Bill 45 (Legislature 15, Session 1)

L15 S1 1624

Alberta — Bills

- No. 45 1st Session, 15th Legislature, Alberta 12 Elizabeth II BILL 45 A Bill to amend The Domestic Relations Act HON. MR. MANNING Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, AlbeTIta, 1964

Explanatory Note I. This Bill amends The Domestic Relations Act (c. 89 of the Revised Statutes) to alter the procedure on applications under

Part IV for maintenance orders. It has been judicially held that because of the wording of sections 27 (2) and 31 (1) the pro ceedings are to be conducted in the same manner as

summary conviction proceedings and the husband is required to plead "guilty" or "not guilty". The amendments in this Bill will enable a more suitable procedure to be followed.

BILL No. 45 .of 1964

An Act to amend The DDmestic RelatiDns Act (Assented to , 1964) HER MAJESTY, by and. with the advice and CDnsent .of the Legislative Assembly .of the PrDvince .of Alberta, enacts as fDllDWS: 1. The Domestic Relations Act is hereby amended. 2. SectiDn 27 is amended (

a) by striking .out subsection (2) and by substituting the fonowing: (la) A married woman deserted by her husband may apply in person and by a supporting affidavit setting fDrth facts material to her application to a justice of the peace who, on being satisfied that her husband has neglected or refused without suf ficient cause tD provide reasonable maintenance for his wife or his wife and children, and has deserted her, may summons the husband tD appear hefDre a magistra teo (lb) Upon the husband appearing before the magistrate, the magistrate shall advise the hus band .of the contents of the supporting affidavit and shall ask the husband whether Dr not he accepts liability fDr the maintenance .of his wife Dr his wife and ohildren, as the case may be, accDrding to the application.

(2) If the husband admits liability, .or if the husband denies liability and the magistrate after due hearing finds the husband does have liability, the magistrate may .order that the husband pay tD the applicant personally, or for her use tD a third pers.on on her behalf and named in the .order, such weekly, semi-mDnthly, Dr monthly sum fDr the maintenance of his wife Dr his wife and children, as the magistrate considers reasDnable having re gard tD the means .of both the husband and wife. (

b) as to subsections (2a), (2b) and (2c) by striking .out the word and figure "subsecti.on (2)" and by substituting the wDrd and figure "subsectiDn (la) ".

-t. Commencement of Act. 2

3. Sec,tion 31 is amended by striking out subsection (1) and by substituting the following: 31.

(1) Except as is otherwise provided by this or any other A,ct, and except where contrary to the intent of this Part, the provisions of

Part XXIII and

Part XXIV of the Criminal Code apply to proceedings under this Part. 4. This Act comes into force on the day upon which it is ass'ented to. 2

No. 45 FIRST SESSION FIFTEENTH LEGISLATURE 12 ELIZABETH II 19'64 BILL

An Act to amend The Domestic Relations Act Received and read the First time ....................................... . Second time ................ , .................... . Third time .................. , .................... . HON. MR. MANNING Title: 1964 (15th, 1st) Bill 45,

An Act to amend The Domestic Relations Act

Document details

Collection	Alberta — Bills
Citation	L15 S1 1624
Type	bill
Volume / chapter	L15 S1 1624
Language	en
Format	json
Source	PROVINCIAL
Identifier	4a2b807076e1f777846f8ec2d9ec471dcf7c4bdf

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