MARRIED WOMEN (DISPOSITION OF PROPERTY) ORDINANCE, 1885

MARRIED WOMEN (DISPOSITION OF PROPERTY) ORDINANCE, 1885

No. 5 of 1885.

An Ordinance to make provision with respect to the dis-
position of property by married women.
[20th May, 1885.]

1. This Ordinance may be cited as the Married Women
(Disposition of Property) Ordinance, 1885.

2. In this Ordinance,

(a) Estate includes an estate in equity as well as at law,
and also includes any interest, charge, lien, or incumbrance
in, upon, or affecting land, either at law or in equity, and
also any interest, charge, lien, or incumbrance in, upon, or
affecting money subject to be invested in the purchase of
land.

(b) Land includes land, messuages, and tenements of
any enture situate within the Colony and any undivided share
thereof.

* As amended by Law Rev. Ord., 1923.
+ As amended by Law Rev. Ord., 1923, and Law Am. Ord., 1923.


(c) Money subject to be invested in the, purchase of
land includes money, whether raised or to be raised, and
whether the amount thereof is or is not, ascertained, and
extends to stocks and funds and real and other securities
the produce of which is directed to be invested in the
purchase of land.

3. A married woman may by deed dispose of any land
and money subject to be invested in the purchase of land,
and also dispose of, disclaim, release, surrender, or ex-
tinguish any estate which she alone, or she and her husband
in her right, may have in any land or in any such money,
also release or extinguish any power which may be
vested in, or limited or to, her in to any
land or to any such money, or in regard to any estate in
any land or in any such money, as fully and effectually as
she could do if she were a feme sole, but no such disposition
disclaimer, release, surrender, or extinguishment shall be
valid and effectual unless her husband concurs in the deed
by which the same is effected, and unless the deed is
acknowledged by her as hereinafter directed: Provided that
the powers of disposition given to a married woman by
this Ordinance shall not interfere with any power which,
independently of this Ordinance, may be vested in, or
limited or reserved to, her, so as to prevent her from
exercising such power in any case, except so far as, by any
disposition made by her under this Ordinance, she may be
Prevented from so doing in consequence of such power
having been suspended or extinguished by such disposition.

4. Every deed to be executed by a married woman for
any of the purposes of this Ordinaince shall, on her executing
the same or afterwards, be produced and ackowledged
by her act and deed before a commissioner, to be
appointed as hereinafter provided.

5. The commissioner, before he shall receive such
acknowledgment, shall examine the woman apart from her
husband touching her knowledge of such deed, and shall
ascertain whether she freely and voluntarily consents to
such deed, and, unless she does so, shall not permit her to
acknowledge the same, and in such case such deed shall,
so far as relates to the execution thereof by such married
woman, be void.























6.-(1) The Chief Justice may, whenever it seems desir-
able to him to do so, appoint one or more commissioners for
taking acknowledgments by married women of the deeds to
be executed by them as aforesaid, and such commissioners
shall be removable by and at the pleasure of the Chief
Justice.

(2) The Chief Justice may also, as occasion may require,
appoint a special commissioner to take the acknowledgment
of any particular married woman in England or in any other
place out of the Colony.

7.-(1) When a married woman acknowledges any such
deed, the commissioner taking such acknowledgment shall
sigA.a niei-norandii-i-n.to be indorsed On, or written at thefoot
or in the margin of, such deed, which memorandum shall
be to the following effect:-

This deed marked [here add some letter or other mark for the
purpose of identification] was this day produced before me
and acknowledued by therein named, to be her act and
deed, previous to which acknowledgment the said was
exatnined by ine separately and apart from her husband touching
her knowledge of the contents of the said deed and her consent
thereto, and declared the same to be freely and voluntarily execut-
ed by her.

(2) The same commissioner shall also sign a certificate
of the taking of such acknowledgment, which shall be to the
following effect:-

This is to certify that on the day of , 19
before me, the undersigned A.B., a commissioner appointed for
the Colony of Hongkong for taking the acknowledgments of
deeds by married women pursuant to the Married Women
(Disporition of Property) Ordinance, 1885, appeared per
sonally the wife if and produced a
certain indenture marked [here add the mark] bearing date the
day of 19 , and made between.
names of the parties] and ucknowledged the same to be, her act
and deed ; and I do hereby certify that the said was, at
the time of her acknowledging the said deed, of apparent full age
and competent understanding and that she was examined by me
apart from her husband tourching her knowledge of the contents
of the said deed, and that she freely and voluntarily consented to
the same.

