MARRIED WOMEN'S DISPOSITION OF PROPERTY ORDINANCE, 1885
Title
MARRIED WOMEN'S DISPOSITION OF PROPERTY ORDINANCE, 1885
Description
ORDINANCE No. 12 'oF:~ 1885: ,
Married Women's Disposition of Property.
No. 12 of 1885.
An Ordinance entitled Tote Married Wome7a's Disposition o, f Pro-
perty Ordinance, 1885: r _
[20th May, 1880-: j
BE it enacted by the Governor of Hon gl~ong, with the ad vice of the
a 0 '
egislative Council thereof, as follows:---
1. In this Ordinance the word 'Land' shall include land, mes- xAfd.
suages, ;end tenements, of any tenure situate within the Colony, and any
undivided share thereof.
The word 'Estate' shall include an estate in equity as well as at
law, and shall also include 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
t
invested in the purchase of land.
The expression 'money subject to be invested in the purchase of money
land' shall include money, whether raised onto be raised, and whether
subject
the purchase
the amount thereof be, or be not; ascertained, and shall extend to stocks
of land.
and funds and real and other securities the produce of which is directed
to be invested in the purchase of land.
'1 he expression -'the Chief Justice' shall mean the Chief Justice of'
cbiet Justice.
Judge, Land
the Supreme Court, and the expressions 'the Larid Officer and Land
ofricer.
Office' shall mean the Land Office and Land Officer of this Colony.
Estate'
2. A married woman may by deed dispose of any land and money
subject to be invested in the purchase of lard; and also dispose of.
disclaim,
re!eas('1,; surrender; or extinguish any estate which she alone, or she-
and
l~er husband in her right, may have in any land or in any such money,
and also releaV or extinguish any power which may be vested in, or
limited, or reserved to her in regard to any land, or 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,
disclaitner, release, surrender eor extinguishment shall be valid and
e,ffeetaal*_unless the husbcind concur in the : deed by which the same is
effected, nor unless the deed be acknowledged by her as hereinafter
d~i~ccted., .
A married.
woman wih
husband's
concurrence
and by aced .
acknowledged--- ~:.
may dispose
of lands:
[3 4-~ 4 11,311.
4. c. 74, sets.
77, 7'3.]
4PDINAN-CE No. 12 -OF- IRIS.
Alarried Women's Disposition of .Property.
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, liir~ited,. or reserved to her,
so as
to prevent her from exercising such homer in arty case, except so far as
by any disposition made by her under this ordinance she may bo.pre-
~'C'17 ted from so doing in consequence of such power having been
suspended'
or extinguished by such disposition.
3. Every dead to be exccuted by a roar vied ivolnan for any of the
heed by mar- .
4ledwonan fie Jur JOSS Of this Or(]1i1a1aG(: shall a )(Jn her executing
tile SaTYTe, or after-
'be acknbw-- 1 . ~ ~ a
wards, be produced and ocl;no~vleclged by her as her act and decd before
rlbzd: s. ro.] ,a corotnissioneT' to ,be alyJOiTited -as hereinafter
provided.
~xamiynac,inn 4. The CUmr131SS1UI1(:1'before lie, shall receive such
acknowledgment,
o~.~ axart. shall examine the woTnan apart from her hml:>rincl touching
her h.nowlcdge
~~o~x~,~5}~a~l~x. of Such. deed, and shall ascertain whether sh.e fl.
ccly and voluntarily con-
sents to such deed, and, unless shoe does so, shall riot permit her to ac-
knowledge the SaI11E, and in such case such deed shall, so far as relates
to the execution thereof by such married wonTau, be void.
,Appoiatment
~io~ers.=
Zbid. sceR, -
1,93,1
Persoli taking
= A6i:nomeag-
meat to, sign
memorandum.
[l`tizdol. 84.]
6 ~ The Chief Justice may, whenever it seems desirable to him so to
do, 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. The Chief Justice may also from time to tulle as occasion
may require appoint a special commissioner to take the acknowledgment
of any particular married roman in Tnglana or in any other place out of
tye Colony.
6.` Whun a ro~a'rried woman acknowledges any such deed, tllecom-
rriissioner, takifiig such acknowledgment shall sign a Men lorandum to be
lexzdorsed on, or written at the foot, or in the margin of such deed,`
whick
memorandum; shall be to the following effect, . viz..--
This .
