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she may be married, and her receipts alone shall be a good discharge for such wages, earnings, money, and property.

savings

deemed her

II. Notwithstanding any provision to the contrary in the act Deposits in of tenth year of George the fourth, chapter twenty-four, enabling banks by a the commissioners for the reduction of the national debt to grant married life annuities and annuities for terms of years, or in the acts re- woman to be lating to savings banks and post office savings banks, any deposit separate prohereafter made and any annuity granted by the said commissioners perty. under any of the said acts in the name of a married woman, or in the name of a woman who may marry after such deposit or grant, shall be deemed to be the separate property of such woman, and the same shall be accounted for and paid to her as if she were an unmarried woman; provided that if any such deposit is made by, or such annuity granted to, a married woman by means of moneys of her husband without his consent, the court may, upon an application under section nine of this act, order such deposit or annuity or any part thereof to be paid to the husband.

Proviso.

married

III. Any married woman, or any woman about to be married, As to a may apply to the governor and company of the Bank of England, woman's or to the governor and company of the Bank of Ireland, by a form property in to be provided by the governor of each of the said banks and com- the funds. pany for that purpose, that any sum forming part of the public stocks and funds, and not being less than twenty pounds, to which the woman so applying is entitled, or which she is about to acquire, may be transferred to or made to stand in the books of the governor and company to whom such application is made in the name or intended name of the woman as a married woman entitled to her separate use, and on such sum being entered in the books of the said governor and company accordingly, the same shall be deemed to be the separate property of such woman, and shall be transferred and the dividends paid as if she were an unmarried woman; provided that if any such investment in the funds is made by a married woman by means of moneys of her husband without his consent, the Court may, upon an application under section nine of this act, order such investment and the dividends thereof, or any part thereof, to be transferred and paid to the husband.

IV. Any married woman, or any woman about to be married, may apply in writing to the directors or managers of any incorporated or joint stock company that any fully paid up shares, or any debenture or debenture stock, or any stock of such company, to the holding of which no liability is attached, and to which the woman so applying is entitled, may be registered in the books of the said company in the name or intended name of the woman as a married woman entitled to her separate use, and it shall be the duty of such directors or managers to register such shares or stock accordingly, and the same upon being so registered shall be deemed to be the separate property of such woman, and shall be

As to a

married woman's pro

perty in a

joint stock

company.

As to a

married

Woman's

a society.

transferred and the dividends and profits paid as if she were an unmarried woman; provided that if any such investment as last mentioned is made by a married woman by means of moneys of her husband without his consent, the Court may, upon an application under section nine of this act, order such investment and the dividends and profits thereon, or any part thereof, to be transferred and paid to the husband.

V. Any married woman, or any woman about to be married, may apply in writing to the committee of management of any inproperty in dustrial and provident suciety, or to the trustees of any friendly society, benefit building society, or loan society, duly registered, certified, or enrolled under the acts relating to such societies respectively, that any share, benefit, debenture, right, or claim whatsoever in, to, or upon the funds of such society, to the holding of which share, benefit, or debenture no liability is attached, and to which the woman so applying is entitled, may be entered in the books of the society in the name or intended name of the woman as a married woman entitled to her separate use, and it shall be the duty of such committee or trustees to cause the same to be so entered, and thereupon such share, benefit, debenture, right, or claim shall be deemed to be the separate property of such woman, and shall be transferable and payable with all dividends and profits thereon as if she were an unmarried woman; provided that if any such share, benefit, debenture, right, or claim has been obtained by a married woman by means of moneys of her husband without his consent, the Court may, upon an application under section nine of this Act, order the same and the dividends and profits thereon, or any part thereof, to be transferred and paid to the husband.

Deposit of moneys in fraud of creditors invalid.

Personal

VI. Nothing herein-before contained in reference to moneys deposited in or annuities granted by savings banks or moneys invested in the funds or in shares or stock of any company, shall as against creditors of the husband give validity to any deposit or investment of moneys of the hushand made in fraud of such creditors, and any moneys so deposited or invested may be followed as if this Act had not passed.

VII. Where any woman married after the passing of this Act property not shall during her marriage become entitled to any personal proexceeding £200 coming perty as next of kin or one of the next of kin of an intestate, or to a married to any sum of money not exceeding two hundred pounds under any deed or will, such property shall, subject and without prejudice to the trusts of any settlement affecting the same, belong to the woman for her separate use, and her receipts alone shall be a good discharge for the same.

woman to be her own.

