MARRIED WOMEN'S PROPERTY ORDINANCE, 1906

MARRIED WOMEN'S PROPERTY ORDINANCE, 1906

No. 5 of 1906.
An Ordinance to amend, the law relating to the property of
married women
[15th June, 1906.]

1. This Ordinance may be elted as the Married Women's
Property Ordinance, 1906.

2. In this Ordinance,
(a) Contract includes the acceptance of any trust, or of
the office of executrix or administratrix, and the provisions
of this Ordinance as to liabilities of married women shall
extend to all liabilities by reason of any breach of trust or
devastavit committed by any married woman being a trustee
or executrix or administratrix either before or after her
marriage, and her husband shall not be subject to such
liabilities unless he has acted or intermeddled in the trust
or administration.
(b) Property includes a chose in action.

3.-(1) A married woman shall in accordance with the
provisions of this Ordinance be capable of acquiring, holdincy
and disposing by will or otherwise, of any immovable or
movable property as her separate property, in the same
manner as if she were a feme sole, withoid the intervention
of any trustee.
(2) A married woman shall be capable, of entering into
and rendering herself liable in respect of and to the extent
of her separate property on any contract, and of suing and
being sued, either in contract or in tort, or otherwise, in all

As amended by Law Rev. Ord., 1924. See s. 27, by which this Ordinance is
deemed to have been in force on and from the 1st January, 1883.





respects as if she were a feme sole, and her husband need
not be joined with her as plaintiff or defendant, or be made
a party to any action or other legal proceeding brought by or
taken against her; and any damages or costs, awarded to her
in any such action or proceeding shall be her separate
property; and any damages or costs awarded against her in
any Shall action or proceeding shall be recoverable out of
her separate property, and not otherwise.

4. Every contract hereafter entered into by a married
woman, otherwise than as agent.
(1) shall be deemed to be a contract entered into by her
with respect to and to bind her separate property whether
she is or is not in. fact possessed or or entitled to any
separate property at the time, when she enters into such
contract;
(2) shall bind all separate property which she may at that
time or thereafter be possessed of or entitled to; and

(3) shall also be enforceable by process of law against all
property which she, may therearter while discovert be
possessed of or entitled to:

Provided that nothing in this section contained shall render
available to satisfy any liability or obligation arising out of
such contract any separate property which at that time or
thereafter she is restrained from anticipating.

5. every married woman carrying on on a trade separately

from her husband shall, in respect of her separate property,
be subject to the bankruptcy laws in the same way as if she
were a feme sole.

6. Every woman who marries after the commencement of
this Ordinance shall be entitled to have and to hold as her
separate property and to dispose of in manner aforesaid all,
real and personal property, whether held by her as a trustee
or beneficially, which shall belong to her at the time of
marriage, or shall be acquired by or devolve upon her after
marriage, includingany wages, earnings, money, and property
gained or acquired by her in any employment, trade, or'
occupation in which she is engaged or which she carries on
separately from her husband, or by the exercise of any
literary, artistic, or scientiffic skill.

For date of commencement of the Ordinance see post s. '27.





7. Any money or other estate of tho wife lent or entrusted
by her to her husband for the purpose of any trade or business
carried on by him, or otherwise, shall be treated as assets of
her busband's estate, in case of his bankruptcy, under reserva-
tion of the wife's claim to a dividend as a creditor for the
ainount or value of stich money or other estate after, but not
before, all claims of the other creditors of the husband for
valuable consideration in money or moneys worth have been
satisfied.

8. The execution of a gneeral power by will by a married
Woman shall have the elfect of making the property appointed
liable for lier debts and other liabilities in the same nianner
as ber separate estate Is made liable under this Ordinance.

9. Every woman married before the 1st, day of January,
1883, shall be entitled to have and to hold and to dispose of in
manner aforesaid as her separate property all read and personal
property her title to which, whether vested or contingent,
and whether in possession, reversion, or remainder shall have
accrued after the 1st, day of Janiary, 1883, including any
wages, earnings, money, and property so gained or acquired
by her as aforesaid.

