Page images
PDF
EPUB

47. The rules of evidence observed in the superior courts of common law at Westminster shall be applicable to and observed in the trial of all questions of fact in the court. · 49. The court may, under its seal, issue writs of subpæna or subpæna duces tecum, commanding the attendance of witnesses at such time and place as shall be therein expressed; and such writs may be served in any part of Great Britain or Ireland ; and every person served with such writ shall be bound to attend, and to be sworn and give evidence in obedience thereto, in the same manner as if it had been a writ of subpoena or subpæna duces tecum issued from any of the said superior courts of com. mon law in a cause pending therein, and served in Great Britain or Ireland, as the case may be : provided that any petitioner required to be examined, or any person called as a witness or required or desiring to make an affidavit or deposition under or for the purposes of this act, shall be permitted to make his solemn affirmation or declaration instead of being sworn in the circumstances and manner in which a person called as a witness or desiring to make an affidavit or deposition would be permitted so to do under the “ Common Law Procedure Act, 1854,” in cases within the provisions of that act.

50. All persons wilfully deposing or affirming falsely in any proceeding before the court shall be deemed to be guilty of perjury, and shall be liable to all the pains and penalties attached thereto.

51. The court on the hearing of any suit, proceeding, or petition under this act, and the House of Lords on the hearing of any appeal under this act, may make such order as to costs as to such court or house respectively may seem just : provided always, that there shall be no appeal on the subject of costs only.

52. All decrees and orders to be made by the court in any suit, proceeding, or petition to be instituted under authority of this act shall be enforced and put in execution in the same or the like manner as the judgments, orders, and decrees of the High Court of Chancery may be now enforced and put in execution.

53. The court shall make such rules and regulations concerning the practice and procedure under this act as it may from time to time consider expedient, and shall have full power from time to time to revoke or alter the same.

54. The court shall have full power to fix and regulate from time to time the fees payable upon all proceedings before it, all which fees shall be received, paid, and applied as herein directed : provided always, that the said court may make such rules and regulations as it may deem necessary and expedient for enabling persons to sue in the said court in forma pauperis.

55. Either party dissatisfied with any decision of the court in any matter which, according to the provisions aforesaid, may be made by the Judge-Ordinary alone, may, within three calender months after the pronouncing thereof, appeal therefrom to the full court, whose decision shall be final,

56. Either party dissatisfied with the decision of the full court on any petition for the dissolution of a marriage may, within three months after the pronouncing thereof, appeal therefrom to the House of Lords if Parliament be then sitting, or if Parliament be not sitting at the end of such three months, then within fourteen days next after its meeting; and on the hearing of any such appeal the House of Lords may either dismiss the appeal or reverse the decree, or remit the case to the court, to be dealt with in all respects as the House of Lords shall direct.

57. When the time hereby limited for appealing against any decree dissolving a marriage shall have expired, and no appeal shall have been presented against such decree, or when any such appeal shall have been dismissed, or when in the result of any appeal any marriage shall be declared to be dissolved, but not sooner, it shall be lawful for the respective parties thereto to marry again, as if the prior marriage had been dissolved by death: provided always, that no clergyman in Holy Orders of the United Church of England and Ireland shall be compelled to solemnize the marriage of any person whose former marriage may have been dissolved on the ground of his or her adultery, or shall be liable to any suit, penalty, or censure for solemnizing or refusing to solemnize the marriage of any such person.

58. Provided always, that when any minister of any church or chapel of the United Church of England and Ireland shall refuse to perform such marriage service between any persons who but for such refusal would be entitled to have the same service performed in such church or chapel, such minister shall permit any other minister in Holy Orders of the said United Church, entitled to officiate within the Diocese in which such church or chapel is situate, to perform such marriage service in such church or chapel.

59. After this act shall have come into operation, no action shall be maintainable in England for criminal conversation.

60. None of the fees payable under this act, except as herein expressly provided, shall be received in money, but every such fee shall be collected and received by a stamp denoting the amount of the fee which would otherwise be payable; and the fees to be so collected by stamps shall be “ stamp duties,” and be under the management of the Commissioners of Inland Revenue.

61. The provisions contained in or referred to by an act of the present session of parliament, “ to amend the laws relating to probates and letters of administration in England,” and apa plicable to the collection and payment and accounts of the fees to be received thereunder by means of stamps, and to such stamps, and the vellum, parchment, or paper on or to which the same shall be impressed or affixed, and in relation to documents which ought to have stamps impressed thereon or affixed thereto, and to the punishment of persons for such wrongful acts as therein mentioned in relation to stamps, or fees or sums of money which ought to be collected by means of stamps, shall be applicable to and for the purpose of this act, as if such pro

visions as aforesaid had been contained or referred to in this act with reference to the like matters, and the court under this act had been mentioned, instead of the Court of Probate, or the Judge thereof, as the case may be.

62. It shall be lawful for the Commissioners of her Majesty's treasury, out of such monies as may be provided and appropriated by parliament for the purpose, to cause to be paid all necessary expenses of the court under this act, and other expenses which may be incurred in carrying the provisions of this act into effect, except as herein otherwise provided.

