c. 85. 20 & 21 Vict. creditors and persons claiming under him,—and such earnings and property shall belong to the wife as if she were a feme sole:— Provided always, that every such order, if made by a police magistrate or justices at petty sessions, shall, within ten days after the making thereof, be entered with the registrar of the county court within whose jurisdiction the wife is resident;-38 and that it shall be lawful for the husband, and any creditor or other person claiming under him to apply to the court, or to the magistrate or justices by whom such order was made, for the discharge thereof [amended by 27 & 28 Vict. c. 44]:-Provided also, that if the husband, or any creditor of or person claiming under the husband, shall seize or continue to hold any property of the wife after notice of any such order, he shall be liable, at the suit of the wife (which she is hereby empowered to bring) to restore the specific property, and also for a sum equal to double the value of the property so seized or held after such notice as aforesaid :-if any such order of protection be made, the wife shall, during the continuance thereof, be and be deemed to have been, during such desertion of her, in the like position in all respects, with regard to property and contracts and suing and being sued, as she would be under this act if she obtained a decree of judicial separation." 39 sons dealing with the wife in reliance thereon, to be conclusive as to the time when the desertion commenced. By sect. 10, persons and corporations are indemnified in making payments under orders afterwards reversed. 38 The order is recommended to be made in duplicate, one copy being handed to the registrar, and the other kept by the wife; but there is no provision for registering the discharge order. 39 By sect. 16, "a sentence of judicial separation (which shall have the effect of a divorce à menså et thoro under the existing law, and such other legal effect as herein mentioned) may be obtained either by the husband or wife, on the ground of adultery or cruelty, or desertion without cause for two years and upwards;" to be made by petition to the court (s. 17); and the decree may be again reversed by the court (s. 18). Sects. 25 and 26 contain provisions applicable to cases of a judicial separation; sect. 25 provides, that "the wife shall, from the date of the sentence, and whilst the separation shall continue, be considered as a feme sole with respect to property of every description which she may acquire or which may come to or devolve upon her; and such property may be disposed of by her in all respects as a feme sole, and on her decease the same shall, in case she shall die intestate, go as the same would have gone if her husband had been then dead; provided, that if any such wife should again cohabit with her husband, all such property as she may be entitled to when such cohabitation shall take place shall be held to her separate use, subject, however, to any agreement in writing made between herself and her hus band whilst separate." Sect. 26 provides, that separated, be considered as a feme sole for the purposes of contract, and "the wife shall, whilst so wrongs and injuries, and suing and being sued in any civil proceeding: and her husband shall not be liable in respect of any engagement or con tract she may have entered into, or for any wrongful act or omission by her, or for any costs she may incur as plaintiff or defendant; provided that where upon any such judicial separation alimony has been decreed or ordered to be paid to the wife, and the same shall not be duly paid by the Discharge of Order.] By 27 & 28 Vict. c. 44, "where under the 27 & 28 Vict. provisions of sect. 21 of the said act [20 & 21 Vict. c. 85] a wife c. 44. deserted by her husband shall have obtained or shall hereafter obtain an order protecting her earnings and property from a police magistrate, or justices in petty sessions, or the court for divorce and matrimonial causes, as the case may be, the husband and any creditor or other person claiming under him may apply to the court or to the magistrate or justices by whom such order was made for the discharge thereof as by the said act authorized;--and in case the said order shall have been made by a police magistrate and the said magistrate shall have died or been removed, or have become incapable of acting, then in every such case the husband or creditor, or such other person as aforesaid, may apply to the magistrate for the time being acting as the successor or in the place of the magistrate who made the order of protection, for the discharge of it, who shall have authority to make an order discharging the same;—and an order for discharge of an order for protection may be applied for to and be granted by the court, although the order for protection was not made by the court,—and an order for protection made at one petty sessions may be discharged by the justices of any later petty sessions, or by the