maintenance parish for the as the husband is now by law subject to for the maintenance of her children and grandchildren: Provided always, that nothing in this Act shall relieve her husband from any liability imposed upon him by law to maintain her children or grandchildren. of her children [and grandchildren]. Repeal of 33 & 37 & 38 Vict. c. 50. 22. The Married Women's Property Act, 1870, and the Married 34 Vict. c. 93; Women's Property Act, 1870, Amendment Act, 1874, are hereby repealed: Provided that such repeal shall not affect any act done or right acquired while either of such Acts was in force, or any right or liability of any husband or wife, married before the commencement of this Act, to sue or be sued under the provisions of the said repealed Acts or either of them, for or in respect of any debt, contract, wrong, or other matter or thing whatsoever, for or in respect of which any such right or liability shall have accrued to or against such husband or wife before the commencement of this Act. Legal representative of married woman. Interpretation of terms. Commence 23. For the purposes of this Act the legal personal representative of any married woman shall, in respect of her separate estate, have the same rights and liabilities and be subject to the same jurisdiction as she would be if she were living. 24. The word "contract" in this Act shall include the acceptance of any trust, or of the office of executrix or administratrix, and the provisions of this Act as to liabilities of married women shall extend to all liabilities by reason of any breach of trust or 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. The word "property" in this Act includes a thing in action. 25. The date of the commencement of this Act shall be the first of ment of Act. January, one thousand eight hundred and eighty-three. 26. This Act shall not extend to Scotland. Extent of Act. 27. This Act may be cited as the Married Women's Property Act, 1882. EVIDENCE AMENDMENT ACTS. 485 No. X. 16 VICTORIÆ REGINÆ, Cap. 20. An Act to alter and amend an Act of the Fifteenth Year of Her present Majesty for amending the Law of Evidence in Scotland. [9th May, 1853.] amination of record or not. 3. It shall be competent to adduce and examine as a witness in As to exany action or proceeding in Scotland any party to such action or pro- witnesses, ceeding, or the husband or wife of any party, whether he or she shall whether be individually named in the record or proceeding or not; but named in the nothing herein contained shall render any person, or the husband or wife of any person, who in any criminal proceeding is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself or herself, his wife or her husband, excepting in so far as the same may be at present competent by the law and practice of Scotland, or shall render any person compellable to answer any question tending to criminate himself or herself, or shall in any proceeding render any husband competent or compellable to give against his wife evidence of any matter communicated by her to him during the marriage, or any wife competent or compellable to give against her husband evidence of any matter communicated by him to her during the marriage. witness not to his oath. 5. The adducing of any party as a witness in any cause or proceed- Adducing of ing by the adverse party shall not have the effect of a reference to the party as a oath of the party so adduced: Provided always, that it shall not be have effect of competent to any party who has called and examined the opposite reference to party as a witness thereafter to refer the cause or any part of it to his oath, and that in all other respects the right of reference to oath shall remain as at present established by the law and practice of Scotland. Note.-Sections 1 and 2 repealed by the Statute Law Revision Act, 1875 (38 & 39 Vict. c. 66); section 4 by 37 & 38 Vict. c. 64. No. XI. 37 & 38 VICTORIA REGINE, CAP. 64. An Act to further alter and amend the Law of Evidence in 2. The parties to any proceeding instituted in consequence of Parties and adultery, and the husbands and wives of such parties, shall be com their husbands and wives to account of petent to give evidence in such proceeding; provided that no witness be witnesses in in any proceeding, whether a party to the suit or not, shall be proceedings on liable to be asked or bound to answer any question tending to show that he or she has been guilty of adultery, unless such witness shall have already given evidence in the same proceeding in disproof of his or her alleged adultery. adultery. Law as to Shorthand writers may be employed to record evi dence in Sheriff Courts. 3. Nothing in this Act contained shall be construed to alter or affect the law of Scotland in force at and prior to the passing of this Act relating to the proof of a promise of marriage in any action of declarator of marriage founded upon promise of marriage, cum copula subsequente. 4. In every case of a proof in a civil cause or proceeding in a Sheriff Court in Scotland, and in every case of evidence being taken in any such cause or proceeding to lie in retentis, the following provisions shall have effect: (1.) It shall be competent to the sheriff, on the motion of any Note.-Section 1 repealed by Statute Law Revision Act, 1883 (46 & 47 Vict. c. 39). |