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MARRIED WOMEN'S PROPERTY ACT 1882

MARRIED WOMEN'S PROPERTY ACT 1882 - LONG TITLE

An Act to consolidate and amend the Acts relating to the Property
of Married Women.
[18th August 1882]
Preamble rep. by SLR 1898

Ss.116 rep. by 1893 c.63 s.4; 1929 c.1 (NI) s.29 sch.2; 1937 c.9
(NI) s.13(2) sch.2; 1964 c.23 (NI) s.9 sch.; SLR 1976

Questions between husband and wife as to property to be decided in
a summary way.

MARRIED WOMEN'S PROPERTY ACT 1882 - SECT 17

17. In any question between husband and wife as to the title to
or possession of property, either party, or any such bank,
corporation, company, public body, or society as aforesaid in whose
books any stocks, funds, or shares of either party are standing,
may apply by summons or otherwise in a summary way to any judge
of the High Court of Justice... in Ireland,..., or (at the option
of the applicant irrespectively of the value of the property in
dispute)... in Ireland to the chairman of the civil bill court of
the division in which either party resides, and the judge of the
High Court of Justice..., or the chairman of the civil bill court
(as the case may be) may make such order with respect to the
property in dispute, and as to the costs of and consequent on the
application as he thinks fit, or may direct such application to
stand over from time to time, and any inquiry touching the matters
in question to be made in such manner as he shall think fit:
Provided always, that any such order of a judge of the High Court
of Justice to be made under the provisions of this section shall
be subject to appeal in the same way as an order made by the
same judge in a suit pending or on an equitable plaint in the
said court would be; and any order of a... civil bill court under
the provisions of this section shall be subject to appeal in the
same way as any other order made by the same court would be, and
all proceedings in a... civil bill court under this section in
which, by reason of the value of the property in dispute, such
court would not have had jurisdiction if this Act or the Married
Women's Property Act, 1870, had not passed, may, at the option of
the defendant or respondent to such proceedings, be removed as of
right into the High Court of Justice in... Ireland... by [order] of
certiorari or otherwise as may be prescribed by any rule of such
High Court; but any order made or act done in the course of such
proceedings prior to such removal shall be valid, unless order shall
be made to the contrary by such High Court: Provided also, that
the judge of the High Court of Justice..., or the chairman of the
civil bill court, if either party so require, may hear any such
application in his private room: Provided also, that any such bank,
corporation, company, public body, or society as aforesaid, shall, in
the matter of any such application for the purposes of costs or
otherwise, be treated as a stakeholder only.

Ss.18, 19 rep. by 1952 c.19 (NI) s.1(3) sch.1; SLR 1976

Ss.20, 21 rep. by 1937 c.9 (NI) s.13(2) sch.2; 1949 c.1 (NI)
s.34(4) sch.2 Pt.II; 1950 c.5 (NI) s.141(2) sch.7. S.22 rep. by SLR
1898

MARRIED WOMEN'S PROPERTY ACT 1882 - SECT 23
Legal representative of married woman.

23. For the purposes of this Act the legal personal representatives
of any married woman shall in respect of her... estate have the
same rights and liabilities and be subject to the same jurisdiction
as she would be if she were living.

MARRIED WOMEN'S PROPERTY ACT 1882 - SECT 24
Interpretation of terms.

24. . . . The word "property" in this Act includes a thing in
action.

MARRIED WOMEN'S PROPERTY ACT 1882 - SECT 25
Commencement of Act.

25. Commencement

MARRIED WOMEN'S PROPERTY ACT 1882 - SECT 27
Short title.

27. This Act may be cited as the Married Women's Property Act,
1882.