Page image
Page image

[Compiled by the Solicitor-General, under the provisions of " The Statutes Compilation Act, 1902," pursuant to the resolution of both Houses of the General Assembly dated the 21st day of November, 1903.] DIVOBCE AND MATEIMONIAL CAUSES ACTS COMPILATION.

ANALYSIS.

Title. 1. Short Title. 2. Arrangement of sections of Act. 3. Interpretation. 4. Jurisdiction. 5. Power to make and alter rules for procedure, &c. Judges may fix scale of costs. PART I. Decrees for Judicial Separation and Restitution of Conjugal Rights. 6. Judicial separation substituted for divorce a mensa et thoro. 7. Decree may be obtained by husband or wife for adultery, &c. 8. Application for restitution of conjugal rights to be by petition. 9. Periodical payments in lieu of attachment. 10. Settlement of wife's property. 11. Non-compliance with decree deemed desertion. 12. Custody of children. 13. Court to act on principles of Ecclesiastical Courts. 14. Decree of separation obtained during absence may be reversed. 15. Wife judicially separated considered a feme sole. 16. Court may direct payment of alimony to wife or to her trustee. 17. In cases of separation wife to be considered as a feme sole with rfispect of any property she may acquire. 18. Also as to contracts, &c. 19. Wife's property in trust or in expectancy to be included in decree or protecting order. 20. Discharge of decree or protecting order not to affect creditors. 21. Indemnity to parties making payments under decree or order afterwards reversed. PART 11. ' Decrees for Dissolution of Marriages. ( 22. Grounds for divorce. ( 23. When wife may petition for dissolution of ( marriage. ( 24. Meaning of incestuous adultery and bigamy. 25. Adulterer to be a co-respondent. ( 26. Registrar to send copy of petition to SolicitorGeneral. ( 27. Law Officers may oppose petition. 28. Stranger may be admitted in cases of con- ( mvance to oppose dissolution of marriage. ( 29. Court to be satisfied of absence of collusion. I 30. Covenant nut to be a bar. \ 31. Cases in which petition is dismissed. ', 32. Cases in which dissolution of marriage may be decreed. 33. Alimony. ', 34. Power to order monthly or weekly payments ' to wife from husband on dissolution of marriage. r , 35. Fraudulent deeds may be set aside. 1 36. Sale to defeat petitioner may be restrained.

37. When alleged adulterer a 00-respondent he may be dismissed from suit. 38. Decree nisi. 39. Making decree absolute. 40. Liberty to party to marry again. 41. Power to grant relief to respondent. PART 111. Remedies Against Adulterer. 42. Action for criminal conversation abolished. 43. Husband may claim damages from adulterer. 44. Damages to be ascertained by jury, &c. 45. Limitation of time for recovery of damages. 46. Court may order adulterer to pay costs. PART IV. Provisions for the Benefit of Children. 47. Court may make orders as to custody of children. 48. Court after final decree may make such order. 49. Custody of children in undefended cases, &c. 50. Court after final decree may inquire as to settlement and make orders therein for children. 51. Court may settle property of adulterous wife for benefit of innocent party and children of marriage. 52. Coverture not to invalidate instrument executed under order. PART V. Procedure in Matrimonial Causes. 53. Questions of fact may be tried before Court. 54. Such questions to be tried as an issue. 55. Affidavit in support of a petition. 56. Serving petition. 57. Examination of petitioner. 58. Adjournment. 59. Mode of taking evidence. 60. Commissions or orders for the examination of witnesses. 61. Costs. 62. Enforcement of orders and decrees. 63. Pees to be regulated. 64. Order fixing fees to be laid before Parliament. 65. Husband and wife competent to give evidence. 66. Suits may be heard in Chambers. Proceedings not to be published. 67. Judge may sit in Chambers to hear cases. 68. Power of Judge in Chambers. 69. Judge may grant rule nisi for new trial. 70. Affidavits, by whom sworn in certain cases. 71. Affidavits, before whom to be sworn in certain other cases. 72. Forging seal or signature. 73. Persons taking a false oath guilty of perjury. 74. Appeal from Court or Judge to Court of Appeal. 75. Appeal to Privy Council. 76. Act to apply to petition by husband. Schedules.

Log in or create a Papers Past website account

Use your Papers Past website account to correct newspaper text.

By creating and using this account you agree to our terms of use.

Log in with RealMe®

If you’ve used a RealMe login somewhere else, you can use it here too. If you don’t already have a username and password, just click Log in and you can choose to create one.


Log in again to continue your work

Your session has expired.

Log in again with RealMe®


Alert