MARRIED WOMEN'S PROPERTY ORDINANCE, 1906
Title
MARRIED WOMEN'S PROPERTY ORDINANCE, 1906
Description
No. 5 of 1906.
To amend the law relating to the Property of Married Women
[15th JUDe, 1906.]
1. The Married Women's Property Ordinance, 1906.
2. In this Ordinance,~
As arnended by No. 9 of 1906, No. 12 of 1912 and No. 13 of 1912.
As ainended by No. 12 of 1912 and No. 43 of 1912 Supp. Sched.
As amentled by No. 13 of 1912 and No. 43 of 1912 Supp. Sched.
Contract - includes the acceptanc6 of anv trust, or of the office
of executrix or adininistratrix, 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 derastquit committed by any
married woman being a trustee. or executrix or adininistratrix either
before or after her marriage, and her husband shall not be subject
to such liabilities unless he has acted or internieddled in the trust
or administration :
' Property ' includes a chose in action.
3.-M A married woman shall in accordance with the provisions
of this Ordinance be capable of acquiring, holding, and disposing
by will or otherwise, of any immovable or movable property as her
separate property, in the same manner as if she were a feme sole,
without the intervention of any trustee.
(`2) A married woman shall be capable of entering into and
rendering lerself liable in respect of and to the extent of her
separate property on any contract, and of suing, and being sued,
either in contract or in tort, or otherwise, in all respects as if she
were a feme sole, and her husband need not be joined with her as
plaintiff or defendant, or be made a. party to any action or other legal
proceeding brought by or taken against her; and any damages or
costs awarded to her in any -action or proceeding shall be her
separate property; and any damages or costs awarded against her
in any such action or proceeding shall be recoverable out of her
separate property, and not otherwise.
4. Every contract hereafter entered into by a married woman,
otherwise than as agent,-
(a) shall be deemed to be a contract entered into by her with
respect to and to bind her separate property whether she is or is
riot. in fact possessed of or entitled to any separate property at the
time when she enters into such contract;
(b) shall bind all separate property which she mav at that time
or thereafter be possessed of or entitled to; and
(c) shall also be enforceable by process of law aguinst all property
which she may thereafter while discovert be possessed of or entitled
to :
As arnended by No. 13 of 1912 and No. 43 of 1912 Supp. Sched.
Provided that nothing in this section contained shall render
available to satisfy any liability or obligation arising out of such
contract any separate. property which at that thne or thereafter she
is restrained from anticipating.
5. Every married woman carrying on a trade separately from her
husband shall, in respect of her separate property, be subject to the
bankruptcy laws in the same way as if she were a feme sole.
6. Every woman who marries after the coniniencement of this
Ordinance shall be entitled to have and to bold as her separate
property and to dispose of in manner aforesaid all real and personal
property, whether held by her as a trustee or beneficially, which
shall belong to her at the time of marriage, or shall be acquired by
or devolve upon her after marriage, including any wages, earnings,
money, and property gained or acquired by her in any, employment,
trade, or occupation in which she is engaged, or she carries
on separately from her husband, or by the. of literary ,
artistle, or scientific skill.
7. Any money or other estate of the wife Ient or entnisted by her
to her husband fbr the purpose of ans, trade or business carried on
by him, or otherwise, shall be treated as assets of her husband's
estate in case of his bankruptcy, under reservation of the wife's
claim to a dividend as a creditor for the amount or value of such
money or other estate after, but not before, all claims of the other
creditors of the, husband for valuable consideration in money or
money's worth have been satisfied.
8. The execution of a general power by will by a married woman
shall have the effect of making the pro-perty appointed liable for her
debts and other liabilities in the same manner as her separate estate
is made liable under this Ordinance.
9. Every woman married before Ist January, 1883, shall be
entitled to have and to bold and to dispose of in manner
aforesaid as her separate property all real and personal property
her title to which, whether-vested or contingent, and whether in
possession, reversion, or remainder shall have accrued after Ist
January, 1883, including any wages, earnings, money, and property
so gained or acquired by her as aforesaid.
