THE

MARRIED WOMEN'S PROPERTY ACT,

1882

(45 & 46 VIC. CAP. 75),

WITH

INTRODUCTION, SUMMARY, NOTES,

CASES AND PRECEDENTS,

AND AN

APPENDIX CONTAINING THE STATUTES RELATING TO

MARRIED WOMEN,

WITH CAREFUL CROSS-REFERENCES AND COPIOUS INDEX.

BY

J. S. RUBINSTEIN,

Solicitor of the Supreme Court.

LONDON:

WATERLOW BROS. & LAYTON,

24, BIRCHIN LANE, E.C.

1882.

PRINTED BY WATERLOW BROS. AND LAYTON,

24, BIRCHIN LANE, AND STATIONERY WORKS, WINCKWORTH WHARF,

42, UPPER THAMES STREET, E.C.

PREFACE.

THE arrangement of the present work is as follows:-

1. The Introduction presents a general view of the law

relating to the Property of Married Women and of the

leading changes introduced by recent legislation, terminating

with the Act of 1882.

2. A careful Summary of the Act is given section by

section, followed by practical Notes.

3. The Act is printed in its entirety, with marginal

references to the Summary and Notes.

4. Some recent Forms of Judgment against the separate

Property of Married Women are appended.

5. Precedents of Marriage Settlements are supplied.

6. The following Acts, so far as they relate to the

Property of Married Women, are printed in the Appendix:—

Fines and Recovery Act, 1833; County Courts Amendment

Act, 1856; Married Women's Reversionary Interest Act,

1857; Divorce and Matrimonial Causes Acts, 1858 and

1864; Naturalization Act, 1870; Married Women's Pro-

perty Acts, 1870 and 1874, and the Conveyancing Acts,

1881 and 1882.

7. A full Index is added.

The above arrangement follows the plan adopted in the

Author's work on the Conveyancing Acts, 1881 and 1882, a plan which has been favourably received by the profession, and it is hoped will be received with no less favour in the case of the present work.

The Author takes this opportunity of acknowledging the valuable aid and suggestions he has received from ERNEST C. THOMAS, Esq., Barrister-at-Law, in the preparation of this work.

5, Raymond Buildings, Gray's Inn,

October, 1882.

J. S. R.

PREFACE

TABLE OF CONTENTS.

TABLE OF CASES CITED

INTRODUCTION

SUMMARY AND PRACTICAL NOTES

Married Women's Property Act, 1882 (45 & 46 Vic. cap. 75), being

an Act to consolidate and amend the Acts relating to the

Property of Married Women

Arrangement of Sections...

Act

Judgments as to Separate Estate

...

49

49

PRECEDENTS OF SETTLEMENTS.

No. 1.-Form of Marriage Settlement given in 4th Schedule to
Conveyancing and Law of Property Act, 1881

...

No. 2.-Marriage Settlement by intended wife of a sum of Stock-

Investment Clause-Income to be paid to wife and husband

successively for life, and then to issue as wife shall appoint,

in default for issue equally-Hotch-pot Clause--Clause as to

appointing new Trustees

No. 3.-Marriage Settlement of Property by third person on a wife

for life, and then on husband for life, with remainder to

children; and, by the husband, of furniture with covenant to

settle after-acquired furniture

APPENDIX.

Fines and Recoveries Abolition Act (3 & 4 Will. IV. c. 74).—An Act

for the Abolition of Fines and Recoveries, and for the Substi-

tution of more simple Modes of Assurance. [28th August, 1833]