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1902

Page 314

Presented as published in 1902. Historical recipes may not meet modern food-safety standards. Cook from the modern interpretation, not the original instructions.
15. 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 'n the action shall seek to establish his claim, either wholly or in part, against both of them ; and 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 shall have become so entitled as aforesaid, he shall have judgment for his costs of defence, whatever may be the result of the action against the wtfe if jointly sued with him: and in any such action against husband MAR 253 MAR nnd wife jointly, If it appears that the hus- band is liable for the debt or damages re- covered, 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 pro- perty; 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. 18. A wife doing any act with respect to any property of her husband, which, if ie by the husband with respect to pro- 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. 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, society, or club, a3 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 England or in Ireland, according as such property is in England or Ireland, or (at the option of the applicant Irrespectively of the value of the property in the dispute) in England to the judge of the county court of the district, or in Ireland to the chair- man of the civil bill court of the division in which either party resides, and the judge of the High Court of Justice or of the county court, 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 conse- quent 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 aa he shall think fit : Provided always, that any 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 county or civil bill court under the provi- sions of this section shall be subject to appeal in the same way as any other order made by the same court would be, arid all proceedings in a county court or civil bill court under this section in which, by rea- son of the value of the property in dispute, such court would not have had jurisdiction if this Act or the Married Women’s Pro- perty Act, 1870, had not passed, may, at the option of the