. 'deed Trlarhed (here add acme letter or other mark for. the
Purpose of identification) was this day produced before me
and acknowledged by
therein
named to be her act and deed, previous to which acknoW=
ledc,ment the said,
was examined
by me separately and apart fiom her husband touclxi~ng
No. 12 of 1855.
Married Women's Disposition of Property.
her knowledge of the contents of the said deed and her
consent thereto and declar-d the same to be freely and
voluntarily executed by leer,''
and the same commissioner shill also sin a cortiicate of the taking of
such
acknowledgment which may be to the following effect, viz. :-
'These are to certify that on the
day of
in the year 18 , before zne
the undersicned, A.B. a. commissioner appointed for the;
Colony of Hongkong, fc)r tahinq the acknowledo,ments of
deeds by married women pursuant to the Tarried Women's
Disposition of Property Ordinance, 1885, appeared person-
ally the ~vife of
and produced a certain indenture marked (here add the
nia rk) bearing date the day of
18 , and made between (insert the nanr,es of the parties)
and ael:nowleded the satire to be,her act and deed, an
du hereby certify that the sail
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, touching
her kno\vledoe of the contents of the said deed, and that
she freely and voluntarily consented to the same.'
. Every such certificate, within 3 months of its being sinned shall
be lodged with the land Officer, who shall examine the certificate and
see that it is in due form, is duly signed by the commissioner and if the
requisites in this Ordinance in that respect have b.:~eii coinplied with,
shall cause the same to be, filed as record in the Land, Office.
$, When the certificate is so filed, the clee(l so acknowledged so far
as regards theklisposirion, disclaimer, release, surrender, or
eltin~uishment
thereby made, shall take effect fru^n the time of its being
achnowrledo'ed,
and the filing of the certificate shall have relation to such achuowleciy
nenG.
9. The Land Officer. shall, at any, time deliver a copy, lined by
Certificate
with affidavit
to be lodged
in Land
Office.
[Ibid. e. 85.]
Deed to take
effect from
time of ack-
nowledgment.
[Ibid. a. s6. j
Copy of -
hirn of any such certificate to any person applying for such copy,
and certificate
a a ~ evidence.
every such copy shall be received as .evidence of the acknowledgment of
[112d. $: ss.l
the deed to which such certificate 'refers.
Ordinance No. 12 of 1885.
Married Warnen's Disposation of Property.
If ,a husband is, in consequence of unsound. mind, or
from any
c~>net~rreuce
when diRhen- other cause, incapable of executing a deed, or if his
residence is not
Red with.
~zn~rz. ~. s~.l l;no'o'n, or he i5 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 upon the application of the wife, and.ul7on such evidence as to him
shall 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, ire 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.
1891
Land.
Estate.
Money subject to be invested on the purchase of land.
Chief Justice, Judge, Land Officer.
A married wonan with busband's concurrence and by deed acknowledged may dispose of lands.
[3 & 4 Will. 4 .c. 74. secs. 77, 78.]
1892
Deed by married woman to be acknowledged.
[Ibid. s. 79.]
Examinaiton of married woman apart from husband.
[Ibid. s. 80.]
Appointment of commissioners.
[Ibids. secs 81, 83.]
Person taking acknowledgment to sign memorandum.
[Ibid. s. 84.]
1893
Certificate with affidavit to be lodged in Land Office.
[Ibid. s. 85.]
Deed to take effect from time of acknowledgment.
[Ibid. s. 86.]
Copy of certificate evidence.
[Ibid. s. 88.]
1894
Husband's concurrence when dispensed with.
[Ibid. s. 91.]
Married Women's Disposition of Property.
No. 12 of 1885.
An Ordinance entitled Tote Married Wome7a's Disposition o, f Pro-
perty Ordinance, 1885: r _
[20th May, 1880-: j
BE it enacted by the Governor of Hon gl~ong, with the ad vice of the
a 0 '
egislative Council thereof, as follows:---
1. In this Ordinance the word 'Land' shall include land, mes- xAfd.
suages, ;end tenements, of any tenure situate within the Colony, and any
undivided share thereof.
The word 'Estate' shall include an estate in equity as well as at
law, and shall also include 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
t
invested in the purchase of land.
The expression 'money subject to be invested in the purchase of money
land' shall include money, whether raised onto be raised, and whether
subject
the purchase
the amount thereof be, or be not; ascertained, and shall extend to stocks
of land.
and funds and real and other securities the produce of which is directed
to be invested in the purchase of land.
'1 he expression -'the Chief Justice' shall mean the Chief Justice of'
cbiet Justice.