10. AR deposits in any savings bank, or in any other bank,
all annuities granted by any person, and all sums forming
part of any stock or funds transferable in the books of any
bank, which at the commencement or this Ordinance are
standing, in the sole name of a married woman, and all shares,
stock, debentures, debenture stock, or other interests of or
in any corporation, company, or public body, municipal,
commercial, or otherwise, or of or in any industrial, provident,
friendly, benefit, building., or loan society, which at the com-
mencement of this Ordinance are standing in her name, shall
be deemed, unless and until the contrary is shown, to be the
separate property of such married woman : and the fact that
any such deposit, annuity, sum forniing part of any stocks
or funds transferable in the books of any bank, share, stock,
debenture, debenture stock, or other interest as aforesaid, is
standing in the sole ilaine of a married woman, shall be
sufficient prima facie evidence that she is beneficially entitled
thereto for her separate use, so as to authorise and empower
her to receive or transfer the same, and to receive the

For date of commencement of the ordinance see post s. 27





dividends, and to indemnify all directors, managers, and
trustees of every such bank, corporation, company, public
body, or society as aforesaid, in respect thereof.

11. All sums forming part of any other stocks or funds
transferable in the books of any bank, and all such deposits
and annuities respectively as are mentioned in section 10,
and all shares, stock, debentures, debenture stock, and
other interests of ol. in any such corporation, company,
public body, or society as aforesaid, which after the
commencement of this Ordinance shall be allotted to
or placed, registered, or transferred in or into or made
to stand in the sole name of any married woman shall
be deemed, unless and until the contrary is shown, to
be her separate property, in respect of which, so far as any
liability may be incident thereto, her separate estate shall
alone be liable, whether the same shall be so expressed in
the document whereby her title to the salne is created or
certified, or in the books or register wherein her title is
entered or recorded, or not :

Provided always, that nothing in this Ordinance shall
require or anthorise ally corporation of joint-stock company
to admit, any married woman to be a holder of -any shares
or stock therein to which any liability may be incident,
contrary to the provisions of any Act of -Parliament, Ordi-
nance, charter, by-law, articles of association, or deed of
settlement regolating such corporation or company.

12. All the provisions hereinbefore contained as to
deposits in any savings bank, or in any otlier bank, annuities
granted by any person, sums forming part of any stocks or
funds transferable in the books of any bank, shares, stock,
debenttires, debenture stock, or other interests of or in
any such corporation, company, public body, or society as
aforesaid. respectively, which at the commencement of this
Ordinance shall be standing in the sole name of a married
woman, or which, after that, time, shall be allotted to, or
placed, registered or transferred to or into or made to stand
in, the sole name of a married woman, shall respectively
extend and apply, so far as relates to the estate, right, title,
or interest of the married woman, to any of the particulars
aforesaid which, at the commencement of this Ordinance,

For date, of commencement of the Ordinance see post s. 27.
As amended by law Rev. Ord., 1924.





or at any time afterwards, shall. be standing in, or shall be
allotted to, placed, registered, or transferred to or into, or
made to stand in, the name of nay married woman Jointly
with any persons or person other than her husband.

13. It shall not be necessary for the husband of any
married woman, in respect of her interest, to join in the
transfer of any such annuity or deposit as aforesaid, or any
sum forming part of any stocks or funds transferable as
aforesaid, or any share, stock, debenture, debenture stock,
or other benefit, right, claim, or other interest of or in any
such corporation, company, public body, or society as
aforesaid, which is now or shall at any time hereafter be
standing in the sole name of any niarried woman, or in the
Joint names of such married woman and any other persons
or person not being her husband.

14. If any investment in any such deposit or annility as
aforesaid, or in any stocks or funds transferable as aforesaid,
or in any share, stock, debenture, or debenture stock of any
corporation, company, or public body, municipal, com-
mercial, or otherwise, or in any share, debenture, benefit,
right, or claim whatsoever in, to, or upon the funds of any
industrial, provident, friendly, benefit, building, of loan
society, shall have been made by a married woman by means
of moneys of her husband, without his consent, the court
may, upon an application under section 22, order such
investment, and the dividend, thereof, or any part thereof,
to be transferred and paid respectively to the husband ; and
nothing in this ordinance contained shall give validity as
against creditors of the husband to any gift, by a husband
to his wife, of any property, which, after such gift, shall
continue to be, in the order and disposition or reputed
ownership of the husband, or to any deposit or other invest-
ment of moneys of the husband made made by or in the name.
of his wife in fraud of his creditors; but any moneys so
deposited or invested may be followed as if this Ordinance
had not passed.

15. A married woman may by virtue of the power of
making contract's, hereinbefore contained effect a policy upon
her own life or the life of her husband for her separate use;
and the same and 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
As amended by Law Rev. Ord., 1U24.





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 childred, 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 unde
any such policy shall not, so long as any object of the trus
remains unperformed, form part of the estate of the insured
or be subject to his or her debts : Provided that if it shal
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 equal to the premiums so paid
The insured may by the policy, or by any memoranduing
-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 dine of the death of the insured, or at any
the 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 Trustees Ordinance, 1901. The receipt of
a trustee or trustees duly appointed, or in default of any such
appointment, or in default of notice to the 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.

