In this Part of this Act, if not inconsistent with the context,—

The provisions of this Act as to liabilities of married women shall extend to all liabilities by reason of any breach of trust or any devastavit committed by any married woman being a trustee or executrix or administratrix either before or after her marriage, and her husband shall not be subject to such liabilities unless he has acted or intermeddled in the trust or administration.

A married woman is in accordance with the provisions of this Act capable of acquiring, holding, and disposing by deed, will, or otherwise of any real or personal property as her separate property, in the same manner as if she were a feme sole, without the intervention of any trustee.

A married woman is capable of entering into and rendering herself liable in respect of and to the extent of her separate property on any contract, and of suing and being sued, either in contract or in tort, or otherwise, in all respects as if she were a feme sole; and her husband need not be joined with her as plaintiff or defendant, or be made a party to any action or other legal proceeding brought by or taken against her; and any damages or costs recovered by her in any such action or proceeding shall be her separate property; and any damages or costs recovered against her in any such action or proceeding shall be payable out of her separate property, and not otherwise.

Every contract entered into on or after the thirty-first day of August, one thousand eight hundred and ninety-four (the date of the coming into operation of “The Married Women’s Property Act, 1894”), by a married woman otherwise than as an agent—

Every woman married on or after the first day of January, one thousand eight hundred and eighty-five (the date of the coming into operation of “The Married Women’s Property Act, 1884”), is entitled to have and to hold as her separate property and to dispose of in manner aforesaid all real and personal property belonging to her at the time of marriage, or acquired by or devolving upon her after marriage, including any wages, earnings, money, and property gained or acquired by her in any employment, trade, or occupation in which she is engaged, or which she carries on separately from her husband, or by the exercise of any literary, artistic, or scientific skill.

Any money or other property of the wife lent or intrusted by her to her husband for the purpose of any trade or business carried on by him, or otherwise, shall be treated as assets of her husband’s estate in case of his bankruptcy, under reservation of the wife’s claim as a creditor for the amount or value of such money or other property after, but not before, all claims of the other creditors of the husband for valuable consideration in money or money’s worth have been satisfied.

Any money or other property of the husband lent or intrusted by him to his wife for the purpose of any trade or business carried on by her, or otherwise, shall be treated as assets of his wife’s estate in case of her bankruptcy, under reservation of the husband’s claim as a creditor for the amount or value of such money or other property after, but not before, all claims of the other creditors of the wife for valuable consideration in money or money’s worth have been satisfied.

The execution of a general power by will by a married woman shall have the effect of making the property appointed liable for her debts and other liabilities in the same manner as her separate estate is made liable under this Act.

Every woman married before the said first day of January, one thousand eight hundred and eighty-five, is entitled to have and to hold and to dispose of in manner aforesaid as her separate property all real and personal property her title to which, whether vested or contingent, and whether in possession, reversion, or remainder, accrued on or after that date, including any wages, earnings, money, and property so gained or acquired by her as aforesaid.

All deposits in any Post-Office or other savings-bank, or in any other bank, ail annuities, and all sums forming part of the public stocks or funds of New Zealand, or of any other stocks or funds transferable in the books of any bank, which on the date last aforesaid were standing in the sole name of a married woman, and all shares, stock, debentures, debenture stock, or other interests of or in any corporation, company, or public body, municipal, commercial, or otherwise, or of or in any industrial, provident, friendly, benefit, building, or loan society, which on that date were standing in her name, shall be deemed, unless and until the contrary is shown, to be the separate property of such married woman.

The fact that any such deposit, annuity, sum forming part of the public stocks or funds of New Zealand, or of any other stocks or funds transferable in the books of any bank, share, stock, debenture, debenture stock, or other interest as aforesaid, is standing in the sole name of a married woman, shall be sufficient prima facie evidence that she is beneficially entitled thereto for her separate use, so as to authorise and empower her to receive or transfer the same, and to receive the dividends, interest, and profits thereof, without the concurrence of her husband, and to indemnify any person whomsoever, and all directors, managers, and trustees of every such bank, corporation, company, public body, or society as aforesaid, in respect thereof.

All sums forming part of the public stocks or funds of New Zealand, or of any other stocks or funds transferable in the books of any bank, and all such deposits and annuities respectively as are mentioned in the last preceding section, and all shares, stock, debentures, debenture stock, and other interests of or in any such corporation, company, public body, or society as aforesaid, which on or after the date last aforesaid have been or are allotted to or placed, registered, or transferred in or into or made to stand in the sole name of any married woman, shall be deemed, unless and until the contrary is shown, to be her separate property, in respect of which so far as any liability may be incident thereto her separate estate shall alone be liable, whether the same is so expressed in the document whereby her title to the same is created or certified, or in the books or register wherein her title is entered or recorded, or not.

