e
THE HONGKONG GOVERNMENT GAZETTE, JUNE 15, 1906.
band and
22. In any question between husband and wife as to Questions the title to or possession of property, either party, or between hus- any such bank, corporation, company, public body, or so- wife as to ciety as aforesaid in whose books any stocks, funds, or
property to shares of either party are standing, may apply by sammous he decided or otherwise in a summary way to any judge of the Supreme in a summary Court, and the judge of the Supreme Court may make way. such order with respect to the property in dispute, and as (M.W.P. Act, to the costs of and consequent on the application as he 1882, section
17.) 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 manuer 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, 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.
executrix or
23. A married woman who is an excentrix or adminis- Married tratrix alone or jointly with any other person or persous of woman as an the estate of any decensed person, or a trustre alone or trustee. jointly as aforesaid of property subject to any trust, may (M.W.P. sue or be sned, and may transfer or join in transferring any Act, 1882, such aunuity or deposit as aforesaid, or any sum forming section 18.) 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 if she were a feme sole.
24. Nothing in this Ordinance contained shall interfere Saving of with or affect any settlement or agreement for a settlement existing
settlements, made or to be made, whether before or after marriage, and the respecting the property of any married woman, or shall power to interfere with or render inoperative any restriction against make future anticipation at present attached or to be hereafter attached settlements.
(M.W.P. to the enjoyment of any property or income by a woman Act, 1882, under any settlement, agreement for a settlement, will, section 19) 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.
25. For the purposes of this Ordinance the legal personal Legal repre- representative of any married woman shall in respect of sentative of her separate estate have the same rights and liabilities and he subject to the same jurisdiction as she would be if she were living.
married
woman,
(M.W.P.Act, 1882, scerion 23.)
woman.
26. Section 24 of the Wills Act, 1837, shall apply to Will of the will of a married woman made during coverture whether married she is or is not possessed of or entitled to any separate property at the time of making it, and such will shall not Act. 1893. require to be re-executed or republished after the death of section 3.) her husband.
27. This Ordinance shall be deemed to have been in force in this Colony on and from the 1st day of Jaunary, 1883, the date when the enactment of the Imperial Parliá- ment entitled the Married Women's Property Act, 1882, came into force in Eugland.
Passed the Legislative Council of Hongkong, this 14th day of June, 1906.
A. G. M. FLETCHER, Clerk of Councils.
Assented to by His Excellency the Governor, the 15th
day of June, 1906.
T. SERCOMBE SMITH, Colonial Secretary.
(M.W.P.
999
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