A DIVORCE PROBLEM

Dominion, Volume 16, Issue 35, 4 November 1922, Page 5

A DIVORCE PROBLEM

1 SEPARATION ORDER MADE IN ENGLAND NOT GROUND FOR DECREE HERE The question whether, under section 4 of the Divorce and Matrimonial Causes Act, 1920, which states that the Supreme Court, in divorce, may consider a separation order made by a stipendiary Magistrate or a resident Magistrate, including a Magistrate in England,' as a ground for divorce, or whether this referred solely to such orders made under the Destitute Persons Act, 1910, ,by Magistrates in New Zealand, was decided in a judgment of His Honour the Chief Jus- ’ tice in the Court of Appeal in a case .removed thither for that purpose, entered yesterday. “When our Acts are dealing with such matters as Court orders, said th© judgment of His Honour, “we must assume that they aro dealing with the New Zealand Courts and events happenifig in Ney Zealand. _ . It is not to be assumed that the legislature in legislating is dealing with events outside Now Zealand. There is nothing in the statute to show that the legislature was dealing with' events in England, or with orders made _m England. The order in the case did not come within' the very woijcls of our Act, for it was refused "by a police Magistrate. Tho question must be answered in the negative.” The judgment of Their Honours Salmond and Adams concurred with the foregoing, and the judgments of Their Honours Justices Hosking and Stringer w'ere not delivered. •