For date of commencement of the Ordinance see post s. 27.
As ainendgd by No. 5 of 1907.
10. All deposits in any savings. bank, or in any other bank, all
annuities granted by any person, and all sunis forming part of any
stock or funds transferable in the books of any bank, which at the
commencement of this Ordinance are 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 at the commencement of this Ordi-
nance are standing in her naine, shall be deemed, unless and
untfl the contrarY be shown, to be the separate property of such
married wonian : and the fact that any stich deposit, annuity,
suni forming part of any stocks or funds transferable in the books
of an.~ bank, share, stock, debenture, debenture stock, or other
interest as aforesaid, is standing in the sole nanie of a married
woman, shall be sufficient prima facie evidence that she is bene-
ficially entitled thereto for her separate use, so as to authorise and
einpowei. her to receive or transfer the sanie, and to receive the
dividends, and to indemnify all directors, nianagers ' and trustees
of every such bank, corporation, company, public body., or society as
aforesaid, in repsect thereof
11. -All sums forining part of any other stocks or funds transfer-
able in the books of anv bank, and all such deposits and annuities
respectively--- as are mentioned in the last section, and all shares,
stock, debentures, debenture stock, and other interests of or in
any such corporation, company, public, body, or society as afore-
said, which after the commencenient of this Ordinance shall be
allotted to. or placed, registered, or transferred in or into or
made. to stand in the sole name of any married woulan shall be
deemed, unless and until the contrary be shown, to be her separate
property, in respect of which, so far as any liability may be
incident thereto, her separate estate shall alone be. liable, whether
the same shall be so expressed in the document whereby her title
to the same is created or certified, or in the books or register
wherein her title is entered or recorded, or not...
Provided always, that nothing in this Ordinance shall require or
authorise any corporation or joint stock company to admit any
married woman to be a holder of any shares or stock therein
.1
For date of commencement of the Ordinance see post s. 27.
As ainended by No. 50 of 1911.
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.
12. 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 aforesaid respectively, which at the coin
mencenient of this Ordinance shall be standing in the sole naine of
a married woman, or which, after that time, shall be allotted to,
or placed, registered or transferred to or into or made to stand in,
the sole naine of a, married wonian, 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, at. the
commencement of this Ordinance, or at any tinie, aflerwards, shall
be standing in, or shall be allotted to, placed, or trans-
Z3
ferred to or into, or made to stand in, the nanic of any married
wonian jointly with any persons or person other than her husband.
13. 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 stun forming part of
any stocks or funds transferable as aforesaid, or any share, stock,
debenture, debenture stock, or other benefit, right, claun, or other
interest of or in any such corporation, company, public body, or
society as aforesaid, which is now or shall at tiem hereafter be
standing in the sole name of any married wornan, or in the joint
names of such married woman and any other persons or person not
being her husband.
14. 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, 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, shall have been made by a married woman by means
For date of coinniencenient of the Ordinance see post s. 27.
As ainende~ by No. 12 of 1912.
of moneys of her husband, without his consent, the.Court may,
upon an application under section 22, 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
contained 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, shall continue to be in the order and disposition or
reputed ownership of the husband, or to any deposit or other
investinent 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.
15. A married wonian inay by virtue of the power of making
contracts hereinbefore contained effect a policy upon her own life
or the life of her husband for lier sellarale use ; 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 thein, or by any woman on her
own life, and expressed to be tot. 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 objectstherein named, and the
moneys payable under any such polic, shall not, so long as any
object of the trust remains unperfornied, form part of the estate
of the insured, or be subJect to his or her debts: Provided that
if it shall be 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 inoueys payable under the policy,
a sum equal to the premiums so paid. The insured may by the
policy, cr by any niemoranduni tinder his or her hand, appoint a
trustee or trustees of the moneys payable tinder the policy, and
roin 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 mvestnient of the moneys payable
under any Auch 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 tinie afterwards, there shall be no trustee, or
it shall be expedient to appoint a new trustee or new trustees, a
~1
* As amended by No. 12 of 1912.
