books and forms shall be of such size and form as to admit of the necessary entries being conveniently made therein. 20 V. c. 66, S. 8. 14. The book by whomsoever furnished shall be the pro- Said books, &c. perty of the Church or Denomination to which the Clergyman of the church to be property or Minister, Clerk or Secretary belongs at the time of the first to which Clerkmarriage which he records therein. 20 V c. 66, s. 3. gyman belongs. MARRIAGE LICENSE FUND. 15. The portion of the Marriage License Fund arising in Marriage Upper Canada, shall be at the disposal of the Legislature, for license fund. public purposes of interest in Upper Canada. 13, 14 V. c. 70. CAP. LXXIII. An Act respecting certain separate rights of property of Married Women. H Legislative Council and assembly of Canada, enacts as ER Majesty, by and with the advice and consent of the follows: hold her pro or control of her husband. 1. Every woman, who has married since the Fourth day of A married May, one thousand eight hundred and fifty-nine, or who marries woman may after this Act takes effect, without any marriage contract or perty free settlement, shall and may, notwithstanding her coverture, have, from the debts hold and enjoy all her real and personal property, whether belonging to her before marriage, or acquired by her "by inheritance, devise, bequest or gift, or as next of kin to an intestate or in any other way after marriage, free from the debts and obligations of her husband and from his control or disposition without her consent, in as full and ample a manner as if she continued sole and unmarried, any law, usage or custom to the contrary notwithstanding; but this clause shall not Proviso. extend to any property received by a married woman from her husband during coverture. 22 V. c. 34, s. 1, (1859.) may hold pro reduced to 2. Every woman who, on or before the said Fourth day of May A woman marone thousand eight hundred and fifty-nine, married without any ried before 4th marriage contract or settlement, shall and may. from and after May, 1859, the said Fourth day of May, one thousand eight hundred and perty not fifty-nine, notwithstanding her coverture, have, hold and enjoy possession of all her real estate not then, that is on the said Fourth day of her husband.. May, taken possession of by the husband, by himself or his tenants, and all her personal property not then reduced into the possession of her husband, whether belonging to her before marriage or in any way acquired by her after marriage, free from his debts and obligations contracted after the said Fourth day of May, one thousand eight hundred and fifty-nine, and from This Act from his control or disposition without her consent, in as full and ample a manner as if she were sole and unmarried; any law, usage or custom to the contrary notwithstanding. 22 V. c. 34, s. 2, (1859.) 3. Nothing herein contain shall be construed to protect the Seizure in exe- property of a married woman from seizure and sale on any execution against her husband for her torts; and in such case, execution shall first be levied on her separate property. Ibid. s. 3. cution in certain cases. Not to affect tenancy by curtesy. Order of protection required as to earnings. In what cases a married wotain an order man may ob protection for her earnings. Purport and effect of such order. How and by discharging 4. No conveyance or other act of a wife in respect of her real estate shall deprive her husband of any estate he may become entitled to as tenant by the curtesy.. Ibid. s. 4. 5. No married woman shall be entitled to her earnings during coverture without an order of protection under the provisions hereinafter contained. Ibid. s. 5. 6. Any married woman having a decree for alimony against her husband, or any married woman who lives apart from her of husband, having been obliged to leave him for cruelty or other cause which by law justifies her leaving him and renders him liable for her support, or any married woman whose husband is a lunatic with or without lucid intervals, or any married woman whose husband is undergoing sentence of imprison-. ment in the provincial penitentiary, or in any gaol for a criminal offence, or any married woman whose husband from babitual drunkenness, profligacy or other cause, neglects or refuses to provide for her support and that of his family, or any married woman whose husband has never been in this Province, or any married woman who is deserted or abandoned by her husband, may obtain an order of protection entitling her, notwithstanding her coverture, to have and enjoy all her earnings and those of her minor children, and any acquisitions there from free from the debts and obligations of her husband and from his control or dispositions, and without his consent, in as full and ample a manner, as if she continued sole and unmarried, any law, usage or custom to the contrary notwithstanding. Ibid. s. 6. 