THE NEW ZEALAND GAZETTE. 633

petition for alimony (subject to any order as to costs),
or, if no answer is filed at the expiration of the time
allowed for filing an answer, the wife may proceed to
examine witnesses in support of her petition, and
apply by motion for an allotment of alimony pending
suit; notice of the motion and of the intention to
examine witnesses being given to the husband, or to
his solicitor, four days previously to the motion being
heard and the witnesses examined, unless the Judge
shall dispense with such notice.

91. No affidavit can be read or made use of as
    evidence in support of or in opposition to the aver-
    ments contained in a petition for alimony, or in an
    answer to such a petition, or in a reply, except as
    may be required by the Judge or by the Registrar.

92. A wife who has obtained a final decree of
    judicial separation in her favour, and has previously
    thereto filed her petition for alimony pending suit,
    on such decree being affirmed on appeal to the Court
    of Appeal, or after the expiration of the time for
    appealing against the decree, if no appeal be then
    pending, may apply to the Judge by motion for
    an allotment of permanent alimony, provided that she
    shall, eight days at least before making such applica-
    tion, give notice thereof to the husband or to his
    solicitor.

93. A wife may at any time after alimony has been
    allotted to her, whether alimony pending suit or per-
    manent alimony, file her petition for an increase of
    the alimony allotted, by reason of the increased
    faculties of the husband, or the husband may file a
    petition for diminution of the alimony allotted, by
    reason of reduced faculties; and the course of pro-
    ceeding in such cases shall be the same as required
    by these Rules and Regulations in respect of the
    original petition for alimony and the allotment
    thereof, so far as the same are applicable.

94. Permanent alimony shall, unless otherwise
    ordered, commence and be computed from the date
    of the final decree of the Judge or Judges, or of the
    Court of Appeal, as the case may be.

95. Alimony pending suit, and also permanent
    alimony, shall be paid to the wife, or to some person
    or persons to be nominated in writing by her, and
    approved of by the Court, as trustee or trustees on
    her behalf.

Maintenance and Settlements.

96. Applications to the Court to exercise the
    authority given by sections 27, 37, and 38 of the Act,
    are to be filed in a separate petition, which must,
    unless by leave of the Judge, be filed as soon as by
    the said Act such application can be made, or within
    one month thereafter.

97. In cases of application for maintenance under
    section 27, such petition may be filed as soon as a
    decree nisi has been pronounced, but not before.

98. A certified copy of such petition, under seal of
    the Court, shall be personally served on the husband
    or wife (as the case may be); and on the person or
    persons who may have any legal or beneficial interest
    in the property in respect of which the application is
    made; unless the Judge, on motion or summons, shall
    direct any other mode of service, or dispense with
    service of the same on them or either of them.

99. The husband or wife (as the case may be), and
    the other person or persons (if any) who are served
    with such petition, within fourteen days after service,
    may file his, her, or their answer or answers on oath
    to the said petition; and shall on the same day
    deliver a copy thereof to the opposite party, or to his
    solicitor.

100. Any person served with the petition, not being
     a party to the principal cause, must enter an appear-
     ance before he or she can file an answer thereto.

101. Within fourteen days from the filing the
     answer, the opposite party may file a reply thereto;
     and the same period shall be allowed for filing any
     further pleading by way of rejoinder.

102. Such pleadings, when completed, shall in the
     first instance be referred to the Judge, or the
     Registrar in his absence, who shall investigate the
     averments therein contained in the presence of the
     parties, or their solicitors, and who for that purpose
     shall be at liberty to require the production of any
     documents referred to in such pleadings, or to call
     for any affidavits; and the Registrar shall report in
     writing to the Court the result of the investigation,
     and any special circumstances to be taken into con-
     sideration with reference to the prayer of the
     petition.

103. The report of the Registrar shall be filed in
     the Registrar's Office by the husband or wife, on
     whose behalf the petition has been filed, who shall give
     notice thereof to the other parties who have been
     heard; and either of the parties, within fourteen days
     after such notice has been given, or on the first day
     appointed for sittings in Court or at Chambers after
     the expiration of fourteen days, may be heard by the
     Judge on motion in objection to the Registrar's
     report, or may apply on motion or summons in objec-
     tion to the Registrar's report, or may apply on motion
     or summons for a decree or order to confirm the same,
     and to carry out the prayer of the petition.

104. The costs of a wife of and arising from the
     said petition or answer, shall not be allowed, on
     taxation of costs, against the husband before the final
     decree in the principal cause, without direction of
     the Judge.

Custody of and Access to Children.

105. Before the trial or hearing of a cause, a
     husband or wife who is party to it may apply for an
     order with respect to the custody, maintenance, or
     education of, or for access to children (issue of their
     marriage), to the Judge, by motion or summons,
     founded on affidavit.

Guardians to Minors.

106. A minor above the age of seven years may
     elect any one or more of his or her next of kin or
     next friend as guardian, for the purpose of proceeding
     on his or her behalf as petitioner, respondent, or
     intervener in a cause. (Form of an Instrument of
     Election, Appendix No. 14.)

107. The necessary instrument of election must be
     filed in the Registrar's Office before the guardian
     elected can be permitted to extract a citation or to
     enter an appearance on behalf of the minor.

108. When a minor shall elect some person or
     persons other than his or her next of kin, as guardian
     for the purpose of a suit, or when an infant (under
     age of seven years) becomes a party to a suit, applica-
     tion founded on affidavit is to be made to the
     Registrar, who will assign a guardian to the minor or
     infant for such suit.

109. It shall not be necessary for a minor who, as
     an alleged adulterer, is made a co-respondent in a
     suit, to elect a guardian, or to have a guardian
     assigned to him for the purpose of conducting his
     defence.

Subpœnas.

110. Every subpæna shall be written or printed on
     parchment, and may include the names of any number
     of witness. The party issuing the same, or his or her
     solicitor, shall take it, together with a præcipe to the
     Registrar's Office, and there get it signed and sealed,
     and there deposit præcipe. (Forms of Subpœna,
     Appendix Nos. 15 and 17; and Forms of Præcipe,
     Nos. 16 and 18.)

Writs of Attachment and other Writs.

111. Application for writs of attachment and also
     for writs of fieri facias and of sequestration, must be
     made to the Judge by motion or summons.