MARRIED WOMEN'S (DISPOSITION OF PROPERTY) ORDINANCE, 1885
Title
MARRIED WOMEN'S (DISPOSITION OF PROPERTY) ORDINANCE, 1885
Description
No. 5 of 1885.
To make provision with respect to the disposition of property by
Married Women [20th May, 1885.]
1. The Married Women's (Disposition of Property) Ordinance,
1885.
2. In this Ordinance-
'Land'' includes land,messuages, and tenements of any tenure
Sitnate within the colony and any undivided share thereof:
'Estate' includes an estate inequity 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 in-
vested in the purchase of land.
3. A married woman may by 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 extingnish 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 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, sur-
render, or extinguishment shall be. valld and effectiial unless her
husband concurs in the deed by which the, same is effected, and un-
less the deed is acknowledged by her as hereinafter directed : Pro-
vided that the powers of disposition given to a married woman by
this Ordinance shall not interfere with any power which, indepen-
dently 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 frorn so doing in consequence of
such power having been suspended by 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 after
wards, 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 such acknowledg-
ment, shall examine the woman apart from her as her hushand touching
her knowledge 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, be void.
6.-(1) The Chief Justice may whenever it seems desirable to
him to do so, appoint one or more commissioners for taking
acknowledgments by married women of the deeds to be executed
by them as aforesald, and such commissioners shall be removable
by and at the pleasure of the Chief Justice.
The Chief Justice may also , as occasion may require, appoint
a special commissioner to take the acknowledgment of any parti-
cular married woman in England or in any other place out of the
Colony,
7.-(1) When a married wornan acknowledges any such deed,
the commissioner taking such acknowledgment shall sign a
memorandum to be indorsed on, or written at the foot or in the
margin of, such deed, which memorandum shall be to the following
effect :-
' 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
touching her knowledge, of the contents of 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 which such acknowledgment , which shall be to the following
effect :-
'This, is to certify that on the day of
19, before me, the undersigned A.B.,a commissioner ap-
pointed for the Colony of Hongkong for taking the acknowledg-
ments of deeds by married women pursuant to the Married
Women's (Disposition of Property) Ordinanco, 1885, appeared
perosnally the wife of and produced
a certain indenture marked [here add the mark] bearing date
the day of ,19 ,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 same
of apparent full age and competent understanding , a 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 3 months of its being signed,
shall be lodged with the Land Officer, who shall examine the,
certificate and see that it is in due forni is daly signed by the
commissioner, and , if the requisites in this ordinance in that
respect have been complied with, shall cause the sarne to be filed
as of record in the Land Office.
9. When the certificate is so filed, the deed so acknowledged
so fat. 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 perosn applying for such copy,
and every such copy shall be received as evidence of the acknow-
ledgment 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 bis residence
is not known, or he is in prison, or is living 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 con-
currence 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 pre-
judice to the rights of the husband as then existing independently
of this Ordinance.
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. [3 & 4 Will. 4 c. 74 ss. 77, 78.] Acknowledgment of deed by married woman. [ib.s.79.] Examination of married woman apart from her husband. [ib.s.80.] Appointment of commissioners to take acknowledgements. [ib.s.81.] Signing of memorandum on deed by commissioners taking acknowledgment. [3 & 4 Will. 4 c. 74 s. 84.] Filling of certificate to be lodged in Land Office. [ib.s.85.] Deed to take effect from time of acknowledgment. [3 & 4 Will. 4 c. 74, 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.]
To make provision with respect to the disposition of property by
Married Women [20th May, 1885.]
1. The Married Women's (Disposition of Property) Ordinance,
1885.
2. In this Ordinance-
'Land'' includes land,messuages, and tenements of any tenure
Sitnate within the colony and any undivided share thereof:
'Estate' includes an estate inequity 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 in-
vested in the purchase of land.
3. A married woman may by 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 extingnish 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 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, sur-
render, or extinguishment shall be. valld and effectiial unless her
husband concurs in the deed by which the, same is effected, and un-
less the deed is acknowledged by her as hereinafter directed : Pro-
vided that the powers of disposition given to a married woman by
this Ordinance shall not interfere with any power which, indepen-
dently 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 frorn so doing in consequence of
such power having been suspended by 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 after
wards, 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 such acknowledg-
ment, shall examine the woman apart from her as her hushand touching
her knowledge 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, be void.
6.-(1) The Chief Justice may whenever it seems desirable to
him to do so, appoint one or more commissioners for taking
acknowledgments by married women of the deeds to be executed
by them as aforesald, and such commissioners shall be removable
by and at the pleasure of the Chief Justice.
The Chief Justice may also , as occasion may require, appoint
a special commissioner to take the acknowledgment of any parti-
cular married woman in England or in any other place out of the
Colony,
7.-(1) When a married wornan acknowledges any such deed,
the commissioner taking such acknowledgment shall sign a
memorandum to be indorsed on, or written at the foot or in the
margin of, such deed, which memorandum shall be to the following
effect :-
' 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
touching her knowledge, of the contents of 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 which such acknowledgment , which shall be to the following
effect :-
'This, is to certify that on the day of
19, before me, the undersigned A.B.,a commissioner ap-
pointed for the Colony of Hongkong for taking the acknowledg-
ments of deeds by married women pursuant to the Married
Women's (Disposition of Property) Ordinanco, 1885, appeared
perosnally the wife of and produced
a certain indenture marked [here add the mark] bearing date
the day of ,19 ,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 same
of apparent full age and competent understanding , a 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 3 months of its being signed,
shall be lodged with the Land Officer, who shall examine the,
certificate and see that it is in due forni is daly signed by the
commissioner, and , if the requisites in this ordinance in that
respect have been complied with, shall cause the sarne to be filed
as of record in the Land Office.
9. When the certificate is so filed, the deed so acknowledged
so fat. 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 perosn applying for such copy,
and every such copy shall be received as evidence of the acknow-
ledgment 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 bis residence
is not known, or he is in prison, or is living 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 con-
currence 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 pre-
judice to the rights of the husband as then existing independently
of this Ordinance.
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. [3 & 4 Will. 4 c. 74 ss. 77, 78.] Acknowledgment of deed by married woman. [ib.s.79.] Examination of married woman apart from her husband. [ib.s.80.] Appointment of commissioners to take acknowledgements. [ib.s.81.] Signing of memorandum on deed by commissioners taking acknowledgment. [3 & 4 Will. 4 c. 74 s. 84.] Filling of certificate to be lodged in Land Office. [ib.s.85.] Deed to take effect from time of acknowledgment. [3 & 4 Will. 4 c. 74, 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
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. [3 & 4 Will. 4 c. 74 ss. 77, 78.] Acknowledgment of deed by married woman. [ib.s.79.] Examination of married woman apart from her husband. [ib.s.80.] Appointment of commissioners to take acknowledgements. [ib.s.81.] Signing of memorandum on deed by commissioners taking acknowledgment. [3 & 4 Will. 4 c. 74 s. 84.] Filling of certificate to be lodged in Land Office. [ib.s.85.] Deed to take effect from time of acknowledgment. [3 & 4 Will. 4 c. 74, 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.]
Identifier
https://oelawhk.lib.hku.hk/items/show/817
Edition
1912
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 January 22, 2025, https://oelawhk.lib.hku.hk/items/show/817.
