurance
upon his own life, to his wife, for her sole use; and in case of
the wife surviving her husband, the sum or net amount of such
insurance becoming due and payable by the terms of the insur-
ance, shall be payable to her for her own use, free from the
claims of the representatives of her husband, or any of his
creditors.