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Version Superseded: 22/04/2014
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There are currently no known outstanding effects for the Married Women’s Property Act 1882, Section 17.
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In any question between husband and wife as to the title to or possession of property, either party, . . . F1, may apply by summons or otherwise [F2in a summary way][F2to the High Court or such county court as may be prescribed and the court may, on such an application (which may be heard in private), make such order with respect to the property as it thinks fit.
In this section “prescribed” means prescribed by rules of court and rules made for the purposes of this section may confer jurisdiction on county courts whatever the situation or value of the property in dispute.]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 dispute) in England to the judge of the county court of the district, or 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 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 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 county or 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 county court or 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 M1Married 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 England or Ireland (as the case may be), by writ 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 of the county court, or the chairman of the civil bill court, if either party so require, may hear any such application in his private room: . . . F3
Textual Amendments
F1Words repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. III
F2Words in s. 17 substituted (E.W.) by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 43, 48(2)
F3Proviso repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. III
Modifications etc. (not altering text)
C1S. 17 extended with modifications by S.I. 1977/344, rule 106 (as substituted by S.I. 1986/634, rule 21)
C2S. 17 extended by Matrimonial Causes (Property and Maintenance) Act 1958 (c. 35), s. 7; applied by Law Reform (Miscellaneous Provisions) Act 1970 (c. 33), s. 2(2); amended by Matrimonial Proceedings and Property Act 1970 (c. 45), s. 39
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