1912_MARRIED_WOMEN_(DESERTION)_ORDINANCE__1905 — Page 2

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MARRIED WOMEN (DESERTION).

No. 10 of 1905.

1673

shall by such cruelty or neglect have caused her to leave and live separately and apart from him, may apply to a Magistrate for an order under this Ordinance.

4. The Magistrate may make an order containing all or any of the provisions following:--

(a) that the applicant be no longer bound to cohabit with her husband (which provision while in force shall have the effect of a decree of judicial separation on the ground of cruelty under the law of England);

(b) that the legal custody of any children of the marriage between the applicant and her husband, while under the age of 16, be committed to the applicant;

(c) that the husband shall pay to the applicant personally, or to some person on her behalf, for her use, such weekly sum not exceeding 20 dollars as the Magistrate shall, having regard to the means both of the husband and wife, consider reasonable;

(d) that the costs of the application be paid by the applicant or by the husband or by both.

may be made.

*

5. No order shall be made under this Ordinance if it be proved that the applicant has committed an act of adultery, provided that the husband has not condoned or connived at, or by his wilful neglect or misconduct conduced to, the act of adultery.

6. A Magistrate may on the application of the married woman or her husband, and upon cause being shown on fresh evidence, alter, vary or discharge any order made under this Ordinance, and may from time to time diminish the amount of any weekly payment ordered to be made, or increase such amount so that it shall not in any case exceed the weekly sum of 20 dollars: Provided always that if any married woman upon whose application an order shall have been made under this Ordinance shall voluntarily resume cohabitation with her husband or shall commit an act of adultery, such order shall upon proof thereof be discharged.

7. All applications under this Ordinance shall be made and be dealt with and all orders be enforced and all appeals be made in accordance with the Magistrates Ordinance, 1890.

* As amended by No. 50 of 1911 and No. 12 of 1912.

† As amended by No. 13 of 1912.

§ As amended by No. 12 of 1912 and No. 43 of 1912 Supp. Sched.

§

No. 3 of 1890.

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No. 10 of 1905.1673shall by such cruelty or neglect have caused her to leave and live separately and apart from him, may apply to a Magistrate for an order under this Ordinance.4. The Magistrate may make an order containing all or any of the provisions following:--(a) that the applicant be no longer bound to cohabit with her husband (which provision while in force shall have the effect of a decree of judicial separation on the ground of cruelty under the law of England);(b) that the legal custody of any children of the marriage between the applicant and her husband, while under the age of 16, be committed to the applicant;(c) that the husband shall pay to the applicant personally, or to some person on her behalf, for her use, such weekly sum not exceeding 20 dollars as the Magistrate shall, having regard to the means both of the husband and wife, consider reasonable;(d) that the costs of the application be paid by the applicant or by the husband or by both.may be made.*5. No order shall be made under this Ordinance if it be proved that the applicant has committed an act of adultery, provided that the husband has not condoned or connived at, or by his wilful neglect or misconduct conduced to, the act of adultery.6. A Magistrate may on the application of the married woman or her husband, and upon cause being shown on fresh evidence, alter, vary or discharge any order made under this Ordinance, and may from time to time diminish the amount of any weekly payment ordered to be made, or increase such amount so that it shall not in any case exceed the weekly sum of 20 dollars: Provided always that if any married woman upon whose application an order shall have been made under this Ordinance shall voluntarily resume cohabitation with her husband or shall commit an act of adultery, such order shall upon proof thereof be discharged.7. All applications under this Ordinance shall be made and be dealt with and all orders be enforced and all appeals be made in accordance with the Magistrates Ordinance, 1890.* As amended by No. 50 of 1911 and No. 12 of 1912.† As amended by No. 13 of 1912.§ As amended by No. 12 of 1912 and No. 43 of 1912 Supp. Sched.
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No. 10 of 1905.1673shall by such cruelty or neglect have caused her to leave and live separately and apart from him, may apply to a Magistrate for an order under this Ordinance.4. The Magistrate may make an order containing all or any ofWhat orders the provisions following:--(a) that the applicant be no longer bound to cohabit with her husband (which provision while in force shall have the effect of a decree of judicial separation on the ground of cruelty under the law of England);(b) that the legal custody of any children of the marriage between the applicant and her husband, while under the age of 16, be committed to the applicant ;(c) that the husband shall pay to the applicant personally, or to some person on her behalf, for her use, such weekly sum not exceeding 20 dollars as the Magistrate shall, having regard to the means both of the husband and wife, consider reasonable;(d) that the costs of the application be paid by the applicant or by the husband or by both.may be made.*5. No order shall be made under this Ordinance if it be provedLimitation that the appiicant has committed an act of adultery, provided thatas to orders. the husband has not condoned or connived at, or by his wilful neg- lect or misconduct conduced to, the act of adultery.6. A Magistrate may on the application of the married woman orPower to her husband, and upon cause being shown on fresh evidence, alter, vary orvary, or discharge any order made under this Ordinance, andorder.discharge may from time to time diminish the amount of any weekly payment+ ordered to be made, or increase such amount so that it shall not in any case exceed the weekly sum of 20 dollars: Provided always that if any married woman upon whose application an order shall have been made under this Ordinance shall voluntarily resume cohabitation with her husband or shall commit an act of adultery, such order shall upon proof thereof be discharged.7. All applications under this Ordinance shall be made and beProcedure. dealt with and all orders be enforced and all appeals be made in accordance with the Magistrates Ordinance, 1890.* As amended by No. 50 of 1911 and No. 12 of 1912.† As amended by No. 13 of 1912.§ As amended by No. 12 of 1912 and No. 43 of 1912 Supp. Sched.
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MARRIED WOMEN (DESERTION).

No. 10 of 1905.

1673

shall by such cruelty or neglect have caused her to leave and live separately and apart from him, may apply to a Magistrate for an order under this Ordinance.

4. The Magistrate may make an order containing all or any of What orders the provisions following:--

(a) that the applicant be no longer bound to cohabit with her husband (which provision while in force shall have the effect of a decree of judicial separation on the ground of cruelty under the law of England);

(b) that the legal custody of any children of the marriage between the applicant and her husband, while under the age of 16, be committed to the applicant ;

(c) that the husband shall pay to the applicant personally, or to some person on her behalf, for her use, such weekly sum not exceeding 20 dollars as the Magistrate shall, having regard to the means both of the husband and wife, consider reasonable;

(d) that the costs of the application be paid by the applicant or by the husband or by both.

may be made.

*

5. No order shall be made under this Ordinance if it be proved Limitation that the appiicant has committed an act of adultery, provided that as to orders. the husband has not condoned or connived at, or by his wilful neg- lect or misconduct conduced to, the act of adultery.

6. A Magistrate may on the application of the married woman or Power to her husband, and upon cause being shown on fresh evidence, alter, vary or vary, or discharge any order made under this Ordinance, and order.

discharge may from time to time diminish the amount of any weekly payment + ordered to be made, or increase such amount so that it shall not in any case exceed the weekly sum of 20 dollars: Provided always that if any married woman upon whose application an order shall have been made under this Ordinance shall voluntarily resume cohabitation with her husband or shall commit an act of adultery, such order shall upon proof thereof be discharged.

7. All applications under this Ordinance shall be made and be Procedure. dealt with and all orders be enforced and all appeals be made in

accordance with the Magistrates Ordinance, 1890.

* As amended by No. 50 of 1911 and No. 12 of 1912.

† As amended by No. 13 of 1912.

§ As amended by No. 12 of 1912 and No. 43 of 1912 Supp. Sched.

§

No. 3 of 1890.

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