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, 1901. 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.
16. Every wonian, whether married before or after this Ordi-
nance, shall have in her own nanie against all persons whonisoever,
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 separate property, as if such
property belonged to her as 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 and in any
proceeding under this section a husband or wife shall be competent
to give evidence against each 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 shall have been wrongfully taken by the
husband when leaving or deserting, or about to leave or desert, his
wife.
17. 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 payrnent by the appointment of a receiver and the
sale of the property or otherwise as may, be just.
18. A woman after her ma'rriage shall continue to be liable in
respect and to the extent of her separate property for all debts
For date of coiillnelleelliellt of the Ordinance see post s. 27.
As ameeded by No. 12 of 1912.
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 contributories, under and by virtue of any Ordinance
relating to Joint stock companies; and she may be sued for any
stich debt and for any liability in daniages or otherwise under any
such contract, or in respect of any such wrong; and all sums
recovered against her in respect thereof, or for any costs relating
thereto, shall be payable out of her separate property ; and, as
between her and her husband, unless there be any contract between
them to the contrary, her separate property shall be deenied to be
primarily liable for all such debts, contracts, or wrongs, and for all
damages or costs recovered in respect thereof: Provided always,
that nothing in this Ordinance shall operate to increase or diminish
the liability of any woman married before the conimencement of
this Ordinance 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.
19. A husband shall be liable for the debts of his wife contracted,
and for all contracts entered into or wrongs committed by her,
before marriage, including any liabilities to which she may be so
subject under any Ordinance relating to joint stock companies as
aforesaid, to the extent of all property, whatsoever belonging to his
wife, which lie shall have acquired or become entitled to from or
through his wife, after deducting therefroin any payments made
by him, and any sums for which Judgment may have been
bond fide recovered against him in any proceeding at law, in respect
of any suell debts, contracts, or wrongs for or in respect of which
his wife was liable before her marriage as aforesaid; but he shall
not be liable for the same any further or otherwise; and any Court
in which a husband shall be sued for any such debt shall have power
to direct. any inquiry or proceedings which it may think proper for
the purpose of ascertaining the nature, amount or value of such
property: Provided always, that nothing in this Ordinance con-
tained shall operate to increase or diminish the liability of any
husband married before the commencement of this Ordinance for or
in respect of any such debt or other liability of his wife. as aforesaid.
* For date of commencement of the Ordinance see post s. 27.
20. A husband and wife may be jointly sued in respect of any
such debt or other liability (whether by contract or for any wrong)
contracted or incurred by the wife before marriage as aforesaid,
if the plaintiff in the action shall seek to establish his claim, either
wholly or in part, against both of them; and if in any such action,
or in any action, brought, in respect of any such debt or liability
against the husband alone, it is not found that the husband is liable
in respect of any property of the wife so acquired by hini or to
which he shall have become entitled as aforesaid, lie shall have
judgment for his costs of defence, whatever may be the result of
the action aea.inst the wife if jointly sued with him; and in any
such action against husband and wife jointly, if it appears that
the husband is liable for the debt or damages recovered, or any
part thereof, the judgment to the extent of the amount for which
the husband is liable shall be a joint judgment against the husband
personally and against the wife as to her separate property . and
as to the residue, if any, of such debt and the 'judgment
shall be a separate judgment against the wife, as- to her separate
property only.
21. Any wife doing any act with respect to 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, tinder this Ordinance, shall in like manner be liable to
criminal proceedings by her husband.
22. In any question between husband and wife as to the title to
or possession of property, either party, or any such bank, cor-
poration, company, public body, or society as aforesaid in whose
books any stocks, funds or shares of either party are standing, may
apply by summons or otherwise in a suinniary way to a Judge, and
he inay 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 shall think 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
* As amWided by No. 12 of 1912 and No. 13 of 1912.
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.
23. 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 J . ointly 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, company,
public body, or society in that character, without her husband, as
is she were a feme sole.