16. Every woman, whether married before or after this
Ordinance, shall have in her own name against all persons
whomsoever, including her husband, the same civil remedies,
and also (subject, as regards her husband, to the proviso
hereinafter contained) the same remedies and redress by way
of criminal proceedings, for the protection and security of her
own separate property, as if such property belonged to her as
a, feine sole, but, except as aforesaid, no husband or wife shall
be entitled to sue the other for a tort. In any indictment or

For date of commencenment of the Ordinance see post s. 27.





other proceeding under this section it shall be sufficient to
allege such property to be her property ; and in any
proceeding under this section a husband or wife shall be
competent to give evidence against each other, any statute
or rule of law to the contrary notwithstanding: Provided
always, that no criminal proceeding shall be taken by any

wife against her husband by virtue of this Ordinance while
they are living together, as to or concerning any property
claimed by her, nor while they are living apart, as to or
concerning any act done by the husband while they were
living together, concerning property clalnied by the wife,
unless such property shall have been wrongfully taken by the
husband when leaving or deserting, or about to leave or
desert, his wife.

17. In any action or proceeding by a woman or by a next
friend on her behalf, the court before which such action Or
proceeding is pending shall have jurisdiction by judgment
or order from time to time to order payment of the costs of
the opposite Party out of property which is, subject to a
restraint on anticipation, and may enforce such payment by
the appointment of a receiver and the sale of the property or
Otherwise as may be just.

18. A womanafter after her marriage shall continue to be liable
in respect and to the extent of her Separate property for all
debts contracted, and all. contracts entered into or wrongs
committed by her before her marriage, including any sums
for which she may be liable as a contributory, either before
or after she has been placed on the list of contributories,
under and by virtue of any Ordinance relating to joint-stock
companies; and she may be sued for any such delA and for
any liability in damages or otherwise under any such contract,
or in respect of any such wrong; and all sums recovered
against her in respect thereof, or for any costs relating thereto,
shall be payable out of her separate property; and, as
between her and her Juisband, unless there be any contract
between them to the contrary, her separate property shall be
deemed to be primarily liable for all such debts, contracts,
or wrongs, and for all damages or costs recovered in respect
thereof : Provided always, that nothing in this Ordinance
shall operate to increase or diminish the liability of any
woman. married before the commencement of this Ordinance

For date of commencement of the Ordinance see post s. 27.





for any such debt, contract, or wrong, as aforesaid, except as
to any separate property to which she may become entitled
by virtue of this Ordinance, and to which she would not have
been entitled for her separate use if this Ordinance had not
passed.

19. A husband shall he liable for the debts of his wife
contracted, and for all contracts entered into or wrongs
committed by her, before marriage, including any liabilities
to which she may be so subject under any Ordinance
relating to joint-stock companies as aforesaid, to the extent
of all property whatsoever belonging to his wife, which he
shall have acquired or beconic entitled to from or through his
wife after deducting therefrom any payments made by him.
and any sums for which judgment may have been bond fide

recovered against him in any proceeding at law, in respect
of any such debts, contracts, or wrongs for or in respect of
which his wife was liable before her marriage as aforesaid ;
but he shall not be liable for the same any further or
otherwise; and any court in which a husband shall be sued
for any such debt shall have power to direct any inquiry or
proceedings which it may think proper for the purpose of
ascertaining the nature, amount or value of such property:
Provided always, that nothing in this Ordinance contained
shall operate to increase or diminish the liability of any
husband inarried before the commencement of this Ordinance
for or in respect of any such debt or other liability of his
wife as aforesaid.

20. A husband and wife may be jointly sued in respect,
of any such debt or other liability (whether by contract or
for any wrong) contracted or incurred by the wife before
marriage as aforesaid, if the plaintiff in the action shall seek
to establish his claim, either wholly or in part, against both
of them; and if in any such action, or in any action, brought
in respect of any such debt or liability against the husband
alone, it is not found that the husband is liable in respect of
any property of the wife so acquired by him or to which he
shall have become entitled as aforesaid, he shall have judg-
ment for his costs of defence, whatever may be the result of
the action against the wife if jointly sued with him; and in
any such. action against husband and wife jointly, if it
appears that the husband is liable for the debt or damages

for date of commencement of the Ordinance see post s. 27.





recovered, or any part thereof, the judgment to the extent
of the amount for which the husband is liable shall be a
joint judgment against the husband personally and against
the wife as to her separate property; and as to the residue,
if any, of such debt and damages, the judgment shall be a
separate judgment against the wife as to her separate
property only.

