COMMITTEE. (Hansard, 16 June 1886)

§ MR. WARMINGTON (Monmouthshire, W.)
The clause, as it stands, provides that where a married woman is deserted by her husband, it shall be lawful for her to summon him before the justices, who, if satisfied that he is able wholly or in part to maintain his wife and family, may order that the wife shall be no longer bound to cohabit with her husband, and that such order shall have the force and effect of a decree of judicial separation on the ground of cruelty. I propose to amend the clause by leaving out that portion which provides that the order of the justices shall have the effect of a decree of separation on the ground of cruelty.

§ SIR R. ASSHETON CROSS (Lancashire, S.W., Newton)
I should like to have some assurance from the hon. and learned Attorney General that the clause, as it has been altered, is satisfactory.

§ THE ATTORNEY GENERAL (Sir CHARLES RUSSELL) (Hackney, S.)
I have carefully considered the Amendments proposed by the hon. Gentleman, and I am satisfied with them. The objectionable parts of the Bill have been entirely excised; and, as it stands now, it simply provides a direct civil remedy for maintenance in case of desertion. My right hon. Friend is aware that the present law of subsistence is unsatisfactory. This Bill gives a more direct remedy.

§ MR. WARMINGTON
I now propose to insert the following clause after Clause 1:— 1673 From and after the passing of this Act it shall be lawful for any child, if of the age of ten years, and for any adult person on behalf and as next friend of any child whom his or her father is bound to maintain, to summon such father before any two justices in petty sessions, or any stipendiary magistrate, and thereupon such justices or magistrate, if satisfied that such father, being able wholly or in part to maintain such child, has wilfully refused or neglected so to do, may order that such, father shall pay to such person or persons who shall be named in such order as the person to receive the same, and who shall be willing to undertake to apply the moneys to be received under such order in or towards the proper maintenance of such child (so far as the monies to be received under such order shall extend), such weekly sum as the court or magistrate may consider to be in accordance with the means of such father and with any other means available for the maintenance of such child. Any order made under this section shall be enforceable and enforced in the manner mentioned in section one of this Act, and may from time to time be raised in the manner mentioned in such section, upon proof that the means of the father or child have been altered in amount since the original order or any subsequent order raising it shall have been made. This clause is intended to place the law in regard to children who are deserted by their father upon the same footing as that which applies to the case of a married woman deserted by her husband, and it provides for the issue of a summons against the father and the enforcement of the order of the Court.

§ SIR R. ASSHETON CROSS (Lancashire, S.W., Newton)
I should like to have the opinion of the Attorney General in regard to this clause.

§ THE ATTORNEY GENERAL (Sir CHARLES RUSSELL) (Hackney, S.)
The clause simply applies, in the case of a child who is deserted by its father, the same provisions which are applied to a wife deserted by her husband. I have no objection to it.