sec.23Ex parte order for preliminary maintenance of child

### sec.23 Ex parte order for preliminary maintenance of child Upon ex parte application made to a magistrate or to any 2 justices (whether sitting as a Magistrate Court or otherwise) at any time after the making of a complaint made under division 1 , subdivision 2 for the maintenance of the child of the family, the magistrate or justices may order the defendant to pay weekly for the maintenance of the child such amount as the magistrate or justices may think reasonable. An order under this section shall remain in force until the commencement of the hearing of the complaint referred to in subsection (1) . The evidence of any person who is examined on an application under subsection (1) shall be taken down in writing and shall be read over and signed by that person. An order under this section shall be in writing, signed by the magistrate or by the justices, shall forthwith be sent, together with the depositions of the witnesses who gave evidence in support of the application, to the clerk of the court at which the summons issued upon the complaint is returnable, and shall, subject to subsection (1) , be enforceable as if it were an order made by that court. An order under this section may be made without prior notice being given to the defendant and shall not be subject to suspension, variation, or appeal, and any moneys paid thereunder shall not, irrespective of the outcome of the proceedings upon the complaint, be recoverable. The hearing of an application under this section shall be deemed not to be a commencement of the hearing of the complaint, and the complaint may be heard and determined by a court whether constituted by the magistrate who heard the application or by any other magistrate. s 23 amd 1974 No. 27 s 4 (sec.23-ssec.1) Upon ex parte application made to a magistrate or to any 2 justices (whether sitting as a Magistrate Court or otherwise) at any time after the making of a complaint made under division 1 , subdivision 2 for the maintenance of the child of the family, the magistrate or justices may order the defendant to pay weekly for the maintenance of the child such amount as the magistrate or justices may think reasonable. (sec.23-ssec.1A) An order under this section shall remain in force until the commencement of the hearing of the complaint referred to in subsection (1) . (sec.23-ssec.2) The evidence of any person who is examined on an application under subsection (1) shall be taken down in writing and shall be read over and signed by that person. (sec.23-ssec.3) An order under this section shall be in writing, signed by the magistrate or by the justices, shall forthwith be sent, together with the depositions of the witnesses who gave evidence in support of the application, to the clerk of the court at which the summons issued upon the complaint is returnable, and shall, subject to subsection (1) , be enforceable as if it were an order made by that court. (sec.23-ssec.4) An order under this section may be made without prior notice being given to the defendant and shall not be subject to suspension, variation, or appeal, and any moneys paid thereunder shall not, irrespective of the outcome of the proceedings upon the complaint, be recoverable. (sec.23-ssec.5) The hearing of an application under this section shall be deemed not to be a commencement of the hearing of the complaint, and the complaint may be heard and determined by a court whether constituted by the magistrate who heard the application or by any other magistrate.