The Married Women’s Property Bill, which has passed the second reading in the Legislative Council, and is now in a fair way to become law this session. During each of the past two years a measure of a somewhat similar character, was introduced, but from one cause or another, it became shelved. The present Bill brought forward by the Hon. Mr Whitaker, differs from the Bills on the same subject introduced by that gentleman last year, and the Hon. Mr Waterhouse, the year preceding, inasmuch as (with the excision of a few clauses not applicable to the Colony) it is a reprint of the Imperial Act recently passed by the English Parliament. The object, the Attorney General explained, when moving the second reading of the Rill, in adhering :i< closely as possible Io he wo-ill ■ - - the English Act, was to keep tuc legislation of this colony on the sub-
ject, as near as could be to the English legislation. By this means the decisions of the English Courts as to the construction of the different clauses of the Act, Would in time, become valuable precedents for the Courts of the Colony. The Bill provides that the liability of a married woman shall extend to her trust estate, and her husband shall not be subject to such liabilities unless he had acted or intermedled in the trust or administration. Married woman may hold as femme role and may sue or be sued ; may enter into contracts if she carried on trade separately from her husband ; may become bankrupt as & femme role. Loans by a wife to a husband are to be treated as asseste of her husband’s estate incase of his bankruptcy under reservation of the wife’s claim to a dividend as a creditor for the value of such money or other property, after but not before all claims of other creditors, of the husband for valuable consideration in money or money’s worth have been satisfied. The execution of general power by will, by married women, or by husbands, to be void. The wife may insure her own or her husband’s life to her separate use, moneys payable under such polity not to form part of the property of insured. Remedies are given to married women for the protection and security of their separate property. Under this Act a married women may hold stock, &c., or invest in companies. A husband is only to be liable for antenuptial debts to the extent of the property acquired, with his wife. Property disputes between husband and wife are to be summarily decided. A married as an executrix or trustee may sue or be sued as a femme sole. She is also responsible for the maiutenence of her husband ana children.
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Poverty Bay Standard, Volume XI, Issue 1330, 17 July 1883, Page 2
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457Untitled Poverty Bay Standard, Volume XI, Issue 1330, 17 July 1883, Page 2
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