court." Forms.] Application, Order, and Discharge of Order, Oke's 'Formulist," 6th ed. pp. 757-759. Order for Separation upon Conviction for an Aggravated Assault.] The 4th section of the 41 Vict. c. 19 ("The Matrimonial Causes Act, 1878"), gives a power to justices upon the hearing of a charge against a man of an aggravated assault upon his wife, when he is of opinion that the future safety of the wife is in peril, to order that she shall be no longer bound to cohabit with him. The 4th section is as follows: "If a husband shall be convicted summarily or otherwise of an aggravated assault within the meaning of the statute twenty-fourth and twenty-fifth Victoria, chapter one hundred, section forty-three, upon his wife, the court or magistrate before whom he shall be so convicted may, if satisfied that the future safety of the wife is in peril, order that the wife shall be no longer bound to cohabit with her husband; and such order shall have the force and effect in all husband, he shall be liable for necessaries supplied for her use; provided also, that nothing shall prevent the wife from joining, at any time during such separation, in the exercise of any joint power given to herself and her husband," [and she may make a valid will of property acquired since the desertion: In the goods of Betty Farraday, deceased, 25 J. P. 808]. The order of protection is not retrospective as to entitle the woman to sue on a breach before its date (Midland Railway Company v. Pye, 4 Law T., N. S. 510). 27 & 28 Vict. respects of a decree of judicial separation on the ground of cruelty; c. 44. and such order may further provide, 28 & 29 Vict. c. 125. "1. That the husband shall pay to his wife such weekly sum as the court or magistrate may consider to be in accordance with his means, and with any means which the wife may have for her support, and the payment of any sum of money so ordered shall be enforceable and enforced against the husband in the same manner as the payment of money is enforced under an order of affiliation; and the court or magistrate by whom any such order for payment of money shall be made shall have power from time to time to vary the same on the application of either the husband or the wife, upon proof that the means of the husband or wife have been altered in amount since the original order or any subsequent order varying it shall have been made; "2. That the legal custody of any children of the marriage under the age of ten years shall, in the discretion of the court or magistrate, be given to the wife: "Provided always, that no order for payment of money by the husband, or for the custody of children by the wife, shall be made in favour of a wife who shall be proved to have committed adultery, unless such adultery has been condoned; and that any order for payment of money or for the custody of children may be discharged by the court or magistrate by whom such order was made upon proof that the wife has since the making thereof been guilty of adultery; and provided also, that all orders made under this section shall be subject to appeal to the Probate and Admiralty Division of the High Court of Justice." [Form of Order, Oke's “Formulist,” 6th ed., title "Assault," No. 3, p. 99.] DOCKYARD PORTS REGULATION. Recovery of Expenses of unmooring Vessels, &c.] By "The Dockyard Ports Regulation Act, 1865" (28 & 29 Vict. c. 125), s. 11, if the master of a vessel within a dockyard port does not moor, anchor, place, unmoor or remove the same according to the directions given by the Queen's harbour master, in conformity with any order in council, the harbour master may cause the vessel to be moored, &c. ;-and all expenses attending the exercise of these powers are to be paid by the master of the vessel;—and (by s. 17) are to be recovered by summary proceedings before a justice like penalties, for which see title "Dockyard Ports Regulation," Vol. I. pp. 396— 398. Recovery of Expenses of Removal of Wreck and unserviceable Vessels.] By sect. 13, the Queen's harbour master may remove any wreck or other thing being an obstruction, and any floating timber, c. 125. and (by s. 14) any vessel laid by or neglected as unfit for sea service. 28 & 29 Vict. The expenses incurred in the removal are to be repaid by the owner; and the harbour master may detain and sell the wreck, &c., and out of the proceeds pay those expenses, rendering any overplus to the owner;—and any deficiency may be recovered from the owner (s. 15), as mentioned supra. Recovery of Expenses by Owner from Master, &c.] By sect. 16, if the owner of any vessel or thing is in any case compelled to pay any penalty, expenses, sum of money, or costs, by reason of any act or omission of the master of a vessel or other person, he shall be entitled to recover the amount paid by him, with costs, from the person who actually committed the offence or did the wrongful act in respect whereof the owner was compelled to make such payment. [Recovered as supra.] DOGS. I. Injuries to Cattle and Sheep by Dogs, infra. I. Injuries to Cattle and Sheep by Dogs. See 28 & 29 Vict. c. 60, in tit. "Cattle and Sheep," ante, p. 1343. 