Maintenance Orders (Facilities for Enforcement) Act


Published: 1921

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Maintenance Orders (Facilities (CAP. 257 1
for Enforcement)

CHAPTER

THE MAINTENANCE ORDERS (FACILITIES
FOR ENFORCEMENT) ACT

Arrangement of Sections
Section

1. Short title.
2. Inter~retation.
3. Enforcement in Antigua and Barbuda of maintenance

orders made in England or Northern Ireland.
4. Transmission of maintenance orders made in Antigua

and Barbuda.
5. Power to make provisional orders of maintenance against

persons resident in England or Northern Ireland.
6. Power of inferior Court of Summary Jurisdiction to con-

firm maintenance order made in England or
Northern Ireland.

7. Regulations for facilitating communications between
courts.

8. Mode of enforcing orders.
9. Application of Magistrate's Code of Procedure Act.

10. Proof of documents signed by officers of court.
11. Depositions to be evidence.
12. Extension to Commonwealth and territory under H.M. 's

protection.

LAWS OF ANTIGUA AND BARBUDA

Maintenance Orders (Facilities (CAP. 25 7 3
for Enforcement)

MAINTENANCE ORDERS (FACILITIES
FOR ENFORCEMENT)

(25th February, 192 1 .)

1. This Act may be cited as the Maintenance Orders Short title.
(Facilities for Enforcement) Act.

2. In this Act- Interpretation.

"certified copy" in relation to an order of Court means
a copy of the order certified by the proper officer
of the Court to be a true copy;

"dependants" means such persons as that person is,
according to the law in force in that part of England
or Northern Ireland in which the maintenance order
was made liable to maintain;

"maintenance order" means, an order other than an
order of affiliation, for the periodical payment of
sums of money towards the maintenance of the wife
or other dependants of the person against whom
the order is made;

"prescribed" means prescribed by rules of Court;

3. (1) Where a maintenance order has whether before gz;:",',": in
or after the passing of this Act, been made against any per- Barbuda of
son by any Court in England or Northern Ireland and a maintenance

orders made in
certified copy of the order has been transmitted by the England or
Secretary of State to the Governor-General, the Governor- Ei:z
General shall send a copy of the order to the prescribed officer
of a Court in ~ n t i e u a i n d Barbuda for registration; and on

u .2

receipt thereof the order shall be registered in the prescribed
manner, and shall, from the date of such registration, be
of the same force and effect. and. subiect to &e ~rovisions

1 4

of this Act, all proceedings may be taken on such order as
if it had been an order originally obtained in the Court in

LAWS OF ANTIGUA AND BARBUDA

Transmission of
maintenance
orders made in
Antigua and
Barbuda.

Power to make
provisional
orders of
maintenance
against persons
resident in
England or
Northern
Ireland.

CAP. 25 7) Maintenance Orders (Facilities
for Enforcement)

which it is so registered, and that Court shall have power
to enforce the order accordingly.

(2) The Court in which an order is to be so registered
as aforesaid shall if the Court by which the order was made
was a Court of Superior Jurisdiction be the High Court and
if the Court was not a Court of Superior Jurisdiction be an
inferiw Court of Summary Jurisdiction.

4. Where a Court in Antigua and Barbuda has
whether before or after the commencement of this Act made
a maintence order against any person and it is proved
to that Court that the person against whom the order was
made is resident in England or Northern Ireland the Court
shall send to the Governor-General for transmission to the
Secretary of State a certified copy of the order.

5 . (1) Where an application is made to an inferior
Court of Summary Jurisdiction in Antigua and Barbuda for
a maintenance order against any person and it is proved
that that person is resident in England or Northern Ireland
the Court may in the absence of that person if after hearing
the evidence it is satisfied of the Justice of the application
make any such order as it might have made if a summons
had been duly served on that person and he had failed to
appear at the hearing but in such case the order shall be
provisional only and shall have no effect unless and until
confirmed by a competent Court in England or Northern
Ireland.

(2) The evidence of any witness who is examined on
any such application shall be put in writing and such deposi-
tion shall be read over to and signed by him.

(3) Where such an order is made the Court shall send
to the Governor-General for transmission to the Secretary
of State the depositions so taken and a certified copy of the
order together with a statement of the grounds on which the
making of the order might have been opposed if the person
against whom the order is made had been duly served with
a summons and had appeared at the hearing and such
information as the Court possesses for facilitating the identifi-
cation of that person and ascertaining his whereabouts.

LAWS OF ANTIGUA AND BARBUDA

Maintenance Orders (Facilities (CAP. 257 5
for Enforcement)

(4) Where any such provisional order has come before
a Court in England or Northern Ireland for confirmation
and the order has by that Court been remitted to the inferior
Court of Summary Jurisdiction which made the order for
the purpose of taking further evidence that Court shall after
giving the prescribed notice proceed to take the evidence in
like manner and subject to the like conditions as the evidence
in support of the original application.

If upon the hearing of such evidence it appears to the
Court that the order ought not to have been made the Court
may rescind the order but in any other case the depositions
shall be sent to the Governor-General and dealt with in like
manner as the original depositions.

(5) The confirmation of an order made under this
section shall not affect any power of an inferior Court of
Summary Jurisdiction to vary or rescind that order:

Provided that on the making of a varying or rescinding
order the Court shall send a certified copy thereof to the
Governor-General for transmission to the Secretary of State
and that in the case of an order varying the original order
shall not have any effect unless and until confirmed in like
manner as the original order.

(6) The applicant shall have the same right of appeal
if any against a refusal to make a provisional order as he
would have had against a refusal to make the order had a
summons been duly served on the person against whom the
order is sought to be made.

