tion accrues, try or distress, or to bring an action or a suit to recover any land or at the time when rent, first accrues as aforesaid, such person is under any of the dis- the right of acabilities hereinafter mentioned (that is to say), infancy, idiotcy, lunacy then five years to or unsoundness of mind, then such person, or the person claiming be allowed from through him, notwithstanding that the period of ten years or five years of the disability (as the case may be) herein before limited has expired, may make an or previous death. Imp. entry or a distress, or bring an action or a suit, to recover such land or Acts 3-4 W. IV. rent at any time within five years next after the time at which the c. 27, s. 16; 37-8 person to whom such right first accrued ceased to be under any such V. c. 57, s. 3. disability, or died (whichever of those two events first happened). 38 V. c. 16, s. 5. the termination utmost allowance W. IV. c. 27, s. 44. No entry, distress, action or suit shall be made or brought by Twenty years any person, who, at the time at which his right to make an entry or for disabilities. distress, or to bring an action or suit to recover any land or rent, first Imp. Acts 3-4 accrued, was under any of the disabilities herein before mentioned, or 17; 37-8 V. c. 57 by any person claiming through him, but within twenty years next s. 5. after the time at which such right first accrued, although the person under disability at such time may have remained under one or more of such disabilities during the whole of such twenty years, or although the term of five years from the time at which he ceased to be under any such disability, or died, may not have expired. 38 V. c. 16, s. 6. to be allowed for Acts 3-4 W. IV. c. 27, s. 18: 37-8 45. Where any person is under any of the disabilities herein before No further time mentioned, at the time at which his right to make an entry or distress, a succession of or to bring an action to recover any land or rents first accrues, and disabilities. Imp departs this life without having ceased to be under any such disability, no time to make an entry or distress, or to bring an action to recover V. c. 57, s. 9. such land or rent, beyond the said period of ten years next after the right of such person to make an entry or distress or to bring an action to recover such land or rent, first accrued or the said period of five years next after the time at which such person died, shall be allowed by reason of any disability of any other person. C. S. U. C. c. 88, s. 47; 38 V. c. 16, s. 15. CAP. CXXV. An Act respecting certain Separate Rights of Property of Married ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows :— 1. This Act may be cited as "The Married Woman's Property Act." Short title. 2. Every woman who, on or before the fourth day of May, one thou- A woman marsand eight hundred and fifty-nine, married without any marriage con- ried before 4th May, 1859, may tract or settlement, shall and may, from and after the said day, not- hold property withstanding her coverture, have, hold and enjoy all her real estate not then reduced not on or before the said fourth day of May taken possession of by to possession of her husband, by himself or his tenants, and all her personal property not on or before said day reduced into the possession of her husband, whether belonging to her before marriage or in any way acquired by her after marriage, free from his debts and obligations contracted after the said fourth day of May, and from his control or disposition with her husband. A woman mar ried between 4th May, 1859, and 2nd March, 1872, may hold her real property free from the debts or control of her husband. Proviso. A woman married after 2nd March, 1872, may hold any pro any estate or life. out her consent, in as full and ample a manner as if she were sole and unmarried. C. S. U. C. c. 73, s. 2. 3. Every woman who married between the fifth day of May, one thousand eight hundred and fifty-nine, and the second day of March, one thousand eight hundred and seventy-two (both inclusive), without any marriage contract or settlement, shall and may, notwithstanding her coverture, have, hold and enjoy all her real property, whether belonging to her before marriage, or acquired by her by inheritance, devise or gift, or as heir-at-law to an intestate, or in any other way after marriage, free from the debts and obligations of her husband, and free from his control or disposition, without her consent, in as full and ample a manner as if she continued sole and unmarried; but this section shall not extend to any property received by a married woman from her husband during coverture. C. S. U. C. c. 73, s. 1; 35 V. c. 16, s. 1. 4. The real estate of any woman married after the second day of March, one thousand eight hundred and seventy-two, whether owned by her at the time of her marriage, or acquired in any manner during perty free from her coverture, and the rents, issues and profits thereof respectively, claim of her hus- shall, without prejudice and subject to the trusts of any settlement band during her affecting the same, be held and enjoyed by her for her separate use, free from any estate therein of her husband during her lifetime, and from his debts and obligations, and from any claim or estate by him, as tenant by the curtesy; and her receipts alone shall be a discharge for any rents, issues and profits of the same; but nothing herein contained shall prejudice the right of the husband as tenant by the curtesy in any real estate of the wife, which she has not disposed of inter vivos, or by will. 35 V. c. 16, s. 1; 40 V. c. 7, Sched. A (156). A woman married since 4th May, 1859, may hold her personal property free from the debts or control of her husband. Proviso. This Act not to 5. Every woman who has married since the fourth day of May, one thousand eight hundred and fifty-nine, or who marries after the passing of this Act, without any marriage contract or settlement, shall and may, notwithstanding her coverture, have, hold and enjoy all her personal property, whether belonging to her before marriage or acquired by her by inheritance, bequest or gift, or as next of kin to an intestate, or in any other way after marriage, free from the debts and obligations of her husband, and free from his control or disposition, without her consent, in as full and ample a manner as if she continued sole and unmarried; but this clause shall not extend to any property received by a married woman from her husband during coverture. C. S. C. C. 73, s. 1. 