HC Deb 15 August 1882 vol 273 cc1844-7

Bill, as amended, considered.

MR. GREGORY

said, he rose to move the following New Clause:—

(Power to husband to apply to court for settlement of wife's property.)

Where there is no settlement of a wife's property the husband may apply at any time to the Chancery Division of the High Court of Justice in England or Ireland, according as such property is in England or Ireland, where such property amounts to or exceeds the sum of five hundred pounds, or to a county court in England, or to the chairman of a civil bill court in Ireland respectively, where such property is under that sum, for a settlement of the same; and it shall be lawful for the court to direct a settlement to be made upon such terms and such trusts for the benefit of the husband and wife and their children, or any of them, with such powers and provisions, and upon such conditions, including a condition for a contribution by or a settlement on the part of the husband as the court shall think fit, and the court may order and direct the execution of such settlement by all proper parties, and may give and enforce such directions as may be necessary for vesting in the trustees of such settlement any property which may be made subject to the same.

New Clause (Power to husband to apply to court for settlement of wife's property,)—(Mr. Gregory,)—brought up, and read the first time.

Motion made, and Question proposed, "That the Clause be read a second time."

MR. OSBORNE MORGAN

said, he could not accept the clause. The principle of the Bill was to put the wife on an equal footing with respect to her property as the husband; and if the proposed clause was inserted they ought also to insert a clause giving power to the wife to apply to the Court for a settlement of the husband's property. As no one would propose to do that he could not accept the clause.

Question put, and negatived.

Clause 1 (Married woman to be capable of holding property and of contracting as a feme sole).

On the Motion of Mr. OSBORNE MORGAN, Amendment made, in page 1, line 11, after "shall," by inserting "in accordance with the provisions of this Act."

Clause, as amended, agreed to.

Clause 2 (Property of a woman married after the Act to be held by her as a feme sole).

Amendment proposed, In page 1, line 11, to leave out the words "a married woman," and insert the words "every woman who marries after the commencement of this Act,"—(Mr. Warton,) —instead thereof.

Question proposed, "That the words proposed to be left out stand part of the Bill."

MR. OSBORNE MORGAN

said, that the hon. and learned Member had raised the same point on a former occasion. As he had failed at that time to convince the hon. and learned Member that the Amendment was objectionable, he did not suppose that he could convince him now; and he, therefore, should not repeat his argument.

Question put.

The House divided:—Ayes 6; Noes 79: Majority 73.—(Div. List, No. 334.)

Clause agreed to.

Clauses 3 to 5, inclusive, agreed to.

Clause 6 (As to stock, &c. to which a married woman is entitled).

On the Motion of Mr. OSBORNE MORGAN, Amendments made, in page 3, line 3, by leaving out from "interests," to "industrial," in line 4, and inserting "of or in any Corporation, Company, or Public Body, Municipal, Commercial, or otherwise, or of or in any; "and in line 21, by leaving out "Company," and inserting "Corporation, Company, Public Body."

Clause, as amended, agreed to.

Clause 7 (As to stock, &c. to be transferred, &c. to a married woman).

On the Motion of Mr. OSBORNE MORGAN, Amendment made, in page 3, line 27, by leaving out from "interests," to "which," in line 28, and inserting "of or in any such Corporation, Company, Public Body, or Society as aforesaid."

Clause, as amended, agreed to.

Clause 8 (Investments in joint names of married women and others).

On the Motion of Mr. OSBORNE MORGAN, Amendment made, in page 4, line 7, by leaving out from "interests," to "respectively," and inserting "of or in any such Corporation, Company, Public Body, or Society as aforesaid."

Clause, as amended, agreed to.

Clause 9 (As to stock, &c. standing in the joint names of a married woman and others).

On the Motion of Mr. OSBORNE MORGAN, Amendment made, in page 4, line 25, by leaving out "in any such Company," and inserting "of or in any such Corporation, Company, Public Body."

Clause, as amended, agreed to.

Clause 10 (Fraudulent investments with money of husband).

On the Motion of Mr. OSBORNE MORGAN, Amendments made, in page 4, line 31, by leaving out the second "of," and inserting "in;" and in line 33, by leaving out "incorporated or joint stock Company," and inserting "Corporation, Company, or Public Body, Municipal, Commercial, or otherwise."

Clause, as amended, agreed to.

Clauses 11 to 16, inclusive, agreed to.

Clause 17 (Questions between husband and wife as to property to be decided in a summary way).

On the Motion of Mr. OSBORNE MORGAN, Amendments made, in page 7, line 38, by leaving out "Company," and inserting "Corporation, Company, Public Body;" and in page 8, line 40, by leaving out "Company," and inserting "Corporation, Company, Public Body."

Clause, as amended, agreed to.

Clause 18 (Married woman as an executrix or trustee).

On the Motion of Mr. OSBORNE MORGAN, Amendment made, in page 8, line 41, by leaving out "in any Company," and inserting "of or in any such Corporation, Company, Public Body."

Clause, as amended, agreed to.

Bill read the third time, and passed, with Amendments.