HL Deb 16 June 1881 vol 262 cc627-8

House in Committee (according to Order).

Clause 1 (Wife married after date of Act to have separate estates in movables).


said, he wished to move the Amendments on the Paper in his name. There were some further verbal Amendments he would have to propose when they came to the Report, which he proposed to put on the Paper for this day week. At present he would simply move the Amendments of which he had given Notice.


said, the noble and learned Lord had not taken notice of the Amendments suggested by his noble and learned Friend (Earl Cairns) to avoid the confusion which might arise in cases where the marriage had taken place in Scotland, but the parties had subsequently come to reside in England.


said, that if the husband died domiciled in Scotland, the clause as it stood was right. If, on the other hand, he changed his domicile, and acquired an English domicile, beyond all doubt the English law would govern the matter. The clause would only apply where the domicile continued Scotch.

Amendment moved, In page 2, line 5, after ("estate") add ("after but not before the claims of the other creditors of the husband for valuable consideration in money or money's worth have been satisfied.")—(The Lord Chancellor.)

Amendment agreed to.

Clauses 2 to 4 agreed to.

Clause 5 (Husband's consent dispensed with in certain cases).

On Motion of the LORD CHANCELLOR the following Amendments were made:—Page 2, line 38, leave out ("at his discretion"); lines 40 and 41, leave out after ("estate") in line 40 to the end of the clause.

Clause, as amended, agreed to.

Clause 6 agreed to.

Clause 7 omitted.

Remaining Clauses agreed to.

The Report of the Amendments to be received on Thursday next.