in a book to be kept by them for the purpose, an accurate account of the whole fees and emoluments received by them from the commencement of this Act, and shall, on the 1st of April in each year, or within ten days thereafter, transmit to the Queen's Remembrancer in Exchequer an abstract of the fees and emoluments received by them for the year immediately preceding, in order that the amount of such fees and emoluments may be known.

And the Lords appoint this Act, and the relative table of fees, to be inserted in the Books of Sederunt, and printed and published in common form.

DUN. M'NEILL, I.P.D.

XIII.-ACT to amend the Confirmation and Probate Act, 1858, 22 Vict. c. 30.-[19th April, 1859.]

I. ALL persons and corporations, who in reliance upon any instrument purporting to be a confirmation granted under the "Confirmation and Probate Act, 1858," and all persons and corporations who, in reliance upon any such instrument which may be sealed under the authority of the said Act with the seal of the Principal Court of Probate in England, or of the Court of Probate in Dublin, and all persons or corporations who, in reliance upon any instrument purporting to be a probate or letters of administration granted by the Court of Probate in England, or Court of Probate in Dublin, and having endorsed or written thereon a certificate by the commissary-clerk of Edinburgh, in the form in the said Confirmation and Probate Act prescribed, shall have made or permitted to be made, or shall make or permit to be made, any payment or transfer bona fide upon any such confirmation, probate, or letters of administration, shall be indemnified and protected in so doing, notwithstanding any defect or circumstance whatsoever affecting the validity of such confirmation, probate, or letters of administration.

II. This act may be cited as the "Confirmation and Probate Amendment Act, 1859."

XIV.—ACT to amend the Law regarding Conjugal Rights in Scotland, 24 & 25 Vict. c. 86.-[6th August, 1861.](g)

WHEREAS it is expedient to amend the law of Scotland relating to husband and wife: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

(9) This Act came into operation on 1st November, 1861. At this time, England and Scotland commenced to pass a series of enactments affecting the property of married women. England began by passing, in the year 1857, an Act (20 & 21 Vict. c. 85), titled "An Act to amend the Law relating to Divorce and Matrimonial Causes," by which a wife deserted by her husband was entitled to apply to the Court for the protection of her earnings and her property, and in cases of judicial separation she was to be considered a feme sole with respect to all property she might acquire. And in the following year it passed another Act (21 & 22 Vict. c. 108) to amend the former Act, by which it provided increased facilities for the protection of married women's property. Scotland followed by passing the present Act, very much upon the lines, excepting as regards procedure, of the two English Acts. England started off again and passed the 33 & 34 Vict. c. 93 (1870) "to amend the law relating to the property of Married Women," by which it declared the earnings of married women to be their own property, provided for certain classes of property to be their separate estate, such as money deposited in a savings-bank, money in the Funds, shares in a joint-stock company, and investments in friendly, provident, and industrial societies; gave limited protection in regard to real estate, and large powers to protect the property thus conferred on them by civil or criminal proceedings taken in their own names. Scotland followed again by passing the Conjugal Rights Amendment Act, 1874 (37 & 38 Vict. c. 31), by which, on the narrative, that the expense of procedure under the former Act prevented many persons from availing themselves of its benefits," it conferred increased facilities to that end. In the same year England started off afresh and passed the 37 & 38 Vict. c. 50, "to amend the Married Women's Property Act, 1870," by which is enacted certain provisions relating to the liability of husbands for debts contracted or torts committed by their wives before marriage. Scotland followed, in 1877, by passing the 31 & 38 Vict. c. 31, which enacted in substance the first section of the English Act 33 & 34 Vict. c. 93, and section 2 of the English Act 37 & 38 Vict. c. 50. Here Scotland took the lead and passed one of the most extraordinary and anomalous pieces of social legislation ever placed on the statute-book, in the Act 44 & 45 Vict. c. 21 (1881), titled "An Act for the amendment of the law regarding the property of Married Women in Scotland." This Act (printed infra) renders a married woman practically independent of her husband. It leaves the former Acts unrepealed, and presents abundant scope for litigation. England in the following year (1882) followed suit with a measure (45 & 46 Vict. c. 75) titled "The Married Women's Property Act, 1882," which consolidates and extends the provisions of the two previous Acts of 1870 and 1874, both of which are repealed.

