MARRIED WOMEN'S (DISPOSITION OF PROPERTY) ORDINANCE, 1885
Title
MARRIED WOMEN'S (DISPOSITION OF PROPERTY) ORDINANCE, 1885
Description
ORDINANCE No. 5 OF 1885.
Married Women's (Disposition of Property)
AN ORDINANCE to make provision with respect to the Disposition
of Property by Married Women.
[20th May, 1885.]
BE it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Married Women's (Dispositin
of Property) Ordinance, 1885.
2. In this Ordinance
'Land' includes land, messuages, and tenements of any tenure
situate within the Colony and any undivided share thereof;
'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;
'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;
'The Chief Justice' means the Chief Justice of the Supreme Court;
'The Land Office' and 'the Land Officer' mean respectively the
Land Office and the Land Officer of this Colony.
3. A married woman may be deed dispose of any land and money
subject to be invested in the purchase of land, and also dispose of, disclaim,
release, surrender, or extinguish any estate which she alone, or
she and her husband in her right, may have in any land or in any such
money, and also release or extinguish any power which may be vested
in, or limited or reserved to, her in regard 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 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 Ordinance shall, on her executing the same or afterwards,
be produced and acknowledged by her as her act and deed before
a commissioner to be appointed as hereinafter provided.
5. The commissioner, before he shall receive scuh acknowledgment,
shall examine the woman apart from her husband touching her know-
ledge 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, he void.
6.-(1.) The Chief Justice may, whenever it seems desirable to hime
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 from time to time, 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 sign a memorandum to
be indorsed on, or written at the goot or in the margin of, such deed,
which memorandum shall be to the following effect, namely,-
'This deed marked [here add some 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
acknowledgment the said was examined by me separately
the said deed and her consent thereto, and declared the same to be freely
and voluntarily executed by her.'
(2.) The same commissioner shall also sign a certificate of the taking
of such acknowledgment, which shall be to the following effect, namely,-
'This is to certify that on the day of ,1 ,
before me, the undersigned A.B., a commissioner appointed for the
Colony of Hongkong for taking the acknowledgments of deeds by
married woman pursuant to the Married Women's (Disposition of
Property) Ordinance, 1885, appeared personally the
wife of and produced a certain indenture marked
[here add the mark] bearing date the day of ,
I , and made between [insert the names of the parties] and acknowledged
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 touching her knowledge
of the contents of the said deed, and that she freely and voluntarily
consented to the same.'
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 requisites 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 acknowledged, 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 applying for such copy, and every
such copy shall be 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.
A.D. 1885. Ordinance No. 12 of 1885. Short title. Interpretation of terms. 3 & 4 Will. 4 c. 74 s. 1. Right of married woman with her husband's concurrence by deed acknowledged, to dispose of land. Ib.ss.77, 78. Acknowledgment of deed by married woman. Ib.s.79. Examination of married woman apart from her husband. 3 & 4 Will. 4 c 71 s. 80 Appointment of commissioners to take acknowledgements. Ib.s. 81. Signing of memorandum or deed by commissioner taking acknowledgement. Ib.s.81. Filing of certificate to be lodged in Land Office. 3 & 4 Will. 4 c. 74 s. 85. Deed to take effect from time to acknowledgment. Ib.s.86.
Use of copy of certificate as evidence. Ib.s.88.
Cases in which husband's concurrence may be dispensed with. Ib.s.91.
Married Women's (Disposition of Property)
AN ORDINANCE to make provision with respect to the Disposition
of Property by Married Women.
[20th May, 1885.]
BE it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Married Women's (Dispositin
of Property) Ordinance, 1885.
2. In this Ordinance
'Land' includes land, messuages, and tenements of any tenure
situate within the Colony and any undivided share thereof;
'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;
'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;
'The Chief Justice' means the Chief Justice of the Supreme Court;
'The Land Office' and 'the Land Officer' mean respectively the
Land Office and the Land Officer of this Colony.
