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MARRIED WOMEN'S PROPERTY ACT, 1874 Complete Act

State: Central

Year: 1874

.....married before 1st January 1866; secondly to declare that a married woman may sue in her own name for any property which by force of the Succession Act, or the proposed Act, is her separate property; thirdly, to relieve the husband of a wife married after the 31st December 1865, from her ante-nuptial debts; and, lastly, to declare that any person entering into a contract with a wife (otherwise than as her husband's agent), shall be entitled to sue her, and, to the extent of her separate property, to recover against her whatever he might have recovered had she been unmarried. Clause 4 (as to a wife's wages and earnings) is equivalent to the Married Women's Property Act (33 and 34 Vic., Chap. 93) section one. Clause 6 is copied from the first paragraph of section ten of that Act. It declares that any married woman may effect a policy of insurance on her own life or on her husband's life, on her own behalf, and that the amount assured shall be her separate property. As the law stands, if a wife effects such a policy (otherwise than out of her separate estate), and dies in her husband's lifetime, the husband, in the capacity of her administrator, becomes the absolute owner of the.....

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MARRIED WOMEN'S PROPERTY ACT, 1874 Chapter IV

Title: LEGAL PROCEEDINGS BY AND AGAINST MARRIED WOMEN

State: Central

Year: 1874

.....all persons, for the protection and security of such property, as is she were unmarried, and she shall be liable to such suits, processes and orders in respect of such property as she would be liable to if she were unmarried. Section 8 - Wife's liability for post-nuptial debts If a married woman (whether married before or after the first day of January, 1866) possesses separate property, and if any person enters into a contract with her with reference to such property, or on the faith that her obligation arising out of such contract will be satisfied out of her separate property, such person shall be entitled to sue her, and to the extent of her separate property, to recover against her whatever he might have recovered in such suit had she been unmarried at the date of the contract and continued unmarried at the execution of the decree : 1 [Provided that nothing herein contained shall-- (a) entitle such person to recover anything by attachment and sale or otherwise out of any property which has been transferred to a woman or for her benefit on condition that she shall have no power during her marriage to transfer or charge the same or her beneficial interest.....

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MARRIED WOMEN'S PROPERTY ACT, 1874 Section 8

Title: Wife's liability for post-nuptial debts

State: Central

Year: 1874

If a married woman (whether married before or after the first day of January, 1866) possesses separate property, and if any person enters into a contract with her with reference to such property, or on the faith that her obligation arising out of such contract will be satisfied out of her separate property, such person shall be entitled to sue her, and to the extent of her separate property, to recover against her whatever he might have recovered in such suit had she been unmarried at the date of the contract and continued unmarried at the execution of the decree : 1 [Provided that nothing herein contained shall-- (a) entitle such person to recover anything by attachment and sale or otherwise out of any property which has been transferred to a woman or for her benefit on condition that she shall have no power during her marriage to transfer or charge the same or her beneficial interest therein, or (b) affect the liability of a husband for debts contracted by his wife's agency expressed or implied.] _______________________ 1. Substituted by Act 21 of 1929, Sec. 2, for the original proviso.

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