Married Women's Property Act 1895 (WA)

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ANNO QLTINQIJAGESIMO NONO

VICTORIA: REGINA,.

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No. XXII.

AN ACT to amend " The Married Women's

Property Act, 1892."

[Assented to, 2nd October, le95.]

and Legislative Assembly of Western Australia, in this present	BE it enacted by the Queen's Most Excellent Majesty, by andwith the advice and consent of the Legislative Council
Parliament assembled, and by the authority of the same, as follows :—

1. EVERY contract hereafter entered into by a married

woman, otherwise than as Agent,

(a.) Shall be deemed to be a contract entered into by her with Effect of contracts

respect to and to bind her separate property whether

by married women.

she is or is not in fact possessed of or entitled to any

56 & 57 V., c. 63.

separate property at the time when she enters into such

contract ;

(b.) Shall bind all separate property which she may at that

time or thereafter be possessed of or entitled to ; and

59" VICTORI1E, No. 22.

Married Women's Property Act, 1895.

(c.) Shall also be enforceable by process of law against all	property which she may thereafter, while discovert, be
possessed of or entitled to ;

Provided that nothing in this section contained shall render available to satisfy any liability or obligation arising out of such contract any separate property which at that time or thereafter she is restrained from anticipating.

Costs may be ordered 2. IN any action or proceeding now or hereafter instituted by a

to be paid out of	woman or by a next friend on her behalf, the Court before which
property, subject to
restraint on antici-	such action or proceeding is pending shall have jurisdiction by
pation.	judgment or order from time to time to order payment of the costs of the opposite party out of property which is subject to a restraint on anticipation, and may enforce such payment by the appointment of a receiver and the sale of the property or otherwise as may be just.

SECTION twenty-four of " The Wills Act, 1837," shall apply to the will of a married woman made during coverture, whether she is or is not possessed of or entitled to any separate property at the time of making it, and such will shall not require to be re-executed or republished after the death of her husband.

Will of married 3.

W0711all.

SUB-SECTIONS three and four of Section one of " The Married Women's Property Act, 1892," are hereby repealed.

Repeal. 4.

Short Title. 5. THIS Act may be cited as " The Married Women's Property

Act, 1895."

In the name and on behalf of the Queen I hereby assent

to this Act.

ALEX. C. ONSLOW, Administrator.

By Authority: RICHARD PETHER, Government Printer, Perth.