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The Provisions of 20 & 21 Vict. c. 85. and 21 & 22 Vict. c. 108. Dated the 3rd of December 1858.

Office Copies, Extracts, &c.

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 documents brought in and filed in the Court for Divorce and Matrimonial Causes, save that the length of such last-mentioned documents 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 shewn, 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.

NEW SERIES, XXVIII.-PROB. AND M.

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.

Costs.

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 of 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.

Affidavits.

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.

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SUMMONSES.

1. A summons may be taken out 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 then 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 indorsed 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 thereupon 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 appear, will be deemed sufficient, and bar the party taking out the summons from the right to go before the Judge on that occasion.

8. If a formal order is desired, the same may be had on the application of either party, and for that purpose the original summons, or the copy served on the party summoned, must be filed in the Registry. An order will thereupon be drawn up, and delivered to the person filing such summons or copy.

9. If a summons is brought to the Registry, with consent to an order, signed by the party summoned, or his proctor, solicitor, or attorney, indorsed thereon, an order will be drawn up without the necessity of going before the Judge: Provided that the order sought is in the opinion of the Registrar one which the Judge, under the circumstances, would make.

(Signed) CHELMSFORD, C.
CAMPBELL.

A. E. COCKBURN.
FRED. POLLOCK.

WM. WIGHTMAN.

ED. VAUGHAN WILLIAMS.
SAMUEL MARTIN.

C. CRESSWELL.

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FEES

TO BE TAKEN FOR THEIR OWN USE

BY THE

PROCTORS, SOLICITORS, AND ATTORNIES

Practising in Her Majesty's Court for Divorce and Matrimonial Causes.

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Service of citation, petition, or subpoena, if within two miles of the place of business of the practitioner, or of the

Instructions for citations, petitions, answers, or other pleadings, for interrogatories, special affidavits, or applications for an order for protection of a wife's earnings and property

Ditto to defend suit

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£. s. d.

068

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0 13 4

Ditto for brief, or case for hearing If there are several witnesses examined, and the brief or case is necessarily long, an additional fee will be allowed.

Pleadings.

Drawing and engrossing petition, if ten folios of seventy-two words or under, including a copy to file

...

If exceeding ten folios, for every additional folio, including a copy

to file

1 0 0

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