6. (1) Where a maintenance order has been made by Power of inferior
Court of

a Court in England or Northern Ireland and the order is summar,
provisional only and has no effect unless and until confirm- J urisdiction to

confirm
ed by an inferior Court of Summary Jurisdiction in Antigua
and Barbuda and a certified copy of the order together with order England made or in
the depositions of witnesses and a statement of the grounds ~~~~h~~~
on which the order might have been opposed has been Ireland.
transmitted to the Governor-General and it appears to the
Governor-General that the person against whom the order
was made is resident in Antigua and Barbuda the Governor-
General may send the said documents to the prescribed officer
of the inferior Court of Summary Jurisdiction in the district
wherein such person resides with a requisition that a

LAWS OF ANTIGUA AND BARBUDA

6 CAP. 257) Maintenance Orders (Facilities
for Enforcement)

summons be issued calling upon the person to show cause
why that order should not be confirmed and upon receipt
of such documents and requisition the court shall issue such
a summons and cause it to be served upon such person.

Cap. 255.

(2) A summons so issued may be served in Antigua
and Barbuda in the manner prescribed for the service of a
summons by the Magistrate's Code of Procedure Act.

(3) At the hearing it shall be open to the person on
whom the summons was served to raise any defence which
he might have raised in the original proceedings had he been
a party thereto but no other defence and the certificate from
the Court which made the provisional order stating the
grounds on which the making of the order might have been
opposed if the person against whom the order was made had
been a party to the proceedings shall be conclusive evidence
that those grounds are grounds on which objection may be
taken.

(4) If at the hearing the person served with the sum-
mons does not appear or on appearing fails to satisfy the
Court that the order ought not to be confirmed the Court
may confirm the order either without modification or with
such modifications as to the Court after hearing the evidence
may seem just.

(5) If the person against whom the summons was issued
appears at the hearing and satisfies the Court that for the
purpose of any defence it is necessary to remit the case to
the Court which made the provisional order for the taking
of any further evidence the Court may so remit the case and
adjourn the proceedings for that purpose.

(6) Where a provisional order has been confirmed under
this section it may be varied or rescinded in like manner
as if it had originally been made by the confirming Court
and where on an application for recission or variation the
Court is satisfied that it is necessary to remit the case to
the Court which made the order for the purpose of taking
any further evidence the Court may so remit the case and
adjourn the proceedings for the purpose.

LAWS OF ANTIGUA AND BARBUDA

Maintenance Order (Facilities (CAP. 257 7
for Enforcement)

(7) Where an order has been so confirmed the person
bound thereby shall have the same right of appeal if any
against the confirmation of the order as he would have had
against the making of the order had the order been an order
made by the Court confirming the order.

7. The Governor-General may make regulations as EE;;~; for
to the manner in which a case can be remitted by a Court communications
authorised to confirm a provisional order to the Court which between courts.
made the provisional order and generally for facilitating com-
munications between such Courts.

8. (1) An inferior Court of Summary Jurisdiction in z,";C;i orders.
which an order has been registered under this Act or by which
an order has been confirmed under this Act and the officers
of such Court shall take all such steps for enforcing the order
as may be prescribed.

(2) Every such order shall be enforceable in like man-
ner as if the order were for the payment of a civil debt
recoverable summarily provided that if the order is of such
a nature that if made by the Court in which it is so registered
or by which it is so confirmed it would be enforceable in
like manner as an order of affiliation, the order shall be so
enforceable.

(3) A warrant of distress or commitment issued by an
inferior Court of Summary Jurisdiction for the purpose of
enforcing any order so registered or confirmed may be
executed in any part of Antigua and Barbuda in the manner
prescribed by the Magistrate's Code of Procedure Act.

9. The Magistrate's Code of Procedure Act shall apply ~ ~ ~ ~ ~ ~ ~ s o f
to ~roceedincs before inferior Courts of Summary Turisdic- code " , "
tion under this Act in like manner as they apply to pro- Procedure Act.
ceedings under that Act and the power of the Minister to
make rules under the Magistrate's Code of Procedure Act,
shall include power to make rules regulating the procedure
of inferior Courts of Summary Jurisdiction under this Act.

10. Any document purporting to be signed by a Judge proof documents of signed
or officer of a Court in Encland or Northern Ireland shall b, .fficers or "
until the contrary is proved be deemed to have been so signed

LAWS OF ANTIGUA AND BARBUDA

8 CAP. 25 7) Maintenance Order (Facilities
for Enforcement)

without proof of the signature or judicial or official character
of the person appearing to have signed it and the officer of
a Court by whgm a document is signed shall until the con-
trary is proved be deemed to have been the proper officer
of the Court to sign the document.

Depositions to be
evidence.

1 . Depositions taken in a Court in England or
Northern Ireland for the purposes of this Act may be receiv-
ed in evidence in proceedings before inferior Court of
Summary Jurisdiction under this Act.

Extension to
Commonwealth
and territory
under H.M.'s
protection.

12. Where the Governor-General is satisfied that
reciprocal provisions have been made by the Legislature of
any part of the Commonwealth other than England or
Northern Ireland, or of any territory under Her Majesty's
protection for the enforcement within such part or territory,
of maintenance orders made by Courts in Antigua and
Barbuda, the Governor-General may by Proclamation extend
this Act to such part or territory, and this Act shall thereupon
apply in respect of such part or territory as though the
references to England or Northern Ireland were references
to such part or territory and the references to the Secretary
of State were references to the Government of such part or
territory.

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