Nothing in this Act shall require or authorise any corporation or company to admit any married woman to be a holder of any shares or stock therein to which any liability may be incident, contrary to the provisions of any Act, charter, by-law, articles of association, or deed of settlement regulating such corporation or company.

All the provisions of sections eleven and twelve hereof shall respectively extend and apply, so far as relates to the estate, right, title, or interest of the married woman, to any of the particulars mentioned in those sections which at the date aforesaid or at any time afterwards were or are standing in, or allotted to, placed, registered, or transferred to or into, or made to stand in, the name of any married woman jointly with any persons or person other than her husband.

It shall not be necessary for the husband of any married woman, in respect of her interest, to join in the transfer of any such annuity or deposit as aforesaid, or any sum forming part of the public stocks or funds of New Zealand, or of any other stocks or funds transferable as aforesaid, or any share, stock, debenture, debenture stock, or other benefit, right, claim, or other interest of or in any such corporation, company, public body, or society as aforesaid, which, was or is at any time on or after the said date standing in the sole name of any married woman, or in the joint names of such married woman and any other persons or person not being her husband.

If any investment in any such deposit or annuity as aforesaid, or in any of the public stocks or funds of New Zealand, or in any other stocks or funds transferable as aforesaid, or in any share, stock, debenture, or debenture stock of any corporation, company, or public body, municipal, commercial, or otherwise, or in any share, debenture, benefit, right, or claim whatsoever in, to, or upon the funds of any industrial, provident, friendly, benefit, building, or loan society, is made by a married woman by means of moneys of her husband without his consent, the Court may, on application under section twenty-three hereof, order such investment and the dividends thereof, or any part thereof, to be transferred and paid respectively to the husband.

Nothing in this Act shall give validity as against creditors of the husband to any gift by a husband to his wife of any property which after such gift continues to be in the order and disposition or reputed ownership of the husband, or to any deposit or other investment of moneys of the husband made by or in the name of his wife in fraud of his creditors; but any moneys so deposited or invested may be followed as if this Act had not passed.

A married woman may, by virtue of the power of making contracts hereinbefore contained, effect a policy on her own life or the life of her husband for her separate use; and the same and all benefit thereof shall enure accordingly.

A policy of insurance effected by any man on his own life, and expressed to be for the benefit of his wife or of his children, or of his wife and children, or any of them, or by any woman on her own life, and expressed to be for the benefit of her husband or of her children, or of her husband and children, or any of them, shall create a trust in favour of the objects therein named; and the moneys payable under any such policy shall not, so long as any object of the trust remains unperformed, form part of the estate of the insured or be subject to his or her debts:

Provided that if it is proved that the policy was effected and the premiums paid with intent to defraud the creditors of the insured, they shall be entitled to receive, out of the moneys payable under the policy, a sum equal to the premiums so paid.

The insured may by the policy, or by any memorandum under his" or her hand, appoint a trustee or trustees of the moneys payable under the policy, and from time to time appoint a new trustee or new trustees thereof; and may make provision for the appointment of a new trustee or new trustees thereof, and for the investment of the moneys payable under any such policy.

In default of any such appointment of a trustee, such policy, immediately on its being effected, shall vest in the insured and his or her legal personal representatives in trust for the purposes aforesaid.

If at the time of the death of the insured, or at any time afterwards, there is no trustee, or it is expedient to appoint a new trustee or new trustees, a trustee or trustees or a new trustee or new trustees may be appointed by any Court having jurisdiction under the provisions of “The Trustee Act, 1908.”

The receipt of a trustee or trustees duly appointed, or, in default of any such appointment or in default of notice to the insurance office, the receipt of the legal personal representative of the insured, shall be a discharge to the office for the sum secured by the policy, or for the value thereof, in whole or in part.

Every woman, whether married before or after this Act, shall have in her own name against all persons whomsoever, including her husband, the same civil remedies, and also (subject, as regards her husband, to the proviso hereinafter contained) the same remedies and redress by way of criminal proceedings, for the protection and security of her own separate property as if such property belonged to her as a feme sole; but, except as aforesaid, no husband or wife shall be entitled to sue the other for a tort:

Provided that no criminal proceeding shall be taken by any wife against her husband by virtue of this Act, while they are living together, is to or concerning any property claimed by her, nor, while they are living apart, as to or concerning any act done by the husband, while they were living together, concerning property claimed by the wife, unless such property has been wrongfully taken by the husband when leaving or deserting, or about to leave or desert, his wife.

In any indictment or other proceeding under this section it shall be sufficient to allege such property to be her property.

A wife doing any act with respect to any property of her husband which, if done by the husband with respect to property of the wife, would make the husband liable to criminal proceedings by the wife under this Act shall in like manner be liable to criminal proceedings by her husband.

In any such criminal proceeding against a husband or a wife as is authorised by this Act the husband and wife respectively shall be competent and admissible witnesses, and, except when defendant, compellable to give evidence.

