Summary Jurisdiction (Married Women) Act 1896 (WA)

Meatrit gwitralia.

ANNO SEX AGESIMO

VICTORIA REGINA.

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No. X.

AN ACT to amend the Law relating to the Summary Jurisdiction of Magistrates in reference to Married Women.

[Assented to, 23rd September, ig96.]

Legislative Assembly, in this present Parliament assembled, and by with the advice and consent of the Legislative Council and the authority of the same, as follows :- BE it enacted by the Queen's Most Excellent Majesty, by and

THIS Act may be cited for all purposes as the Sum- mary Jurisdiction (Married Women) Act, 1896. Short Titio.

1.

ANY married woman whose husband shall have been convicted of an aggravated assault upon her, within the mean- otd„rdmath bwh"1 may e ap-

2.

in • of the Imperial Statute 24 and 25 Victoria, cap. 100, plied for.

Sec. 43 (adopted in Western Australia by Ordinance 29 Victoria, No. 5), or whose husband shall have been convicted of an assault upon her and sentenced to a fine of more than Five pounds, or to a term of imprisonment exceeding two months, or whose husband shall have been guilty of persistent cruelty to her, or wilful neglect to provide reasonable maintenance for her or her infant children whom he is legally liable to maintain, and shall by such cruelty or

600 VICTORLE, No. 10.

Summaiy Jurisdiction (Married Women).

neglect have caused her to leave and live separately and apart from him, may apply to any two Justices of the Peace acting within the Magisterial District in which any such conviction has taken place, or in which the cause of complaint shall have wholly or partially arisen, for an order or orders under this Act: Provided that where a married woman is entitled to apply for an order or orders under this Section on the ground of the conviction of her husband by the Supreme Court or any Court of General or Quarter Sessions of the Peace, may apply to the Court before whom her husband has been convicted, and that Court shall, for the purposes of this Section, become a Court of Summary Jurisdiction, and shall have the power, without a jury. to hear an application and make the order or orders applied for.

3. THE said Justices, or any Court to which an application

Powers of Court.

under this Act is made, may make an order or orders containing all

or any of the provisions following, viz. :—

a.) A provision that the applicant be no longer bound to cohabit with her husband (which provision, while in force, shall have the effect in all respects of a decree of Judicial separation on the ground of cruelty):

) A provision that the legal custody of any children of the marriage between the applicant and her husband, while under the age of sixteen years, be committed to the applicant:

(c.) A provision that the husband shall pay to the applicant personally, or for her use to any officer of the Court or third person on her behalf, such weekly sum not exceeding Three pounds, as the Court shall, having regard to means both of the husband and wife, consider reasonable:

(d.) A provision for payment by the applicant or the husband, or both of them, of the costs of the Court, and such reasonable costs of either of the parties as the Court may think fit.

4. NO orders shall be made under this Act on the application

of Court. Limitations ()rumors of a married woman if it shall be proved that such married woman

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 such act of adultery.

5. ANY two Justices acting within the district in which any

court may vary or order under this Act or the Act mentioned in the Schedule hereto, discharge order.

or either of them, has been made, may, on the application of the

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Summary Jurisdiction (Married IIomen).

married woman or of her husband, and upon cause being shown upon fresh evidence to the satisfaction of the Court at any time, alter, vary, or discharge any such order, and may upon any such application from time to time increase or diminish the amount of any weekly payment ordered to be made, so that the same do not in any case exceed the weekly sum of three pounds. If any married woman upon whose application an order shall have been made under this Act or the Act mentioned in the Schedule hereto, or either of them, shall voluntarily resume cohabitation with her husband. or shall commit an act of adultery, such order shall, upon proof thereof, be discharged.

6.

ALL applications under this Act shall be made in accordance with the Ordinance 14 Viet., No. 5, and in the case of a conviction	Procedure.
of a husband for aggravated assault upon his wife, her application may, by leave of the Court, be made by summons to be issued and made returnable immediately upon such conviction.

7.

THE payments of any sum of money directed to be paid by an order under this Act may be enforced in the same manner as the	Enforcement of
orders for payment
payment of money is enforced under an order of affiliation.	of money.

8, in the opinion of the Justices, the matters in question

Court may refuse an

between the parties or any of them would be more conveniently dealt	order in cases more
with by the Supreme Court, the Justices may refuse to make an order	fit for Supreme
under this Act, and in such case no appeal shall lie from the decision	Court.
of the Justices: Provided always, that the Supreme Court or a Judge thereof 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 said Justices to rehear and determine the same.

SAVE as hereinbefore provided, an appeal shall lie from any order or the refusal of any order by Justices under this Act to	Appeal.
the Supreme Court. Rules of Court ma y from time to time be made regulating the practice th.d procedure in such appeals, and until such rules be made, the practice as to appeals from Justices under the Police Act, 1892, shall apply to appeals under this Act.

9.

THE Act specified in the Schedule to this Act is hereby repealed, to the extent therein mentioned. Repeal.

10.

In the name and on behalf of the Queen I hereby assent

to this Act.

)lERARD SMITH, Governor.

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Summary Jurisdiction (Married Women).

SCHEDULE.

ENACTMENT REPEALED.

Year and Number. Extent of Repeal.

48 Viet., No. 9 .. Seetiou three.

By Authority : RICHARD PETRER, Government Printer, Perth.