24. Nothing in this Ordinance contained shall interfere with or
affect any settlertient or agreement for a settlement. made or to be
made, whether before or after marriage, respecting the property of
any married woman, or shall interefere 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 anv settleinent or agreement for a settlement of a woman's own
property to be inade or entered into by herself shall have any
validity acrainst debts contracted by her before, marriage, and no
settlement or agreement for a settlernent shall have any greater
force or validity acyalrist creditors of such woman than a like
settlement or aerreen-tent for a settlement made or entered into by
a man would have against his creditors.
25. For the purposes of this Ordinance the lecral personal repre-
c)
sentative of any married woman shall in respect of her separate
estate have the same rights and liabilities and be subject to the
same jurisdiction as she would be if she were living.
26. 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 shail not require to be re-executed or
republilshed after the death of her husband.
27. This Ordinance shall be deerned to have been in force lit this
Colony on and from Ist January, 1883, the date when the Married
Women's Property Act, 1882, came into force in England.
Provided always that nothing in this Ordinance contained 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 inade or such charge
or trust created or such disposition made or effected prior to 1.51h
June, 1906.
Short title. Interpretation. [45 & 46 Vict. C. 75 s.24.] Married woman to be capable of holding property and of contracting as feme sole. [45 & 46 Vict. C.75 s. 1(1) & (2).] Effect of contracts by married women. [56 & 57 vict. C. 63 s. 1.] Bankruptcy of married separate trader. [45 & 46 Vict. C. 75 s. 1 (5).] Property of a woman married after the Ordinance to be held by her as feme sole. [ib. s. 2.] Loans by wife to husband. [ib. s. 3.] Execution of general power [ib. s. 4.] Property acquired after 1st January, 1883, by a woman married before to be held by her as a feme sole. [ib. s. 5.] 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. [ib.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. [ib. s. 9.] Fraudulent investments with money of husband. [ib. s. 10.] Moneys payable under policy of assurance not to form part of estate of the insured. [45 & 46 Vict. C. 75 s. 11.] No.5 of 1901. Remedies of maried woman for portection and security of sparate 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 ante-nuptial debts and liabilities. [45 & 46 Vict. c. 75 s. 13.] Husband to be liable for his wife's debts contracted before marriage to a certain extent. [45 & 46 Vict. C. 75 s. 14.] Suits for ante-nuptial liabilities [45 & 46 Vict. C. 75 s. 15.] Act of wife liable to criminal proceedings. [ib. s. 16.] cf. No. 14 of 1906 s. 5. Questions between husband and wife as to property to be decided in a summary way. [ib. s. 17.] Married woman as executrix or trustee. [45 & 46 Vict. C. 75 s. 18] Saving of existing settlements. [ib.s. 19.] Legal representative of maried woman. [ib. s. 23.] Will of married woman. [56 & 57 Vict. C. 63 s. 13.] [7 Will. 4 & 1 Vict. C. 26.] Coming into force of Ordinance. [45 & 46 Vict. C. 75.] Saving of existing judgments, etc.
To amend the law relating to the Property of Married Women
[15th JUDe, 1906.]
1. The Married Women's Property Ordinance, 1906.
2. In this Ordinance,~
As arnended by No. 9 of 1906, No. 12 of 1912 and No. 13 of 1912.
As ainended by No. 12 of 1912 and No. 43 of 1912 Supp. Sched.
As amentled by No. 13 of 1912 and No. 43 of 1912 Supp. Sched.
Contract - includes the acceptanc6 of anv trust, or of the office
of executrix or adininistratrix, 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 derastquit committed by any
married woman being a trustee. or executrix or adininistratrix either
before or after her marriage, and her husband shall not be subject
to such liabilities unless he has acted or internieddled in the trust
or administration :
' Property ' includes a chose in action.
3.-M A married woman shall in accordance with the provisions
of this Ordinance be capable of acquiring, holding, and disposing
by will or otherwise, of any immovable or movable property as her
separate property, in the same manner as if she were a feme sole,
without the intervention of any trustee.
