55. The registry of the Court for Divorce and Matrimonial Causes, and the clerks employed therein, shall be subject to and under the control of the registrars of the principal registry of the Court of Probate, in the same way and to the same extent as the principal registry of the Court of Probate and the clerks therein is and are. 56. The record keepers, the clerk of papers, the sealer, the ushers, and other officers belonging to the Court of Probate, shall discharge the same duties in the Court for Divorce and Matrimonial Causes, and in the registry thereof, as they discharge in the Court of Probate and the principal registry thereof. 57. The Judge-Ordinary shall in every case in which a time is fixed by these rules for the performance of any act have power to extend the same to such time and with such qualifications and restrictions and on such terms as to him may seem fit. FORMS Which are to be followed as nearly as the circumstances of each case will allow. No. 1.-CITATION. In Her Majesty's Court for Divorce and Matrimonial Causes. VICTORIA, by the Grace of God of the United Kingdon of Great Britain and Ireland, Queen, Defender of the Faith. To A.B., of WHEREAS C.B., of in the County of claiming to have been lawfully married to you the said A.B., has filed her petition against you in our said court, praying for wherein she alleges that you have committed adultery [or have been guilty of cruelty towards her the said C.B., or as the case may be]: Now THIS IS TO COMMAND YOU, that within eight days of the service of this on you, inclusive of the day of such service, you do appear in our said court then and there to make answer to the said petition, a copy whereof, sealed with the seal of our said court, is herewith served upon you. AND TAKE NOTICE, that in default of your so doing, the Judge-Ordinary of our said court [or the Judges of our said court] will proceed to hear the said charge [or charges] proved in due course of law, and to pronounce sentence therein, your absence notwithstanding. (Signed) E. F., Registrar. (L.S.) INDORSEMENT TO BE MADE AFTER SERVICE. This citation was duly served by G.H. on the within-named A.B., of at on the day of (Signed) 18 G.H. No. 2. PRÆCIPE FOR CITATION. , for In Her Majesty's Court for Divorce and Matrimonial Causes. Citation for A.B., of against C.B., of a judicial separation by reason of adultery [or as the case may be]. (Signed) P.A., proctor, solicitor, or attorney for the said C.B. [or C.B. in person.] No. 3.-PETITION FOR DIVORCE. To the Judge-Ordinary of Her Majesty's Court for Divorce and Matrimonial Causes. The petition of A.B., of 1. That your petitioner was on the showeth,- and at : and 18 lawfully married to C.B., then C.Z., widow, at 2. That after his said marriage your petitioner lived and cohabited with his said wife at that your petitioner and his wife have had issue of their said marriage three children; to wit, one son and two daughters : 3. That on the days between that day and day of in the county of with R.S.: 18 and other the said C.B., at committed adultery 4. That in and during the months of January, February, and March 18 the said C.B. frequently visited the said R.S. at and on divers of such occasions committed adultery with the said R.S. Your petitioner therefore humbly prays,— That your Lordship will be pleased to decree : [Here set out the relief sought.] And that your petitioner may have such further and other relief in the premises as to your Lordship may seem meet. And your petitioner will ever pray, &c. No. 4.-FORM OF ANSWER. In Her Majesty's Court for Divorce and Matrimonial Causes. The respondent, C.B., by P.A., her proctor, solicitor, or attorney [or in person], saith, 1. That she denies that she committed adultery with R.S., as set forth in the said petition: 2. Respondent further saith, that on the day of 18 and on other days between that day and committed adultery with X.Y. [In like manner respondent is to state connivance, condonation, or other matters relied on as a ground for dismissing the petition.] Wherefore this respondent humbly prays, That your Lordship will be pleased to reject the prayer of the said petition, and decree, &c. And this respondent will ever pray, &c. No. 5.-ENTRY OF AN APPEARANCE. In Her Majesty's Court for Divorce and Matrimonial Causes. A.B., Petitioner. C.B., Respondent. The respondent, C.B., appears in person [or E.F., proctor, solicitor, or attorney for C.B., appears for the respondent]. [Here insert the address required by Rule No. 13.] day of Entered this 18 No. 5.-FORM OF SUBPOENA AD TESTIFICANDUM. VICTORIA, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to [names of all witnesses included in the subpæna], Greeting. We command you and every of you to be and appear in your proper persons before [insert the name of the Judge], Judge-Ordinary of our Court for Divorce and Matrimonial Causes, at on day of of the 18 by the clock in the forenoon of the same day, and so from day to day until the cause or proceeding is tried, to testify the truth, according to your knowledge, in a certain cause now in our court before our said Judge depending [or now before our said court depending], between A.B., petitioner, and C.B., respondent [or in a certain cause or proceeding now in our court before our said Judge depending (or now before our said court depending), in default of the appearance of ], on the part of the [petitioner or respondent, or as the case may be], and at the aforesaid day between the parties aforesaid to be tried [or in default as aforesaid, between the parties aforesaid to be tried]. And this you nor any of you shall in nowise omit, under the penalty of every of you of £100. Witness [insert the name of the Judge], at the Court for Divorce and Matrimonial Causes, the day of year of our reign. 