Cases for motion... ... ... ... 145-148
Taxing bills of costs ... ... ... ... 149-155
Wife's costs ... ... ... ... ... 156-157
Summons ... ... ... ... ... 158-166
Payment of money out of Court ... ... 167-168
Appendix of Forms.

THE NEW ZEALAND GAZETTE. 629

Sittings of the Court and Judges under the Act.

1. Each Judge shall give a notice, to be published
   in the Government Gazette (a copy whereof shall be
   fixed up in the office of each Registrar and Deputy-
   Registrar in the Judicial District of such Judge), of
   the times at which he will sit in Court and in Chambers
   for the despatch of business under the Act: Provided
   that he may sit at such other times, either in Court
   or Chambers, as he may deem expedient, without any
   previous notice or publication.

2. The Judges shall cause public notice to be given
   from year to year, of the times and places at which
   three or more of them will sit to hear and determine
   petitions for the dissolution or for a sentence of
   nullity of marriage, under section 60 of the Act; at
   which also motions before the full Court to make
   absolute rules nisi for a new trial under section 55,
   will be heard and determined.

Interpretation.
3. The word "Judge" shall, unless the context
show the contrary, mean the Judge to whom the
Judicial District has been assigned within which any
petition has been filed, or proceedings have been taken
under the Act.

The word "Registrar" shall include "Deputy-
Registrar" of the Supreme Court.

Books to be kept.
4. Each Registrar of the Supreme Court shall keep
a book to be called "The Registrar's Minute Book
under 'The Divorce and Matrimonial Causes Act,
1867,'" wherein minutes of all proceedings shall be
entered from day to day as they occur; also, a book
to be called "The Divorce and Matrimonial Causes
Proceeding Book," in which, under the proper title
of each case, every proceeding therein, and every
appearance, every document filed, every motion or
summons, and the hearing thereof, and the order or
decree thereon, every appointment of a hearing, and
every decree or order thereon, and every other matter
and thing done in Court or at Chambers, or in the
Registrar's Office, shall be entered in chronological
order, with the dates thereof, as they shall occur.

Petition.
5. Proceedings before the Supreme Court under
"The Divorce and Matrimonial Causes Act, 1867,"
shall be commenced by filing a petition. (Form,
Appendix No. 1.)

6. Every petition shall be accompanied by an
   affidavit made by the petitioner, verifying the facts
   of which he or she has personal cognizance, and
   deposing as to belief in the truth of the other facts
   alleged in the petition; and such affidavit shall be
   filed with the petition.

7. In cases where the petitioner is seeking a decree
   of nullity of marriage, or of judicial separation, or of
   dissolution of marriage, or a decree in a suit of
   jactitation of marriage, the petitioner's affidavit filed
   with his or her petition shall further state that no
   collusion or connivance exists between the petitioner
   and the other party to the marriage or alleged
   marriage.

Co-Respondents.
8. Upon a husband filing a petition for dissolution
of marriage on the ground of adultery, the alleged
adulterers shall be made co-respondents in the cause,
unless the Judge shall otherwise direct.

9. Application for such direction is to be made to
   the Judge on motion or summons, founded on
   affidavit.

10. If the names of the alleged adulterers or either
    of them should be unknown to the petitioner at
    the time of filing his petition, the same must be
    supplied as soon as known, and application must be
    made forthwith to the Registrar to amend the petition
    by inserting such name therein; and the Registrar
    to whom the application is made shall give his
    directions as to such amendment, and such further
    directions as he may think fit as to service of the
    amended petition.

11. The term "respondent," where the same is
    hereinafter used, shall include all co-respondents so
    far as the same is applicable to them.

Citation.
12. Every petitioner who files a petition and
affidavit shall forthwith extract a citation under seal
of the Court for service on each respondent in the
cause. (Form, Appendix No. 2.)

13. Every citation shall be written or printed on
    parchment, and the party extracting the same, or his
    or her solicitor, shall take it, together with a præcipe,
    to the Registrar's Office, and there deposit the
    præcipe, and get the citation signed and sealed.
    (Form of Præcipe, Appendix No. 3.) The address
    given in the præcipe must be within three miles of
    the Registrar's Office.

Service.
14. Citations are to be served personally when that
can be done.

15. Service of a citation shall be effected by
    personally delivering a true copy of the citation to
    the party cited, and producing the original if
    required.

16. To every person served with a citation shall be
    delivered, together with the copy of the citation, a
    certified copy of the petition under seal of the Court.

17. In cases where personal service cannot be
    effected, application may be made by motion or
    summons to the Judge, or to the Registrar in his
    absence, to substitute some other mode of service.

18. After service has been effected, the citation,
    with a certificate of service endorsed thereon, shall be
    forthwith returned into and filed in the Registrar's
    Office. (Form of Certificate, Appendix No. 4.)

19. When it is ordered that a citation shall be
    advertised, the newspapers containing the advertise-
    ments are to be filed in the Registrar's Office with
    the citation.

20. The above Rules, so far as they relate to the
    service of citations, are to apply to the service of all
    other instruments requiring personal service.

21. Before a petitioner can proceed, after having
    extracted a citation, an appearance must have been
    entered by or on behalf of the respondents; or it must
    be shown, by affidavit filed in the Registrar's Office,
    that they have been duly cited, and have not
    appeared.

22. An affidavit of service of a citation must be
    substantially in the Form given in the Appendix
    (No. 5); and the citation referred to in the affidavit
    must be annexed to such affidavit, and marked by the
    person before whom the same is sworn.

Appearance.
23. All appearances to citations are to be entered
in the Proceedings Book, according to the Form of
Entry in the Appendix No. 6.

24. An appearance may be entered at any time
    before a proceeding has been taken in default, or
    afterwards, as hereinafter directed, or by leave of the
    Judge, or of the Registrar in his absence, to be
    applied for by motion or summons founded on
    affidavit.

25. Every entry of an appearance shall be accom-
    panied by an address within three miles of the
    Registrar's Office.