22. Nothing is this Act shall affect any actions now Saving clause. pending. 23. "The Married Women's Act," being Chapter 95 of the Repeal. Revised Statutes of Manitoba, is hereby repealed. to. 24. This act shall come into force on the day it is assented Commence ment. Short title. Married wo man may ap for an order, band's convic sistent cruelty, etc. CHAPTER 28. An Act respecting the Protection of Married HE [Assented to July 5th, 1900.] ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Manitoba, enacts as follows: 1. This Act may be cited as "The Summary Jurisdiction (Married Women) Act, 1900." 2. Any married woman whose husband shall have been ply to County convicted of an assault upon her within the meaning of Court Judge the Criminal Code of Canada, or whose husband shall have in case of hus- deserted her, or whose husband shall have been guilty of tion for per- persistent cruelty to her or habitual drunkenness or wilful neglect to provide reasonable maintenance for her or her infant children whom he is legally liable to maintain, and shall by such cruelty, habitual drunkenness or neglect have caused her to leave and live separately and apart from him, may from time to time apply to any County Court Judge within the Judicial District in which any such conviction has taken place, or in which the cause of complaint shall have wholly or partially arisen, for an order or orders under this Act. Scope of order. 3. The Court to which any application under this Act is made may make an order or orders containing all or any of the provisions following, viz.: (a) A provision that the applicant be no longer bound to cohabit with her husband. (b) A provision that the legal custody of any children of the marriage between the applicant and her husband, while under the age of sixteen years, be committed to the applicant. c) A provision that the husband shall pay to the applicant, personally, or for her use to any third person on her behalf, such weekly or monthly sum as the Court shall, having regard to the means both of the husband and wife, consider reasonable. (d) A provision for payment by the applicant or the husband, or both of them, of the costs of the Court and such reasonable costs of either of the parties as the Court may think fit. (e) A provision forbidding the husband to enter upon any premises where the applicant may be living apart from her husband, and in case such provision is made in any such order it shall not thereafter be lawful for the husband to enter upon any such premises. made when 4. No orders shall be made under this Act on the applica- No order to be tion of a married woman if it shall be proved that such wife guilty of married woman has committed an act of adultery, provided adultery. that the husband has not condoned or connived at, or by his wilful misconduct conduced to, such act of adultery. may vary or order on fresh 5. Any County Court Judge acting within the Judicial C. C. Judge District in which any order under this Act has been made discharge may, on application of the married woman or of her husband, evidence. and upon cause being shown upon fresh evidence to the satisfaction of the Court at any time, alter, vary or discharge any such order, and may upon any such application from time to time increase or diminish the amount of any weekly or monthly payment ordered to be made. If any married woman upon whose application an order shall be made under this Act shall voluntarily resume cohabitation with her husband, or shall commit an act of adultery, such order shall upon proof thereof be discharged. making appli 6. All applications under this Act shall be made by sum- Manner of mons to be issued by a County Court Judge before whom the cation. application is made and shall be returnable at or before him or before any County Court Judge having jurisdiction within the Judicial District wherein the conviction has taken place, or in which the cause of complaint shall have wholly or partially arisen. (a) The proceedings upon all such applications shall, as nearly as may be, be the same as those prescribed by Part 58 of "The Criminal Code, 1892" and any amendments thereof already made or that may be hereafter made, and there shall be an appeal from any order made upon such an application to a single Judge of the Court of the Queen's Bench, whose decision thereon shall be final. (b) The practice and procedure in such an appeal shall, as nearly as may be, be the same as in the case of an appeal Penalty for refusing or obey order. under "The County Courts Act" and amendments, to a single Judge of said Court, who shall have full discretion to vary, reverse, or affirm any such order and over the costs of all the proceedings. 7. If the husband shall neglect or refuse to make the payneglecting to ment of any sum of money directed to be paid by any order under this Act, the Judge, if he thinks fit, on the application of the married woman or of the third person on her behalf to whom such payınent may be made, may order the husband to be committed to a common gaol for any period not exceeding forty days, with or without hard labor, and such husband shall then be imprisoned in accordance with such order. Liability of father to main children. 8. Every father shall be legally liable to support, maintain tain his infant and educate his infant children, or the infant children of his wife, up to the age of sixteen years, but this shall not be deemed to imply that fathers are not so liable at common law. Commencement. 9. This Act shall come into force on the day it is assented to. CHAPTER 29. An Act to enable the Government of Manitoba to Guarantee the Interest on Certain Debentures to be issued by the Corporation of the Town of Morris. [Assented to July 5th, 1900.] THEREAS the Corporation of the Town of Morris has Preamble. received authority to settle its outstanding indebtedness and to issue debentures to the extent of twenty thousand dollars ($20,000) payable in twenty years, with interest at the rate of four per cent. per annum, and whereas the Government of the Province of Manitoba has agreed to guarantee the payment of the interest on the said debentures; THEREFORE Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Manitoba, enacts as follows: guarantee of 1. The Government of Manitoba is hereby authorized and Government empowered to become liable to the holders of the said deben- interest on tures of the said corporation of the Town of Morris, to be debentures. issued pursuant to chapter 23 of 62 and 63 Victoria, as amended at the present session of this Legislature, for the sum of twenty thousand dollars, bearing date the first day of May, A.D). 1900, with interest at the rate of four per cent. (4% per annum, for the interest thereon at the said rate in case it is not paid by the corporation of the Town of Morris. The Provincial Treasurer is hereby authorized to pay such interest as it falls due from time to time in case of default in payment by the said town; such payments made by the Provincial Treasurer shall constitute a debt from the said corporation of the Town of Morris to Her Majesty. thereon. 2. The said debentures shall have the following statement Indorsement indorsed thereon: "The Province of Manitoba hereby guaran |