The Short Title of this Act shall be “The Married Women’s Property Protection Act 1870.”

In addition to the case provided for by the second section of the said Act the same section and all other the provisions of the said Act shall extend and be held to apply to the following cases that is to say—

When a wife is subjected by her husband to cruelty without adultery

Where the husband of any woman shall be guilty of living in open adultery

Where the husband of any woman shall be guilty of habitual drunkenness

Where the husband shall habitually fail to provide a a maintenance for his wife and children without such failure being caused by sickness or other unavoidable cause in like manner to all intents and purposes as if the same had originally been mentioned in the said Act.

It shall be lawful for the Resident Magistrate or Justices of the Peace in Petty Sessions by whom any order shall be made under the provisions of the said Act or of this Act in any case in which the wife may desire the same by the same or by any separate order to direct that the wife shall have the exclusive custody of any infant child or children of the marriage until such child or children if male shall attain the age of ten years and if female the age of eighteen years or marriage.

It shall also be lawful for such Resident Magistrate or Justices of the Peace by whom any such order shall be made as aforesaid either at the time of the making of such order or at any time thereafter on the application of the wife and either by the same order when made or by any separate order and upon proof by the wife that her separate earnings are insufficient for the maintenance of the children then lawfully in her custody to make an order that the husband shall pay to the wife towards the support of such of the children as shall be under the age of ten years such weekly sum of money not exceeding one pound per week for each such child as such Resident Magistrate or such Justices of the Peace as the case may he shall think fit.

The said Resident Magistrate or Justices of the Peace shall in such order define the day or time on and from which such order shall take effect.

All the provisions of the Ordinance of the Lieutenant-Governor and Legislative Council of New Zealand intituled “An Ordinance for the Support of Destitute Families and Illegitimate Children” relating to the enforcement of orders for the payment of moneys for the support of deserted children shall extend and apply to the orders made under the provisions of the foregoing section of this Act.