4717-1906-Ordinances-passed-and-assented-to--Supplementary-Appropriation-No-4- — Page 6

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THE HONGKONG GOVERNMENT GAZETTE, JUNE 15, 1906.

Wife's ante-

ties. (M.W.P. Act, 1882. section 13.)

18. A woman after her marriage shall continue to be nuptial debts liable in respect and to the extent of her separate property and habil.

for all debts 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 such debt and for any liability in damages 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 deemed 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 commencement of this Ordinance for any such debt, con- tract, or wrong, as aforesaid, except as to any separate property to whieli 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.

Husband to

his wife's debts

tracted

before

con-

marriage to a certain

extent.

(M.W.P. Act, 1882, section 14.)

19. A husband shall be liable for the debts of his wife be liable for contracted, and for all contracts entered into or wrongs committed by her, before marriage, including any liabilities Ordinance to which she may be so subject under any relating to joint stock companies as aforesaid, to the extent of all property whatsoever belonging to his wife which he shall have acquired or become entitled to from or through his wife, after deducting therefrom any payments made by him, and any sums for which judgment may have been bonâ fide recovered against him in any proceeding at law, in respect of any such 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 valne of such property: Provided always, that nothing in this Ordinance contained shall operate to increase or diminish the liability of any husband married before the commence- ment of this Ordinance for or in respect of any such debt or other liability of his wife as aforesaid.

Suits for

ante nuptial

liabilities. (M.W.P. Act, 1882, section 15.)

Act of wife liable to criminal proceedings. (M.W.P. Act, 1882, section 16.)

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 seck to establish his claim, either wholly or in part, against both of them; and if in any such action, or în 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 him or to which he shall have become entitled as aforesaid, he shall have judgment for his costs of defence, whatever may be the result of the action against the wife if jointly sned 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 damages, the judg- ment shall be a separate judgment against the wife as to her separate property ouly.

21. A wife doing any act with respect to any 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 under this Ordinance, shall in like mauner be liable to criminal proceedings by her

husband.