* As amended by Law Am. Ord., 1923.
















As amended.by.liw Am_0rd., 1923.





8. Every such certificate, within three months of its
being signed, shall be lodged with the Land Officer, who
shall examine the certificate and see that it is in due form
and is duly signed by the commissioner, and, if the req-
uisites in this Ordinance in that respect have been complied
with, shall cause the same to be filed as of record in the
Land Office.

9. When the certificate is so filed, the deed so acknowl-
edged, so far as regards the disposition, disclaimer, release,
surrender, or extinguishment thereby made, shall take effect
from the time of its being acknowledged, and the filing of
the certificate shall have relation to such acknowledgment.

10. The Land Officer shall at any time deliver a copy,
signed by him, of any such certificate to any person apply
ing for such copy, and every such copy shall he received as
evidence of the acknowledgment of the deed to which such
certificate refers.

11. If a husband is, in consequence of unsound mind, or
from any other cause, incapable of executing a deed, or if
his residence is not known, or he is in prison, or is living
apart from his wife, either by mutual consent, or by
sentence of divorce, or from any other cause whatsoever,
the Chief Justice may, by an order to be made in a summary
way on the application of the wife and on such evidence
as to him may seem meet, dispense with the concurrence
of the husband in any case in which his concurrence is
required by this Ordinance or otherwise; and all acts
and deeds to be done, executed, or made by the wife in
pursuance of such order, in regard to any land or in regard
to money subject to be invested in the purchase of land,
shall be as good and valid as they would have been if
the husband had concurred, but without prejudice to the
rights of the husband as then existing independently of this
Ordinance.

No. 6 of 1885, repealed by No. 18 of 1914.
[Originally No. 12 of 1885. Law Rev. Ord., 1924.] Short title. [cf. No. 5 of 1901, s. 2.] Interpretation. 3 & 4 Will. 4, c. 74, s. 1. Right of married woman, with her husband's concurrence, by deed acknowledged, to dispose of land. 3 & 4 Will. 4, c. 74, ss. 77, 78. Acknowledgment of deed by married woman. 3 & 4 Will. 4, c. 74, s. 79. Examination of married woman apart from her husband. 3 & 4 Will. 4, c. 74, s. 80. Appointment of commissioners to take acknowledgments. 3 & 4 Will. 4, c. 74, s. 81. Signing of memorandum on deed by commissioner taking acknowledgment. 3 & 4 Will. 4, c. 74, s. 84. Filing of certificate to be lodged in Land. Office. 3 & 4 Will. 4, c. 74, s. 85. Deed to take effect from time of acknowledgment. 3 & 4 Will. 4, c. 74, s. 86. Use of copy of certificate as evidence. 3 & 4 Will. 4, c. 74, s. 88. Case in which husband's concurrence may be dispensed with. 3 & 4 Will. 4, c. 74, s. 91.

[Originally No. 12 of 1885. Law Rev. Ord., 1924.] Short title. [cf. No. 5 of 1901, s. 2.] Interpretation. 3 & 4 Will. 4, c. 74, s. 1. Right of married woman, with her husband's concurrence, by deed acknowledged, to dispose of land. 3 & 4 Will. 4, c. 74, ss. 77, 78. Acknowledgment of deed by married woman. 3 & 4 Will. 4, c. 74, s. 79. Examination of married woman apart from her husband. 3 & 4 Will. 4, c. 74, s. 80. Appointment of commissioners to take acknowledgments. 3 & 4 Will. 4, c. 74, s. 81. Signing of memorandum on deed by commissioner taking acknowledgment. 3 & 4 Will. 4, c. 74, s. 84. Filing of certificate to be lodged in Land. Office. 3 & 4 Will. 4, c. 74, s. 85. Deed to take effect from time of acknowledgment. 3 & 4 Will. 4, c. 74, s. 86. Use of copy of certificate as evidence. 3 & 4 Will. 4, c. 74, s. 88. Case in which husband's concurrence may be dispensed with. 3 & 4 Will. 4, c. 74, s. 91.

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