Judge, Land
the Supreme Court, and the expressions 'the Larid Officer and Land
ofricer.
Office' shall mean the Land Office and Land Officer of this Colony.
Estate'
2. A married woman may by deed dispose of any land and money
subject to be invested in the purchase of lard; and also dispose of.
disclaim,
re!eas('1,; surrender; or extinguish any estate which she alone, or she-
and
l~er husband in her right, may have in any land or in any such money,
and also releaV or extinguish any power which may be vested in, or
limited, or reserved to her in regard to any land, or 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,
disclaitner, release, surrender eor extinguishment shall be valid and
e,ffeetaal*_unless the husbcind concur in the : deed by which the same is
effected, nor unless the deed be acknowledged by her as hereinafter
d~i~ccted., .
A married.
woman wih
husband's
concurrence
and by aced .
acknowledged--- ~:.
may dispose
of lands:
[3 4-~ 4 11,311.
4. c. 74, sets.
77, 7'3.]
4PDINAN-CE No. 12 -OF- IRIS.
Alarried Women's Disposition of .Property.
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, liir~ited,. or reserved to her,
so as
to prevent her from exercising such homer in arty case, except so far as
by any disposition made by her under this ordinance she may bo.pre-
~'C'17 ted from so doing in consequence of such power having been
suspended'
or extinguished by such disposition.
3. Every dead to be exccuted by a roar vied ivolnan for any of the
heed by mar- .
4ledwonan fie Jur JOSS Of this Or(]1i1a1aG(: shall a )(Jn her executing
tile SaTYTe, or after-
'be acknbw-- 1 . ~ ~ a
wards, be produced and ocl;no~vleclged by her as her act and decd before
rlbzd: s. ro.] ,a corotnissioneT' to ,be alyJOiTited -as hereinafter
provided.
~xamiynac,inn 4. The CUmr131SS1UI1(:1'before lie, shall receive such
acknowledgment,
o~.~ axart. shall examine the woTnan apart from her hml:>rincl touching
her h.nowlcdge
~~o~x~,~5}~a~l~x. of Such. deed, and shall ascertain whether sh.e fl.
ccly and voluntarily con-
sents to such deed, and, unless shoe does so, shall riot permit her to ac-
knowledge the SaI11E, and in such case such deed shall, so far as relates
to the execution thereof by such married wonTau, be void.
,Appoiatment
~io~ers.=
Zbid. sceR, -
1,93,1
Persoli taking
= A6i:nomeag-
meat to, sign
memorandum.
[l`tizdol. 84.]
6 ~ The Chief Justice may, whenever it seems desirable to him so to
do, 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. The Chief Justice may also from time to tulle as occasion
may require appoint a special commissioner to take the acknowledgment
of any particular married roman in Tnglana or in any other place out of
tye Colony.
6.` Whun a ro~a'rried woman acknowledges any such deed, tllecom-
rriissioner, takifiig such acknowledgment shall sign a Men lorandum to be
lexzdorsed on, or written at the foot, or in the margin of such deed,`
whick
memorandum; shall be to the following effect, . viz..--
This .
. 'deed Trlarhed (here add acme letter or other mark for. the
Purpose of identification) was this day produced before me
and acknowledged by
therein
named to be her act and deed, previous to which acknoW=
ledc,ment the said,
was examined
by me separately and apart fiom her husband touclxi~ng
No. 12 of 1855.
Married Women's Disposition of Property.
her knowledge of the contents of the said deed and her
consent thereto and declar-d the same to be freely and
voluntarily executed by leer,''
and the same commissioner shill also sin a cortiicate of the taking of
such
acknowledgment which may be to the following effect, viz. :-
'These are to certify that on the
day of
in the year 18 , before zne
the undersicned, A.B. a. commissioner appointed for the;
Colony of Hongkong, fc)r tahinq the acknowledo,ments of
deeds by married women pursuant to the Tarried Women's
Disposition of Property Ordinance, 1885, appeared person-
ally the ~vife of
and produced a certain indenture marked (here add the
nia rk) bearing date the day of
18 , and made between (insert the nanr,es of the parties)
and ael:nowleded the satire to be,her act and deed, an
du hereby certify that the sail
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, touching
her kno\vledoe of the contents of the said deed, and that
she freely and voluntarily consented to the same.'
. Every such certificate, within 3 months of its being sinned shall
be lodged with the land Officer, who shall examine the certificate and
see that it is in due form, is duly signed by the commissioner and if the
requisites in this Ordinance in that respect have b.:~eii coinplied with,
shall cause the same to be, filed as record in the Land, Office.
