7. A decree for a judicial separation which shall have the effect of a divorce a mensd et thoro under the law heretofore existing in England, and such other legal effect as herein mentioned, may be obtained either by the husband or wife on the ground of adultery, or 5 of cruelty, or of desertion without cause for a period of two years. 8. Application for restitution of conjugal rights or for judicial separation on any of the grounds aforesaid may be made by either husband or wife by petition to the Supreme Court; and the said Court, on being satisfied of the truth of the allegations therein con10 tamed, and that there is no legal ground why the same should not be granted, may decree such restitution of conjugal rights or judicial separation accordingly, and where the application is by the wife may make any order for alimony which shall be deemed just. 9. From and after the passing of this Act a decree for resti15 tution of conjugal rights shall not be enforced by attachment, but, where the application is by the wife, the Court may, at the. time of making such decree, or at any time afterwards, order that, in the event of such decree not being complied with within any time in that behalf limited by the Court, the respondent shall make to the peti--20 tioner such periodical payments as may be just; and such order may be enforced in the same manner as an order for alimony in a suit for judicial separation. The Court may, if it shall think fit, order that the husband shall, to the satisfaction of the Court, secure to the wife such periodical payments, and for that purpose may refer it to the 25 Registrar to settle and approve of a proper deed or instrument to be executed by all necessary parties. 10. Where the application for restitution of conjugal rights is by the husband, if it shall be made to appear to the Court that the wife is entitled to any property, either in possession or reversion, and 30 whether subject to restraint on anticipation or not, or is in receipt of any profits of trade or earnings, the Court may, if it shall think fit, order a settlement to be made to the satisfaction of the Court of such property or any part thereof for the benefit of the petitioner and of the children of the marriage, or any of them, or may order such part 35 as the Court may think reasonable of such profits of trade or earnings to be periodically paid by the respondent to the petitioner for his own benefit, or to the petitioner or any other person for the benefit of the children of the marriage, or any of them. 11. (1.) If the respondent shall fail to comply with a decree of 40 the Court for restitution of conjugal rights, such respondent shall thereupon be deemed to have been guilty of desertion without reasonable cause, and a suit for dissolution of marriage or for judicial separation may be forthwith instituted, and a decree nisi for the dissolution of the marriage, or a decree of judicial separa--45 tion, may be pronounced on the ground of desertion, although the period hereinafter fixed in the case of desertion may not have elapsed since the failure to comply with the decree for restitution of conjugal rights. (2.) Such decree nisi, if of judicial separation, shall not be made 50 absolute until after the expiration of six calendar months from the pronouncing thereof, unless the Court shall fix a shorter time, and, if for the dissolution of the marriage, shall be subject to the provisions relating thereto hereinafter contained.

Decree may be ° r bt^f e e £ or yhusband adultery, &o. imi < No - 94 ' sec - 7 Application tor conjugai'r'ights to be by petition. Ibid ' sco - 8 Periodical payments attachment. iB9B, No. 42, sec. i Settlement of wife's 16 Non-compliance abortion!** eeme ibid, sec. 17

Application for restitution of conjugal rights to be by petition. Ibid, sec. 8

Periodical payments in lieu of attachment. 1898, No. 42, sec. 1

Settlement of wife's property. Ibid, sec. 16

Non-compliance with decree deemed desertion. Ibid, sec. 17

3

Divorce and Matrimonial Causes Acts Compilation.