Matrimonial Causes Acts Amendment Act of 1953 (1 Eliz Ii No. 55) (Qld)

296 MARRIAGE AND DIVORCE. Matrimonial Causes Acts Amendment Act. 1 E liz . II. No. 55, (6) If alimony has been ordered to be paid and has not been duly paid by the husband he shall be liable for necessaries supplied for the use of the wife. (2.) In any case where the decree for judicial separation is obtained by the wife, any property to which she is entitled for an estate in remainder or reversion at the date of the decree, and any property to which she becomes entitled as executrix, administratrix, or trustee after the date of the decree, shall be deemed to be property to which this section applies.” (b) By repealing in section seventeen thereof the words “ a decree for judicial separation or”, the words “ the sentence of separation or ”, and the brackets and words “(as the case may be) ”. 1 N E o l . iz 5 . 5I. I. An Act to Amend “ The Matrimonial Causes Acts, T he M atrimonial C auses 1864 to 1949,” in certain particulars. A cts A mendment A ct of 1953. [R eserved : H er M ajesty ’ s A ssent P roclaimed 8 th J anuary , 1953.] E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— Short title 1. This Act may be cited as “ The Matrimonial caonndstruction. Causes Acts Amendment Act of 1953,” and shall be read as one with *“ The Matrimonial Causes Acts, 1864 to 1949,” herein referred to as the Principal Act. Collective The Principal Act and this Act may collectively be 1 e’ cited as “ The Matrimonial Causes Acts, 1864 to 1953.” * 28 V. No. 29 and amending Acts.

MARRIAGE AND DIVORCE. 1953. Matrimonial Causes Acts Amendment Act. 297 2. Section twenty-one of *“ The Matrimonial Causes Amendments Jurisdiction Act of 1864,” is amended— ofs. 21. (i.) By repealing subparagraph (a) of the third paragraph thereof and by inserting, in lieu of that repealed subparagraph, the following subparagraph namely :— “ (a) Has, for a period or periods aggregating five out of the six years immediately preceding the petition, been confined, on the ground of insanity, unsoundness of mind, or mental sickness, in an institution (whether in Queensland or elsewhere within the British Commonwealth of Nations) where persons may be so confined in pursuance of the law or respective laws in force where that institution or each of those institutions is or are situated and is a “ mentally sick person ” within the meaning assigned to that term by f “ The Mental Hygiene Act of 1938,” and is unlikely to recover ; or (ii.) By adding thereto the following paragraphs namely :— “ Upon proof, on the hearing of a petition for dissolving a marriage on the ground of adultery, that the defendant has been convicted in Queensland or elsewhere for bigamy committed during the marriage, the defendant shall (unless the court shall be satisfied to the contrary by other evidence) be presumed to have committed adultery with the person with whom he or she unlawfully went through the form of marriage. In computing the period of confinement for the purposes of subparagraph (a) of this section confinement before the enactment of that subparagraph may be taken into account.” * 28 V. No. 29. f 2 G. 6 No. 21.