MARRIED WOMEN'S PROPERTY ORDINANCE

MARRIED WOMEN'S PROPERTY ORDINANCE

CHAPTER 183.

MARRIED WOMEN'S PROPERTY.

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.

2. In this Ordinance-
'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 ;
'property' includes a chose in action.

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 ist 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, com-
mercial 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 prima 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 afore-
said 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 ist 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 requ ire or authorize any corporation or joint-stock com-
pany 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, Ordin-
ance, charter, by-law, articles of association or deed of settle-
ment 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 any person, sums forming part of any stocks or
funds transferable 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 afore-
said 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 wornan, to
any of the particulars aforesaid which, on the ist day of
January, 1883, 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 forniing 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 afore-
said, 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 in any share, stock, debenture or debenture stock of any
corporation, conipany 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 Ordin-
ance 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 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
therein named, 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 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 time 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. 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 dis-
charge to the office for the sum secured by the policy, or for
the value thereof, in whole or in part.

9. Every woman, whether married before or after the
1st 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 hereinafter 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 one against the other, any statute o r 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, con-





cerning 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 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 has been placed on the list of con-
tributories, 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 in-
crease or diminish the liability of any woman married before
the 1st day of January, 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 husband 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 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 stake-
holder.only.

14. A married woman who is an executrix or adminis-
tratrix 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 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 settle-
ment or agreement for a settlement made or entered into by
a man would have against his creditors.





16. For the purposes of this Ordinance the legal per-
sonal representative of any married ' woman shall in respect
of her estate have the same rights and liabilities and be
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, 1883,
the date when the Married Women's Property Act, 1882,
came into force in England : 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 5 of 1906. Fraser 5 of 1906. 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. [s. 8 cont.] (Cap. 29.) Remedies of married woman for protection and security of separate property. 45 & 46 Vict, c. 75, s. 12. Costs may be ordered to be paid out or property subject to restraint on anticipation. 56 & 57 Vict, c. 63, s. 2. Wife's ante-nuptial debts and liabilities. 45 & 46 Vict, c. 75, s. 13. Act of wife liable criminally. 45 & 46 Vict, c. 75, s. 16. Questions between husband and wife as to property to be decided in a summary way. 45 & 46 Vict, c. 75, s. 17. [s. 13 cont.] 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. Savings. 45 & 46 Vict, c. 75.

Originally 5 of 1906. Fraser 5 of 1906. 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. [s. 8 cont.] (Cap. 29.) Remedies of married woman for protection and security of separate property. 45 & 46 Vict, c. 75, s. 12. Costs may be ordered to be paid out or property subject to restraint on anticipation. 56 & 57 Vict, c. 63, s. 2. Wife's ante-nuptial debts and liabilities. 45 & 46 Vict, c. 75, s. 13. Act of wife liable criminally. 45 & 46 Vict, c. 75, s. 16. Questions between husband and wife as to property to be decided in a summary way. 45 & 46 Vict, c. 75, s. 17. [s. 13 cont.] 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. Savings. 45 & 46 Vict, c. 75.

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