4576-1906-Bills-read-a-first-time--Married-Women-s-Property — Page 6

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THE HONGKONG GOVERNMENT GAZETTE, MAY 18, 1906.

Questions between bus

band and wife as to

way.

1882, section 17.)

22. In any question between husband and wife as to the title to or possession of property, either party, or any such bank, corporation, company, public body, or so- ciety as aforesaid in whose books any stocks, funds, or property to be decided shares of either party are standing, may apply by summons inasummary or otherwise in a summary way to any judge of the Supreme Court, and the judge of the Supreme Court may make (M.W.P. Act, 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 order of a judge of the Supreme Court to be made under the provisions of this section shall be subject to appeal in the same way as an order made by the same 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 Supreme Court in camera as the circumstances of the case may require. Provided also, that any such bank, corporation, company, publie body, or society as #foresaid, shall, in the matter of any such application for the purposes of costs or otherwise, be treated as a stakeholder only.

Married

trustee.

(M.W.P. Act, 1882, section 18.)

23. A married woman who is an excentrix or adminis- woman as au tratrix aloue or jointly with any other person or persons of executrix or the estate of any deceased person, or a trustee alone or jointly as aforesaid of property subject to any trust, may sne 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, debeature, 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 if she were a feme sole.

Saving of existing settlements,

and the power to

make future settlements. (M.W.P. Act, 1882, section 19.)

24. Nothing in this Ordinance contained shall interfere with or affect any settlement or agreement for a settlement made or to be made, whether before or after marriage, respecting the property of any married woman, or shall interfere 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 settlemeut, will, or other instrument; but no restriction against anticipation contained in any settlement or agreement for a settlement of a woman's own property to be made or entered into by herself shall have any validity against debts contracted by her before marriage, and no settlement or agreement for a settlement shall have any greater force or validity against creditors of such woman than a like settlement or agreement for a settlement made or entered into by a man would have against his creditors.

Legal repre-

25. For the purposes of this Ordinance the legal personal sentative of representative of any married woman shall in respect of married her separate estate have the same rights and liabilities and woman. be subject to the same jurisdiction as she would be if she 1882, scetion were living.

(M.W.P. Act,

23.)

Will of married

woman.

(M.W.P.

Act, 1893, section 3)

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 shall not require to be re-executed or republished after the death of her husband.

27. This Ordinanes shall be deemed to have been in force in this Colony on and from the 1st day of January, 1883, the date when the enactment of the Imperial Parlia- ment entitled the Married Women's Property Act, 1882, came into force in England.