(`2) A married woman shall be capable of entering into and
rendering lerself liable in respect of and to the extent of her
separate property on any contract, and of suing, and being sued,
either in contract or in tort, or otherwise, in all respects as if she
were a feme sole, and her husband need not be joined with her as
plaintiff or defendant, or be made a. party to any action or other legal
proceeding brought by or taken against her; and any damages or
costs awarded to her in any -action or proceeding shall be her
separate property; and any damages or costs awarded against her
in any such action or proceeding shall be recoverable out of her
separate property, and not otherwise.
4. Every contract hereafter entered into by a married woman,
otherwise than as agent,-
(a) shall be deemed to be a contract entered into by her with
respect to and to bind her separate property whether she is or is
riot. in fact possessed of or entitled to any separate property at the
time when she enters into such contract;
(b) shall bind all separate property which she mav at that time
or thereafter be possessed of or entitled to; and
(c) shall also be enforceable by process of law aguinst all property
which she may thereafter while discovert be possessed of or entitled
to :
As arnended by No. 13 of 1912 and No. 43 of 1912 Supp. Sched.
Provided that nothing in this section contained shall render
available to satisfy any liability or obligation arising out of such
contract any separate. property which at that thne or thereafter she
is restrained from anticipating.
5. Every married woman carrying on a trade separately from her
husband shall, in respect of her separate property, be subject to the
bankruptcy laws in the same way as if she were a feme sole.
6. Every woman who marries after the coniniencement of this
Ordinance shall be entitled to have and to bold as her separate
property and to dispose of in manner aforesaid all real and personal
property, whether held by her as a trustee or beneficially, which
shall belong to her at the time of marriage, or shall be acquired by
or devolve upon her after marriage, including any wages, earnings,
money, and property gained or acquired by her in any, employment,
trade, or occupation in which she is engaged, or she carries
on separately from her husband, or by the. of literary ,
artistle, or scientific skill.
7. Any money or other estate of the wife Ient or entnisted by her
to her husband fbr the purpose of ans, trade or business carried on
by him, or otherwise, shall be treated as assets of her husband's
estate in case of his bankruptcy, under reservation of the wife's
claim to a dividend as a creditor for the amount or value of such
money or other estate after, but not before, all claims of the other
creditors of the, husband for valuable consideration in money or
money's worth have been satisfied.
8. The execution of a general power by will by a married woman
shall have the effect of making the pro-perty appointed liable for her
debts and other liabilities in the same manner as her separate estate
is made liable under this Ordinance.
9. Every woman married before Ist January, 1883, shall be
entitled to have and to bold and to dispose of in manner
aforesaid as her separate property all real and personal property
her title to which, whether-vested or contingent, and whether in
possession, reversion, or remainder shall have accrued after Ist
January, 1883, including any wages, earnings, money, and property
so gained or acquired by her as aforesaid.
For date of commencement of the Ordinance see post s. 27.
As ainendgd by No. 5 of 1907.
10. All deposits in any savings. bank, or in any other bank, all
annuities granted by any person, and all sunis forming part of any
stock or funds transferable in the books of any bank, which at the
commencement of this Ordinance are 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 at the commencement of this Ordi-
nance are standing in her naine, shall be deemed, unless and
untfl the contrarY be shown, to be the separate property of such
married wonian : and the fact that any stich deposit, annuity,
suni forming part of any stocks or funds transferable in the books
of an.~ bank, share, stock, debenture, debenture stock, or other
interest as aforesaid, is standing in the sole nanie of a married
woman, shall be sufficient prima facie evidence that she is bene-
ficially entitled thereto for her separate use, so as to authorise and
einpowei. her to receive or transfer the sanie, and to receive the
dividends, and to indemnify all directors, nianagers ' and trustees
of every such bank, corporation, company, public body., or society as
aforesaid, in repsect thereof
11. -All sums forining part of any other stocks or funds transfer-
able in the books of anv bank, and all such deposits and annuities
respectively--- as are mentioned in the last section, and all shares,
stock, debentures, debenture stock, and other interests of or in
any such corporation, company, public, body, or society as afore-
said, which after the commencenient of this Ordinance shall be
allotted to. or placed, registered, or transferred in or into or
made. to stand in the sole name of any married woulan shall be
deemed, unless and until the contrary be shown, to be her separate
property, in respect of which, so far as any liability may be
incident thereto, her separate estate shall alone be. liable, whether
the same shall be so expressed in the document whereby her title
to the same is created or certified, or in the books or register
wherein her title is entered or recorded, or not...
