136

33  &  34  Vict.  Cap.  93,  s.  5.

the  court  may,  upon  an  application  under  section  nine  (a)>
of  this  Act,  order  the  same  and  the  dividends  and  profits
thereon,  or  any  part  thereof,  to  he  transferred  and  paid  to
the  husband.

(a)  Section  9  provides  as  follows:—In  any  case  between
husband  and  wife  as  to  property,  declared  by  tins  Act  to  be  the
separate  property  of  the  wife,  either  party  may  apply  by  summons ­
  or  motion  in  a  summary  way,  either  to  the  Court  of
Chancery  in  England  or  Ireland,  according  as  such  party  is  in
England  or  Ireland,  or  in  England,  irrespective,  of  the  value  of
the  property,  to  the  judge  of  the  county  court  of  the  district  in
which  either  party  resides  ;  and  thereupon  the  judge  may  make
such  order,  direct  such  enquiry,  and  award  such  costs  as  he  shall
think  fit,  provided  that  any  order  made  by  such  judge  shall  be
subject  to  appeal  in  the  same  manner  as  the  order  of  the  same
judge  made  in  a  pending  suit,  or  on  an  equitable  plaint  would
have  been  ,•  and  the  judge  may,  if  either  party  so  require,  hear  theapplication
  in  liis  private  room.