Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part V. Imperial control over Dominion administration and legislation

Collection:: Economics Books

CHAP. 1X] DIVORCE AND STATUS 1241 case of adultery by his wife ; by s. 13 any husband who has been domiciled in New South Wales for three years can obtain divorce on certain grounds similar to those mentioned in the case of the Victorian Act of 1889. In this case the distinction might be between any husband domiciled and any husband domiciled for three years, though there is reason to think, and the head-notes to the sections adopt the view, that the term ‘ any husband ’ is meant to cover any and every case. But the reading of ss. 14-16 is decisive ; for the distinction there is between any wife, and any wife whose husband is domiciled in New South Wales, and any wife domiciled in the Colony at the institution of the suit for three years, always provided that she did not resort thither to obtain a divorce. It is also provided that no wife who was domiciled in the Colony when the desertion com- menced shall be deemed to have lost her domicile by reason of her husband having obtained a foreign domicile since he deserted her. In the case of New Zealand divorce jurisdiction is given in case of domicile for two years, with the usual saving of a married woman whose domicile is changed by her husband’s action after desertion, but in addition any wife may claim under s. 23 of the Act No. 18 of 1904 on certain grounds, and it is again doubtful whether the term is to mean any wife domiciled, or any wife whatever. Another provision in that Act may be mentioned as having in effect introduced divorce by consent into New Zealand ; the law, as amended in 1898, allowed the failure to obey an order for the restitu- tion of conjugal rights to serve as the basis of a divorce for desertion ; accordingly, by collusion two parties could bring about the granting of a suit for restitution, and they then could proceed to petition on the grounds of desertion ; this led in 1907 to the passing of an amending Act (No. 78) to remove the difficulty, which was felt to be very undesirable.! [n Papua an Ordinance of 1910 regulates divorce ; it follows the lines of the Imperial Act of 1857, and it would no doubt * See New Zealand Parliamentary Debates, 1907, cxlii. 845 seq., 926 seq., 968 seq. The same abuse is possible under New South Wales Act No. 14 of 1899, s, 11.

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