632
THE NEW ZEALAND GAZETTE.

and carried on in the same manner as before directed
in respect of an original petition for judicial sepa-
ration and answer thereto, so far as such directions
are applicable.

Demurrer.

69. All demurrers are to be set down for hearing
    in the same manner as causes, and will come on in
    their turn with other causes to be heard by the
    Judge without a Jury, unless the Judge shall direct
    otherwise.

Intervention of the Attorney-General.

70. The Attorney-General, or, in case of a vacancy
    in that office, the Solicitor-General, if he shall think
    fit to oppose any petition which he has by law a
    right to oppose, shall, within fourteen days after
    he has received a copy of the petition, enter an
    appearance and plead to the petition, and on the day
    he files his plea in the Registrar's Office shall deliver
    a copy thereof to the petitioner, or to his or her
    solicitor.

71. All subsequent pleadings and proceedings in
    respect to the Attorney or Solicitor General's inter-
    vention in any cause shall be filed and carried on
    in the same manner as before directed in respect
    of the pleadings and proceedings of the original
    parties to the cause.

Showing cause against a Decree Nisi for Disso-
lution.

72. Any person wishing to shew cause against
    making absolute a decree nisi for dissolution of a
    marriage shall enter an appearance in the cause in
    which such decree nisi has been pronounced.

73. Every such person shall at the time of entering
    an appearance, or within four days thereafter, file
    affidavits setting forth the facts upon which he relies.

74. Upon the same day on which such person files
    his affidavits, he shall deliver a copy of the same
    to the party in the cause in whose favour the decree
    nisi has been pronounced.

75. The party in the cause in whose favour the
    decree nisi has been pronounced may, within eight
    days after delivery of the affidavits, file affidavits
    in answer, and shall, upon the day such affidavits are
    filed, deliver a copy thereof to the person showing
    cause against the decree being made absolute.

76. The person showing cause against the decree
    nisi being made absolute may, within eight days, file
    affidavits in reply, and shall, upon the same day,
    deliver copies thereof to the parties supporting the
    decree nisi.

77. No affidavits are to be filed in rejoinder to the
    affidavits in reply without permission of the Judge,
    or the Registrar in his absence.

78. The questions raised on such affidavits shall be
    argued before the full Court (See section 55)-in
    such manner and at such time as the Judge may on
    application by motion or summons direct; and if he
    thinks fit to direct any controverted questions of fact
    to be tried by a jury, the same shall be settled and
    tried in the same manner and subject to the same
    rules as any issues tried in the Court.

Appeals to the Court of Appeal.

79. An appeal to the Court of Appeal from a
    decision of one or more Judges must be asserted in
    writing, and the instrument of appeal filed in the
    Registrar's Office within the time allowed by law
    for appealing from such decision; and on the same
    day on which the appeal is filed notice thereof and a
    copy of the appeal shall be delivered to each respon-
    dent in the appeal, or to his or her solicitor. (Form
    of Instrument of Appeal, Appendix No. 11.)

80. The appellant, within ten days after filing his
    instrument of appeal, or within such further time as
    may be allowed by the Judge, or by the Registrar in
    his absence, shall file in the Registrar's Office his
    case in support of the appeal, on parchment, and five
    copies thereof on paper; and on the same day de-
    liver a copy thereof to each respondent in the appeal,
    or to his or her solicitor, who within ten days from
    the time of such filing and delivery, or from such
    further time as may be allowed for the purpose by
    the Judge or the Registrar in his absence, shall be at
    liberty to file in the Registrar's Office a case against
    the appeal, on parchment, and also five copies thereof
    on paper; and the respondent shall on the same day
    deliver a copy thereof to the appellant or to his
    solicitor.

81. After the expiration of ten days from the time
    when the respondent has filed his case, or if he has
    filed none, from the time allowed him for the purpose,
    the appeal shall stand for hearing at the next sitting
    of the Court of Appeal; and the case for appeal and
    the copies thereof, and the case in answer and the
    copies of the same, shall be forthwith forwarded by
    the Registrar to the Registrar of the Court of
    Appeal.

Decree Absolute for Dissolution.

82. All applications to make absolute a decree nisi
    for dissolution of a marriage must be made to the
    full Court by motion. In support of such applica-
    tions it must be shown by affidavit filed with the case
    for motion that search has been made in the proper
    books at the Registrar's Office up to within two days
    of the affidavit being filed, and that at such time no
    person had obtained leave to intervene in the cause,
    and that no appearance had been entered nor any
    affidavits filed on behalf of any person wishing to
    show cause against the decree nisi being made
    absolute; and in case leave to intervene had been
    obtained or appearance entered, or affidavits filed on
    behalf of any such person, it must be shown by
    affidavit what proceedings, if any, had been taken
    thereon; but it shall not be necessary to file a copy
    of the decree nisi. (Form of Affidavit, Appendix
    No. 12.).

Alimony.

83. The wife, being the petitioner in a cause, may
    file her petition for alimony pending suit, at any
    time after the citation has been duly served on the
    husband, or after order made by the Judge to
    dispense with such service, provided the factum of
    marriage between the parties is established by
    affidavit previously filed.

84. The wife, being the respondent in a cause,
    after having entered an appearance, may also file her
    petition for alimony pending suit. (Form of Petition,
    Appendix No. 13.)

85. The husband shall, within eight days of the
    filing and delivery of a petition for alimony, file his
    answer thereto upon oath.

86. The husband, being respondent in the cause,
    must enter an appearance before he can file an
    answer to a petition for alimony.

87. The wife, if not satisfied with the husband's
    answer, may object to the same as insufficient, and
    apply to the Judge, on motion or by summons, to
    order him to give a further and fuller answer on the
    hearing of the petition for the purpose of being
    examined thereon.

88. In case the answer of the husband alleges that
    the wife has property of her own, she may (within
    eight days after delivery of the answer), file a reply
    on oath to that allegation; but the husband is not at
    liberty to file a rejoinder to such a reply without
    permission of the Judge, or of the Registrar in his
    absence.

89. A copy of every petition for alimony, answer,
    and reply, must be delivered to the opposite party,
    or to his or her solicitor, on the day the same is filed.

90. After the husband has filed his answer to the