Provided always, that nothing in this Ordinance shall require or
authorise any corporation or joint stock company to admit any
married woman to be a holder of any shares or stock therein
.1
For date of commencement of the Ordinance see post s. 27.
As ainended by No. 50 of 1911.
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.
12. 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 aforesaid respectively, which at the coin
mencenient of this Ordinance shall be standing in the sole naine of
a married woman, or which, after that time, shall be allotted to,
or placed, registered or transferred to or into or made to stand in,
the sole naine of a, married wonian, 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, at. the
commencement of this Ordinance, or at any tinie, aflerwards, shall
be standing in, or shall be allotted to, placed, or trans-
Z3
ferred to or into, or made to stand in, the nanic of any married
wonian jointly with any persons or person other than her husband.
13. 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 stun forming part of
any stocks or funds transferable as aforesaid, or any share, stock,
debenture, debenture stock, or other benefit, right, claun, or other
interest of or in any such corporation, company, public body, or
society as aforesaid, which is now or shall at tiem hereafter be
standing in the sole name of any married wornan, or in the joint
names of such married woman and any other persons or person not
being her husband.
14. 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, 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, shall have been made by a married woman by means
For date of coinniencenient of the Ordinance see post s. 27.
As ainende~ by No. 12 of 1912.
of moneys of her husband, without his consent, the.Court may,
upon an application under section 22, 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
contained 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, shall continue to be in the order and disposition or
reputed ownership of the husband, or to any deposit or other
investinent 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.
15. A married wonian inay by virtue of the power of making
contracts hereinbefore contained effect a policy upon her own life
or the life of her husband for lier sellarale use ; 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 thein, or by any woman on her
own life, and expressed to be tot. 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 objectstherein named, and the
moneys payable under any such polic, shall not, so long as any
object of the trust remains unperfornied, form part of the estate
of the insured, or be subJect to his or her debts: Provided that
if it shall be 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 inoueys payable under the policy,
a sum equal to the premiums so paid. The insured may by the
policy, cr by any niemoranduni tinder his or her hand, appoint a
trustee or trustees of the moneys payable tinder the policy, and
roin 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 mvestnient of the moneys payable
under any Auch 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 tinie afterwards, there shall be no trustee, or
it shall be expedient to appoint a new trustee or new trustees, a
~1
* As amended by No. 12 of 1912.
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, 1901. 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.
16. Every wonian, whether married before or after this Ordi-
nance, shall have in her own nanie against all persons whonisoever,
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 separate property, as if such
property belonged to her as 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 and in any
proceeding under this section a husband or wife shall be competent
to give evidence against each 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 shall have been wrongfully taken by the
husband when leaving or deserting, or about to leave or desert, his
wife.
17. 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 payrnent by the appointment of a receiver and the
sale of the property or otherwise as may, be just.
18. A woman after her ma'rriage shall continue to be liable in
respect and to the extent of her separate property for all debts
For date of coiillnelleelliellt of the Ordinance see post s. 27.
As ameeded by No. 12 of 1912.
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 contributories, under and by virtue of any Ordinance
relating to Joint stock companies; and she may be sued for any
stich debt and for any liability in daniages or otherwise under any
such contract, or in respect of any such wrong; and all sums
recovered against her in respect thereof, or for any costs relating
thereto, shall be payable out of her separate property ; and, as
between her and her husband, unless there be any contract between
them to the contrary, her separate property shall be deenied to be
primarily liable for all such debts, contracts, or wrongs, and for all
damages or costs recovered in respect thereof: Provided always,
that nothing in this Ordinance shall operate to increase or diminish
the liability of any woman married before the conimencement of
this Ordinance 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.
