A.D. 1886.]
APPORTIONMENT.
[No. 2.
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this Ordinance or otherwise, would have been entitled to such entire or continuing rent, and such apportioned part shall be recoverable from such person by the executors or other parties entitled under this Ordinance to the same by action or suit,
6. Nothing in this Ordinance shall render apportionable any annual sums made payable in policies of assurance of any description,
7. The provisions of this Ordinance shall not extend to any case in which it may be expressly stipulated that no apportionment shall take place.
Exclusion of policies of assurance.
33 & 34 Vict. c. 35 s. 6.
Exclusion of the Ordinance by express stipulation. Ib. s. 7.
ORDINANCE No. 2 OF 1886.
AN ORDINANCE to amend the Law relating to the Custody of Infants.
A.D. 1886.
BE it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:
1. This Ordinance may be cited as the Infants Custody Ordinance, 1886.
2. From and after the commencement of this Ordinance, it shall be lawful for the Supreme Court, on the petition presented in a summary way by the mother (by her next friend, if necessary) of any infant or infants under the age of sixteen years, to order that the petitioner shall have access to such infant or infants at such time and subject to such regulations as the Court may deem proper; or to order that such infant or infants shall be delivered to the mother and remain in or under her custody or control or shall, if already in her custody or under her control, remain therein until such infant or infants shall attain such age, not exceeding sixteen years, as the Court may direct; and, further, to order that such custody or control shall be subject to such regulations as regards access by the father or guardian of such infant or infants and otherwise, as the Court may deem proper.
Power to the Supreme Court to order mother to have access to and custody of infant under 16 years.
36 & 37 Vict. c. 12 s. 1.
Power as to custody of infant in case of separation. Ib. s. 2.
3. No agreement contained in any separation deed made between the father and mother of an infant or infants shall be or be deemed to be invalid by reason only of its providing that the father of such infant or infants shall give up the custody or control thereof to the mother: Provided always that no Court shall enforce any such agreement if the Court is of opinion that it will not be for the benefit of the infant or infants to give effect thereto.
Provision as to agreements in separation deeds.