1686
THE NEW ZEALAND GAZETTE.
[No. 51

(2.) No such order shall be made if the Court is satisfied that there is reasonable cause for the failure of the wife to contribute to the maintenance of her husband.

Maintenance of Parents.

14. The High Court may make a maintenance order against any person in favour of the father or mother of that person if satisfied that the father or mother, as the case may be, is a destitute person and that the defendant is of sufficient ability to contribute to the maintenance of such destitute person.

Orders.

15. Every person who disobeys a maintenance order shall be guilty of contempt of the High Court, and may be dealt with from time to time accordingly.

16. All moneys due under a maintenance order shall constitute a debt due by the defendant to the person to whom the moneys are payable in accordance with the terms of the order.

17. A maintenance order may be made in favour of any person otherwise entitled thereto although not present or resident in Samoa.

18. A maintenance or affiliation order may be made against any defendant otherwise liable although not present or resident in Samoa.

19. If the High Court is satisfied that a defendant is absent from Samoa, or that his residence is unknown, or that he cannot be found, the Court may hear and determine the application ex parte and make a maintenance order or affiliation order accordingly.

20. The dismissal of an application for a maintenance order or affiliation order shall not, unless the Court so orders, be a bar to the making of a further application in the same matter against the same defendant.

21. (1.) No money payable under a maintenance order shall, without the precedent consent of a Judge of the High Court, be paid more than one year in advance of the due date thereof.

(2.) If any money is paid in breach of this section, it shall not be taken into account in any proceedings for the enforcement of the maintenance order or for the punishment of any disobedience thereto; but no money so paid in breach of this section shall be recoverable by the person by whom it was paid.

22. (1.) The High Court may at any time make an order cancelling an affiliation order, or cancelling, varying, or suspending any maintenance order or substituting a new maintenance order therefor, on the grounds—

(a.) That the order was obtained by fraud or perjury; or

(b.) That since the making of the order new and material evidence has been discovered; or

(c.) That since the making of the order the circumstances have so changed that the order ought to be so cancelled, varied, or suspended, or that a new order ought to be substituted therefor.

(2.) The power hereby conferred to cancel or vary an order shall include the power to remit wholly or in part any arrears due under the order, and any such arrears may be remitted either on the grounds hereinbefore in this clause mentioned or, if the Court in its discretion thinks fit, on the ground that the defendant is not of sufficient ability to pay the same.

23. Any maintenance order may direct the moneys payable thereunder to be paid either to the person in whose favour the order is made or to any other person on behalf of that person.

24. (1.) Whenever a maintenance order is made the High Court may, if it thinks fit, by the same order or by order made at any later time, direct the defendant to give security for his obedience to the maintenance order.

(2.) Every such security shall, as the High Court determines, be either the payment into Court of such sum of money, not exceeding two hundred pounds, as the Court directs, or the giving of a bond to