Married Womens Property Act 1898 (SA)

ANNO SEXAGESIMO PRIM0 ET SEXAGESIMO

SECUNDO

VICTORIAE REGINB.

A.D. 1898.

No. 701.

An Act to amend the " Married Women's Property Act,

I 883-4."

[Asse~ ted to, December y rd, 1898.)

E it Enacted by the Governor, with the advice and consent

B of the Parlianlent of South Australia, as follows :

1, This Act m y be cited as G The Married Woman's Property shorttitleand

Amendment Act, 1898," and shall be incorporated with the "Married incorporation.

Women's Property Act, 1883-4." : f. r*/'A 2 +/j2 "

2, Every contract hereafter entered into by a married woman Contracte by married

otherwise than as agent- women.

( a ) Shall be deemed to be a contract entered into by her with respect to and to bind her separate property, whether she is or is not in fact possessed of or entitled to any separate property at the time when she entcrs into such contract:

( b ) Shall hind all separate property which she may at that time

or thereafter be possessed of or entitled to: and

(c) Shall also he 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 the married woman is restrained from anticipating: Provided also that in all

701 cases

2 61" & 62O VICTORIE, No. 701. ---.--.p -- - - -.,

The Mccrried Nvmn's Property Amendment Act.-1898.

cases the onus shall be on the married woman of showing that she

has no separate property.

Will of married

woman. 3. Every will shall be construed with reference to the real estate

and personal estate comprised in it to speak and take effect as if it

had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will, and shall equally 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.

Repeal. 4, Sub-section (3) of section 1 of the "Married Women's Pro-

perty Act, 1883-4," is hereby repealed.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

S. J. WAY, Lieutenant-Governor.

- --p-

Adelaide : By authority, C. E. Rrus~ow, Government Printer, North Terrace.