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As the two first English Acts of 1857-58 are still in force, it may be useful here to reproduce the provisions in them which correspond to the provisions in the Scotch Acts. The first of these (20 & 21 Vict. c. 85) is titled "An Act to Amend the Law relating to Divorce and Matrimonial Causes in England," 28th August, 1857 :

"XXI. A wife deserted by her husband may at any time after such desertion, if

I. A wife deserted by her husband may apply for an order to protect property which she has or may acquire by her own industry, or which

resident within the metropolitan district, apply to a police magistrate, or if resident in the country to justices in Petty Sessions, or in either case to the Court, for an order to protect any money or property she may acquire by her own lawful industry, and property which she may become possessed of after such desertion, against her husband or his creditors, or any person claiming under him; and such magistrate or justices or Court, if satisfied of the fact of such desertion, and that the same was without reasonable cause, 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 acquired since the commencement of such desertion, from her husband and all creditors and persons claiming under him, and such earnings and property shall belong to the wife as if she were a feme sole: Provided always, that every such order, if made by a police magistrate or justices at Petty Sessions, shall, within ten days after the making thereof, be entered with the Registrar of the County Court within whose jurisdiction the wife is resident; and that it shall be lawful for the husband, and any creditor or other person claiming under him, to apply to the Court, or to the magistrate or justices by whom such order was made, for the discharge thereof: Provided also, that if the husband or any creditor of or person claiming under the husband shall seize or continue to hold any property of the wife after notice of any such order, he shall he liable at the suit of the wife (which she is hereby empowered to bring), to restore the specific property, and also for a sum equal to double the value of the property so seized or held after such notice as aforesaid: If any such order of protection be made, the wife shall during the continuance thereof be and be deemed to have been, during such desertion of her, in the like position in all respects, with regard to property and contracts, and suing and being sued, as she would be under this Act if she obtained a decree of judicial separation.

"XXIV. In all cases in which the Court shall make any decree or order for alimony, it may direct the same to be paid either to the wife herself or to any trustee on her behalf, to be approved by the Court, and may impose any terms or restrictions which to the Court may seem expedient, and may from time to time appoint a new trustee if for any reason it shall appear to the Court expedient so to do.

"XXV. In every case of a judicial separation the wife shall, from the date of the sentence, and whilst the separation shall continue, be considered as a feme sole with respect to property of every description which 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 feme sole, and on her decease the same shall, in case she shall die intestate, go as the same would have gone if her husband had been then dead; provided that if any such wife should again cohabit with her husband, all such property as she may be entitled to when such cohabitation shall take place, shall be held to her separate use, subject, however, to any agreement in writing made between herself and her husband whilst separate.

"XXVI. In every case of a judicial separation the wife shall, whilst so separated, be considered as a feme sole for the purposes of contract, and wrongs and injuries, and suing and being sued in any civil proceeding; and 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 :] Provided, that where upon any such judicial separation alimony has been decreed or ordered to be paid to the wife, and the same shall not be duly paid by the husband, he shall be liable for necessaries supplied for her use; provided also that nothing shall prevent the wife from joining, at any time during such separation, in the exercise of any joint power given to herself and her husband.

"XXXII. The Court may if it shall think fit, on any such decree, order that the husband shall to the satisfaction of the Court secure to the wife such gross sum of money, or such annual sum of money for any term not exceeding her own life, as

she may succeed to.-A wife deserted by her husband may, at any time after such desertion, apply by petition to any Lord Ordinary of

having regard to her fortune (if any), to the ability of the husband, and to the conduct of the parties, it shall deem reasonable, and for that purpose may refer it to any one of the Conveyancing Counsel of the Court of Chancery to settle and approve of a proper deed or instrument to be executed by all necessary parties; and the said Court may in such case, if it shall see fit, suspend the pronouncing of its decree until such deed shall have been duly executed; and upon any petition for dissolution of marriage the Court shall have the same power to make interim orders for payment of money by way of alimony or otherwise, to the wife, as it would have in a suit instituted for judicial separation.

“XLV. In any case in which the Court shall pronounce a sentence of divorce or judicial separation for adultery of the wife, if it shall be made appear to the Court that the wife is entitled to any property either in possession or in reversion, it shall be lawful for the Court if it shall think proper, to order such settlement as it shall think reasonable to be made of such property or any part thereof, for the benefit of the innocent party, and of the children of the marriage, or either or any of them."

The second of the said English Acts (21 & 22 Vict. c. 108), is titled "An Act to amend the Act of the 20th & 21st Victoria, Chapter 85," 2nd August, 1858:

"VI. Every wife deserted by her husband, wheresoever resident in England, may, at any time after such desertion, apply to the said judge-ordinary for an order to protect any money or property in England she may have acquired, or may acquire, by her own lawful industry, and any property she may have become possessed of, or may become possessed of after such desertion, against her husband and his creditors, and any person claiming under him; and the judge ordinary shall exercise in respect of every such application all the powers conferred upon the Court for divorce and matrimonial cause under the 20 & 21 Vict. c. 85. Sect. 21.

