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Summary Jurisdiction (Married Women) Act 1895

As Enacted Cited authorities 3 Cited in Amendments 5 Related
Vincent
JurisdictionUK Non-devolved
Citation1895 c. 39


Summary Jurisdiction (Married Women) Act, 1895.

(58 & 59 Vict.) CHAPTER 39.

An Act to amend the Law relating to the Summary Jurisdiction of Magistrates in reference to Married Women.

[6th July 1895]

B E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Short title.

1 Short title.

This Act may be cited for all purposes as the Summary Jurisdiction (Married Women) Act, 1895.

S-2 Application of Act.

2 Application of Act.

This Act shall not extend to Scotland or Ireland.

S-3 Commencement of Act.

3 Commencement of Act.

This Act shall come into operation on the first day of January one thousand eight hundred and ninety-six.

S-4 By and to whom orders may be applied for.

4 By and to whom orders may be applied for.

Any married woman whose husband shall have been convicted summarily of an aggravated assault upon her within the meaning of section forty-three of the Offences against the Person Act, 1861, or whose husband shall have been convicted upon indictment of an assault upon her, and sentenced to pay a fine of more than five pounds or to a term of imprisonment exceeding two mouths, or whose husband shall have deserted her, or whose husband shall have been guilty of persistent cruelty to her, or wilful neglect to provide reasonable maintenance for her or her infant children whom he, is legally liable to maintain, and shall by such cruelty or neglect have caused her to leave and live separately and apart from him, may apply to any court of summary jurisdiction acting within the city, borough, petty sessional or other division or district, in which any such conviction has taken place, or in which the cause of complaint shall have wholly or partially arisen, for an order or orders under this Act: Provided that where a married woman is entitled to apply for an order or orders under this section on the ground of the conviction of her husband upon indictment, she may apply to the, court before whom her husband has been convicted, and that court shall, for the purposes of this section, become a court of summary jurisdiction, and shall have the power without a jury to hear an application, and make the order or orders applied for.

S-5 Powers of court.

5 Powers of court.

The court of summary jurisdiction to which any application under this Act is made may make an order or orders containing all or any of the provisions following, viz.:—

a .) A provision that the applicant be no longer bound to cohabit with her husband (which provision while in force shall have the effect in all respects of a decree of judicial separation on the ground of cruelty)
b .) A provision that the legal custody of any children of the marriage between the applicant and her husband, while under the age of sixteen years, be committed to the applicant
c .) A provision that the husband shall pay to the applicant personally, or for her use, to any officer of the court or third person on her behalf, such weekly sum not exceeding two pounds as the court shall, having regard to the means both of the husband and wife, consider...

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