21. Any wife doing any act with respect to any property
of her husband, which, if done by the hitsband with respect
to property of the wife, would make the husband liable to
criminal proceedings by the wife, under this Ordinance, shall
in like manner be liable to criminal proceedings by her
husband.

22. In any question between husband and wife as to the
title to or possession of property, either party, or any such
bank, corporation, company, public body, or society as afore-
said in whose books any stocks, funds or shares of either
party are standing, may apply by summons or otherwise in a
summary way to a judge, and he may make such order with
respect to the property in dispute, and as to the costs of and
consequent on the application as he thinks fit, or may direct
such application to stand over from time to time, and any
inquiry touching the matters in question to be made in such
manner as he shall think fit: Provided always, that any
such order shall be subject to appeal in the same way as an
order made by the Judge in a suit pendingin the said court
would be: Provided also, that any such application or any
such appeal may be heard by the judge in his private room.
or by the Supreme Court in camera as the circumstances of
the case may require: Provided also, that any such bank,
corporation, company, public body, or society as aforesaid,
shall in the matter of any such application for the purposes
of costs or otherwise, be treated as a stakeholder only.

28. A married woman who is an executrix or administratrix
alone or jointly with any other person or persons of the
estate of any deceased person, or a trustee alone or jointly as
aforesaid of property subject to any trust, may sue or be
sued, and may transfer or join in transferring any such
annuity or deposit as aforesaid, or any sum forming part of
any stocks or funds transferable as aforesaid, or any share,
stock, debenture, debenture stock, or other benefit, right,





claim or other interest of or in any Such corporation, com-
pany, public body, or society in that character, without her
husband, as is she were a feme sole.

24. Nothing in this Ordinance contained shall interfere
with or affect ahy settlement or agreement for a settlement
made or to be made, whether before or after marriage,
respecting the property of any married woman, or shall
Interfere with or render inoperative any restriction against
anticipation at present attached or to be hereafter attached
to the enjoyment of any property or income by a woman
under any settlement, agreement for a settlement, will, or
other instrument; but no restriction against anticipation
contained in any settlement or agreement for a settlement of
a woman's own property to be made or entered into by
herself shall have any validity against debts contracted by
her before marriage, and no settlement or agreement for a
settlement shall have any greater force or validity against
creditors of such woman than a like settlement or agreement
for a settlement made or entered into by a man would have
against his creditors.

25. For the purposes of this Ordinance, the legal personal
representative of any married womail shall in respect of her
separate estate have the same rights and liabilities and be
subject to the same jurisdiction. as she would be if she were
living.

26. Section 24 of the wills Act, 1837, shall apply to the
will of a married woman made during coverture whether she
Is or is not possessed of or entitled to any separate property
at the time of making. it, and such will shall. not require to be
re-executed or republished after the death of her husband.

27. This Ordinance shall be deemed to have been in force

In this Colony on and from the 1st day of January, 1883, the
date when the Married women's Property Act, 1882, came
into force in England

Provided always that nothing in this Ordinance contained
shall affect-

(a) any judgment or order of any court;
(b) any charge validly created;
(c) any trust validly created ; or

