Anticipation, doing or taking a thing before the appointed time. For anticipation of an invention see PATENTS. A married woman may be restrained by the terms of a will or settlement from aliening, by way of anticipation, property settled to her separate use during coverture. Such a clause absolutely disables her from selling, mortgaging or dealing with the property in anticipation, but it does not apply to income actually accrued due, Hood Barrs v. Heriot, 1896 AC 174, and on the determination of the coverture the restraint is at an end, Tullett v. Armstrong, (1839) 4 My&Cr 377; 1 Beav 1. Such a provision is only effective during coverture; it cannot affect dispositions in favour of a man, Brandon v. Robinson, (1871) 18 Ves 429, or a feme sole. The restraint may be applied either to corpus or income, usually only to the latter; in a marriage settlement the wife's income is almost invariably directed to be paid to her, without power of anticipation.' The L.P. Act, 1925, s. 169, repeating and extending the Conveyancing Act,1911, s. 7, empowers the Court to bind the interest of a married woman, notwithstanding that she is so restrained. And see Trustee Act, 1925, s. 62, and Bankruptcy Act, 1914, s. 52.
The Married Women's Property Act, 1893 (56 & 57 Vict. c. 63), s. 2, allows the costs of the opposite party in any action or proceeding instituted by a married woman to be paid by order of the Court out of property subject to restraint on anticipation, and the Trustee Act, 1925, s. 62, enables the Court to impound the interest, although restrained to indemnify a trustee for a breach of trust instigated or consented to by a married woman.
Property acquired by a married woman who has obtained a judicial separation or protection order while in force is not affected by the restraint, see Jud. Act, 1925, s. 1, and the Law Reform (Married Women and Tortfeasors) Act, 1935 (25 & 26 Geo. 5, c. 30). The Act of 1935 has abolished the doctrine of restraint upon anticipation in the case of all instruments executed on or after the 1st January, 1936, and wills of persons dying after that date or appointments after that date of powers conferred at any time; but see Trustee Act, 1925, s. 33, and RESTRAINT UPON ALIENATION.
Mean to expect, to feel beforehand, to make happen earlier than due; Webster Law Dictionary, p. 63.
In House of Commons, (U.K.), the rule is that a matter must not be anticipated if it is contained in a more effective form of proceedings by which it is sought to be anticipated, but may be anticipated if it is contained in an equally or less effective form; e.g. a bill or other order of the day is more effective than a motion, a substantive motion is more effective than a motion for the adjournment of the House. Parliamentary Practice ' Erskine May, 22nd Edn. 1997, p. 335.
In Indian Parliament, a member seeking to raise discussion on any matter of which notice has already been given by another member or Minister is not permitted to do so on the ground of anticipation; however, in determining whether a notice is out of order on the ground of anticipation the probability of the matter being brought before the House within a reasonable time is taken into consideration by the Speaker before deciding about the admissibility of discussion. Rules of Procedure and Conduct of (Rajya Sabha) Business in the Council of States, 5th Edn., 2000, Rule 343.
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