Maintenance Orders Act
Act 77 of 1921
- Commenced on 21 October 1921
- [This is the version of this document at 1 December 1998.]
1. Short titleThis Act may be cited as the Maintenance Orders Act.
2. InterpretationIn this Act—“certified copy” in relation to an order of a court means a copy of the order certified by a proper officer of the court to be a true copy;“Commonwealth” includes any protected state, protectorate or trust territory as defined in the British Nationality Act, 1948;“dependants” means such persons as any person is, according to the law in force in the country or part thereof in which the maintenance order was made, liable to maintain;“magistrate’s court” means a court established under the Subordinate Courts Proclamation;“maintenance order” means an order other than an order made against a father for the maintenance of an illegitimate child, 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, and in the case of orders made in Ireland includes any order or decree for the recovery or repayment of the cost of relief or maintenance made by virtue of the provisions of the Poor Relief (Ireland) Acts, 1839 to 1914;“Minister” means the Minister for Home Affairs;“prescribed” means prescribed by rules of court;“Secretary of State” means one of Her Brittanic Majesty’s Principal Secretaries of State.
3. Enforcement of overseas maintenance orders in Swaziland
4. Transmission of certain ordersWhere a court in Swaziland has, whether before or after the taking effect of this Act, made a maintenance 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 Minister for transmission through the Prime Minister to a Secretary of State a certified copy of the order.[Amended P.29/1962]
5. Provisional order against person overseas
6. Procedure to make final an overseas order
7. Enforcement of order
8. Rules of procedureThe High Court Act and the Subordinate Courts Act shall, save in so far as provision is made to the contrary by this Act, apply to proceedings under this Act, and the power to make rules shall include power to make rules regulating the procedure of courts under this Act, the manner in which cases may be remitted by a court authorised to confirm a provisional order to the court which made the provisional order, and generally for facilitating communications between such courts.
9. Presumption of validity of court documentAny document purporting to be signed by a judge or officer of a court in the United Kingdom or Northern Ireland shall, until the contrary is proved, be deemed to have been so signed 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 whom a document is signed shall, until the contrary is proved, be deemed to have been the proper officer of the court to sign the document.
10. EvidenceDepositions taken in a court in the United Kingdom or Northern Ireland may be received in evidence in proceedings before magistrate’s courts under this Act.
11. SavingsSuch provisions of the Roman-Dutch law in force in Swaziland as relate to maintenance orders and the provisions of the Reciprocal Enforcement of Judgements Act, No. 4 of 1922, shall be and are hereby extended and modified so as to be consistent with the provisions of this Act.
12. EnforcementWhere the Prime Minister is satisfied that legal provision exists in any country within the Commonwealth, or in the Republic of Ireland or in the Republic of South Africa or South-West Africa, or in any part of such country, for the enforcement within it of maintenance orders made by courts in Swaziland, the Prime Minister may, by notice in the Gazette, extend this Act to such country, territory or part, and this Act shall thereupon apply in respect of such country, or part as though references to the United Kingdom or Northern Ireland were references to such country or part, and references to the Secretary of State were references to the Government of such country or part.[Amended P.29/1962]
History of this document
21 October 1921