Page images
PDF
EPUB

are

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.
To the Judge-Ordinary of Her Majesty's Court for Divorce and

Matrimonial Causes.
The
day of

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.

[ocr errors]
[ocr errors]
[ocr errors]

"

"

...

TABLE OF FE E SI

TO BE TAKEN IN THE COURT FOR DIVORCE AND MATRIMONIAL CAUSES.

£ 8. d
On every citation ... .
On entering appearance .
Filing a petition
Filing an answer .
Filing a reply
Filing any further replication to a petition
Filing application for an order for the protection of

a wife's earnings and property ...
Filing application for discharge of such order
Filing interrogatories ... ...
Filing answer of each deponent to interrogatories
On every motion by counsel, inclusive of filing the

case for motion ... ... ...
Entering order of the court on motion ...
Summons to attend in chambers ... ...
For entering order of court on summons ...
Filing notice ...
On depositing the record ...
For the settling of the record by one of the registrars
Setting a cause down for hearing or trial ... ...
Entering sentence or final decree in a cause ...
Entering special verdict, if five folios of seventy-two
words or under

... ... ... 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 ...

[ocr errors]

Lepositing the record

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

10 26

[ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][merged small][ocr errors]

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 ...
Producing the Judge's notes ... ... ...
Bill of exceptions signed by the Judge ...
Entering on the record the finding of the jury, or

the decision of the Judge ... .,
On every subpæna
On a certificate under the hand of the Judge
On every commission issuing under seal of the

Court ... ...
Writ of attachment ...
Writ of sequestration
On lodging instrument of appeal ...
Search in Court Books, if within the last two years
If at an earlier period than within two years
In case the Court Books to be searched or the do-
·ments required are not in the Registry, in ad-

dition to the above
Filing and entry of remission of appeal ...
Filing exhibits, not exceeding ten, for each exhibit
Exceeding ten, but not exceeding twenty ... ...
Exceeding twenty, but not exceeding fifty ...
If exceeding fifty ...
Office copies of minutes, orders, or decrees, Judge's
notes or other documents filed in a cause :

If five folios of seventy-two words or under
If exceeding five folios of seventy-two words,

per folio
In case the same are under seal of the court, in

addition for the seal ...
Filing every affidavit or other document brought into

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
If exceeding three folios of seventy-two words.
When taxed as between party and party, per

folio ... ...
When taxed as between practitioner and client,

per folio
For administering oaths to each deponent ...
Examiner appointed to take evidence under a com-

mission for examination of witnesses, for each day's attendance, besides travelling expenses ...

...

"

[ocr errors][ocr errors][ocr errors][merged small][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors]

FURTHER
RULES AND REGULATIONS

MADE UNDER
The Provisisions of 20 g. 21 Vict. c. 85, and 21 8.22 Vict.c. 108.

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

« EelmineJätka »