MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ORDINANCE, 1921

MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ORDINANCE, 1921

No. 9 of 1921.

An Ordinance tb facilitate the enforcement in the Colony of
mainlenance ordeis made -In England or Northern ITeland
and vice versa.
[30th June, 1921.]

1. This Ordinance rnay be cited as the Maintenance Orders
(Facilities for Enforcement) Ordinance, 1921.

2. In this Ordinance,

(a) ' Certified.copy ' in relation to an order of court means
a copy of the order certified by the proper officer of the court to
be a true copy ;

(b) ' Dependants ' means such persons as the person
against whom the order or decree is. made is, according to the
law in force in the part of His Majesty's dominions in which
the maintenance order was made, liable to maintain

(c) ' Maintenance order ' means an order other than an
order of affiliation for the periodical, payment of sums of money
towards the maintenance of the wife or other dependants of the
person against whoin the order is made, and includes, with
reference to Northern Ireland, an order or decree for the recovery
or repayment of the cost of relief or maintenance made by virtue
of the provisions of any enactment for the tirne being in force
relating to Poor Relief.

3. Where a maintenance order has been made against any
person by any court. in England or Northern Ireland and a
certified copy of the order has been transmitted by the Secretary
of State for the Colonies to the Governor, the Governor shall send
a copy of the order to a magistrate for registration, and on receipt
thereof the order shall be registered, and shall, from the date of
such registration, be of the same force and effect and, subject
to the provisions of this Ordinance; all proceedings may be
taken on such order, as if it had been an order originally made
by a magistrate, and any magistrate shall have power to enforce
the order accordingly.

As aniended by Law Rev. Ord., 1939, Supp. Sched.





4, Where a magistrate has made a maintenance order
against any person and it is proved to a magistrate that the
person against whom the order was made is resident in England
or Northern Ireland.. the magistrate shall send to the Governor
for transmission to the Secretary of State for the Colonies a
certified copy of the order.

5.-(1) Where an application is made to a magistrate for a
maintenance order against any person and it is proved that that
person is resident in England or Northern Ireland, such magis-
trate may in the absence of that person, if after hearing the
evidence he is satisfied of,the justice of the application, make any
such order as he might have made if a summons had been duly
served on that person and that person had failed to appear at the
hearing, but in such case the order shall be provisional only and
shall have no effect unless and until confirmed by a competent
court in England or Northern Ireland.

(2) The evidence of any witness who is examined on any
such application shall be put into writing and such deposition
shall be read over to and signed by him,

(3) Where such an order is made the magistrate shall send
to the Governor for transmission to the Secretary of State for
the Colonies the depositions so taken and a certified copy of the
order, together with a statement of the grounds on which the
making of the order might have been opposed if the person
against whom the order is made had been duly served with a
summons and had appeared at the hearing, and such information
as the magistrate possesses for facilitating the identification of
that person and ascertaining his whereabouts.

(4) Where any such provisional order has come before a
competent court in England or Northern Ireland for confirnlation
and the order has by that court been remitted for the purpose of
taking further evidence, a magistrate shall proceed to tAe the
evidence in like manner and subject to the like conditions as the
evidence in support of the original applicalion.

If upon the hearing of such evidence it appears to such
magistrate that the order ought not to have been made, he may
rescind the order, but in any offier case the depositions shall be

As amended by Law Rev, Ord., 1939, Supp. Sched.





sent to the Governor and dealt with in like rranner as the original
depositions.

(5) The confirmation of an order made under this section
shall not affect any power of a magistrate 'to vary or rescind that
order: Provided that on the making of a varying or rescinding
order such magistrate shall send a certified copy thereof to
the Governor for transmission to the Secretary of State for the
Colonies, and that in the case of an order varying the original
order the order sliall not have any effect unless and until con-
firmed in like manner as the original order.

(6) The applicant shall have the same right of appeal, if
any, against a refusal to make a provisional order as he would
have had against a refusal to make the order had a summons
been duly served on the person against whom the order is sought
to be made.