(d) any disposition duly made or effected,
if such judgment or order was pronounced or made or such
charge or trust created or sue disposition made or effected
prior to the 15th day of June, 1906.
[Originally No. 5 of 1906. Law Rev. Ord., 1924.] Short titile. Interpretation. 45 & 46 Vict. C. 75, s. 24. Married woman to be caspable of holding property and of contracting as feme sole. 45 & 46 Vict. C. 75, s. 1 (1), (2). Effect of contracts by married women. 56 & 57 Vict. C. 63, s. 1. Bankruptcy of married woman trading separately. 45 & 46 Vict. C. 75, s. 1 (5). Property of a woman married after commencement of the Ordinance to be held by her as a feme sole. 45 & 46 Vict. c. 75, s. 2. Loans by wife to husband. 45 & 46 Vict. C. 75,s. 3. Executiion of general power. 45 & 46 Vict. C. 75, s. 4. Property acquired after 1st January, 1883, by a woman married before to be held by her as a feme sole, 45 & 46 Vict. C. 75, s. 5. As to stock etc., to which a married woman is entitled. 45 & 46 Vict. c. 75, s. 6. As to stock, etc., to be transferred, etc., to a married woman. 45 & 46 Vict. C. 75, s. 7. Investments in joint names of married woman and others. 45 & 46 Vict. C. 75, s. 8 As to stock, etc, standing in the joint names of a married woman and others. 45 & 46 Vict. C. 75, s. 9. Fraudulent investments with money of husband. 45 & 46 Vict. C. 75, s. 10. Moneys payable under policy of assurance not to form part of estate of the insured. 45 & 46 Vict. c. 75, s. 11. Ordinance No. 5 of 1901. Remedies of married woman for protection and security of separate property. 45 & 46 Vict. C. 75, s. 12. [ef. No. 14 of 1906, s. 5.] Costs may be ordered to be paid out of property subject to restraint on anticipation. 56 & 57 Vict. C. 63, s. 2. Wife's antenuptial debts and liabilities. 45 & 46 Vict. C. 75, s. 13. Husband to be liable for his wife's debts contracted before marriage to a certain extent. 45 & 46 Vict. C. 75, s. 14. Suits for ante-nuptial liabilities. 45 & 46 Vict. C. 75, s. 15. Act of wife liable to criminal proceedings. 45 & 46 Vict. C. 75, s. 16. [ef. No. 14 of 1906, s. 5.[ Questions between husband and wife as to property to be decided in a summary way. 45 & 46 Vict. C. 75, s. 17. Married woman as executrix or trustee. 45 & 46 Vict. c. 75, s. 18. Saving of existing settlements, and power to make future settlements. 45 & 46 Vict. C. 75, s. 19. Legal representative of married woman. 45 & 46 Vict. C 75, s. 23. Will of married woman. 56 & 57 Vict. C. 63, s. 3. 7 will. 4 & 1 Vict. C. 26, s. 24. Ordinance in force on and from 1st January, 1883. 45 & 46 Vict. c. 75. Saving of existing judgments, etc.

[Originally No. 5 of 1906. Law Rev. Ord., 1924.] Short titile. Interpretation. 45 & 46 Vict. C. 75, s. 24. Married woman to be caspable of holding property and of contracting as feme sole. 45 & 46 Vict. C. 75, s. 1 (1), (2). Effect of contracts by married women. 56 & 57 Vict. C. 63, s. 1. Bankruptcy of married woman trading separately. 45 & 46 Vict. C. 75, s. 1 (5). Property of a woman married after commencement of the Ordinance to be held by her as a feme sole. 45 & 46 Vict. c. 75, s. 2. Loans by wife to husband. 45 & 46 Vict. C. 75,s. 3. Executiion of general power. 45 & 46 Vict. C. 75, s. 4. Property acquired after 1st January, 1883, by a woman married before to be held by her as a feme sole, 45 & 46 Vict. C. 75, s. 5. As to stock etc., to which a married woman is entitled. 45 & 46 Vict. c. 75, s. 6. As to stock, etc., to be transferred, etc., to a married woman. 45 & 46 Vict. C. 75, s. 7. Investments in joint names of married woman and others. 45 & 46 Vict. C. 75, s. 8 As to stock, etc, standing in the joint names of a married woman and others. 45 & 46 Vict. C. 75, s. 9. Fraudulent investments with money of husband. 45 & 46 Vict. C. 75, s. 10. Moneys payable under policy of assurance not to form part of estate of the insured. 45 & 46 Vict. c. 75, s. 11. Ordinance No. 5 of 1901. Remedies of married woman for protection and security of separate property. 45 & 46 Vict. C. 75, s. 12. [ef. No. 14 of 1906, s. 5.] Costs may be ordered to be paid out of property subject to restraint on anticipation. 56 & 57 Vict. C. 63, s. 2. Wife's antenuptial debts and liabilities. 45 & 46 Vict. C. 75, s. 13. Husband to be liable for his wife's debts contracted before marriage to a certain extent. 45 & 46 Vict. C. 75, s. 14. Suits for ante-nuptial liabilities. 45 & 46 Vict. C. 75, s. 15. Act of wife liable to criminal proceedings. 45 & 46 Vict. C. 75, s. 16. [ef. No. 14 of 1906, s. 5.[ Questions between husband and wife as to property to be decided in a summary way. 45 & 46 Vict. C. 75, s. 17. Married woman as executrix or trustee. 45 & 46 Vict. c. 75, s. 18. Saving of existing settlements, and power to make future settlements. 45 & 46 Vict. C. 75, s. 19. Legal representative of married woman. 45 & 46 Vict. C 75, s. 23. Will of married woman. 56 & 57 Vict. C. 63, s. 3. 7 will. 4 & 1 Vict. C. 26, s. 24. Ordinance in force on and from 1st January, 1883. 45 & 46 Vict. c. 75. Saving of existing judgments, etc.

https://oelawhk.lib.hku.hk/items/show/1223

1923

v4

182

No. 5 of 1906

11