a
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May 29, 1858.]
The Honghong Government Gazette.
protecting her Earnings and Property acquired since the Commencement of such Desertion, from her and and all Creditors and Persons claiming under him, and such Earnings and Property shall belong Wife as if she were a Feme Sole: Provided always, that every such Order, if made by a Police trate or Justices at Petty Sessions, shall, within Ten Days after the making thereof, be entered with Registrar of the County Court within whose Jurisdiction the Wife is resident; and that it shall be al for the Husband, and any Creditor or other Person claiming under him, to apply to the Court, or to Magistrate or Justices by whom such Order was made, for the Discharge thercof: Provided also, that te ilusband or any Creditor of or Person claiming under the Husband shall seize, or continue to hold y Property of the Wife after Notice of any such Order, he shall be liable, at the Suit of the Wife (which is hereby empowered to bring), to restore the specific Property, and also for a Sum equal to double Value of the Property so seized or held after such Notice as aforesaid: If any such Order of Protec- be made, the Wife shall during the Continuance thereof be and be deemed to have been, during such tion of her, in the like Position in all respects, with regard to Property and Contracts, and suing and sued, as she would be under this Act if she obtained a Decree of Judicial Separation. XXII. In all Suits and Proceedings, other than Proceedings to dissolve any Marriage, the said Court
Court to act
on
' proceed and act and give Relief on Principles and Rules which in the Opinion of the said Court Principles of the Eccle-
be as nearly as may be conformable to the Principles and Rules on which the Ecclesiastical Courts siastical Courts.
e heretofore acted and given Relief, but subject to the Provisions herein contained and to the Rules
4 Orders under this Act.
XXII. Any Husband or Wife, upon the Application of whose Wife or Husband, as the Case may
Decree of Separa-
reversed.
a Decree of Judicial Separation has been pronounced, may, at any Time thereafter, present a Petition tion obtained during the Court praying for a Reversal of such Decrce on the Ground that it was obtained in his or her the Absence of Hus- Absence, and that there was reasonable Ground for the alleged Desertion, where Descrtion was the Ground band or Wife may be it sech Decree; and the Court may, on being satisfied of the Truth of the Allegations of such Petition, reverse the Decree accordingly, but the Reversal thereof shall not prejudice or affect the Rights or Remedies which any other Person would have had in case such Reversal had not been decreed, in respect any Debts, Contracts, or Acts of the Wife incurred, entcred into, or done between the Times of the Sentence of Separation and of the Reversal thereof.
Trustee.
to her
In case of Judicial
to be considered
XXIV. In all Cases in which the Court shall make any Decree or Order for Alimony, it may direct the same to be paid either to the Wife herself or to any Trustee on her Behalf, to be approved by the Payment of Alimony Court may direct Court, and may impose any Terms or Restrictions which to the Court may seem expedient, and may from to Wife or Time to Time appoint a new Trustee, if for any Reason it shall appear to the Court expedient so to do.
XXV. In every Case of a Judicial Separation the Wife shall, from the Date of the Sentence and whilst the Separation shall continue, be considered as a Feme Sole with respect to Property of every Separation the Wife Description which she may acquire or which may come to or devolve upon her; and such Property may Feme Sole with respect be disposed of by her in all respects as a Feme Sole, and on her Decease the same shall, in case she shall to Property she may die infestate, go as the same would have gone if her Husband had been then dead; provided, that if any acquire, &c.; uch Wife should again cohabit with her Husband, all such Property as she may be entitled to when such tyhabitation shall take place shall be held to her separate Use, subject, however, to any Agreement in Writing made between herself and her Husband whilst separate.
2
XXVI. In every Case of a Judicial Separation the Wife shall, whilst so separated, be considered as a Home Sole for the Purposes of Contract, and Wrongs and Injuries, and suing and being sued in any Civil of Contract and suing. Also, for Purposes Froceeding; and her Husband shall not be liable in respect of any Engagement or Contract she may have catered into, or for any wrongful Act or Omission by her, or for any Costs she may incur as Plaintiff or Defendant; provided, that where upon any such Judicial Separation Alimony has been decreed or Andered to be paid to the Wife, and the same shall not be duly paid by the Husband, he shall be liable for cessaries supplied for her Use; provided also, that nothing shall prevent the Wife from joining, at any Time during such Separation, in the Exercise of any joint Power given to herself and her Husband.