6.-(1) Where a maintenance order has been made by a
court in England or Northern Ireland, and the order is provisional
only and has no effect unless and until confirmed by a magistrate
in the Colony, and a certified copy of the order together with the
depositions of witnesses and a statement of the grounds on
whicli the order rnight have been opposed has. been transmitted
'to the Governor, and it appears to the Governor that the person
against whoni the order was made is resident in the Colony, the
Governor shall send the said documents to a magistrate with a
requisition that a summons be issued calling upon the person
to show cause why that order should not be confirmed, and
upon receipt of such documents and requisition such magistrate
shall issue such a summons and cause it to be served upon
such person.

(2) A summons so issued. may be served in the same
manner as if it liad been originally issued under the provisions
of the Magistrates Ordinance, 1932.

(3) At the hearing it shall be open to the person on wliom
the suninions was served to raise any defence which he might
have raised in the original proceedings had he been a party
tliereto, but no other defence, and the certificate from the court
which made the provisional order stating the grounds on which

As amended by Law Rev. Ord., 1939, Supp. Sched.





the making of the order might have been opposed if the person
against whom the order was made had been a party to the pro-
ceedings shall be conclusive evidence that those grounds are
grounds on which objection may be taken.
(4) If at the bearing the person' served with the summons
does not appear or on appearing fails to satisfy the magistrate
that the order ought not to be confirmed, such magistrate
may confirm the order either without modification or with
such modifications as may seem just to him after hearing the
evidence.

(5) If the person against whom the summons was issued
appears at the hearing and satisfies the magistrate that for the
purpose of any defence it is necessary to remit the case to the
court which made the provisional order for the taking of any
further evidence, the magistrate may so remit the case and
adjourn the proceedings for the purpose.
(6) Where a provisional order has been confirmed under
this section, it may be varied or rescinded. in like manner as if
it had originally been made by the confirming magistrate and
where on an application for rescission or variation the magistrate
is satisfied that it is necessary to remit the case to the court
which made the order for the purpose of taking further evidence,
such magistrate may so remit the case and.adjourn the proceed-'
ings for the purpose.

(7) Where an order has been so confirmed the person
bound thereby shall have the same right of appeal, if any,
against the confirmation of the order as he would have had
against the making of the ' order had the order been an order made
by the magistrate confirming the order.

7. The Goverrior may make regulations for determining the
manner in which a case can be remitted by a court authorized
to confirm a provisional order to the court which made the
provisional order, for facilitating communications between such
courts, and generally for the purpose of regulating the procedure
under this Ordinance.

8. An order which has been registered or which has been
confirmed by a magistrate under this Ordinance shall be
enforceable-




(1) by warrant of distress; or

(2) in default of sufficient distress, by imprisonment;
(3) at the discretion of the magistrate, by imprisonment in
the first instance,
and any such imprisonment shall be in accordance with the scale
provided by section 62 of the Magistrates Ordinance, 1932.


9. Any document purporting to be signed by a judge
officer, of a court in England or Northern Ireland shall, until the
contrary is proved, be deemed to have been so signed without officers of
proof of the signature or judicial or official character of the person

appearing to. have signed it, and the officer of a court by whom
a document is signed shall, until the contrary is proved, be
deemed to have been the proper officer of the court to sign the
document.

10. Depositions taken in a court in England or Northern
Ireland for the purposes of this Ordinance shall be received in

evidence in proceedings under this Ordinance.


11. The Magistrates Ordinance, 1932, shall apply to pro-
ceedings under this Ordinance as it applies to proceedings under

that Ordinance.


12. Where the Governor is satisfied that reciprocal Ordinance to
sions have been made by the legislature of any British possession orders made
or any territory under His Majesty's protection for the enforce-

ment within such possession or territory of maintenance orders
made by courts in Hong Kong, the Governor may by pro-
clamation extend this Ordinance to such possession or territory,
and this Ordinance shall thereupon apply in respect of such
possession or territory as though the references to England or
Northern Ireland were references to such possession or territory
and the references to the Secretary of State for the Colonies were
references to the Governor of such possession or territory.

+ As amended by No. 15 of 1929 [24.9.29].
* As amended by Law Rev. Ord., 1939, Supp. Sched.
Extended to Ceylon, Straits Settlements, New South Wales, Queensland.
Western Australia, Bermuda, South Australia., Victoria, Federated
Malay States, and Territory for the Scat of Government of the
Commonwealth of Australia. : see Proclamations 1 and 2 of 1923,
2, 3, 4 and 5 of 1924, 2 and 6 of 1926, 2 of 1927 and 1 of 1929







Ne. 10 of 1921, incorporated in No. 9 of 1899.

