AND THE AMENDING ACTS UP TO THE PRESENT TIME, AND THE RULES AND REGULATIONS ISSUED THEREUNDER, WITH REFERENCES TO THE ENGLISH ACTS AND RULES; ALSO THE REPORTED WITH NOTES AND A COPIOUS INDEX, BY LEWIS WHITFELD, M.A., BARRISTER-AT-LAW; (Formerly Clerk in Divorce). Sydney: C. F. MAXWELL (HAYES BROTHERS), Law Bookseller and Publisher, 55 AND 57 ELIZABETH STREET. 1893. AU/NES TO THE HONOURABLE SIR WILLIAM CHARLES WINDEYER, JUDGE OF THE DIVORCE AND MATRIMONIAL CAUSES COURT, THIS WORK IS RESPECTFULLY DEDICATED. PREFACE. THE object of this book is to set out in a handy form the practice of the Divorce Court. The increasing importance of this jurisdiction of the Supreme Court leads me to believe that some such guide to its practice will not be unwelcome. A book, similar in its scheme to the present work, was prepared some four years ago by Mr. R. J. Browning and myself, but was withdrawn, almost on the eve of publication, owing to the fact that a brother barrister announced a similar work as being in the press. That work, however, not having appeared, I have re-written the former book, incorporating the recent Act, the decisions of the Court to the present time, and the new rules of practice. The law of Divorce in England so far resembles in its main features the law in this colony, except in respect to recent legislation, that it has been thought sufficient to indicate the points of difference, and not to endeavour to produce an elaborate treatise on the law as a rival to the standard work of Browne and Powles. References to the English sections and rules, from which the colonial sections and rules are taken, are given in the margin, and where there is a difference not merely arising from the constitution of the Courts but affecting the practice, it is mentioned in the notes. Much time has been spent to render the crossreferences and general index complete and satisfactory. The cases cited comprise all the reported decisions of the Divorce Court with the exception of a few that have |