A woman after her marriage—

As between her and her husband, unless there is any contract between them to the contrary, her separate property shall be deemed to be primarily liable for all such debts, contracts, or wrongs, and for all damages or costs recovered in respect thereof.

Nothing in this Act shall operate to increase or diminish the liability of any woman married before the first day of January, one thousand eight hundred and eighty-five, for any such debt, contract, or wrong as aforesaid, except as to any separate property to which she became entitled by virtue of “The Married Women’s Property Act, 1884,” or to which she may become entitled by virtue of this Act, and to which she would not have been entitled for her separate use if that Act and this Act had not passed.

A husband shall be liable for the debts of his wife contracted, and for all contracts entered into and wrongs committed by her, before marriage, including any liabilities to which she may be so subject under any Act relating to companies as aforesaid, to the extent of all property whatsoever belonging to his wife which he has acquired or become entitled to from or through his wife, after deducting there-from any payments made by him, and any sums for which judgment has been bona fide recovered against him in any proceeding a law, in respect of any such debts, contracts, or wrongs for or in respect of which his wife was liable before her marriage as aforesaid; but he shall not be liable for the same any further or otherwise.

Any Court in which a husband is sued for any such debt shall have power to direct any inquiry or proceedings it thinks proper for the purpose of ascertaining the nature, amount, or value of such property.

Nothing in this Act shall operate to increase or diminish the liability of any husband married before the first day of January, one thousand eight hundred and eighty-five, for or in respect of any such debt or other liability of his wife as aforesaid.

A husband and wife may be jointly sued in respect of any such debt or other liability (whether by contract or for any wrong) contracted or incurred by the wife before marriage as aforesaid, if the plaintiff in the action seeks to establish his claim, either wholly or in part, against both of them.

If in any such action, or in any action brought in respect of any such debt or liability against the Husband alone, it is not found that the husband is liable in respect of any property of the wife so acquired by him or to which he has become so entitled as aforesaid, he shall have judgment for his costs of defence, whatever may be the result of the action against the wife if jointly sued with him.

If in any such action against husband and wife jointly it appears that the husband is liable for the debt or damages recovered or any part thereof, the judgment to the extent of the amount for which the husband is liable shall be a joint judgment against the husband personally and against the wife as to her separate property; and, as to the residue (if any) of such debt and damages, the judgment shall be a separate judgment against the wife as to her separate property only.

In any question between husband and wife as to the title to or possession of property, either party, or any such bank, corporation, company, public body, or society as aforesaid in whose books any stocks, funds, or shares of either party are standing, may apply by summons or otherwise in a summary way to any Judge of the Supreme Court, or, if the value of the property in dispute is within the limits of the jurisdiction of an inferior Court, to such Court; and the Judge or Court hearing any such application may make such order with respect to the property in dispute, and as to the costs of and consequent upon the application, as he or it thinks fit, or may direct such application to stand over from time to time, and any inquiry touching the matters in question to be made in such manner, as he or it thinks fit; and may, if either party so require, hear such application in a private room.

Any order made under this section shall be subject to appeal in the same way as any order made by the same Judge or Court in an action pending in the Supreme Court or other Court respectively would be.

In the matter of any application under this section any such bank, corporation, company, public body, or society as aforesaid shall, for the purposes of costs or otherwise, be treated as a stakeholder only.

A married woman who is an executrix or administratrix alone or jointly with any other person or persons of the estate of any deceased person, or a trustee alone or jointly as aforesaid of property subject to any trust, may sue or be sued, and may transfer or join in transferring any such annuity or deposit as aforesaid, or any sum forming part of the public stocks or funds of New Zealand, or of any other stocks or funds transferable as aforesaid, or any share, stock, debenture, debenture stock, or other benefit, right, claim, or other interest of or in any such corporation, company, public body, or society in that character, without her husband, as if she were a feme sole.

Nothing in this Act—

No restriction against anticipation contained in any settlement or agreement for a settlement of a woman’s own property to be made or entered into by herself shall have any validity against debts contracted by her before marriage.

And no settlement or agreement for a settlement shall have any greater force or validity against creditors of such woman than a like settlement or agreement for a settlement made or entered into by a man would have against his creditors.

In any action or proceeding now or hereafter instituted by a woman or by a next friend on her behalf, the Court before which such action or proceeding is pending shall have jurisdiction by 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 Imperial Act shortly intituled “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.

For the purposes of this Act the legal personal representative of any married woman shall in respect of her separate property have the same rights and liabilities and be subject to the same jurisdiction as she would be if she were living.

Nothing in this Act shall authorise any married woman living with her husband to enter into or carry on a partnership with any person other than her husband without the consent of her husband first obtained to such partnership and testified by writing under his hand and seal.