"VII. The provisions contained in this Act, and in the said Act of the 20 & 21 Vict. c. 85, respecting the property of a wife who has obtained a decree for judicial separation or an order for protection, shall be deemed to extend to property to which such wife has become, or shall become, entitled as executrix, administratrix, or trustee since the sentence of separation or the commencement of the desertion (as the case may be); and the death of the testator or intestate shall be deemed to be the time when such wife became entitled as executrix or administratrix.

"VIII. In every case in which a wife shall under this Act or under the said Act of the 20 & 21 Vict. c. 85, have obtained an order to protect her earnings or property, or a decree for judicial separation, such order or decree shall, until reversed or discharged, so far as necessary for the protection of any person or corporation who shall deal with the wife, be deemed valid and effectual; and no discharge, variation, or reversal of such order or decree 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 such order or decree, and of the discharge, variation, or reversal thereof; and property of, or to which the wife is possessed, or entitled for an estate in remainder or reversion at the date of the desertion or decree (as the case may be), shall be deemed to be included in the protection given by the order or decree.

"IX. Every order which shall be obtained by a wife under the said Act of the 20 & 21 Vict. c. 85, or under this Act, for the protection of her earnings or property, shall state the time at which the desertion in consequence whereof the order is made commenced; and the order shall, as regards all persons dealing with such wife in reliance thereon, be conclusive as to the time when such desertion commenced.

"X. All persons and corporations who shall, in reliance on any such order or decree as aforesaid, make any payment to, or permit any transfer or act to be made or done

the Court of Session, or in the time of vacation to the Lord Ordinary on the Bills(h) for an order to protect property which she has acquired or may acquire by her own industry after such desertion, and property which she has succeeded to or may succeed to or acquire right to after such desertion, against her husband or his creditors, or any person claiming in or through his right; and the Lord Ordinary shall appoint such petition to be intimated in the minute-book of the Court of Session, and to be served upon the husband; and the husband, or any creditor of the husband, or any other person claiming in or through his right, shall be entitled to lodge answers to the said petition, and if the husband be furth of Scotland, the petition shall be executed edictally against him on an inducia of twenty-one days; and upon considering such petition the Lord Ordinary shall require evidence of such desertion, and on being satisfied thereof pronounce an interlocutor giving to the wife protection of her property as aforesaid against the husband and all creditors or persons claiming under or through him; and if answers be lodged to the said petition, the Lord Ordinary may, on considering the same, and, if he consider it necessary, after hearing parties, allow a proof to them of their respective averments, which proof he shall take himself, and either write the evidence with his own hand, in which case it shall be read over to the witness by the judge, and signed by the witness, if he can write, or the Lord Ordinary shall record the evidence by dictating it to a clerk, in which case it shall, when taken down, be read over and signed as above; or the Lord Ordinary shall cause the evidence to be taken down and recorded by a writer skilled in shorthand writing, in manner after mentioned, and it shall be competent to the Lord Ordinary, in special cause shown, instead of taking such proof,

by the wife who has obtained the same, shall, notwithstanding such order or decree may then have been discharged, reversed, or varied, or the separation of the wife from her husband may have ceased, or at some time since the making of the order or decree been discontinued, be protected and indemnified in the same way in all respects as if, at the time of such payment, transfer, or other act, such order or decree were valid and still subsisting without variation in full force and effect, and the separation of the wife from her husband had not ceased or been discontinued, unless at the time of such payment, transfer, or other act, such persons or corporations had notice of the discharge, reversal, or variation of such order or decree, or of the cessation or discontinuance of such separation."

(h) The jurisdiction of the Sheriff is now extended to applications for orders to protect property of deserted wives, and for the recall of such orders; and the provisions of this Act relative thereto are by the Conjugal Rights Amendment Act, 1861 (37 & 38 Vict. c. 31), declared to apply to such actions in the Sheriff Court.

An order of protection of the wife's property granted where the husband had left his wife for ten years, although he offered to take her back.—Chalmers v. Chalmers, 4th March, 1868, 40 Jur. 284.

Application by a wife for protection of her property refused, proof of desertion being insufficient.-Kennedy v. Kennedy, 3rd Feb. 1866, 1 S. L. R. 134.