28 & 29 Vict. II. Further Protection against Dogs. c. 60. "The Dogs Act, 1871" (34 & 35 Vict. c. 56), "An Act to provide 34 & 35 Vict. further Protection against Dogs" (passed 24th July, 1871), contains c. 56. the following provisions: Stray Dogs may be detained and sold or destroyed by Police.] Sect. 1. "From and after the passing of this act any police officer or constable may take possession of any dog that he has reason to suppose to be savage or dangerous straying on any highway [which by 8. 5 'includes any street or any place of public resort']", and not under the control of any person, and may detain such dog until the owner has claimed the same, and paid all expenses incurred by reason of such detention. Where the owner of any dog taken possession of by any constable is known, a letter, stating the fact of such dog having been taken possession of, shall be sent by post or otherwise to the owner at his usual or last known place of abode. When any dog taken in pursuance of this act has been detained for three clear days where the owner is not known as aforesaid, or for five clear days where he is so known, without the owner claiming the same, and paying all expenses incurred by its detention, the chief officer of police of the district 40 in which such dog was found may 40 Definition of" Police District" and "Chief Officer of Police."] By sect. 5 (inter alia), the expression "police district" means, in Eng c. 56. 34 & 35 Vict. cause such dog to be sold or destroyed. Any monies arising from the sale of any dogs in pursuance of this section shall be paid to the account of the local rate, 41 and be applied to the purposes to which that rate is applicable. All dogs detained under this section shall be properly fed and maintained at the expense of the local rate. Dangerous Dogs may be destroyed by Order of Justices.] Sect. 2. "Any court of summary jurisdiction 42 may take cognizance of a complaint that a dog is dangerous, and not kept under proper control,--and if it appears to the court having cognizance of such complaint that such dog is dangerous, the court may make an order in a summary way directing the dog to be kept by the owner under proper control or destroyed,-and any person failing to comply with such order shall be liable to a penalty not exceeding twenty shillings for every day during which he fails to comply with such order." [Recovered as Offence 1, tit. “Dogs,” Vol. I. p. 398.] The discretion conferred by the word "or" in the foregoing section, is, in the justices, and not in the owner. Pickering v. Marsh, 38 J. P. 678. Restriction upon Dogs being at large if Danger from Mad Dogs is apprehended.] Sect. 3. "The local authority 43 may, if a mad dog or a dog suspected of being mad is found within their jurisdiction, land: "1. The city of London and the liberties thereof; 2. The metropolitan police district; 3. Any county, riding, part, division or liberty of a county, borough, city, town, place or union, or combination of places maintaining a separate police force; and all the police under one chief constable shall be deemed to constitute one force for the purposes of this definition : "—and the expression "chief officer of police' "1. In the city of London and the liberties thereof, the commissioner of city police; 2. In the metropolitan police district, the commissioner of police of the metropolis; 3. Elsewhere, the chief constable, or head constable, or other officer, by whatever name called, having the chief command of the police in the police district in reference to which such expression occurs: Any act or thing by this act authorized to be done by the chief officer of police may be done by any person authorized by him in that behalf." 41" Definition of Local Rate."] The "local rate," as appears by the schedule, is "the rate applicable to maintenance of police." 42 Definition of "Court of Summary Jurisdiction." By sect. 5 (inter alia), this term means in England, "any two justices of the peace or any metropolitan stipendiary or other magistrate empowered by law to do alone or with others any act authorized to be done by more than one justice of the peace." 43 The "local authority" is defined by the schedule, viz.:-City of London and the liberties thereof, the commissioner of city police;--metropolitan police district, the commissioner of police for the metropolis;-any borough subject to the Municipal Corporations Act, 5 & 6 Will. 4. c. 76, the mayor, aldermen and burgesses acting by the town council:-any district (no portion of which is included in a borough) for the time being subject to the jurisdiction of any commissioners, trustees or other persons intrusted by any local act, not being a turnpike act or a highway act, with powers of improving, cleansing, or paving any part of such district, the commissioners, trustees or other body of persons so intrusted;-places |