3. A married woman may be deed dispose of any land and money
subject to be invested in the purchase of land, and also dispose of, disclaim,
release, surrender, or extinguish any estate which she alone, or
she and her husband in her right, may have in any land or in any such
money, and also release or extinguish any power which may be vested
in, or limited or reserved to, her in regard 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 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 Ordinance shall, on her executing the same or afterwards,
be produced and acknowledged by her as her act and deed before
a commissioner to be appointed as hereinafter provided.
5. The commissioner, before he shall receive scuh acknowledgment,
shall examine the woman apart from her husband touching her know-
ledge 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, he void.
6.-(1.) The Chief Justice may, whenever it seems desirable to hime
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 from time to time, 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 sign a memorandum to
be indorsed on, or written at the goot or in the margin of, such deed,
which memorandum shall be to the following effect, namely,-
'This deed marked [here add some 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
acknowledgment the said was examined by me separately
the said deed and her consent thereto, and declared the same to be freely
and voluntarily executed by her.'
(2.) The same commissioner shall also sign a certificate of the taking
of such acknowledgment, which shall be to the following effect, namely,-
'This is to certify that on the day of ,1 ,
before me, the undersigned A.B., a commissioner appointed for the
Colony of Hongkong for taking the acknowledgments of deeds by
married woman pursuant to the Married Women's (Disposition of
Property) Ordinance, 1885, appeared personally the
wife of and produced a certain indenture marked
[here add the mark] bearing date the day of ,
I , and made between [insert the names of the parties] and acknowledged
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 touching her knowledge
of the contents of the said deed, and that she freely and voluntarily
consented to the same.'
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 requisites 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 acknowledged, 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 applying for such copy, and every
such copy shall be 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.
A.D. 1885. Ordinance No. 12 of 1885. Short title. Interpretation of terms. 3 & 4 Will. 4 c. 74 s. 1. Right of married woman with her husband's concurrence by deed acknowledged, to dispose of land. Ib.ss.77, 78. Acknowledgment of deed by married woman. Ib.s.79. Examination of married woman apart from her husband. 3 & 4 Will. 4 c 71 s. 80 Appointment of commissioners to take acknowledgements. Ib.s. 81. Signing of memorandum or deed by commissioner taking acknowledgement. Ib.s.81. Filing of certificate to be lodged in Land Office. 3 & 4 Will. 4 c. 74 s. 85. Deed to take effect from time to acknowledgment. Ib.s.86.
Use of copy of certificate as evidence. Ib.s.88.
Cases in which husband's concurrence may be dispensed with. Ib.s.91.
Abstract
A.D. 1885. Ordinance No. 12 of 1885. Short title. Interpretation of terms. 3 & 4 Will. 4 c. 74 s. 1. Right of married woman with her husband's concurrence by deed acknowledged, to dispose of land. Ib.ss.77, 78. Acknowledgment of deed by married woman. Ib.s.79. Examination of married woman apart from her husband. 3 & 4 Will. 4 c 71 s. 80 Appointment of commissioners to take acknowledgements. Ib.s. 81. Signing of memorandum or deed by commissioner taking acknowledgement. Ib.s.81. Filing of certificate to be lodged in Land Office. 3 & 4 Will. 4 c. 74 s. 85. Deed to take effect from time to acknowledgment. Ib.s.86.
Use of copy of certificate as evidence. Ib.s.88.
Cases in which husband's concurrence may be dispensed with. Ib.s.91.
Use of copy of certificate as evidence. Ib.s.88.
Cases in which husband's concurrence may be dispensed with. Ib.s.91.
Identifier
https://oelawhk.lib.hku.hk/items/show/612
Edition
1901
Volume
v1
Subsequent Cap No.
182
Cap / Ordinance No.
No. 5 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 July 13, 2025, https://oelawhk.lib.hku.hk/items/show/612.
