636
THE NEW ZEALAND GAZETTE.

as to the mode of hearing or trial have been given, -
otherwise when the same are given, ascertain and
report to the Court what is a sufficient sum of
money to be paid into the Court, or what is a
sufficient security to be given by the husband to
cover the costs of the wife of and incidental to the
hearing or trial of the cause. (Form of Bond for
securing a Wife's Costs of Hearing or Trial of a
Cause, Appendix, No. 20.)
157. When on the hearing or trial of a cause, the
decision of the Judge or the verdict of a Jury is
against the wife, no costs of the wife of and incidental
to such hearing or trial shall be allowed as against
the husband, except such as shall be applied for and
ordered to be allowed by the Judge, at the time of
such hearing or trial.

Summons.
158. A summons may be taken out by any person
in any matter of suit depending in the Court under
"The Divorce and Matrimonial Causes Act, 1867;"
provided there is no rule or practice requiring a
different mode of proceeding.
159. The name of the cause or matter, and of the
agent taking out the summons, is to be entered in
the Proceedings Book, and a true copy of the sum-
mons is to be served on the party summoned one
clear day at least before the summons is returnable,
and before seven o'clock p.m. On Saturdays the
copy of the summons is to be served before two
o'clock p.m.
160. On the day and at the hour named in the
summons, the party taking out the same is to present
himself with the original summons at the Judge's
Chambers or elsewhere appointed for hearing the
same.
161. Both parties will be heard by the Judge, who
will make such order as he may think fit; and a
minute of such order will be made by the Registrar
in the Minute and Proceedings Book.
162. If the party summoned do not appear after
the lapse of half an hour from the time named in the
summons, the party taking out the summons shall be
at liberty to go before the Judge, who will thereupon
make such order as he may think fit.
163. An attendance on behalf of the party sum-
moned for the space of half an hour, if the party
taking out the summons do not during such time
appear, will be deemed sufficient, and bar the party
taking out the summons from the right to go before
the Judge on that occasion.
164. If a formal order is desired, the same may be
had on the application of either party; and for that
purpose the original summons, or the copy served on
the party summoned, must be filed in the Registrar's
Office. An order will thereupon be drawn up and
delivered to the person filing such summons or copy.
165. If a summons is brought to the Registrar's
office, with consent to an order indorsed thereon
signed by the party summoned or by his or her
solicitor, an order will be drawn up without the
necessity of going before the Judge: Provided that
the order sought is in the opinion of the Registrar
one which under the circumstances would be made
by the Judge.
166. The same rules and regulations shall, so far
as applicable, be observed in respect to summonses
which may be heard and disposed of by the Registrar.

Payment of Money out of Court.
167. Persons applying for payment of money out
of Court are to bring into the Registrar's Office a
notice in writing setting forth the day on which the
money applied for was paid into the Registrar's Office,
the minute entered in the Court books on receiving
the same, the date and particulars of the order for
payment to the applicant. In case the money ap-

plied for be in payment of costs, the notice must also
set forth the date of filing the bill for taxation, and
of the Registrar's certificate.
168. The above notice must be deposited in the
Registrar's Office two clear days at least before the
money is paid out, and is in that interval to be
examined by the Registrar or a clerk with the original
entries in the Court books, and the bills of costs
referred to in it, and certified by such clerk to be
correct.

APPENDIX.
Forms.

1. Petition.
2. Citation.
3. Præcipe for same.
4. Certificate of Service.
5. Affidavit of Service.
6. Entry of an Appearance.
7. Answer.
8. Questions of Fact for Jury.
9. Act on Petition, Answer, and
   Conclusion.
10. Petition for Reversal of Decree.
11. Appeal, Instrument of.
12. Affidavit in support of Motion
    for Decree.
13. Petition of Alimony.
14. Election of a Guardian.
15. Subpœna ad Testificandum.
16. Præcipe for same.
17. Subpœna duces tecum.
18. Præcipe for the same.
19. Commission or Requisition for
    the Examination of Witnesses.
20. Bond for securing Wife's Costs.

No. 1. Petition.
In the Supreme Court of New Zealand, District.
Under "The Divorce and Matrimonial Causes Act,
1867."
To
Judge
The Petition of
The
of
day of
A.D.
sheweth,
day of
then a spinster (or widow)

1. That your Petitioner was, on the
   18 lawfully married to
   at the parish church of [here state where the marriage took
   place].
2. That after his said marriage your Petitioner lived and
   cohabited with his said wife at
   and
   that your Petitioner and his said wife have had issue of their
   said marriage three children, to wit [here state the names and
   ages of the children issue of the marriage].
3. That on the
   days between that day and
   in the Province of
   18 and on other
   at
   day of
   the said
   the said committed adultery with
   months of January, February, and
   frequently visited the said
4. That in and during the
   March, 18 the said
   at and on divers of such occasions committed adultery
   with the said
   Your Petitioner therefore humbly prays that your Honor will
   be pleased to decree [here set out the relief sought] and that
   your Petitioner may have such further and other relief in the
   premises as to your Lordship may seem meet.
   (Petitioner's signature.)

No. 2. Citation.
In the Supreme Court of New Zealand,
District.
Under "The Divorce and Matrimonial Causes Act,
1867."
VICTORIA, by the Grace of God, of the United Kingdom of
Great Britain and Ireland, Queen, Defender of the Faith.
To
of
WHEREAS
of
of
in
claiming to have been lawfully
has filed his (or her) petition against
wherein
married to
in our said Court, praying for
that you have been guilty of adultery with
been guilty of cruelty towards
case may be):
the said
alleges
(or have
or as the
Now this is to command you that within eight days after
service hereof on you, inclusive of the day of such service, you
do appear in our said Court, then and there to make answer to
the said petition, a copy whereof, sealed with the seal of our
said Court, is herewith served upon you. And take notice,
that in default of your so doing, the said Court will proceed to
hear the said charge (or charges) proved in due course of law,
and to pronounce sentence therein, your absence notwithstanding.
And take further notice, that for the purpose aforesaid you are
to attend in person or by your solicitor at the Registrar's Office
at
and there to enter an appearance in a book provided
for that purpose, without which you will not be allowed to
address the Court, either in person or by counsel, at any stage
of the proceedings in the cause.
Dated at
the
day
of
186
(Signed)
Registrar.

No. 3. Præcipe for Citation.
In the Supreme Court of New Zealand,
District.
Under "The Divorce and Matrimonial Causes Act,
1867."
CITATION for
of
against
of
to