Separation and Maintenance Orders.
[CAP. 16
failure of the husband to make such payments as in the opinion of the magistrate he was able to make under the order; and
(b) in the event of the order being discharged, make a new order that the legal custody of the children of the marriage shall continue to be committed to the wife, and that the husband shall pay to the wife or to the magistrate's clerk or any third person on her behalf a weekly sum not exceeding thirty dollars.
9 of 1950, until the child attains the age of sixteen years. In making such an order the magistrate shall have regard primarily to the interests of the children.
8. If in the opinion of a magistrate the matters in question between the parties or any of them would be more conveniently dealt with by the Supreme Court, the magistrate may refuse to make an order under this Ordinance, and in such case, without prejudice to the general right of appeal conferred by the Magistrates Ordinance, no appeal shall lie from the magistrate's decision: Provided that the Supreme Court shall have power by order in any proceeding in the Supreme Court relating to or comprising the same subject matter as the application so refused as aforesaid, or any part thereof, to direct the magistrate to rehear and determine the same.
9. (1) Where, on the hearing of an application for an order of maintenance, the application is adjourned for any period exceeding one week, the magistrate may order that the husband do pay to the wife or to the magistrate's clerk or any third person on her behalf a weekly sum, not exceeding such an amount as might be ordered to be paid under a final order, for the maintenance of the wife and any child or children in her custody until the final determination of the case: Provided that the order directing such payment shall not remain in operation for more than three months from the date on which it was made.
(2) Any such order shall be enforced in like manner as if it were a final order of the magistrate.
10. Any person for the time being under an obligation to make payments, including costs, under an order under this Ordinance shall give notice to such persons, if any, as
Schedule.
Magistrate an order in fit for the Court.
may refuse
cases more
Supreme
58 & 59 Vict.
c. 39, s. 10. (Cap. 227.)
order interim
Power to payments cation for is adjourned. 5, c. 51, s. 6.
where appli-
maintenance
15 & 16 Geo.
Notice of address.
change of
15 & 16 Geo.
5, c. 51, s. 4.
345-
Separation and Maintenance Orders.
[CAP. 16
failure of the husband to make such payments as in the opinion of the magistrate he was able to make under the order; and
(b) in the event of the order being discharged, make a new order that the legal custody of the children of the marriage shall continue to be committed to the wife, and that the husband shall pay to the wife or to the magistrate's clerk or any third person on her behalf a weekly sum not exceeding thirty dollars 9 of 1950, until the child attains the age of sixteen years. In making such an order the magistrate shall have regard primarily to the interests of the children.
8. If in the opinion of a magistrate the matters in question between the parties or any of them would be more conveniently dealt with by the Supreme Court, the magis- trate may refuse to make an order under this Ordinance, and in such case, without prejudice to the general right of appeal conferred by the Magistrates Ordinance, no appeal shall lie from the magistrate's decision: Provided that the Supreme Court shall have power by order in any proceeding in the Supreme Court relating to or comprising the same subject matter as the application so refused as aforesaid, or any part thereof, to direct the magistrate to rehear and deter- mine the same.
9. (1) Where, on the hearing of an application for an order of maintenance, the application is adjourned for any period exceeding one week, the magistrate may order that the husband do pay to the wife or to the magistrate's clerk or any third person on her behalf a weekly sum, not exceed- ing such an amount as might be ordered to be paid under a final order, for the maintenance of the wife and any child or children in her custody until the final determination of the case: Provided that the order directing such payment shall not remain in operation for more than three months from the date on which it was made.
(2) Any such order shall be enforced in like manner as if it were a final order of the magistrate.
10. Any person for the time being under an obligation to make payments, including costs, under an order under this Ordinance shall give notice to such persons, if any, as
Schedule.
Magistrate an order in fit for the Court.
may refuse
cases more
Supreme
58 & 59 Vict.
c. 39, s. 10. (Cap. 227.)
order interim
Power to payments cation for is adjourned. 5, c. 51, s. 6.
where appli-
maintenance
15 & 16 Geo.
Notice of address.
change of
15 & 16 Geo.
5, c. 51, s. 4.
!
345-
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