ed. Persons deserting CAP. XXXIX. (Assented to 25th April 1891.) BARBADOS. An Act to consolidate and amend the Acts of this Island relating to married women. Band Assembly of this Island, and by E it enacted by the Governor, Council, the authority of the same, as follows: 1. This Act may be cited as "The Married Woman's Act, 1891." Desertion of wives, and protection of property during desertion. 2. If any person shall desert and leave their wives or child. his wife or any child whom such person is ren to be imprison- bound by law to maintain, so that such wife or child shall become destitute, it shall be lawful for the police magistrate of the parish in which such wife or child may be residing, on complaint by the churchwarden of the parish, to issue his warrant to apprehend and bring before him such person so charged, and on proof being made of such charge to commit such person to prison, there to be kept to hard labour for any time not exceed ing two months: provided always, that no person who has been proceeded against and punished under this section shall be considered as absolved in future from liability to maintain such wife or child, or from being again punished under this section for a similar desertion of such wife or child. Wife may summon husband for desertion. 3. It shall be lawful for married woany man, who shall have been deserted by her husband, to summon her husband before the magistrate of the district in which he resides, and thereupon such magistrate, if satisfied that the husband, being able wholly or in part to maintain his wife, or his wife and family, has wilfully refused or neglected so to do, and has deserted his wife, may order; (1) That the husband shall pay to his wife such weekly sum not exceeding two pounds as the magistrate may consider to be in accordance with his means and with any means the wife may have for her support and the support of her family, and the payment of any sum so ordered shall be enforceable and enforced against the husband in a summary manner; and the said magistrate by whom any such order for payment shall be made, or any other magistrate sitting in his stead, 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. &c. Alimony. (2.) Provided always, that no order for No order to be payment of any such sum by the husband made if wife has shall be made in favour of a wife who shall committed adultery be proved to have committed adultery, unless such adultery has been condoned, and that any order for payment of any such sum may be discharged by the magistrate by whom such order was made, or any other magistrate sitting in his stead, upon proof that the wife has since the making thereof been guilty of adultery. Summons, how (3.) A summons under this section shall be applied for and granted and served in the obtained and served. same manner as summonses are now applied for, granted, and served in cases of assault Act to extend to cases of wilful fusal or neglect maintain. or in such other manner as the said magistrate shall direct. Provided always, that in such case the said magistrate, or any other magistrate sitting in his stead, may re-hear any such summons at the instance of the husband at any time, and confirm, discharge, or vary any previous order thereon as he may think fit. (4.) This section shall also apply to cases re- where the husband has wilfully refused or to neglected to maintain his wife, or his wife and family, although she or they may be residing with him. Wife deserted by 4. Every wife deserted by her husband the police magistrate of the parish in may at any time after such desertion apply her husband may to apply to Police tection. Magistrate for pro- which such wife resides, for an order to protect any money or property she may acquire by her own lawful industry, and property which she might become possessed of after such desertion, against her husband or his creditors, or any person claiming under him; and such magistrate 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 and property, may make and give to the wife an order protecting her earnings and property acquired since the commencement of such desertion from her husband and all 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 shall immediately be entered in the order book of his office, a copy of which order under the hand of such police magistrate shall be furnished such wife within four days of his making the same. after notice of order. 5. If the husband, or any creditor of, or Penalty for seizperson claiming under, the husband shall ing wife's property seize or continue to hold any property of the wife after notice of any such order, he shall be liable, on complaint of the wife (which she is hereby empowered to make) before any police magistrate, to restore the specific property or the value thereof, and also for a sum equal to double the value of the property so seized or held after such notice as aforesaid to be recovered in a summary manner. 6. If any such order of protection be Wife during conmade, the wife shall during the continuance tinuance of order thereof be and be deemed to have been to be deemed feme during such desertion of her, in the like po- sole. sition in all respects with regard to property and contracts, and suing and being sued, as if she were a feme sole. Discharge of or 7. It shall be lawful for the husband, and any creditor or other person claiming under der. him to apply to the police magistrate of the parish where such order was made for the discharge thereof, and such police magistrate shall have power and authority to entertain such application, and if he shall see sufficient cause he shall discharge the said order. 3. On the hearing of any application for the discharge of such order, it shall be lawful for the magistrate to award such costs as he may now be authorised to award in summary cases. 9. In every case in which a wife shall Order for protecunder this Act have obtained an order to tion of earnings protect her earnings or property such order &c. of wife to be shall until reversed or discharged, so far as deemed valid. necessary for the protection of any person or ed. Order to state the corporation who shall deal with the wife, be 10. Every order which shall be obtained time at which the by a wife under this Act for the protection desertion commenc- of her earnings or property, shall state the time at which the desertion in consequence whereof the order is made commenced, and the order shall as regards all persons dealing with such wife in reliance thereon, be conclusive as to the time when such desertion commenced. Indemnity to cor 11. All persons and corporations who porations, &c. mak- shall, in reliance on any such order as aforeing payments under said, make any payment to, or permit any orders afterwards reversed. transfer or act to be made or done by the wife who has obtained the same, shall, notwithstanding such order may then have been discharged, reversed or varied, or at some time since the making of the order been discontinued, be protected and indemnified in the same way in all respects as if at the time of such payment, transfer or other act, such order were valid and still subsisting without variation in full force and effect, unless at the time of such payment, transfer or other act, such persons or corporations |