All such consents shall be filed in the office of the Land Registrar of the district in which the said married woman resides, and a fee of five shillings shall be paid for such filing; and such Registrar shall cause an alphabetical index of the same to be made and kept, and no such consent shall take effect until the same has been filed.

The said index may be searched at any time during office written consent therein contained may be examined and copied; and on payment of a further sum of five shillings the District Land Registrar shall give, under his hand and official seal, a certified copy of any such consent.

In this Part of this Act, if not inconsistent with the context,—

A wife may at any time after the happening of any of the events hereinafter mentioned apply to a Court for an order to protect any property she may acquire by her own lawful industry, and property she may become possessed of, after the happening of any such event, against her husband or his creditors or any person claiming under him, in any of the following cases:—

The Court, if satisfied of the facts in any such case, and that the wife is maintaining herself by her own industry or property, may make and give to the wife an order protecting her earnings and property from her husband and all creditors and persons claiming under him.

Every such order shall, within ten days after the making thereof, be entered with the Clerk of the Court making the order.

The husband and any creditor or other person claiming under him may apply to the Court to discharge, vary, or reverse any order so made.

If the husband or any creditor of or person claiming under the husband seizes or continues to hold any property of the wife after notice of the order, he shall be liable at the suit of the wife (which she is hereby empowered to bring) to restore the specific property, and also to pay a sum equal to double the value of the property so seized or held after such notice as aforesaid.

The Court, in any case in which the wife may desire the same, may, by the same or by any separate order, direct that the wife shall have the exclusive custody of any infant child of the marriage until such child, if male, attains the age of ten years, and, if female, the age of eighteen years or marries.

The Court may, either at the time of making any such order as aforesaid or at any time thereafter, on the application of the wife, and on proof by the wife that her separate earnings are insufficient for the maintenance of the children then lawfully in her custody, make an order that the husband shall pay to the wife towards the support of such of the children as are under the age of ten years such weekly sum of money not exceeding one pound per week for each such child as the Court thinks fit.

The Court shall in such order define the day or time on and from which such order shall take effect.

The provisions of this Part of this Act shall be deemed to extend to property to which the wife is or becomes entitled as executrix, administratrix, or trustee since the date of the event in respect of which an order of protection was granted; and the death of the testator or intestate shall be deemed to be the time when the wife became entitled as executrix or administratrix.

The order shall, until reversed or discharged, so far as necessary for the protection of any person or corporation who deals with the wife, be deemed valid and effectual.

No discharge, variation, or reversal thereof shall prejudice or affect any rights or remedies which any person would have had in case the same had not been so reversed, varied, or discharged in respect of any debts, contracts, or acts of the wife incurred, entered into, or done between the times of the making of the order and of the discharge, variation, or reversal thereof.

Property of or to which the wife is possessed or entitled for an estate in remainder or reversion at the date of the event in respect of which the order is made shall be deemed to be included in the protection given by it.

Every order shall state as nearly as may be the date at which the event happened in consequence whereof the same is made; and shall, as regards all persons dealing with the wife in reliance thereon, be conclusive as to the time when such event happened.

The wife shall, during the continuance of the order, be considered during such desertion as a feme sole with respect to property of every description she may acquire, or which may come to or devolve upon her; and such property may be disposed of by her in all respects as a feme sole; and on her decease the same shall, in case she dies intestate, go as the same would have gone if her husband had been then dead.

If the order is reversed or discharged, and the wife again cohabits with her husband, all such property as she may be entitled to when such cohabitation takes place shall be held to her separate use, subject, however, to any agreement in writing made between herself and her husband before such renewed cohabitation.

In every case in which a wife has obtained such order as aforesaid she shall, until the same is reversed or discharged, be considered as a feme sole for the purposes of contract, and wrongs and injuries, and suing and being sued in any civil proceedings.

Her husband shall not be liable in respect of any engagement or contract she may have entered into, or for any wrongful act or omission by her, or for any costs she may incur as plaintiff or defendant during such period.

Where alimony has been ordered to be paid to the wife under any Act regulating the procedure in divorce and matrimonial causes, and if the same is not duly paid by the husband, he shall be liable for necessaries supplied for her use; but nothing shall prevent the wife from joining at any time in the exercise of any joint power given to herself and her husband.

All persons and corporations who, in reliance on any order, make any payment to or permit any transfer or act to be made or done by the wife who has obtained the same shall, notwithstanding the order may then have been discharged, reversed, or varied, be protected and indemnified in the same way in all respects as if at the time of such payment, transfer, or other act the order were valid and still subsisting without variation in full force and effect, unless at the time of such payment, transfer, or other act such persons or corporations had notice of the discharge, reversal, or variation of the order.

All the provisions of “The Destitute Persons Act, 1908,” relating to the enforcement of orders of any kind made under that Act shall extend and apply to the enforcement of orders of any kind made under this Part of this Act.