7. The married woman may at any time apply, or the huswhom an order band or any of the husband's creditors may, at any time on notice protection may to the married woman, apply for the discharge of the order of protection; and if an order for such discharge be made, the same may be registered or filed like the original order. Ibid s. 7. be obtained. Either order 8. Either order may issue in duplicate, and when the mar may be in du- ried woman resides in a City or Town where there is a Recorplicate. der or Police Magistrate, the order for protection or any order discharging the same shall be made by the Recorder or Police Magistrate, and shall be registered in the Registry office of the County. Ibid s. 8. By whom to be made in cities and towns. Registration. such city or 9. When the married woman does not reside in a City or By whom made Town where there is a Recorder or Police Magistrate, the order when not in shall be made by the Judge or one of the Judges, or the acting town. or Deputy Judge of the Division Courts or a Division Court of the County in which the married woman resides, and instead of being registered, shall be filed for public inspection with the Clerk of the Division Court of the Division within which the married woman resides. 22 V. c. 34, s. 9, (1859.) 10. The hearing of an application for an order of protection, Hearing may or for an order discharging the same, may be public or private, be public or private. et the discretion of the Judge, Recorder or Police Magistrate. Ibid. s. 10. have effect un 11. The order for protection shall have no effect until it is Order not to registered or filed, and the Registrar or Clerk shall immediately til registered. on receiving the order, endorse thereon the day of registering or filing the same; and a certificate of the registering or filing and date, signed by the Registrar or Clerk for the time being, shall be prima facie evidence of such registering or filing and date; and a copy of the order which is registered or filed, cer- Evidence of tified under the hand of the Registrar or Clerk to be a true thereof, shall be sufficient prima facie evidence of the order without proof of the signature of the Registrar or Clerk, and without further proof of the order itself, or of the making or validity thereof. Ibid. s. 11. copy order, &c. take effect. 12. The order for discharging an order of protection shall From what not in any case be retroactive, but shall take-effect from the time the order discharging time it is made, and the order for protection shall protect the protection shall earnings of the married woman and her children until an order be made discharging such order of protection, and the married. woman shall continue to hold and enjoy to her separate use, whatever during the interval between the registering or filing of the order of protection and the making of the order discharging the same, she may have acquired by the earnings of herself and her minor children. Ibid. s. 12. a husband is ject to his debts 13. Any estate or interest to which a husband may, by vir- Estate to which tue of his marriage, be entitled in the real property of his wife, entitled in the whether acquired before or after the fourth day of May, one property of his thousand eight hundred and fifty nine, or after this Act takes wile, not sub effect, shall not during her life be subject to the debts of the during her life. husband, but this provision shall not affect the right which any person, by or under any judgment or execution obtained against the husband, had obtained in respect of any such estate or interest acquired by a husband before the said Fourth day of May, one thousand eight hundred and fifty-nine. Ibid. s. 13. perty of wife, 14. Every married woman having separate property, whether Separate proreal or personal, not settled by any ante-nuptial contract, shall to be liable for be liable upon any separate contract made or debt incurred by her debts beher before marriage, such marriage being since the said Fourth fore marriage. day of May, one thousand eight hundred and fifty-nine, or after Liability of husband for such debts limited. Marriedwoman may devise or separate property, &c. this Act takes effect, to the extent and value of such separate property, in the same manner as if she were sole and unmarried. 22 V. c. 34, s. 14, (1859.) 15. Every husband who since the said Fourth day of May or hereafter takes any interest in the separate, real or personal property of his wife, under any contract or settlement on marriage, shall be liable upon the contracts made or debts incurred by her before marriage, to the extent or value of such interest only, and no more. Ibid, s. 15. 