Page image

A—Ba

1904. NEW ZEALAND.

"THE STATUTES COMPILATION ACT, 1902": MEMORANDUM BY THE SOLICITOR-GENERAL ON THE DIVORCE AND MATRIMONIAL CAUSES ACTS COMPILATION BILL, 1904.

Presented to both Houses of the General Assembly by Act.

MEMOEANDUM. No alteration has been made in the wording of the Acts compiled, except as follows: — "The Divorce and Matrimonial Causes Act, 1867," No. 94 :— In section 3 the words "to whom any judicial district shall have been assigned" are omitted. In section 5 the provisions for a Judge making rules in his own judicial district are omitted. In section 18 the words '' Irrespective of her right to petition under the last preceeding section hereof" are added at the beginning. In section 20 "such" is omitted in first line, and "for dissolution of marriage on the ground of adultery" inserted after "by a husband"; also "on such ground" is inserted after " dissolution of marriage." In section 48 the words " Subject to the foregoing provisions of this Act relating to costs " are added at the beginning. In section 57 the words " the Third, Fourth, Fifth, Sixth, or Seventh Parts of " are omitted ; " present reign " is altered to " reign of Her late Majesty Queen Victoria." In section 58 the reference to " felony " is omitted. In section 59 the words "the Third, Fourth, Fifth, Sixth, or Seventh Parts of" are omitted ; and " under any of the said Parts " is altered to " thereunder." " The Divorce and Matrimonial Causes Act 1867 Amendment Act, 1881," No. 48 :— The sections of the Act of 1881 do not appear as such in the compilation, effect being given thereto in the proper places. " The Divorce Act, 1898," No. 42 :— In section 3 " the coming into operation of this Act " is altered to " the first day of June, one thousand eight hundred and ninety-nine, being the date of the coming into operation of ' The Divorce Act, 1898.'" In section 11 the reference to the principal Act is altered to " this Act." In section 17 " the period of three years " is altered to " the period hereinafter fixed in the case of desertion " ; after " decree nisi " the words " if of judicial separation " are inserted; and also at end of section the words " and, if for the dissolution of marriage, shall be subject to the provisions relating thereto hereinafter contained." In addition to the foregoing alterations, the Long and Short Titles of the compilation Act take the place of the corresponding titles of the original Act ('' The Divorce and Matrimonial Causes Act, 1867 "). Moreover, a reference to the compiled Acts is made in subsection (1) of section 1; a list of these Acts is inserted as the First Schedule; and the schedule to the Act of 1898 becomes the Second Schedule of the Compilation Act.