XXXIII. Any Husband may, either in a Petition for Dissolution of Marriage or for Judical Separa- Husband may claim tion, or in a Petition limited to such Object only, claim Damages from any Person on the Ground of his Damages from Adul having committed Adultery with the Wife of such Petitioner, and such Petition shall be served on the terers. aged Adulterer and the Wife, unless the Court shall dispense with such Service, or direct some other Service to be substituted; and the Claim made by every such Petition shall he heard and tried on the same Principles, in the same Manner, and subject to the same or the like Rules and Regulations as Actions for Criminal Conversation are now tried and decided in Courts of Common Law; and all the Enactments kerein contained with reference to the Hearing and Decision of Petitions to the Court shall, so far as may be necessary, be deemed applicable to the Hearing and Decision of Petitions presented under this Enact- ent; and the Damages to be recovered on any such Petition shall in all Cases be ascertained by the Verdict of a Jury, although the Respondents or either of them may not appear; and after the Verdict has been given the Court shall have Power to direct in what Manner such Damages shall be paid or applied, and to direct that the whole or any Part thereof shall be settled for the Benefit of the Children (if any) of the Marriage, or as a Provision for the Maintenance of the Wife.
XXXIV. Whenever in any Petition presented by a Husband the alleged Adulterer shall have been
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the Court.
Where a Question
XXXVII. The Court, or any Judge thereof, may make all such Rules and Orders upon the Sheriff any other Person for procuring the Attendance of a Special or Common Jury for the Trial of such is ordered to be tried Lestion as may now be made by any of the Superior Courts of Common Law at Westminster, and may moned as in the Com- a Jury may be sum- o make any other Orders which to such Court or Judge may seem requisite; and every such Jury shall mon Law Courts, cost of Persons possessing the like Qualifications, and shall be struck, summoned, balloted for, and called The Manner, as if such Jury were a Jury for the Trial of any Cause in any of the said Superior Courts: every Juryman so summoned shall be entitled to the same Rights, and subject to the same Duties and abitjes, as if he had been duly summoned for the Trial of any such Cause in any of the said Superior perty and every Party to any such Proceeding shall be entitled to the same Rights as to Challenge and Rights to Challenge. atherwise as if he were a Party to any such Cause.
XXXVIII. When any such Question shall be so ordered to be tried such Question shall be reduced Writing in such Form as the Court shall direct, and at the Trial the Jury shall be sworn to try the reduced into Writing, Such Question to be Question, and a true Verdict to give thereon according to the Evidence; and upon every such Trial and a Jury to be sworn Court or Judge shall have the same Powers, Jurisdiction, and Authority as any Judge of any of the Superior Courts sitting at Nisi Prius:
to try it.
Judge to have same Powersasat Nisi Priut.
XXXVI. In Questions of Fact arising in Proceedings under this Act it shall be lawful for, but except as herein-before provided, not obligatory upon, the Court to direct the Truth thereof to be deter- may be tried before mined before itself, or before any One or more of the Judges of the said Court, by the Verdict of a Special
Common Jury.
Custody of Children.
XXXV. In any Suit or other Proceeding for obtaining a Judicial Separation or a Decree of Nullity Power to Court to of Marriage, and on any Petition for dissolving a Marriage, the Court may from Time to Time, before make Orders as to making its final Decree, make such interim Orders, and may make such Provision in the final Decree, as may deem just and proper with respect to the Custody, Maintenance, and Education of the Children the Marriage of whose Parents is the Subject of such Suit or other Proceeding, and may, if it shall think fit, rect proper Proceedings to be taken for placing such Children under the Protection of the Court of Chancery.
Questions of Fact
len Co-Respondent, and the Adultery shall have been established, it shall be lawful for the Court to order Adulterer to pay order the Adulterer to pay the whole or any Part of the Costs of the Proceedings.
Costs.
Power to Court to
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