193509-1932-Supplementary-Bills-read-a-first-time--Empire-Preference-Supreme-Court-Admiralty-Procedure-Amendment-Marriage-Amendment-Divorce — Page 13

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restrictions which to the court seem expedient, and may from time to time appoint a new trustee if it appears to the court expedient so to do.

Sottlen ent

property.

Settlements.

31.--(1) When a decree of dissolution of marriage or of the wife's of judicial separation on account of the adultery of the wife is pronounced, and when the wife is entitled to any property, the court may order such settlement as it thinks reasonable to be made of such property, or any part thereof, for the benefit of the husband or of the children of the marriage, or of both.

(2) Any instrument executed pursuant to any order of the court at the time of or after the pronouncing of a decree of dissolution of marriage or judicial separation shall be deemed valid notwithstanding the existence of the disability of coverture at the time of the execution thereof.

(3) The court may direct that the whole or any part of the damages recovered under section 26 shall be settled for the benefit of the children of the marriage or as a provision for the maintenance of the wife.

Inquiry into existence of ante-nuptial or post- nuptial settlements.

Fowers

of the

court as to settlements.

Custody of children.

32.--(1) After a decree absolute for 'dissolution of marriage or for nullity of marriage, the court may inquire into the existence of ante-nuptial or post-nuptial settlements made on the parties whose marriage is the subject of the decree, and may make such orders with reference to the application of the whole or a portion of the property settled, whether for the benefit of the husband or the wife, or of the children, if any, of the marriage, or of both children and parents, as to the court seems fil.

(2) The court shall not make any order for the benefit of the parents or either of them at the expense of the children.

33. Where the court has power to direct any property to be settled, or to vary the terms of an existing settlement, it may

(a) appoint trustees;

(b) order the necessary instruments to be prepared

containing such provisions as it thinks fit;

(c) order all necessary parties to execute the same;

(d) from time to time appoint new trustees; and

(e) do all such other acts as it deems necessary for carry- ing such directions into effect.

Custody of Children.

34. In any suit for dissolution of marriage, or for nullity of marriage, or for judicial separation, or for restitution of conjugal rights, the court may, at any stage of the proceed- ings, or after a decree absolute has been pronounced, make