Husband not to be wife's con tracts before marriage. shall be sufficient to allege such wages, earnings, money, chattels, and property to be her property. 12. A husband shall not, by reason of any liable on his 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 (a). Married woman to be liable to the parish for the mainten husband. 13. Where in England the husband of any woman having separate property becomes chargeable to any union or parish, the justices having ance of her jurisdiction in such union or parish may, in petty sessions assembled, upon application of the guardians of the poor, issue a summons against the wife, and make and enforce such order against her for the maintenance of her husband as, by the thirty-third section of "The Poor Law Amendment Act, 1868," they may now make and enforce against a husband for the maintenance of his wife who becomes chargeable to any union or parish. Where in Ireland relief is given, under the provisions of the Acts relating to the relief of the destitute poor, to the husband of any woman having separate property, the cost price of such relief is hereby declared to be a loan from the guardians of the union in which the same shall be given, and shall be recoverable from such woman as if she were a feme (a) See infra, page 637, et seq. sole by such and the same actions and proceedings as money lent. woman to the parish is for the mainten 14. A married woman having separate pro- Married perty shall be subject to all such liability for be liable to the maintenance of her children as a widow now by law subject to for the maintenance of ance of her her children Provided always, that nothing in this Act shall relieve her husband from any liability at present imposed upon him by law to maintain her children. children. 15. This Act shall come into operation at the Commencetime of the passing of this Act, 16. This Act shall not extend to Scotland. ment of Act. Extent of Act. 17. This Act may be cited as the "Married short title. Women's Property Act, 1870." 37 & 38 VICT. Cap. 50. An Act to amend the Married Women's [30th July, 1874.] WHEREAS it is not just that the property which a woman has at the time of her marriage should pass to her husband, and that he should not be liable for her debts contracted before marriage, and the law as to the recovery of such debts requires amendment: Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, Husband and wife may be jointly sued for her debts before marriage. Extent to which hus in this present Parliament assembled, and by the authority of the same, as follows :— 1. So much of the Married Women's Property Act, 1870, as enacts that a husband shall not be liable for the debts of his wife contracted before marriage is repealed so far as respects marriages which shall take place after the passing of this Act, and a husband and wife married after the passing of this Act may be jointly sued for any such debt. 2. The husband shall, in such action and in band liable. any action brought for damages sustained by reason of any tort committed by the wife before marriage or by reason of the breach of any contract made by the wife before marriage, be liable for the debt or damages respectively to the extent only of the assets hereinafter specified; and in addition to any other plea or pleas may plead that he is not liable to pay the debt or damages in respect of any such assets as hereinafter specified; or, confessing his liability to some amount, that he is not liable beyond what he so confesses; and if no such plea is pleaded the husband shall be deemed to have confessed his liability so far as assets are concerned. If husband without assets he shall have judgment for costs. Joint and separate judgment against husband and 3. If it is not found in such action that the husband is liable in respect of any such assets, he shall have judgment for his costs of defence, whatever the result of the action may be against the wife. 4. When a husband and wife are sued jointly, if by confession or otherwise it appears that the husband is liable for the debt or damages debt. recovered, or any part thereof, the judgment to wife for the extent of the amount for which the husband is liable shall be a joint judgment against the husband and wife, and as to the residue, if any, of such debt or damages, the judgment shall be a separate judgment against the wife. which hus 5. The assets in respect of and to the extent Assets for of which the husband shall in any such action be band liable. liable are as follows: (1.) The value of the personal estate in possession of the wife, which shall have vested in the husband: (2.) The value of the choses in action of the wife which the husband shall have reduced into possession, or which with reasonable diligence he might have reduced into possession: (3.) The value of the chattels real of the wife which shall have vested in the husband and wife: (4.) The value of the rents and profits of the (5.) The value of the husband's estate or in- Extent of Short title. with his consent have transferred to any person with the view of defeating or delaying her existing creditors: Provided that when the husband after marriage pays any debt of his wife, or has a judg ment bonâ fide recovered against him in any such action as is in this Act mentioned, then to the extent of such payment or judgment the husband shall not in any subsequent action be liable. 6. This Act shall not extend to Scotland. 7. This Act may be cited as the "Married Women's Property Act (1870) Amendment Act, 1874." |