$, When the certificate is so filed, the clee(l so acknowledged so far
as regards theklisposirion, disclaimer, release, surrender, or
eltin~uishment
thereby made, shall take effect fru^n the time of its being
achnowrledo'ed,
and the filing of the certificate shall have relation to such achuowleciy
nenG.
9. The Land Officer. shall, at any, time deliver a copy, lined by
Certificate
with affidavit
to be lodged
in Land
Office.
[Ibid. e. 85.]
Deed to take
effect from
time of ack-
nowledgment.
[Ibid. a. s6. j
Copy of -
hirn of any such certificate to any person applying for such copy,
and certificate
a a ~ evidence.
every such copy shall be received as .evidence of the acknowledgment of
[112d. $: ss.l
the deed to which such certificate 'refers.
Ordinance No. 12 of 1885.
Married Warnen's Disposation of Property.
If ,a husband is, in consequence of unsound. mind, or
from any
c~>net~rreuce
when diRhen- other cause, incapable of executing a deed, or if his
residence is not
Red with.
~zn~rz. ~. s~.l l;no'o'n, or he i5 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 upon the application of the wife, and.ul7on such evidence as to him
shall 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, ire 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.
1891
Land.
Estate.
Money subject to be invested on the purchase of land.
Chief Justice, Judge, Land Officer.
A married wonan with busband's concurrence and by deed acknowledged may dispose of lands.
[3 & 4 Will. 4 .c. 74. secs. 77, 78.]
1892
Deed by married woman to be acknowledged.
[Ibid. s. 79.]
Examinaiton of married woman apart from husband.
[Ibid. s. 80.]
Appointment of commissioners.
[Ibids. secs 81, 83.]
Person taking acknowledgment to sign memorandum.
[Ibid. s. 84.]
1893
Certificate with affidavit to be lodged in Land Office.
[Ibid. s. 85.]
Deed to take effect from time of acknowledgment.
[Ibid. s. 86.]
Copy of certificate evidence.
[Ibid. s. 88.]
1894
Husband's concurrence when dispensed with.
[Ibid. s. 91.]
Abstract
1891
Land.
Estate.
Money subject to be invested on the purchase of land.
Chief Justice, Judge, Land Officer.
A married wonan with busband's concurrence and by deed acknowledged may dispose of lands.
[3 & 4 Will. 4 .c. 74. secs. 77, 78.]
1892
Deed by married woman to be acknowledged.
[Ibid. s. 79.]
Examinaiton of married woman apart from husband.
[Ibid. s. 80.]
Appointment of commissioners.
[Ibids. secs 81, 83.]
Person taking acknowledgment to sign memorandum.
[Ibid. s. 84.]
1893
Certificate with affidavit to be lodged in Land Office.
[Ibid. s. 85.]
Deed to take effect from time of acknowledgment.
[Ibid. s. 86.]
Copy of certificate evidence.
[Ibid. s. 88.]
1894
Husband's concurrence when dispensed with.
[Ibid. s. 91.]
Land.
Estate.
Money subject to be invested on the purchase of land.
Chief Justice, Judge, Land Officer.
A married wonan with busband's concurrence and by deed acknowledged may dispose of lands.
[3 & 4 Will. 4 .c. 74. secs. 77, 78.]
1892
Deed by married woman to be acknowledged.
[Ibid. s. 79.]
Examinaiton of married woman apart from husband.
[Ibid. s. 80.]
Appointment of commissioners.
[Ibids. secs 81, 83.]
Person taking acknowledgment to sign memorandum.
[Ibid. s. 84.]
1893
Certificate with affidavit to be lodged in Land Office.
[Ibid. s. 85.]
Deed to take effect from time of acknowledgment.
[Ibid. s. 86.]
Copy of certificate evidence.
[Ibid. s. 88.]
1894
Husband's concurrence when dispensed with.
[Ibid. s. 91.]
Identifier
https://oelawhk.lib.hku.hk/items/show/478
Edition
1890
Volume
v4
Cap / Ordinance No.
No. 12 of 1885
Number of Pages
4
Files
Collection
Historical Laws of Hong Kong Online
Citation
“MARRIED WOMEN'S DISPOSITION OF PROPERTY ORDINANCE, 1885,” Historical Laws of Hong Kong Online, accessed March 5, 2025, https://oelawhk.lib.hku.hk/items/show/478.
