✨ 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.

  1. 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.

  2. (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.

  1. 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. (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. (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.

  1. 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.

  2. (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.



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1920, No 51


NZLII PDF NZ Gazette 1920, No 51





✨ LLM interpretation of page content

🌏 Samoa Maintenance and Affiliation Order, 1920 (continued from previous page)

🌏 External Affairs & Territories
1 April 1920
Legislation, Order in Council, Maintenance, Affiliation, Samoa, High Court