β¨ Legislation Content
May 21.] THE NEW ZEALAND GAZETTE. 1687
His Majesty with one or two sureties to be approved by the Court in
a sum not exceeding two hundred pounds conditioned for due
obedience to the maintenance order.
(3.) When such security has been required, the Court may
commit the defendant to prison until the order requiring security has
been complied with, but no person shall be so detained in custody for
a longer period than six months.
(4.) All moneys so paid into Court or recovered by suit or other-
wise under any such bond shall be available, under the direction of
the Court, for the satisfaction of all claims under the maintenance
order.
(5.) The Court may, on being satisfied that the security is no
longer required, order any amount so paid into Court to be repaid to
the defendant, or cancel any bond so given.
-
No agreement shall be effective so as to take away or restrict
any liability imposed on any person by this Order to contribute to
the maintenance of any other person, or effect the operation of any
maintenance order or the right of the High Court to make any such
order. -
(1.) Every maintenance order shall be an order for the
periodical payment, at such times and in such manner as the Court
thinks fit, of such sum of money as the Court thinks reasonable.
(2.) No such payment shall, except where otherwise expressly
provided, exceed the sum of twenty shillings per week, and the in-
tervals between the successive payments shall not exceed twenty-eight
days.
(3.) When any such order is made in respect of the maintenance
of a child the order shall cease to be in force so soon as that child
attains the age of twelve years.
- Any maintenance order may require the defendant, in
addition to making such periodical payments as aforesaid, to pay
such sum as the Court thinks reasonable, not exceeding fifty pounds,
on account of the past maintenance, previous to the making of the
order of the person in respect of whose maintenance the order is made.
Offences.
- (1.) Every person against whom a maintenance order has
been made and who, while any moneys payable under the order are in
arrear and unpaid, leaves or attempts to leave Samoa without the
permission in writing of a Judge of the High Court shall be guilty
of an offence punishable by imprisonment for any term not exceeding
two years.
(2.) In any prosecution under this clause the burden of proving
that the permission of a Judge was so given shall be upon the accused.
- (1.) Every person against whom an affiliation order is made
prior to the birth of the child, and who leaves or attempts to leave
Samoa without the permission in writing of a Judge of the High
Court at any time within twelve months after the making of the
order, shall be guilty of an offence punishable by imprisonment for
any term not exceeding two years.
(2.) In any prosecution under this clause the burden of proving
that the permission of a Judge was so given shall be upon the accused.
-
Every person against whom a maintenance order has been
made, and who at any time thereafter leaves or attempts to leave
Samoa with intent to make default in obeying that order, shall be
guilty of an offence punishable by imprisonment for any term not
exceeding two years. -
(1.) Every person who without reasonable cause fails to
provide his wife with adequate maintenance, and who at any time
while failing so to do leaves or attempts to leave Samoa without the
permission in writing of a Judge of the High Court, shall be guilty
of an offence punishable by imprisonment for any term not exceeding
two years.
(2.) In any prosecution under this clause the burden of proving
that the permission of a Judge was so obtained shall be upon the
accused.
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1920, No 51
NZLII —
NZ Gazette 1920, No 51
β¨ LLM interpretation of page content
π
Samoa Maintenance and Affiliation Order, 1920
(continued from previous page)
π External Affairs & Territories1 April 1920
Legislation, Order in Council, Maintenance, Affiliation, Samoa, High Court