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 cited 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 Habilities 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.

Sees. 18, by which this Ordinance is deemed to have been in force on
and from the 1st January, 1883. See also No. 39 of 1932
[Companies], s. 161 (2) and No. 10 of 1936 [Married Women], s. 2.





3. All 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 on the 1st day of January, 1883, were 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 on the ist day of January, 1883, were
standing in her name, shall be deemed, unless and until the
contrary is shown, to be the property of such married woman :
and the fact that any such deposit, annuity, sum forming 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 name of a married woman shall
be sufficient primfi facie evidence that she is beneficially entitled
thereto, so as to authorize and empower her to receive or transfer
the same, and to receive the dividends, and to indemnify all
directors, managers and,trustees of every such bank, corporation,
company, public body or society as aforesaid in respect thereof.

4. 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 3, and all
shares, stock, debentures, debenture stock and other interests of
or in any such corporation, company, public body or society
as aforesaid, which after the 1st day of January, 1883, are
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 property, in
respect of which, so far as any liability may be incident thereto
she shall alone be liable:

Provided always that nothing in this Ordinance shall
require or authorize any corporation or 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, Ordinance, charter,
by-law, articles of association or deed of settlement regulating
such corporation or company.

5. All the provisions hereinbefore contained as to deposits
in any savings bank or in any other bank, annuities granted by

As amended by No. 10 of 1936 [20.3.36] and Law Rev. Ord., 1939.





any person, sums forming part of any stocks or funds transfer-
able in the books of any bank, shares, stock, debentures,
debenture stock or other interests of or in any such corporation,
company, public body or society as aforesaid respectively, which
on the ist day of January, 1883, were standing in the sole name
of a married woman, or which after that time are 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, on the ist day of January, i883, were or at any time
afterwards are standing in, or are allotted to, placed,
registered or transferred to or into, or made, to stand in, the
name of any married woman jointly with any persons or person
other than her husband.

6. 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
elf 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 now or at any time
hereafter is standing in the sole name of any married woman,
or in the joint names of such married woman and any other
persons or person not being her husband.

7. If any investment in any such deposit or annuity as
aforesaid, or in any stocks or funds transferable as aforesaid, or
ip any share, stock, debenture or debenture stock of any
corpora tion, company or public body, municipal, commercial 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 or loan society, has been made
by a married woman by means of moneys of her husband,
without his consent, the court may, upon an application under
section 13, order such investment, and the dividends thereof, or
any part thereof, to be transferred and paid respectively to the
husband; and nothing in this Ordinance 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,
continues to be in the order and disposition or reputed ownership

As amended by Law Rev. Ord., 1939.





of the husband, or to any deposit or other investment of moneys
of the husband 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.

8. A married woman may effect a policy upon her own life
or the life of her husband for her own benefit; 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 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 herein narned, and
the moneys payable under any such policy shall not, so long as
any object of the trust remains unperformed, form part of the
estate of the insured or be subject to his or her debts : Provided
that, if it is 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 memorandum under his
or her hand, appoint a trustee or trustees of the moneys payable
under the policy, and from time to tirne 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 tirtie of the death of the insured or at any
time afterwards, there is no trustee or it is 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 Ordinance, 1934, or any Ordinance amending or
substituted for 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 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.

As amended by No. 10 of 1936 [20.3.36] and Law Rev. Ord., 1939.





9. Every woman, whether married before or after the ist
day of January, 1883, 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 he reinafter contained) the same remedies and redress by
way of criminal proceedings, for the protection and security of
her own property, as if she were a feme sole, but, except as
aforesaid, no husband or wife shall be entitled to sue the other
for a tort. In any indictment or 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 otle against the 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 claimed by the wife, unless such
property has been wrongfully taken by the husband when
leaving or deserting, or about to leave or desert, his wife.

10. 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.

11. A woman after her marriage shall continue to be liable
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 flas 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 debt and for any
liability in damages or otherwise under any such contract, or
in respect of any such wrong: Provided always that nothing
in this Ordinance shall operate to increase or diniinish the
liability of any wornan married before the 1st day of January,

As amended by No. 10 of 1936 [20.3.36].
As amended by Law Rev. Ord.,. 1939,





1883, 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.

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

13. 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 thinks 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 pending in 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.

14. 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,

As amended by Law Rev. Ord., 1939.





debenture stock or other benefit, right, claim or other interest of
or in any such corporation, company, public body or society in
that character, without her husband, as if she were a feme sole.

15. Nothing in this, Ordinance shall interfere with or
affect any 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.

16. For the putposes of this Ordinance the legal personal
representative of any married woman shall in respect of her
estate have the same rights and liabilities and he subject to the
same jurisdiction as she would be if she were living.

17. 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.

18. This Ordinance shall be deemed to have been in force
in this Colony on and from the ist day of January, j883, the
date when the Married Women's Property Act, 1882, came into
force in England:

* As amended by No. 10 of 1936 [20.3,36]
As amended by Law Rev. Ord., 1939,

Provided always that nothing in this Ordinance 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 such disposition made or effected prior
to the 15th day of June, 1906.
[Originally No. 5 of 1906. No. 10 of 1936. Law Rev. Ord., 1939.] Short title. Interpretation. 45 & 46 Vict. C. 75, s. 24. 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. 18 of 1934. Remedies of married woman for protection and security of separate property. 45 & 46 Vict. C. 75, s. 12. [cf. 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. Act of wife liable to criminal proceedings. 45 & 46 Vict. C. 75, s. 16. [cf. 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, [cf. No. 10 of 1936, s. 5.] Saving of existing judgments, etc.

[Originally No. 5 of 1906. No. 10 of 1936. Law Rev. Ord., 1939.] Short title. Interpretation. 45 & 46 Vict. C. 75, s. 24. 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. 18 of 1934. Remedies of married woman for protection and security of separate property. 45 & 46 Vict. C. 75, s. 12. [cf. 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. Act of wife liable to criminal proceedings. 45 & 46 Vict. C. 75, s. 16. [cf. 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, [cf. No. 10 of 1936, s. 5.] Saving of existing judgments, etc.

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