19. A husband shall be liable for the debts of his wife contracted,
and for all contracts entered into or wrongs committed by her,
before marriage, including any liabilities to which she may be so
subject under any Ordinance relating to joint stock companies as
aforesaid, to the extent of all property, whatsoever belonging to his
wife, which lie shall have acquired or become entitled to from or
through his wife, after deducting therefroin any payments made
by him, and any sums for which Judgment may have been
bond fide recovered against him in any proceeding at law, in respect
of any suell debts, contracts, or wrongs for or in respect of which
his wife was liable before her marriage as aforesaid; but he shall
not be liable for the same any further or otherwise; and any Court
in which a husband shall be sued for any such debt shall have power
to direct. any inquiry or proceedings which it may think proper for
the purpose of ascertaining the nature, amount or value of such
property: Provided always, that nothing in this Ordinance con-
tained shall operate to increase or diminish the liability of any
husband married before the commencement of this Ordinance for or
in respect of any such debt or other liability of his wife. as aforesaid.
* For date of commencement of the Ordinance see post s. 27.
20. A husband and wife may be jointly sued in respect of any
such debt or other liability (whether by contract or for any wrong)
contracted or incurred by the wife before marriage as aforesaid,
if the plaintiff in the action shall seek to establish his claim, either
wholly or in part, against both of them; and if in any such action,
or in any action, brought, in respect of any such debt or liability
against the husband alone, it is not found that the husband is liable
in respect of any property of the wife so acquired by hini or to
which he shall have become entitled as aforesaid, lie shall have
judgment for his costs of defence, whatever may be the result of
the action aea.inst the wife if jointly sued with him; and in any
such action against husband and wife jointly, if it appears that
the husband is liable for the debt or damages recovered, or any
part thereof, the judgment to the extent of the amount for which
the husband is liable shall be a joint judgment against the husband
personally and against the wife as to her separate property . and
as to the residue, if any, of such debt and the 'judgment
shall be a separate judgment against the wife, as- to her separate
property only.
21. Any wife doing any act with respect to 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, tinder this Ordinance, shall in like manner be liable to
criminal proceedings by her husband.
22. In any question between husband and wife as to the title to
or possession of property, either party, or any such bank, cor-
poration, company, public body, or society as aforesaid in whose
books any stocks, funds or shares of either party are standing, may
apply by summons or otherwise in a suinniary way to a Judge, and
he inay 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 shall think 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
* As amWided by No. 12 of 1912 and No. 13 of 1912.
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.
23. 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 J . ointly 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, company,
public body, or society in that character, without her husband, as
is she were a feme sole.
24. Nothing in this Ordinance contained shall interfere with or
affect any settlertient or agreement for a settlement. made or to be
made, whether before or after marriage, respecting the property of
any married woman, or shall interefere 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 anv settleinent or agreement for a settlement of a woman's own
property to be inade or entered into by herself shall have any
validity acrainst debts contracted by her before, marriage, and no
settlement or agreement for a settlernent shall have any greater
force or validity acyalrist creditors of such woman than a like
settlement or aerreen-tent for a settlement made or entered into by
a man would have against his creditors.
25. For the purposes of this Ordinance the lecral personal repre-
c)
sentative of any married woman shall in respect of her separate
estate have the same rights and liabilities and be subject to the
same jurisdiction as she would be if she were living.
26. 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 shail not require to be re-executed or
republilshed after the death of her husband.
27. This Ordinance shall be deerned to have been in force lit this
Colony on and from Ist January, 1883, the date when the Married
Women's Property Act, 1882, came into force in England.
Provided always that nothing in this Ordinance contained 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 inade or such charge
or trust created or such disposition made or effected prior to 1.51h
June, 1906.
