SECOND READING. (Hansard, 31 July 1893)

§ LORD MACNAGHTEN

said, this Bill had passed the House of Commons. It dealt with some points in the law relating to married women, not of very great importance, but upon which amendment was necessary. Section I dealt with married women's contracts. Speaking generally, a contract by a married woman bound her separate estate; but it was a condition precedent that she should actually possess some at the time, however small. In that case her future estate was bound. But if she had none her afterwards acquired separate estate was not bound. This defect the Bill proposed to remedy. Property which she was restrained from anticipating was not affected. Section 2, however, provided that where costs were incurred in an action by her, her separate estate would be liable, notwithstanding restraint from anticipation. Section 3 provided that the will of a married woman should not require re-execution after her husband's death. That was the entire Bill.

§ THE LORD CHANCELLOR

My Lords, I am happy to be able to give my hearty assent to the Bill which my noble and learned Friend proposes. I think it is of a more important character than he has indicated in this respect; that I believe the cases of injustice arising from the present state of the law are more numerous than might be supposed from what my noble and learned Friend has said. The matter was brought under my attention some two years ago, and I then expressed my readiness to bring in a Bill of this description. I recommended that the Bill should be brought in in the other House, and so much of it passed as was not likely to be controversial, and I am glad it now comes before your Lordships. The law as it stands is extremely unsatisfactory, and the present Bill will put matters on a wider and more just and equitable basis.