16. From and after the said Fourth day of May, one thousand beather eight hundred and fifty-nine, and hereafter, every married woman may, by devise or bequest executed in the presence of two or more witnesses, neither of whom is her husband, make any devise or bequest of her separate property, real or personal, or of any rights therein, whether such property was or be acquired before or after marriage, to or among her child or children issue of any marriage, and failing there being any issue, then to her husband, or as she may see fit, in the same manner as if she were sole and unmarried; but her husband shall not be deprived by such devise or bequest of any right he may have acquired as tenant by the curtesy. Ibid, s. 16. Separate per sonal property intestate, how of wife dying to be distributed. As to actions, &c., against wife for debts contracted before marriage. Judgment or decree in such cases. Act not to affect marriage settlements, &c. As to pro perty not 17. The separate personal property of a married woman dying intestate shall be distributed in the same proportions between her husband and children as the personal property of a husband dying intestate is to be distributed between his wife and children; and if there be no child or children living at the death of the wife so dying intestate, then such property shall pass or be distributed as if this Act had not been passed. Ibid, s. 18. 18. In any action or proceeding at law or in equity, by or against a married woman, upon any contract made or debt incurred by her before marriage, her husband shall be made a party if residing within the Province, but if absent therefrom, the action or proceeding may go on for or against her alone; and in the declaration, bill or statement of the cause of action, it shall be alleged that such cause of action accrued before marriage, and also that such married woman has separate estate; and the judgment or decree therein, if against such married woman, shall be to recover of her separate estate only, unless in any action or proceeding against her, in which her husband has been joined as a party, any false plea or answer has been pleaded or put in by him, when the judgment or decree shall be, in addition, to recover against him the costs occasioned by such false plea or answer, as in ordinary cases.. Ibid, s. 19. 19. Nothing in this Act contained shall be construed to prevent any ante-nuptial settlement or contract being made in the same manner and with the same effect as such contract or settlement might be made if this Act had not been passed; but notwithstanding any such contract or settlement, any separate, real real or personal property of a married woman, acquired either coming within before or after marriage, and not coming under or being affected the contract. by such contract or settlement, shall be subject to the provisions of this Act, in the same manner as if no such contract or settlement had been made; and as to such property, and her personal earnings and any acquisitions therefrom, such woman shall be considered as having married without any marriage contract or settlement. 22 V. c. 34, s. 20, (1859.) 20. This Act shall apply and be construed retrospectively to the fourth May, one thousand eight hundred and fifty-nine, as well as prospectively, so as to give full operation and effect thereto as from the time of the passing of the 22 V. c. 34, (1859.) CAP. LXXIV. An Act respecting the appointment of Guardians and HER Majesty, by and with the advice and consent of the follows: APPOINTMENT AND DUTIES OF THE GUARDIANS. appointing 1. The right of appointing guardians of infants (such infants To what Court not having a father living or any legal guardian authorized the right of by law to take the care of their persons and the charge of guardians shall their estates), shall belong exclusively to the Surrogate belong. Court for the County within which any such infants reside, and letters of guardianship granted by a Surrogate Court shall have force and effect in all parts of Upper Canada, and an official certificate of the grant may be obtained as in the case of letters of administration, and a return of every appointment and removal of a guardian shall be made by Registrars respectively to the Surrogate Clerk in like manner as in case of grants of probate or administration. 22 V. c. 93, s. 63,---8 G. 4, c. 6, s. 4. Courts to have tion of witnes 2. In all matters and applications touching or relating to the In matters of appointment, control or removal of guardians of any such infants guardianship, and the security to be given by such guardians and otherwise, same powers the several Surrogate Courts shail have the like powers, juris- for examinadiction and authority for the examination of witnesses, the pro- ses and enforduction of deeds and writings, and generally for the enforcing cing decrees, of all orders, decrees and judgments made or given by such tamentary Surrogate Courts in respect to the appointment, control and matters. removal of guardians as aforesaid, as are given to them by the Surrogate Courts' Act in matters testamentary, and such orders, decrees and judgments may be appealed from to the Court of Chancery in the manner provided for appeals to such Court in matters testamentary. 22 V. c. 93, s. 62. 3. Upon the written application of any such infant, or the friend When Judges or friends of such infant, residing within the jurisdiction of the Surrogate of Probate and Surrogate Courts may |