HC Deb 18 June 1857 vol 145 c2078

Order for Committee read. House in Committee.

Clause 1.

MR. DOBBS

said, the Bill as it stood would interfere with all contracts subsisting between persons already married, and was, therefore, an ex post facto law. He proposed, as an Amendment on Page 1, Clause 1, lines 5 and 6, leave out 'from and after the passing of this Act it shall be lawful for every married woman,' and insert 'it shall be lawful for every married woman who shall be married after the passing of this Act.'

MR. MALINS

said, the Amendment would destroy every virtue of the Bill, which only applied to a married woman's personal property, the same rule as applied to her real property.

SIR ERSKINE PERRY

objected to the principle of the Bill, which had never been fairly discussed. He regarded the measure as one rather for the benefit of husbands than of wives. He had himself introduced a Bill upon the subject, which stood for second reading on Wednesday next, and he would suggest that his Bill should be referred, with the hon. and learned Gentleman's, to a Select Committee.

Amendment negatived.

SIR ERSKINE PERRY moved the Amendment, of which he had given notice, namely:— Clause 1, line 9, after 'feme sole,' insert 'Provided always, that where any such future or reversionary interest is sold, the proceeds of the sale shall be paid to and held by such married woman to her own use as if she were a feme sole.'

MR. MALINS

said, the Amendment was quite unnecessary, because the wife could refuse to agree to the sale unless the proceeds were disposed of as she wished.

Amendment withdrawn.

Clause 1, and following Clauses agreed to.

The House resumed.

Bill reported; as amended, to be considered on Monday next.

House adjourned at a quarter before Two o'clock.