CAP. 16]
[s. 5 cont.]
42 of 1948, s. 2.
Limitation of powers of magistrate.
58 & 59 Vict., c. 39, s. 6. 15 & 16 Geo. 5, c. 51, S. 1 (4).
Magistrate may vary or discharge order.
58 & 59 Vict., c. 39, s. 7.
Separation and Maintenance Orders.
(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 thirty 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 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.
(2) No order made under this Ordinance shall be enforceable and no liability shall accrue under any such order whilst the married woman, and her husband, with respect to whom the order was made, reside together, and any such order shall cease to have effect if for a period of three months after it is made the married woman and her husband continue to reside together.
7. (1) Any magistrate may on the application of the married woman or her husband, and upon cause being shown on fresh evidence at any time alter, vary or discharge any order made under this Ordinance, and may from time to time increase or diminish the amount of any weekly payment ordered to be made, so that the same does not in any case exceed such weekly sum as might be ordered to be paid under section 5.
(2) If any person who has applied for an order and with respect to whom an order has been made under this Ordinance voluntarily resumes cohabitation with her husband or, as the case may be, with his wife, or commits an act of adultery, such order shall upon proof thereof be discharged: Provided that if the order was made on the application of a married woman, the magistrate may, if he thinks fit—
(a) refuse to discharge the order if in his opinion such act of adultery as aforesaid was conduced to by the
344
CAP. 16]
[s. 5 cont.]
42 of 1948, s. 2.
Limitation of powers of magistrate.
58 & 59 Vict.. c. 39, s. 6. 15 & 16 Geo. 5, c. 51, S. 1
(4).
Magistrate
may vary or discharge
order.
c. 39, s. 7.
Separation and Maintenance Orders.
(d) that the husband shall pay to his wife, or to the magistrate's clerk or any third person on her be- half, such weekly sum not exceeding thirty 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 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.
(2) No order made under this Ordinance shall be en- forceable and no liability shall accrue under any such order whilst the married woman, and her husband, with respect to whom the order was made, reside together, and any such order shall cease to have effect if for a period of three months after it is made the married woman and her husband continue to reside together.
7. (1) Any magistrate may on the application of the married woman or her husband, and upon cause being 6859 Vict., shown on fresh evidence at any time alter, vary or discharge any order made under this Ordinance, and may from time to time increase or diminish the amount of any weekly pay- ment ordered to be made, so that the same does not in any case exceed such weekly sum as might be ordered to be paid under section 5.
(2) If any person who has applied for an order and with respect to whom an order has been made under, this Ordin- ance voluntarily resumes cohabitation with her husband or, as the case may be, with his wife, or commits an act of adultery, such order shall upon proof thereof be discharged : Provided that if the order was made on the application of a married woman, the magistrate may, if he thinks fit-
(a) refuse to discharge the order if in his opinion such act of adultery as aforesaid was conduced to by the
344
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