63. The same amount of stamp duty as is now payable on the admission of a proctor to any ecclesiastical court shall be payable by every person to be admitted as a proctor in the Court of Divorce and Matrimonial Causes, or in the Court of Probate, who shall not have been previously admitted as a proctor in the other of such courts, or in an Ecclesiastical or Admiralty Court, and have paid the stamp duty in respect thereof; and every person who shall practise as a proctor or as a solicitor or attorney in the said Court of Divorce and Matrimonial Causes, or the said Court of Probate, shall obtain an annual certificate to authorize him so to do, under the stamp duty acts, in the same manner as proctors practising in the Ecclesiastical or Admiralty Courts, and solicitors and attornies practising in her Majesty's courts at Westminster, are now required to do by the said acts or any of them, and shall be subject and liable to the same penalties and disabilities in case of any neglect to obtain such certificates as such proctors, attornies, and solicitors are now subject and liable to for any similar neglect, and as if the clauses and provisions of the said acts in relation to such certificates had been inserted in this act, and specially enacted in reference to proctors, solicitors, and attornies practising in the said Court of Divorce and Matrimonial Causes and Court of Probate, provided that one annual certificate only shall be required for any one person, although he may practise in more than one of the capacities aforesaid, or in several of the courts herein-before mentioned.

64. Every person who at the time of the passing of this act has been duly admitted and is practising as a proctor in any Ecclesiastical Court in England shall, at the expiration of two years from and after the commencement of this Act, be entitled to make claim for compensation to the Commissioners of her Majesty's Treasury; and the said Commissioners, by examination of evidence on oath (which they are hereby empowered to 'administer), or otherwise, as they shall think fit, shall inquire into and ascertain the loss, if any, of professional gains and profits in respect of suits relating to marriage and divorce sustained by such proctors respectively, upon a comparison in each case of the average clear gains of the three years immediately before the commencement of this act, arising from such lastmentioned business, and the average of the same gains during the two years immediately succeeding the commencement of this act; and the said Commissioners shall in each case, having regard to all the circumstances, award a reasonable compensa

tion, by way of annuity, to the persons sustaining such loss, during their lives, but in no case shall such annuity exceed one half of the annual loss so ascertained as aforesaid; and such annuities shall be paid out of monies to be annually provided by parliament for that purpose, and the persons receiving the same shall be subject to the provisions contained in the Nineteenth Section of the act of fourth and fifth William the Fourth, chapter twenty-four.

65. In case the Judge of the Court of Probate established by any act passed during the present Session shall be appointed Judge Ordinary of the court for divorce and matrimonial causes, the salary of such Judge shall be the sum of five thousand pounds per annum ; but such Judge, if afterwards appointed Judge of the Admiralty Court, shall not be entitled to any increase of salary,

66. Any one of her Majesty's Principal Secretaries of State may order every Judge, Registrar, or other Officer of any Ecclesiastical Court in England or the Isle of Man, or any other person having the public custody of or control over any letters patent, records, deeds, processes, acts, proceedings, books, documents, or other instrument relating to marriages, or to suits for divorce, nullity of marriage, restitution of conjugal rights, or to any other matters or causes matrimonial, except marriage licenses, to transmit the same, at such times and in such manner, to such places in London or Westminster, and under such regulations, as the said Secretary of State may appoint; and if any Judge, Registrar, Officer, or other person shall wilfully disobey such order, he shall, for the first offence, forfeit the sum of one hundred pounds, to be recoverable by any Registrar of the Court of Probate as a debt under this act in any of the superior courts at Westminster, and for the second and subsequent offences the Judge Ordinary may commit the person so offending to prison for any period not exeeeding three calendar months, provided that the warrant of committal be countersigned by one of her Majesty's Principal Secretaries of State, and the said persons so offending shall forfeit all claim to compensation under this act.

67. All rules and regulations concerning practice or procedure, or fixing or regulating fees, which may be made by the court under this act, shall be laid before both Houses of Parliament within one month after the making thereof, if Parliament be then sitting, or if Parliament be not then sitting, within one month after the commencement of the then next session of parliament.

68. The Judge Ordinary of the court for divorce and matrimonial causes for the time being shall cause to be prepared in each year ending December Thirty-one a return of all fees and monies levied in such year on account of the fee fund of the court of divorce and matrimonial causes, and of any other fund under the authority of this act; also, a return of the annual salaries of the said Judge Ordinary, and of all persons holding offices in the said court, with all the incidental expenses of the

said court, whether the salaries and incidental expenses aforesaid be defrayed out of fees or out of any other monies; also, a return of all superannuations, pensions, annuities, retiring allowances, and compensations made payable under this act, in each year, stating the gross amount, and the amount in detail, of such charges : provided always, that all such returns as aforesaid shall be presented to both Houses of Parliament on or before the Thirty-first day of March in each year, if Parliament is then sitting, and if Parliament is not sitting, then such returns shall be presented within one month of the first meeting of Parliament after the Thirty-first day of March in each year.

« EelmineJätka »