6. Nothing herein contained shall be construed to protect the proprevent seizure perty of a married woman from seizure and sale on any execution against her husband for her torts; and in such case, execution shall first be levied on her separate property. C. S. U. C. c. 73, s. 3. in execution in certain cases. Personal earn women pro tected. 7. All the wages and personal earnings of a married woman, and any ings of married acquisitions therefrom, and all proceeds or profits from any occupation or trade which she carries on separately from her husband, or derived from any literary, artistic or scientific skill, and all investments of such wages, earnings, moneys or property, shall, after the said second day of March, one thousand eight hundred and seventy-two, be free from the debts or dispositions of her husband, and shall be held and enjoyed by such married woman and disposed of without her husband's consent as fully as if she were a feme sole; and no order for protection shall hereafter be necessary in respect of any of such earnings or acquisitions; and the possession, whether actual or constructive of the husband, of any personal property of any married woman, shall not render the same liable for his debts. 35 V. c. 16, s. 2. 15. Every married woman having separate property, whether real or Separate propersonal, not settled by any ante-nuptial contract, shall be liable, upon be liable for perty of wife any separate contract made or debt incurred by her before her mar- her debts before riage (such marriage being since the said fourth day of May, one marriage. thousand eight hundred and fifty-nine, or after this Act takes effect), to the extent and value of such separate property, in the same manner as if she were sole and unmarried.. C. S. U. C. c. 73, s. 14. husband for debts of wife 16. Every husband who, since the fourth day of May, one thousand Liability of eight hundred and fifty-nine, or hereafter, takes any interest in the separate, real or personal property of his wife, under any contract or before marriage settlement on marriage, shall be liable, upon the contracts made or where he takes debts incurred by her before marriage, to the extent or value of such an interest under interest only, and no more. C. S. U. C. c. 73, s. 15. a marriage settlement. debts of the wife 17. A husband shall not, by reason of any marriage solemnized after Non-liability of the second day of March, one thousand eight hundred and seventy-two, husband for be liable for the debts of his wife contracted before marriage, but the before marriage. wife shall be liable to be sued therefor, and any property belonging to her shall be liable to satisfy such debts, as if she had continued unmarried. 35 V. c. 16, s. 8. her own her debts in separate contracts. 18. A husband shall not be liable for any debts of his wife in respect Non-liability for of any employment or business in which she is engaged on behalf, or in respect of any of her own contracts. 35 V. c. 16, s. 8. 19. Any married woman shall be liable on any contract made by her Liability of respecting her real estate, as if she were a feme sole. 40 V. c. 7, on contracts Sched. A (156.) 20. A married woman may maintain an action in her own name for the recovery of any wages, earnings, money and property, by this or any other Act declared to be her separate property, and shall have in her own name the same remedies, against all persons whomsoever for the protection and security of such wages, earnings, money, and property, and of any chattels or other her separate property for her own use, as if such wages, earnings, money, chattels and property belonged to her as an unmarried woman; and any married woman may be sued or proceeded against separately from her husband in respect of any of her separate debts, engagements, contracts or torts, as if she were unmarried. 35 V. c. 16, s. 9. married woman respecting her real estate. Suits by and against married women. own or husbands' lives. 21. A married woman, in her own name, or that of a trustee for her, Married women may insure for her sole benefit, or for the use or benefit of her chil- may insure their dren, her own life, or with his consent, the life of her husband, for any definite period, or for the term of her or his natural life; and the amount payable under said insurance shall be receivable for the sole and separate use of such married woman or her children, as the case may be, free from the claims of the representatives of her husband, or any of his creditors. 35 V. c. 16, s. 3. 22. Any married woman may become a stockholder or member of Married women any bank, insurance company, or any other incorporated company or may hold stocks, etc., and vote. association, as fully and effectually as if she were a feme sole, and may May deposit in a out. vote by proxy or otherwise, and enjoy the like rights as other stockholders or members. 35 V. c. 16, s. 5. 