No. 11 of 1921, repealed by No. 5 Of 1924.

No. 12 of 1921, incorporated in No. 58 of 1911,
repealed by No. 39 Of 1932.

No. 13 of 1921, repealed by No. 14 Of 1922.

No. 14 of 1921, incorporated in No. 10 of 1900.

No. 15 of 1921, repealed by No. Of 1924.

No. 16 of 1921, incorporated in No. 7 Of 1913.

No. 17 of 1921, repealed by Law Rev. 0rd,
1939, Supp. Sched.

No. 18 of 1921, incorporated in NO. 3 Of 1885.

No. 19 of 1921,incorporayed in No. 25 Of 1917,
repealed by No. 39 Of 1935.

No. 20 of 1921, incorporated in No. 10 of 1916,
repealed by No. 39
Of 1931.

No.. 21 of 1921, incorporated in No. 8 of 1921.

No. 22 of 1921, incorporated in No. 16.of 1915
.repealed by No. 3 Of 1932.

No. 23 of 1921, repealed by No. 5 Of 1924.

No. 24 of 1921, incorporated in No. 1 Of 1871.

No. 25 of 1921, repealed by No. 14 Of 1922.

No. 26 of 1921, incorporated in No. 65 of 1911.
[Originally No. of 1921. No. 15 of 1929. Law Rev. Ord., 1939.] Short title. 10 & 11 Geo. 5, c. 33, s. 13. Interpretation. 10 & 11 Geo. 5, c. 33, ss. 10, 11.* [cf. 5 & 6 Geo. 5, c. 14.] Enforcement in the Colony of maintenance orders made in England and Northern Ireland. 10 & 11 Geo. 5, c. 33, s. 1.* Transmission of maintenance orders made in the Colony. 10 & 11 Geo. 5, c. 22, s. 2.* Power to make provisional orders of maintenance against persons resident in England or Northern Ireland. 10 & 11 Geo. 5, c. 33, s. 3.* Power of magistrate to confirm provisional orders of maintenance made in England or Northern Ireland against persons resident in the Colony. 10 & 11 Geo. 5, c. 33, s. 4.* Ordinance No. 41 of 1932. Power of Governor to make regulations. 10 & 11 Geo. 5, c. 33, s. 5. Mode of enforcing orders. 10 & 11 Geo. 5, c. 33, s. 6. Ordinance No. 41 of 1932. Proof of documents signed by officers of court. 10 & 11 Geo. 5, c. 33, s. 8.* Depositions to be evidence. 10 & 11 Geo. 5, c. 33, s. 9.* Application of Ordinance No. 41 of 1932. Extension of Ordinance to orders made by courts in other British possessions, etc. 10 & 11 Geo. 5, c. 33, s. 12.*

[Originally No. of 1921. No. 15 of 1929. Law Rev. Ord., 1939.] Short title. 10 & 11 Geo. 5, c. 33, s. 13. Interpretation. 10 & 11 Geo. 5, c. 33, ss. 10, 11.* [cf. 5 & 6 Geo. 5, c. 14.] Enforcement in the Colony of maintenance orders made in England and Northern Ireland. 10 & 11 Geo. 5, c. 33, s. 1.* Transmission of maintenance orders made in the Colony. 10 & 11 Geo. 5, c. 22, s. 2.* Power to make provisional orders of maintenance against persons resident in England or Northern Ireland. 10 & 11 Geo. 5, c. 33, s. 3.* Power of magistrate to confirm provisional orders of maintenance made in England or Northern Ireland against persons resident in the Colony. 10 & 11 Geo. 5, c. 33, s. 4.* Ordinance No. 41 of 1932. Power of Governor to make regulations. 10 & 11 Geo. 5, c. 33, s. 5. Mode of enforcing orders. 10 & 11 Geo. 5, c. 33, s. 6. Ordinance No. 41 of 1932. Proof of documents signed by officers of court. 10 & 11 Geo. 5, c. 33, s. 8.* Depositions to be evidence. 10 & 11 Geo. 5, c. 33, s. 9.* Application of Ordinance No. 41 of 1932. Extension of Ordinance to orders made by courts in other British possessions, etc. 10 & 11 Geo. 5, c. 33, s. 12.*

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