MARRIAGE LAWS.

Poverty Bay Herald, Volume XXXIV, Issue 11125, 14 November 1907, Page 2

MARRIAGE LAWS.

MAKING DIVORCE HARDER. (From, our Parliamentary Reporter.) WELLINGTON, this day. Two Government members of the legal profession, Messrs Baume and Barclay, protested strongly against , the provisions of the Divorce Act Amendment Bill, which was read a second time m the House on the Premier's motion last night. The Bill does away with that section m the original Act, under which -failure to comply with an order for restitution of coh_ugal. rights is deemed "■ sufficient cause for granting a divorce. . Tlie Premier explained that' the far-" reaching section m the Act of 1898, which this Bill proposed to amend; had been taken advantage of m a way that had not been, anticipated or intended, and wliich was a positive scandal. Both Messrs Barclay and Baume assured the House, that their legal "experience and practice made them certain that the effect of the proposed amendment would drive people unhappily married to seek another means to obtain divorce, a means to be reprehended on moral and ethical grounds, for they would not tolerate the alternative of waiting five years to obtain a divorce on the ground of desertion. - •*. Tliere was, however, no division on tlie -second reading of . the Bill, whicli was carried on the voices, the Premier, m his reply,.. stating that a great many people had become alarmed at the state of things that had arisen, some Asserting that> the! marriage tie could be dissolved after a matter'- of seven months. . The .opposition to the Bill m Commit-tee-.was carried:- on; for. the most part by Messrs; Barclay' and .Hornsby, ' but. the voting showed the stone-wallers were m a 'lipj^less "minority, one aiaendment moved*' fey ; ' Mr-. Hornsby -'and supported by Mr Barclay, being defeated by 42 to 4 1 . Several motions to report progress were; also lost, but, Mr Wilford on one occasion almost caught the Government napping. Ministers were asleep on the benches, and:, no on© challenged the Chairman's declaration that the ayes had it, on Mr Wilford' s motion to report progress, until at the last moment Mr Witty saved the situation by calling for a division, and progress was not reported. The stonewallers ' failed, to amend tlie Bill, •but Mr Laurenson succeeded by 33 to 11 m adding a new clause giving a petitioner the right to^ seek a divorce, on the ground of lunacy, if respondent ha_. been' confined* m an asylum seven years or more,, and the lunacy is believed to be incurable. ; A new clause "moved by Mi Wilford was also added on the voices. The effect is to make it a, ground for divorce if a respondent has been convicted and sentenced to penal servitude for 'seven years for attempting the life of petitioner or the children. ', - '-,- . The Bill was reported as amended *at 2.10 a.m. ! Mr Massey suggested that, no more busi. ness, be tackled. The Premier insisted that a "certain amount must be done. ; * ; Mr Massey moved to report progress, which was lost by 27 to 16. .-. I The Co-operative Dairy Companies Bill was put through Committee, also the Post. Office Amendment Bill, and Beer Duty Amendment Bill. -. The House rose at 3 a.m.