230481-1936-Supplementary-Draft-Bills--Married-Women-Tortfeasors-Liquors-Amendment — Page 2

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(2) Any instrument executed after the commencement of this Ordinance shall, in so far as it purports to attach to the enjoyment of any property by a woman any restriction upon anticipation or alienation which could not have been attached to the enjoyment of that property by a man, be void.

(3) For the purposes of the provisions of this section relating to restrictions upon anticipation or alienation-

(a) an instrument attaching such a restriction as afore- said executed after the commencement of this Ordinance in pursuance of an obligation imposed before such commence- ment to attach such a restriction shall be deemed to have been executed before such commencement;

(b) a provision contained in an instrument made in exercise of a special power of appointment shall be deemed to be contained in that instrument only and not in the instru- ment by which the power was created; and

(c) the will of any testator who dies after the thirty- first day of December, 1945, shall (notwithstanding the actual date of the execution thereof) be deemed to have been executed after the commencement of this Ordinance.

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Subject to the provisions of this Ordinance, the husband of a married woman shall not, by reason only of his being her husband, be liable--

Abolition of husband's liability for wife's torts and ante-

contracts, debts and

(a) in respect of any tort committed by her whether nuptial before or after the marriage, or in respect of any contract, entered into, or debt or obligation incurred, by her before the marriage; or

(b) to be sued, or made a party to any legal proceeding brought, in respect of any tort, contract, debt or obligation.

5.-(1) Nothing in this Ordinance shall-

obligations.

25 & 26 Geo. 5, c. 30, s. 3.

Savings. 25 & 26

ance No. 5

(a) during coverture which began before the first day Geo. 5, c. 30, of January, 1883, affect any property to which the title s. 4. (whether vested or contingent, and whether in possession, cf. Ordin- reversion, or remainder) of a married woman accrued before of 1906, that date, except property held for her separate use in s. 27. equity;

(b) affect any legal proceeding in respect of any tort if proceedings had been instituted in respect thereof before the passing of this Ordinance;

(c) enable any judgment or order against a married woman in respect of a contract entered into or debt or obligation incurred, before the passing of this Ordinance, to be enforced in bankruptcy or to be enforced otherwise than against her property.

(2) For the avoidance of doubt it is hereby declared that nothing in this Ordinance-

(a) renders the husband of a married woman liable in respect of any contract entered into, or debt or obligation incurred, by her after the marriage in respect of which he would not have been liable if this Ordinance had not been passed;

(b) exempts the husband of a married woman from liability in respect of any contract entered into, or debt or obligation (not being a debt or obligation arising out of the