223046-1935-Supplementary-Bills-read-a-first-time- — Page 19

1974

T

Grounds on which the

husband of a married

woman may apply for

an order.

2 Edw. 7, c.

28, s. 5 (2).

15 & 16 Geo.

5, c. 51, s. 1 (3).

Fowers of Magistrate.

58 & 59

Vict., c. 39, s. 5.

10 & 11 Geo.

(e) has been guilty of wilful neglect to provide reason- able maintenance for her or her infant children whom he is legally liable to maintain;

(f) has, while suffering from a venereal disease, and knowing that he was so suffering, insisted on having sexual intercourse with her;

(g) has compelled her to submit herself to prostitution; (h) is a habitual drunkard, or a drug addict,

may apply to a magistrate for an order under this Ordinance. Where the husband has, in the opinion of the magistrate, been guilty of such conduct as was likely to result and has resulted in her submitting herself to prostitution, he shall, for the purposes of this section, be deemed to have compelled. her so to submit herself.

4. The husband of every married woman who-

(a) has been guilty of persistent cruelty to his children;

(b) is a habitual drunkard or a drug addict,

may apply to a magistrate for an order under this Ordinance.

5. On any application under section 3 or 4, the magis- trate may make one or more orders containing all or any of the following provisions :-

(a) that the applicant be no longer bound to cohabit with 5, c. 63, s. 1. her husband, or, as the case may be, that the applicant be no longer bound to cohabit with his wife (which provision while in force shall have the effect of a decree of judicial separation on the ground of cruelty);

Limitation of powers of

magistrate.

58 & 59

Vict., c. 39,

s. 6.

(b) that the legal custody of any children of the marriage be committed to the husband, or to his wife;

(c) that the husband shall pay to his wife, or to the magistrate's clerk or any third person on her behalf, such weekly sum, not exceeding fifty dollars, as the magistrate having regard to the means both of the husband and his wife considers reasonable;

(d) that the husband shall pay to his wife, or to the magistrate's clerk or any third person on her behalf, such weekly sum not exceeding ten dollars for the maintenance of each child of the marriage committed to her custody under paragraph (b) until such child attains the age of sixteen

years;

(e) a provision for payment by the husband or his wife, or both of them, of such reasonable costs of the parties or either of them as the magistrate may think fit.

6. (1) No order shall be made under this Ordinance if it is proved that the applicant has committed an act of adultery:

Provided that the husband or, as the case may be, the 15 & 16 Geo. wife, of the applicant has not condoned, or connived at, or by his or her wilful neglect or misconduct conduced to such act of adultery.

5, c. 51,

s. 1 (4).