44
:
575
sized.
d.) Where a claim shall be made to or in respect of Claims in property, taken in execution under the provisons of this respect of section, by any person other than the party against whom property such execution shall have issued, such claim shall be heard and determined by the Magistrate upon a summons calling before him such claimant as well as the party on whose behalf such execution issued and the decision of the Magis- trate upon such claim shall be final.
tion a bar
6. The receipt by the person in whose favour any Receipt of order for compensation is made under the provisions of compensa- this Ordinance of such compensation shall be a bar to the to action institution or continuance of any further or other proceed- for damages ings for damages for adultery against the person by whom for adultery. such compensation has been paid at the suit of the person to whom such compensation has been paid.
7. It shall be sufficient defence to any charge made Defence to under the provisions of section 3 sub-section (a) or of charge. section 4 of this Ordinance if it shall be proved to the satisfaction of the Magistrate that the person so charged had reasonable cause, other than from information supplied by the woman with whom such person is charged with having committed adultery or whom such person is charged with receiving or harbouring, to believe that such woman was a spinster or to believe that she was a widow.
8. A person who receives or harbours a Chinese woman who has left her husband because of his cruelty to her or because of his failure properly to maintain her shall not be deemed to have received or harboured such married woman without reasonable excuse,
"Reason- able excuse defined.
9. The Magistrates (Amendment) Ordinance, 1903, and Repeal. the Magistrates Amendment (No. 2) Ordinance, 1910, are hereby repealed.
Objects and Reasons.
The object of this Bill is to provide some penalty for (and, by providing a penalty, to prevent as far as may be) cases in which a Chinese married woman is guilty of deliberate adultery with a paramour. Such a practice is unfortunately not unknown and there exist at present no regular means either for the husband to obtain redress or for the punishing of the adulterous parties.
The Bill prescribes punishment for both the erring wife and her paramour and provides for the payment of compen- sation by the paramour to the wronged husband with whom alone, however, lies the right and power of taking proceed- ings in connection with the injury done to him.
With the Bill are conveniently welded the provisions of the two existing Ordinances which already tonched the fringe of this question by making it illegal to harbour or receive a Chinese married woman who had left her husband for no proper cause.
JOHN A. BUCKNILL, Attorney General.
NOTICES.
COLONIAL SECRETARY'S DEPARTMENT.
No. S. 399.-Statement of Sanitary Measures adopted against Hongkong.
Place or Port.
Nature of Measures.
Reference
Date.
to Govern- ment Noti-
fication.
Orissa.
Plague Regulations imposed in Orissa Ports against arrivais
from Hongkong.
23rd Feb., 1912.
No. S. 54.
22nd November, 1912.
CLAUD SEVERN,
Colonial Secretary,
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