CO129-468 - Governor Sir Stubbs - 1921 [6-8] — Page 322

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4.

Section 2. The definition of "Laintenance Order" is a com-

bination of section 11(c) and the definition in section 10 of the

Act. The definition of "prescribed" in section 10 of the Act,

the words "in the prescribed manner" in section 1(1) of the Act,

and the words "after giving the prescribed notice" in section 3(4)

of the Act, have not been included in the Ordinance for the fol-

lowing reason. As stated below in paragraph 5, the magistrate

has been constituted as the authority for enforcing locally main-

tenance orders which are made in England or Ireland.

Magistrate has at present no power to make rules of procedups,

and it has been thought convenient to give the Governor power in

section 7 to make the necessary regulations for this purpose.

Section 7 otherwise follows section 5 of the Act.

The

5. In sections 3, 4, 5, 6 and 8, which reproduce in a reciprocal

form the provisions of sections 1, 2, 3, 4 and 6 of the Act, the

magistrate is constituted as the authority for enforcing locally

maintenance orders which are made by courts in England or Ireland.

The reason for this is that the only court which has the power to

make such orders within the Colony is the magistrates' court, that

power being conferred by the Married Women (Desertion) Ordinance,

1905, Ordinance No. 10 of 1905.

6.

Sections 8 and 11. ere based on sections 6 and 7 of the Act,

the necessary modifications having been made to conform with the

law of the Colony.

7.

Section 12 contains a declaration as to the construction of

the Married Women (Desertion) Ordinance, 1908, Ordinance No. 10

of 1905. From the definition of "Married Woman" in that Ordinance,

and from the fact that no payment may be ordered under the