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24 & 25 Vict.

c. 110.

25 Geo. 2, c. 36.

52 Geo. 3, c. 155.

57 Geo. 3, c. 93.

DEALERS IN OLD METALS.

As to the issue of a search warrant for suspected articles, and as to the registration of dealers with the police, and the authority of the police to visit places of business of registered dealers, see the provisions of the 24 & 25 Vict. c. 110, in Notes 115, 116, Vol. I. pp. 388-392, and the necessary Forms, Oke's "Formulist," 6th ed. pp. 146, 150.

DISEASES PREVENTION. See tit. "Contagious Diseases at Naval and Military Stations," ante, p. 1359, and tits. "Public Health,” and "Sheep and Cattle," post.

DISORDERLY HOUSES.

Two justices (usually those attending the quarter sessions) are to ascertain the amount of the costs incurred in prosecuting a keeper of a disorderly house (25 Geo. 2, c. 36, s. 5), and grant a certificate thereof. [Form, Oke's "Formulist," 6th ed. p. 757.]

DISSENTERS.

Preachers to take the oaths and subscribe the declarations before preaching, or when thereunto required by a justice (52 Geo. 3. c. 155, ss. 5, 7), and justices to give a certificate thereof. [Form, p. 757, Oke's "Formulist," 6th ed.] Fee for certificate, 2s. 6d. (s. 8). As to the registration of buildings, see 15 & 16 Vict. c. 36, and 18 & 19 Vict. c. 81; and see also this title, Vol. I. p. 394.

DISTRESS.

Costs of Distress.] Where a distress is made for arrears of rent, [or for land tax, assessed taxes, poor's rates, church rates, tithes, highway rates, sewer rates, or any other rates, taxes, impositions or assessments whatsoever, 7 & 8 Geo. 4, c. 17] not exceeding £20, no greater charges than the following are to be taken in respect of the same (57 Geo. 3, c. 93, s. 1):

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Man in possession, per day

Appraisement, whether by one broker or more,

6d. in the pound on the value of the goods.

£ s. d.

0 30

0 26

All expenses of advertisements, if any such . 0 10 0
Catalogues, sale and commission, and delivery

of goods, 18. in the pound on the net produce
of the sale.

These charges ought to be adopted in distresses for penalties on conviction, or sums ordered by a justice on complaint for wages, &c.; but there is no enactment on this subject. Vide penalties for taking more, tit. "Distress," Vol. I., Offences 3, 4, p.

396.

DIVORCE.

c. 85.

Order to protect Wife's Earnings and Property.] By 20 & 21 Vict. 20 & 21 Vict. c. 85, "An Act to amend the Law relating to Divorce and Matrimonial Causes in England, s. 21, it is enacted,-"A wife deserted by her husband may at any time after such desertion, 34 if resident within the metropolitan district, apply 35 to a police magistrate,-36 or if resident in the country, to justices in petty sessions, or in either case to the court, [or to the judge ordinary, 21 & 22 Vict. c. 108, s. 6]-for an order to protect any money or property she may acquire by her own lawful industry, and property which she may become possessed of, after such desertion, against her husband or his creditors, or any person claiming under him, and such magistrate or justices or court [or judge ordinary], if satisfied of the fact of such desertion, and that the same was without reasonable cause, and that the wife is maintaining herself by her own industry or property, may make and give to the wife an order [which shall state the time at which the desertion in consequence whereof the order is made commenced,' 21 & 22 Vict. c. 108, 5.9] protecting her earnings and property acquired [and property vested in the wife as executrix, administratrix or trustee, 21 & 22 Vict. c. 108, s. 7] since the commencement [and property to which the wife is entitled for an estate in remainder or reversion at the date, Id. s. 8] of such desertion, 37 from her husband and all

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34 As to what is "desertion," see Cargill v. Cargill, 27 L. J. (N. S.) Div. & M. 69; Cudlipp v. Cudlipp, 27 L. J. (N. S.) Div. & M. 64; Ward v. Ward, 27 L. J. (N. S.) Div. & M. 63; Thompson v. Thompson, 27 L. J. (N. S.) Div. & M. 65.

35 The application had better be a written one, and substantiated on oath [Form, No. 1, p. 755, Oke's "Formulist," 6th ed.], and it is recommended, when convenient, that notice be given to the husband of the intended application.

36 The City of London, not being within the metropolitan [police] district, nor the city justices police magistrates, they have no jurisdiction under this enactment. The court being in the city, application will be made there.

37 In the case of Ex parte Mullineux (27 L. J. (N. S.) Prob. & M. 19; 30 Law T. 352), the judge ordinary said, where the motion was for an order to protect certain property specified in the application of the wife"upon the facts stated by Mrs. M. in her affidavit, she is entitled to an order for the protection of the property she has acquired since the desertion. I cannot, however, give an order to protect any specific property. The order must be in general terms, leaving open the question of title to the specified property.' By 21 & 22 Vict. c. 108, s. 8, the order shall, until reversed or discharged, so far as necessary for the protection of any person or corporation who shall deal with the wife, be deemed valid and effectual; and no discharge, variation, or reversal of such order is to prejudice or affect any rights or remedies which any person would have had in case the same had not been so reversed, varied or discharged in respect of any debts, contracts or acts of the wife incurred, entered into or done between the times of the making such order and of the discharge, variation or reversal thereof. By sect. 9, the order is, as regards all per

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20 & 21 Vict. creditors and persons claiming under him,-and such earnings c. 85. 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 mensâ 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 husband whilst separate." Sect. 26 provides, that "the wife shall, whilst so separated, be considered as a feme sole for the purposes of contract, and 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 contract 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).

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27 & 28 Vict. respects of a decree of judicial separation on the ground of cruelty; 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,

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