Freehold property

VIII. Where any freehold, copyhold, or customaryhold property shall descend upon any woman married after the passing coming to a of this Act as heiress or co-heiress of an intestate, the rents and profits of such property shall, subject and without prejudice to

married

woman,

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the trusts of any settlement affecting the same, belong to such rents and profits only woman for her separate use, and her receipts alone shall be a toe her good discharge for the same.

own.

ownership of

IX. In any question between husband and wife as to property How quesdeclared by this act to be the separate property of the wife, either tions as to party may apply by summons or motion in a summary way either property o to the Court of Chancery in England or Ireland according as such be settled. property is in England or Ireland, or in England (irrespective of the value of the property) the judge of the County Court of the district in which either party resides, and thereupon the Judge may make such order, direct such inquiry, and award such costs, as he shall think fit; proɣided that any order made by such Judge shall be subject to appeal in the same manner as the order of the same Judge made in a pending suit or on an equitable plaint would have been, and the Judge may, if either party so require, hear the application in his private room.

X. A married woman may effect a policy of insurance upon Married her own life or the life of her husband for her separate use, and women may effect policy. the same and all benefit thereof, if expressed on the face of it to of insurance. be so effected, shall enure accordingly, and the contract in such policy shall be as valid as if made with an unmarried woman.

husband for

wife.

A policy of insurance effected by any married man on his own As to insurlife, and expressed upon the face of it to be for the benefit of his ance of a wife or of his wife and children, or any of them, shall enure and benefit of his be deemed a trust for the benefit of his wife for her separate use, and of his children, or any of them, according to the interest so expressed, and shall not, so long as any object of the trust remains, be subject to the control of the husband or to his creditors, or form part of his estate. When the sum secured by the policy becomes payable, or at any time previously, a trustee thereof may be appointed by the Court of Chancery in England or in Ireland according as the policy of insurance was effected in England or in Ireland, or in England by the judge of the County Court of the district, or in Ireland by the chairman of the Civil Bill Court of the division of the county in which the insurance office is situated, and the receipt of such trustee shall be a good discharge to the office. If it shall be proved that the policy was effected and premiums paid by the husband with intent to defraud his creditors, they shall be entitled to receive out of the sum secured an amount equal to the premiums so paid.

may

XI. A married woman may maintain an action in her own Married name for the recovery of any wages, earnings, money and property women by this act declared to be her separate property, or of any pro- maintain perty belonging to her before marriage, and which her husband an action. shall, by writing under his hand, have agreed with her shall belong to her after marriage as her separate property, and she shall have in her own name the same remedies, both civil and criminal, against all persons whomsoever for the protection

Husband not to be liable

on his wife's contracts before marriage.

Commencement of act.

Act not to extend to Scotland.

Short title.

and security of such wages, earnings, money, and property, and of any chattels or other property purchased or obtained by means thereof for her own use, as if such wages, earnings, money, chattels, and property belonged to her as an unmarried woman; and in any indictment or other proceeding it shall be sufficient to allege such wages, earnings, money, chattels, and property to be her property.

XII. A husband shall not, by reason of any marriage which shall take place after this act has come into operation, be liable for the debts of his wife, contracted before marriage, but the wife shall be liable to be sued for, and any property belonging to her for her separate use shall be liable to satisfy, such debts as if she had continued unmarried.

XV. This act shall come into operation at the time of the passing of this act.

XVI. This act shall not extend to Scotland.

XVII. This act may be cited as the "Married Women's Property Act, 1870."

INDEX.

ABATEMENT of Actions, 180-192: and see Death of Parties, Marriage,
Bankruptcy.

for proceedings in error, 211-213.

plea in must be verified, 54, 93, xi; for nonjoinder of parties, 87-89;
what it should state, 93.

ABSENCE BEYOND SEAS, when not an answer to the statute of
limitations, 19, cxxix.

ABSTRACT for Nisi Prius, 108-110, xix; and see Issues.

form of, 109, 261; amending, 110; where judgment by default
against one of several, 110; when to be furnished, lxviii; settling,
109, xix; to be lodged with pleading's assistant, 108; engross-
ment to be lodged with the registrar, xix.

where improperly altered, 110.

in ejectment form of, 269; to be lodged with pleading's assistant,

224.

ACCEPTANCE OF BILL to be in writing, cxxviii.

ACCORD AND SATISFACTION may be pleaded with other defences
without leave, 56.

ACCOUNT FURNISHED, referring to, II.

ACCOUNT, matter of, may be referred, 282; limitation to actions of,
15, cxxix; action of, by one joint tenant against another, 2.

ACCOUNT STATED, count upon, 52.

ACKNOWLEDGMENT, relying on in answer to statute of limitations,
20-21; where made by agent, cxxx.

ACQUIESCENCE, equitable defence of, 352.
ACQUITTAL, proving, lxxxiv.

ACT:

C. L. P. Act, 1853, title of, I; commencement of, 1.
C. L. P. Act, 1856, title of, 279; commencement of 367.
C. L. P. Act, 1870, title of, 368; commencement of, 368.

ACTS OF STATE, how proved, lxxxii.

ACTION, commencement of, 6, 24, 94.252
notice of, 6; relying on want of, 67.

ADDING COUNTS, 243.

ADDING DEFENCES, 243, 244.

ADDING PARTIES; see Nonjoinder of Parties, Amendment.

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