Short title. Interpretation. [45 & 46 Vict. C. 75 s.24.] Married woman to be capable of holding property and of contracting as feme sole. [45 & 46 Vict. C.75 s. 1(1) & (2).] Effect of contracts by married women. [56 & 57 vict. C. 63 s. 1.] Bankruptcy of married separate trader. [45 & 46 Vict. C. 75 s. 1 (5).] Property of a woman married after the Ordinance to be held by her as feme sole. [ib. s. 2.] Loans by wife to husband. [ib. s. 3.] Execution of general power [ib. s. 4.] Property acquired after 1st January, 1883, by a woman married before to be held by her as a feme sole. [ib. s. 5.] 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. [ib.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. [ib. s. 9.] Fraudulent investments with money of husband. [ib. s. 10.] Moneys payable under policy of assurance not to form part of estate of the insured. [45 & 46 Vict. C. 75 s. 11.] No.5 of 1901. Remedies of maried woman for portection and security of sparate 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 ante-nuptial debts and liabilities. [45 & 46 Vict. c. 75 s. 13.] Husband to be liable for his wife's debts contracted before marriage to a certain extent. [45 & 46 Vict. C. 75 s. 14.] Suits for ante-nuptial liabilities [45 & 46 Vict. C. 75 s. 15.] Act of wife liable to criminal proceedings. [ib. s. 16.] cf. No. 14 of 1906 s. 5. Questions between husband and wife as to property to be decided in a summary way. [ib. s. 17.] Married woman as executrix or trustee. [45 & 46 Vict. C. 75 s. 18] Saving of existing settlements. [ib.s. 19.] Legal representative of maried woman. [ib. s. 23.] Will of married woman. [56 & 57 Vict. C. 63 s. 13.] [7 Will. 4 & 1 Vict. C. 26.] Coming into force of Ordinance. [45 & 46 Vict. C. 75.] Saving of existing judgments, etc.
Abstract
Short title. Interpretation. [45 & 46 Vict. C. 75 s.24.] Married woman to be capable of holding property and of contracting as feme sole. [45 & 46 Vict. C.75 s. 1(1) & (2).] Effect of contracts by married women. [56 & 57 vict. C. 63 s. 1.] Bankruptcy of married separate trader. [45 & 46 Vict. C. 75 s. 1 (5).] Property of a woman married after the Ordinance to be held by her as feme sole. [ib. s. 2.] Loans by wife to husband. [ib. s. 3.] Execution of general power [ib. s. 4.] Property acquired after 1st January, 1883, by a woman married before to be held by her as a feme sole. [ib. s. 5.] 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. [ib.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. [ib. s. 9.] Fraudulent investments with money of husband. [ib. s. 10.] Moneys payable under policy of assurance not to form part of estate of the insured. [45 & 46 Vict. C. 75 s. 11.] No.5 of 1901. Remedies of maried woman for portection and security of sparate 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 ante-nuptial debts and liabilities. [45 & 46 Vict. c. 75 s. 13.] Husband to be liable for his wife's debts contracted before marriage to a certain extent. [45 & 46 Vict. C. 75 s. 14.] Suits for ante-nuptial liabilities [45 & 46 Vict. C. 75 s. 15.] Act of wife liable to criminal proceedings. [ib. s. 16.] cf. No. 14 of 1906 s. 5. Questions between husband and wife as to property to be decided in a summary way. [ib. s. 17.] Married woman as executrix or trustee. [45 & 46 Vict. C. 75 s. 18] Saving of existing settlements. [ib.s. 19.] Legal representative of maried woman. [ib. s. 23.] Will of married woman. [56 & 57 Vict. C. 63 s. 13.] [7 Will. 4 & 1 Vict. C. 26.] Coming into force of Ordinance. [45 & 46 Vict. C. 75.] Saving of existing judgments, etc.
Identifier
https://oelawhk.lib.hku.hk/items/show/948
Edition
1912
Volume
v2
Subsequent Cap No.
182
Cap / Ordinance No.
No. 5 of 1906
Number of Pages
11
Files
Collection
Historical Laws of Hong Kong Online
Citation
“MARRIED WOMEN'S PROPERTY ORDINANCE, 1906,” Historical Laws of Hong Kong Online, accessed March 15, 2025, https://oelawhk.lib.hku.hk/items/show/948.
