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No. 13.-FORM OF APPLICATION UNDER SECT. 21. To the Judge-Ordinary of the Court for Divorce and Matri.
monial Causes. The application of C.B., of , the lawful wife of A.B.,
showeth,That on the day of she was lawfully married
to A.B. at That she lived and cohabited with the said A.B. for
years at , and also at , and hath had children, issue of her said marriage, of whom now living with the applicant, and wholly dependent upon her earnings : That on or about
the said A.B., without any reasonable cause, deserted this applicant, and hath ever since
remained separate and apart from her : That since the desertion of her said husband this applicant hath maintained herself by her own industry (or on her own property, as the case may be], and hath thereby and otherwise acquired certain property, consisting of [here state
generally the nature of the property]. Wherefore she prays an order for the protection of her earnings and property acquired since the day of from the said A.B., and from all his creditors and persons claiming under him.
No. 14.-PETITION FOR REVERSAL OF DECREE.
18 . The petition of A.B., of
showeth,1. That your petitioner was on the day of
lawfully married to 2. That on the
day of your Lordship, at the petition of
, pronounced a decree affecting this petitioner, to the effect following; to wit:
[Here set out the decree.] 3. That such decree was obtained in the absence of your petitioner, who was then residing at
State facts tending to show that the petitioner did not know of the proceedings; and further, that had he known he might have offered a sufficient defence.]
or That there was reasonable ground for your petitioner leaving his said wife, for that his said wife
[Here state any legal grounds justifying the petitioner's
separation from his wife.] Your petitioner therefore humbly prays,
That your Lordship will be pleased to reverse the said decree. And your petitioner will ever pray, &c.
TABLE OF FE E SI
TO BE TAKEN IN THE COURT FOR DIVORCE AND MATRIMONIAL CAUSES.
£ 8. d
a wife's earnings and property ...
case for motion ... ... ...
... ... ... If exceeding five folios, per folio of seventy-two
words ... Entering decree or order in pursuance of a written
judgment from the Judge of an Ecclesiastical Court
0 10 0 Entering any decree or order for alimony ... 0 5 0 Entering order directing how damages shall be applied ... ... ... ... ... ...
0 5 0 Entering order providing for custody, maintenance,
or education of children, if two folios of seventy
two words or under ... ... ... ... Entering order for the settlement of wife's property,
if two folios of seventy-two words or under If either of the above orders exceed five folios, for each additional folio
0 2 0 Entering any minute, order, or decree in the Court
Book other than the decrees or orders before di specified ... ... ... ... ... ; "", See additional table of fees, post, page ....12,&C ...
Lepositing the record
On withdrawl of a cause after same is set down for hearing, to be paid by the party at whose instance
it is withdrawn ... ... ... ... ... On the hearing or trial of a cause :
From the plaintiff ...
From the defendant or defendants If the hearing or trial continues more than one day, for each day :
From the plaintiff ...
From the defendant or defendants ...
the decision of the Judge ... .,
Court ... ...
dition to the above
If five folios of seventy-two words or under
addition for the seal ...
Court or deposited in the registry for filing which
no fee is before specified Taxing every bill of costs :
If three folios of seventy-two words or under
folio ... ...
mission for examination of witnesses, for each day's attendance, besides travelling expenses ...
Office Copies, Extracts, gc. 1. The Registrars of the Court of Probate are to have the custody of all pleadings and other documents now or hereafter to be brought in and filed in any matter or suit depending in the court for Divorce and Matrimonial causes; and all Rules and Orders, and fees payable in respect of searches for and inspection or copies of and extracts from and attendances with documents deposited in the Registry of the Court of Probate, shall extend to such pleadings and other dscuments brought in and filed in the Court for Divorce and Matrimonial Causes, save that the length of such last-mentioned docnments shall in all cases be computed at the rate of 72 words per folio.
2. Office copies of documents furnished from the Registry of the Court of Probate will not be collated with the originals from which the same are copied unless specially required. Every copy so required to be examined shall be certified under the hand of one of the Principal Registrars of the Court of Probate to be an examined copy.
Proceedings in Causes. 3. In order to prevent the time limited for bringing in answers and other pleadings and proceedings from expiring before application can be made to the Judge Ordinary for an extension thereof, any one of the principal registrars of the Court of Probate may, upon reasonable cause being shown, extend the time for bringing in such answer or other pleading or proceeding, provided that such time shall in no case be extended beyond the day upon which the Judge Ordinary shall next sit in open court or in chambers.
4. No cause is to be called on for hearing or trial until after the expiration of ten days from the day when the same has been set down as ready for hearing or trial, and notice thereof has been given, save with consent of all parties to the suit.
5. The time fixed by these rules and regulations, or by former rules and regulations made under the provisions of 20 & 21 Vict. c. 85, for bringing in petitions, answers, and pleadings, or for any other proceeding in a cause depending in the court for Divorce and Matrimonial Causes, shall in all cases be exclusive of Sundays.
6. When an appointment has been made by a registrar of the Court of Probate for taxing any bill of costs, and one party only attends at the time appointed, the registrar may nevertheless proceed to tax the bill after the expiration of a quarter of an hour, upon being satisfied by affidavit that due notice o the time appointed was served on the other party.
7. If more than one-sixth is deducted from any bill of costs taxed as between practitioner and client, the costs incurred in the taxation thereof shall be deducted from the sum allowed on taxation, if so much remains due, otherwise the same shall be paid by the practitioner to the client.
Afidavits. 8. No affidavit will be admitted in any matter depending in the court for divorce and matrimonial causes in which any material part is written on an erasure.
SUMMONSES. 1. A summons may be taken ont by any person and in any matter or suit depending in the court for divorce and matrimonial causes.
2. A printed form must be obtained and filled up with the object of the summons. It must tnen be taken into the registry, where the blank left in the printed form for the time when the summons is to be made returnable, will be filled up, and the signature of the registrar will be obtained.
3. The name of the cause or matter, and of the agent taking out the summons is then to be entered in a book to be called the summons book, and the summons returned to the applicant, who is to serve a copy on the party to be summoned. This copy (except in cases where the consent of the party to be served has been obtained and endorsed on the summons) must be served one clear day at least before the summons is returnable, and before 7 p.m. On Saturdays the copy of the summons is to be served before 2 p.m.
4. On the day and at the hour named in the summons the party issuing the same is to present himself with the original summons at the Judge's chambers
5. Both parties will be heard by the Judge, who will make such order as he may think fit, and a minute of such order will be made by the registrar in the summons book.
6. If the party summoned do not appear after the lapse of half an hour from the time named in the summons, the other party shall be at liberty to go before the Judge, who will there.. upon make such order as he may think fit.
7. An attendance on behalf of the party summoned for the space of half an hour, if the other party do not during such time