23. A married woman may make deposits of money in her own name bank and cheque in any savings or other bank, and withdraw the same by her own cheque; and any receipt or acquittance of such depositor shall be a sufficient legal discharge to any such bank. 35 V. c. 16, s. 6. Rights of husband's creditors to deposits. Separate per sonal property of wife dying intestate, how to be distributed. Act not to affect ments, etc. As to property not coming 24. Nothing herein before contained in reference to moneys deposited, or investments by any married woman, shall, as against creditors of the husband, give validity to any deposit or investment of moneys of the husband made in fraud of such creditors, and any money so deposited or invested may be followed as if this Act had not been passed. 35 V. c. 16, s. 7. 25. The separate personal property of a married woman dying intestate shall be distributed in the same proportions between her husband and her children as the personal property of a husband dying intestate is to be distributed between his wife and children; and if there be no child or children living at the death of the wife so dying intestate, then such property shall pass or be distributed as if this Act had not been passed. C. S. U. C. c. 73, s. 17. 26. Nothing in this Act contained shall be construed to prevent any marriage settle- ante-nuptial settlement or contract being made in the same manner and with the same effect as such contract or settlement might be made if this Act had not been passed; but notwithstanding any such contract or settlement, any separate real or personal property of a married within the con- Woman, acquired either before or after marriage, and not coming under or being affected by such contract or settlement, shall be subject to the provisions of this Act, in the same manner as if no such contract or settlement had been made; and as to such property, and her personal earnings and any acquisitions therefrom, such woman shall be considered as having married without any marriage contract or settlement. C. S. U. C. c. 73, s. 19. tract. Dower out of equitable estates. Dower where husband had a right of entry. CAP. CXXVI. An Act respecting Dower. ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: WIDOW TO BE ENTITLED TO DOWER IN CERTAIN CASES. 1. When a husband dies beneficially entitled to any land for an interest which does not entitle his widow to dower out of the same at Law, and such interest, whether wholly equitable or partly legal and partly equitable, is an estate of inheritance in possession, or equal to an estate of inheritance in possession (other than an estate in joint tenancy), then his widow shall be entitled in Equity to dower out of the same land. C. S. U. C, c. 84, s. 1. 2. Where a husband has been entitled to a right of entry or action in any land, and his widow would be entitled to dower out of the same if he had recovered possession thereof, she shall be entitled to dower out of the same although her husband did not recover possession : C. S. thereof; but such dower shall be sued for or obtained within the period of land in 3. Dower shall not be recoverable out of any separate and distinct Dower not relot, tract or parcel of land, which, at the time of the alienation by the coverable out husband or at the time of his death, if he died seised thereof, was in a state of nature state of nature, and unimproved by clearing, fencing or otherwise for when aliened. the purposes of cultivation or occupation; but this shall not restrict or diminish the right to have woodland assigned to the doweress under the thirty-fifth section of "The Dower Procedure Act," from which it shall be lawful for her to take firewood necessary for her own use, and c. 55, s. 35. timber for fencing the other portions of land assigned to her of the same lot, tract or parcel. 32 V. c. 7, s. 3. DOWER ABOLISHED IN CERTAIN CASES. Rev. Stat. 4. No widow shall be entitled to dower ad ostium ecclesiæ, or dower Certain dower ex assensu patris. C. S. U. C. c. 84, s. 3. abolished. HOW DOWER MAY BE BARRED. barred by 5. A married woman may bar her dower in any lands or heredita- Dower may be ments, by joining with her husband in a deed or conveyance thereof joint deed of in which a release of dower is contained. C. S. U. C. c. 84, s. 4. husband and wife. of wife, made 6. A married woman may also bar her dower by executing either Dower may be alone, or jointly with other persons, a deed or conveyance to which barred by her husband is not a party, containing a release of such dower; but separate deed no such deed or conveyance shall be effectual to bar her dower unless pursuant to. made in conformity with "The Married Woman's Real Estate Act." Rev. Stat. 40 V. c. 7, Sched. A. (157 & 158). See C. S. U. C. c. 84, s. 5. c. 127. dower executed 7. A power of attorney executed by a married woman authorizing Powers of attorthe attorney to execute a deed barring or releasing her dower, shall be ney to bar valid both at Law and in Equity, provided that the power of attorney by married is executed in conformity with said Act. 40 V. c. 7, Sched. A. (157 women. & 158). See 29 V. c. 28, s. 22, part. ASCERTAINING VALUE OF DOWER. On sales where wife is a lunatic. veyance where 8. Where an owner of land whose wife is a lunatic, or of unsound Dower on conmind, and confined as such in a Lunatic Asylum, is desirous of selling wife is a lunatic. the land free from dower, he may apply in that behalf to the Judge of the County Court of the County in which he resides, or to a Judge of one of the Superior Courts, and if the Judge approves, he may, by an order to be made by him in a summary way, upon such evidence as to the Judge seems meet, and either ex parte or upon such notice as he may deem requisite, dispense with the concurrence of the wife for the purpose of barring her dower, and also he shall ascertain and state in Dower to be the order the value of such dower, and order such amount to remain a ascertained and to be charged on charge upon the property, or to be secured otherwise for the wife's land or secured benefit as he deems best, and thereupon a conveyance by the husband, for wife's benefit. expressed to be free from his wife's dower, shall, subject to the terms and conditions mentioned in the order, be sufficient to bar her right |