18 (Signed) in the E. F., Registrar. No. 7.-PRÆCIPE FOR SUBPOENA AD TESTIFICANDUM. In Her Majesty's Court for Divorce and Matrimonial Causes. Subpoena of [insert witnesses' names], to testify between A.B., petitioner, and C.B., respondent, on the part of the petitioner [or respondent]. (Signed) SA.B. SP.A., petitioner's [or respondent's] proctor, solicitor, or attorney. No. 8. SUBPOENA DUCES TECUM. by on VICTORIA, by the grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to [names of all parties included in the subpoena], Greeting. We command you and every of you to be and appear in your proper persons before [insert the name of the Judge], Judge-Ordinary of our Court for Divorce and Matrimonial Causes, [or before our said court, as the case may be], at the day of of the clock in the forenoon of the same day, and so from day to day until the cause or proceeding is heard, and also that you bring with you, and produce at the time and place aforesaid [here describe shortly the deeds, letters, papers, &c. required to be produced], then and there to testify and show all and singular those things which you or either of you know, or the said deed or instrument doth import, of and concerning a certain cause or proceeding now in our said court before our said Judge-Ordinary [or now before our said court, as the case may be] depending, between A.B., petitioner, and C.B., respondent [or in a certain cause or proceeding now in our said court before our said Judge-Ordinary (or now before our said court) depending, in default of the appearance of ], on the part of the petitioner [or respon dent], and on the aforesaid day between the parties aforesaid to be tried. And this you nor any of you shall in nowise omit, under the penalty of every of you of £100. Witness [insert the name of the Judge], at our Court for Divorce and Matrimonial Causes, the year of our reign. day of 18 in the (Signed) E. F., Registrar. No. 9.-PRÆCIPE FOR SUBPOENA DUCES TECUM, In Her Majesty's Court for Divorce and Matrimonial Causes. Subpoena for to testify and produce, &c. between A.B., petitioner, and C.B., respondent, on the part of the petitioner [or respondent]. SP.A., petitioner's [or respondent's] proctor, solicitor, or attorney. No. 10.-NOTICE TO ADMIT DOCUMENTS A.B. v. C.B. In Her Majesty's Court for Divorce and Matrimonial Causes. Take notice, that the petitioner in this cause proposes to ad respondent duce in evidence the several documents hereunder specified, and that the same be inspected by the respondent respondent -is hereby required, within forty-eight hours from petitioner the last-mentioned hour, to admit that such of the said docu ments as are specified to be originals were respectively written, signed, or executed as they purport respectively to have been, that such as are specified to be copies are true copies, and that such documents as are stated to have been served, sent, or delivered were so served, sent, or delivered respectively, saving all just exceptions to the admissibility of all such documents as evidence in the cause. or to E.F., proctor, solicitor, or S To {C.B.} attorney for JA.B.1 or G.H. proctor, solicitor, or (Signed) {A.B.}° [Here describe the documents.] No. 11.-FORM OF RECORD. In Her Majesty's Court for Divorce and Matrimonial Causes. The A.B. v. C.B. day of 18. A.B. did, in his petition presented in this cause, allege that C.B. did, to wit on the adultery with R.S. day of 18 [Here insert the allegations of the petition.] commit C.B. did, in answer thereto, deny [insert the denial and any other necessary matters contained in the answer]. Whereupon the said A.B. denied that [here insert the substance of the replication if any, and so on for the further statements, if any]. Therefore let a jury come. No. 12.-PETITION FOR ALIMONY. To the Judge-Ordinary of Her Majesty's Court for Divorce and Matrimonial Causes. C.B. v. A.B. The day of The petition of C.B., the lawful wife of A.B., showeth,— 1. That the said A.B. has for many years carried on the business of at derives the net annual income of £ 2. That the said A.B. holds and from such business : shares of the Railway Company, amounting in value to £ 3. That the said A.B. is possessed of stock-in-trade in his said : [And so on for any other faculties which the husband may possess.] Your petitioner therefore humbly prays,— That your Lordship will be pleased to decree her such sum or sums of money by way of alimony pendente lite [or permanent alimony] as to your Lordship shall seem meet. And your petitioner will ever pray, &c. |