MARRIED WOMEN'S PROPERTY ACT 1882

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MARRIED WOMEN'S PROPERTY ACT 1882 - SECT 17



17. 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 High Court of Justice... in Ireland,..., or (at the option
of the applicant irrespectively of the value of the property in dispute)... in
Ireland to the chairman of the civil bill court of the division in which
either party resides, and the judge of the High Court of Justice..., or the
chairman of the civil bill court (as the case may be) may make such order with
respect to the property in dispute, and as to the costs of and consequent on
the application as he 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 shall think fit: Provided always, that any such order of
a judge of the High Court of Justice to be made under the provisions of this
section shall be subject to appeal in the same way as an order made by the
same judge in a suit pending or on an equitable plaint in the said court would
be; and any order of a... civil bill court under the provisions of this
section shall be subject to appeal in the same way as any other order made by
the same court would be, and all proceedings in a... civil bill court under
this section in which, by reason of the value of the property in dispute, such
court would not have had jurisdiction if this Act or the Married Women's
Property Act, 1870, had not passed, may, at the option of the defendant or
respondent to such proceedings, be removed as of right into the High Court of
Justice in... Ireland... by [order] of certiorari or otherwise as may be
prescribed by any rule of such High Court; but any order made or act done in
the course of such proceedings prior to such removal shall be valid, unless
order shall be made to the contrary by such High Court: Provided also, that
the judge of the High Court of Justice..., or the chairman of the civil bill
court, if either party so require, may hear any such application in his
private room: Provided also, that any such bank, corporation, company, public
body, or society as aforesaid, shall, in the matter of any such application
for the purposes of costs or otherwise, be treated as a stakeholder only.

Ss.18, 19 rep. by 1952 c.19 (NI) s.1(3) sch.1; SLR 1976

Ss.20, 21 rep. by 1937 c.9 (NI) s.13(2) sch.2; 1949 c.1 (NI) s.34(4) sch.2
Pt.II; 1950 c.5 (NI) s.141(2) sch.7. S.22 rep. by SLR 1898

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Northern Irish Legislation

MARRIED WOMEN'S PROPERTY ACT 1882 - SECT 17