THE NEW ZEALAND GAZETTE. 631

directed the mode of trial, either of the respondents
on whose behalf such questions have been raised
shall be at liberty to do so.
47. After the questions have been settled by the
Judge or Registrar, the party who has deposited the
same shall deliver a copy thereof as settled to each
of the other parties to be heard on the trial of the
cause; and either of such parties shall be at liberty to
apply to the Judge by summons within eight days,
or at the expiration of that time on the next day
appointed for the Judge sitting in Chambers to alter
or amend the same and his decision shall be final.

Setting down the cause for Trial or Hearing.
48. In cases to be tried by a Jury, the petitioner,
after the expiration of eight days from the delivery
of copies of the questions for the Jury to the opposite
parties, or from alteration or amendment of the same
in pursuance of the order of the Judge, shall file
such questions as finally settled, in the Registrar's
Office, and at the same time set the cause down as
ready for trial on the day appointed by the Judge;
and, on the same day, give notice of his having done
so to each party for whom an appearance has been
entered.
49. In cases to be heard without a Jury, the
petitioner shall, after obtaining directions as to the
mode of hearing, set the cause down for hearing, and,
on the same day, give notice of his having done so to
each party in the cause for whom an appearance
has been entered.
50. If the petitioner fail to file the questions
for the Jury, or to set down the cause for trial
or hearing, or to give due notice thereof for the
space of one month after directions have been given
as to the mode in which the cause shall be tried
or heard, either of the respondents entitled to be
heard at such trial or hearing may file the questions
for the Jury, and set the cause down for trial or
hearing, and shall, on the same day, give notice
of having done so to the petitioner, and to each
of the other parties to the cause for whom an ap-
pearance has been entered.
51. A copy of every notice of the cause being
set down for trial or hearing shall be filed in the
Registrar's Office; and the cause shall come on in
its turn, unless the Judge shall otherwise direct.

Entering Verdict at Trial.
52. The Registrar shall enter in "The Registrar's
Minute Book, under 'The Divorce and Matrimonial
Causes Act, 1867," the finding of the Jury and the
decree of the Court, and shall sign the same.

Hearing Parties without Answer, as to Costs and
Custody of Children.
53. Either of the respondents in the cause, after
entering an appearance, without filing an answer to
the petition in the principal cause, may be heard
in respect of any question as to costs; and the
respondent who is husband or wife of the petitioner
may be heard also in respect to any question as
to custody of children: but a respondent who may
be so heard is not at liberty to bring in affidavits
touching matters in issue in the principal cause; and
no such affidavits can be read or made use of as
evidence in the cause.

Evidence taken by Affidavit.
54. When the Judge has directed that all or
any of the facts set forth in the pleadings be proved
by affidavits, such affidavits shall be filed in the
Registrar's Office within eight days from the time
when such direction was given, unless the Judge
shall otherwise direct.
55. Counter-affidavits as to any facts to be proved
by affidavit may be filed within eight days from the
filing of the affidavits which they are intended to
answer.

56. Copies of all such affidavits and counter-
    affidavits shall, on the day the same are filed, be
    delivered to the other parties, to be heard on the
    trial or hearing of the cause, or to their solicitor.
57. Affidavits in reply to such counter-affidavits
    cannot be filed without permission of the Judge,
    or of the Registrar in his absence.
58. Application for an order for the attendance of
    a deponent for the purpose of being cross-examined
    in open Court shall be made to the Judge on
    summons, or in his absence to the Registrar.

Proceedings by Petition on collateral question.
59. Any party to a cause, who has entered an
appearance, may apply on summons to the Judge
to be heard on his petition touching any collateral
question which may arise in a suit.
60. The party to whom leave has been given to be
heard on his petition shall, within eight days, file his
act on petition in the Registrar's Office, and on
the same day deliver a copy thereof to such parties
in the cause as are required to answer thereto.
61. Each party to whom a copy of an Act on
petition is delivered shall, within eight days after
receiving the same, file his or her answer thereto
in the Registrar's Office, and on the same day
deliver a copy thereof to the opposite party; and the
same course shall be pursued with respect to the
reply, rejoinder, &c., until the act on petition is
concluded. (Form of Act on Petition, Answer, and
Conclusion, Appendix No. 9.)
62. Each party to the act on petition shall, within
eight days from that on which the last statement
in answer is filed, file in the Registrar's Office such
affidavits and other proofs as may be necessary in
support of their several averments.
63. After the time for filing affidavits and proof
has expired, the party filing the act on petition
is to set down the petition for hearing in the same
manner as a cause; and in the event of his failing to
do so within a month, any party who has filed
an answer thereto may set the same down for
hearing; and the petition will be heard in its turn
with other causes, to be heard by the Judge, without
a Jury.

New Trial or Hearing.
64. An application to the Judge for a new trial of
issue of facts tried by a Jury, or a re-hearing of
a cause, may be made by motion within four days
from the day on which the issues were tried, or
the cause was heard, if the Judge be then sitting
to hear motions; if not, on the first day appointed
either for hearing motions under the Act, or for
sitting at Chambers under the Act, after the expi-
ration of the four days.

Petition for Reversal of Decree of Judicial
Separation.
65. A petition to the Court for the reversal of
a decree of judicial separation must set out the
grounds on which the petition relies. (Form, Ap-
pendix No. 10.)
66. Before such a petition can be filed, an appear-
ance on behalf of the party praying for a reversal of
the decree of judicial separation must be entered
in the cause in which the decree has been pro-
nounced.
67. A certified copy of such petition, under the
seal of the Court, shall be delivered personally to
the party in the cause in whose favour the decree has
been made, who may, within fourteen days, file an
answer thereto in the Registrar's Office, and shall,
on the day on which the answer is filed, deliver
a copy thereof to the other party in the cause, or
to his or her solicitor.
68. All subsequent pleadings and proceedings
arising from such petition and answer shall be filed