630

THE NEW ZEALAND GAZETTE.

26. If a party cited wishes to raise any question
    as to the jurisdiction of the Court, he or she must
    enter an appearance under protest, and within eight
    days file in the Registrar's Office his or her act on
    petition, in extension of such protest, and on the
    same day deliver a copy thereof to the petitioner.
    After the entry of an absolute appearance to the
    citation, a party cited cannot raise any objection as
    to jurisdiction.

Interveners.
27. Application for leave to intervene in any cause
must be made to the Judge by motion or summons.
28. Every party intervening must join in the pro-
ceedings at the stage in which he finds them, unless
it is otherwise ordered by the Judge.

Suits in Formâ Pauperis.
29. Any person desirous of prosecuting a suit in
formâ pauperis is to lay a case before Counsel, and
obtain an opinion that he or she has reasonable
grounds for proceeding.
30. No person shall be admitted to prosecute a suit
in formâ pauperis without the order of the Judge; and
to obtain such order the case laid before Counsel, and
his opinion thereon, with an affidavit of the party or
of his or her solicitor that the said case contains a full
and true statement of all the material facts, to the best
of his or her knowledge and belief, and an affidavit of
the party applying as to his or her income or means of
living, and that he or she is not worth £50 after pay-
ment of his or her just debts, save and except his or
her wearing apparel, shall be produced at the time
such application is made.
31. Where a husband admitted to sue as a pauper
neglects to proceed in a cause, he may be called upon
by summons to show cause why he should not pay
costs, though he has not been dispaupered, and why
all further proceedings should not be stayed until such
costs be paid.

Answer.
32. Each respondent who has entered an appear-
ance may, within twenty-one days after service of
citation on him or her if he or she resides within
twenty miles of the Registrar's Office, or within
twenty-eight days if he or she resides more than
twenty but within fifty miles of such office, or within
thirty-five days if he or she resides more than fifty
miles from such office, file an answer to the petition.
(Form of Answer, Appendix No. 7.)
33. Each respondent shall, on the day he or she
files an answer, deliver a copy thereof to the petitioner,
or to his or her solicitor.
34. Every answer, which contains matter other than
a simple denial of the facts stated in the petition,
shall be accompanied by an affidavit made by the
respondent, verifying such other additional matter so
far as he or she has personal cognizance thereof, and
deposing as to his or her belief in the truth of the
rest of such other or additional matter; and such
affidavit shall be filed with the answer.
35. In cases involving a decree of nullity of
marriage, or of judicial separation, or of dissolution
of marriage, or a decree in a suit of jactitation of mar-
riage, the respondent, who is husband or wife of the
petitioner, shall, in the affidavit filed with the answer,
further state that there is not any collusion or con-
nivance between the deponent and the petitioner.

Further Pleadings.
36. Within fourteen days from the filing and
delivery of the answer, the petitioner may file a reply
thereto; and the same period shall be allowed for
filing any further pleading by way of rejoinder, or any
subsequent pleading.
37. A copy of every reply and subsequent pleading
shall, on the day the same is filed, be delivered to the
opposite parties, or to their solicitor.

General Rules as to Pleading.
38. Either party desiring to alter or amend any
pleading must apply by motion to the Court, or by
summons to a Judge at Chambers, for permission to
do so, unless the alteration or amendment be merely
verbal, or in the nature of a clerical error, in which
case it may be made by order of the Judge, or the
Registrar in his absence, obtained on summons.
39. When a petition, answer, or other pleading
has been ordered to be altered or amended, the time
for filing and delivering a copy of the next pleading
shall be reckoned from the time of the order having
been complied with.
40. A copy of every pleading, showing the altera-
tions and amendments made therein, shall be de-
livered to the opposite parties on the day such
alterations and amendments are made in the plead-
ings filed in the Registrar's Office; and the opposite
parties, if they have already pleaded in answer
thereto, shall be at liberty to amend such answer,
within four days, or such further time as may be
allowed for the purpose.
41. If either party in the cause fail to file or
deliver a copy of the answer, reply, or other plead-
ing, or to alter or amend the same, or to deliver a
copy of any altered or amended pleading, within the
time allowed for the purpose, the party to whom the
copy of such answer, reply, or other pleading, or
altered or amended pleading, ought to have been
delivered, shall not be bound to receive it; and such
answer, reply, or other pleading shall not be filed
or be treated, or considered as having been filed, or
be altered or amended, unless by order of the Judge,
or of the Registrar, to be obtained on summons.
The expense of obtaining such order shall fall on the
party applying for it, unless the Judge or Registrar
shall otherwise direct.
42. Applications for further particulars of matters
pleaded are to be made to the Judge, or to the
Registrar in his absence, by summons and not by
motion.

Service of Pleadings, &c.
43. It shall be sufficient to leave all pleadings and
other instruments, personal service of which is not
expressly required by these Rules, at the respective
addresses furnished by or on behalf of the several
parties to the cause.

Mode of Trial.
44. When the pleadings, on being concluded, have
raised any questions of fact, the petitioner, within
fourteen days from the filing of the last pleading, or
at the expiration of that time, on the next day
appointed for sittings in Chambers, or in case the
petitioner shall fail to do so at such time, either of
the respondents on whose behalf such questions have
been raised, may apply to the Judge, by motion or
summons; and the Judge shall, on hearing the parties,
decide whether the case shall be heard before the
Court on the facts, or whether the same shall be
tried by a Jury; and if so, whether by a Common
or a Special Jury; and he shall appoint the time and
place at which such trial shall take place, and make
such order with respect to admissions and documents
as he has power to do with respect to actions not
under "The Divorce and Matrimonial Causes Act,
1867."

Questions of Fact for Jury.
45. Whenever the Judge directs the issue of fact
in a cause to be tried by a Jury, the questions of fact
raised by the pleadings are to be briefly stated in
writing by the petitioner, and settled by the Judge.
(Form, Appendix No. 8.)
46. Should the petitioner fail to prepare and de-
posit the questions for settlement in the Registrar's
Office within fourteen days after the Judge has