✨ Divorce Procedure Forms
638
THE NEW ZEALAND GAZETTE.
by the Attorney-General or Solicitor-General, or by any other
person or persons whomsoever, to intervene in this case, and
that no affidavit or affidavits, instruments, or other documents
whatsoever, have been filed in this cause by the Attorney (or
Solicitor) General, or any other persons whomsoever, during such
period, or at any other period during the dependence of this
cause, in opposition to the said decree nisi being made absolute.
Sworn at, &c.
on the
day of
186 before me,
(Signature.)
No. 13. Petition for Alimony.
To
Judge of the Supreme Court of New Zealand,
District.
Under "The Divorce and Matrimonial Causes Act, 1867."
The Petition of
against
and
The
day of
186
the lawful Wife of
showeth,
- That the said
does now carry on, and has for
many years past carried on, the business of
at
and from such business he derives the net annual income of
£ - That the said
is now, or lately was, possessed of
(or entitled to) proprietary shares in the Railway
Company amounting in value to £
and yielding a clear
annual dividend of - That the said
is possessed of certain stock-in-trade
in his said business of a
of the value of £
[In same manner state particulars of any other property which
the husband may possess.]
Your Petitioner therefore humbly prays that your Honor will
be pleased to decree her such sum or sums of money by way of
alimony pendente lite (or permanent alimony) as to your Honor
shall seem meet.
No. 14. Election of Guardian.
(1.) By a Petitioner.
WHEREAS a suit is about to be instituted in the Supreme Court
of New Zealand, under "The Divorce and Matrimonial Causes
Act, 1867," on behalf of
against the wife of the
said
and
And whereas the said
is now a minor of the age of
seven years and upwards, but under the age of twenty-one
years, and therefore by law incapable of acting in his own name:
Now I, the said
do hereby make choice and elect my
natural and lawful [father] and next of kin to be my curator or
guardian for the purpose of carrying on and prosecuting the
same until a final decree shall be given and pronounced therein,
or until I shall attain the age of twenty-one years; and I
hereby appoint
of
my solicitor or attorney
to file or cause to be filed this my election for me in the Registrar's
Office of the said Court at
In witness whereof I have hereunto set my hand and seal
this
day of
in the year 186
(Signed)
(L.S.)
Signed, sealed, and delivered by
the within-named
in
the presence of
[One attesting witness.]
(2.) By a Respondent.
WHEREAS a Citation, bearing date the
day of
186 has issued under seal of the Supreme Court of New
Zealand,
District, under "The Divorce and Matrimonial
Causes Act, 1867," at the instance of
claiming to have
been lawfully married to
citing the said
to
appear in the said Court, and then and there to make answer to
a certain petition of the said
filed in the said Court:
And whereas the said
is now a minor of the age of
seven years and upwards, but under the age of twenty-one
years, and therefore by law incapable of acting in her own name:
Now I, the said
do hereby make choice of and elect
my natural and lawful [father] and next of kin to be my curator
or guardian for the purpose of entering an appearance for me
and on my behalf in the said Court, and for the purpose of
making answer for me to the said petition, and of defending me
in the said cause, and to abide for me in judgment until a final
decree shall be given and pronounced herein, or until I shall
obtain the age of twenty-one years; and I hereby appoint, &c.,
&c. [as in the last form].
Judge, depending between
Petitioner, and
Respondent [or Co-respondent, or as the case may be], and on the
aforesaid day, between the parties aforesaid, to be heard. And
this you or any of you shall by no means omit, under the penalty
on each of you of £100.
Witness [insert the name of the Judge] the
A.D. 18
(Signed)
day of
Registrar.
No. 15. Subpæna ad testificandum.
VICTORIA, by the Grace of God, of the United Kingdom of
Great Britain and Ireland, Queen, Defender of the Faith:
To [names of all witnesses included in the Subpœna to be inserted],
Greeting.
WE command you and every of you to be and appear in your
proper persons before [insert the name of the Judge], Judge of
the Supreme Court of New Zealand, acting under "The Divorce
and Matrimonial Causes Act, 1867," at
in our Colony of New Zealand, on the
day of
18 by eleven of the clock in the forenoon of
the same day, and so from day to day until the cause or pro-
ceeding is heard; and also that you bring with you and produce
at the time and place aforesaid [here describe shortly the deeds,
letters, papers, &c., required to be produced], then and there to
testify and show all and singular those things which you or
either of you know, or the said deed or instrument doth impart,
of and concerning a certain cause or proceeding now in our said
Court, before our said Judge, depending between
Petitioner, and
Respondent, and
Co-respon-
dent, on the part of the Petitioner (or the Respondent or
Co-respondent, as the case may be), and on the aforesaid day
between the parties aforesaid, to be heard: And this you or any
of you shall by no means omit, under the penalty on each of
you of £100.
Witness [insert the name of the Judge], at
the
year of our reign.
day of
18
in the
(Signed)
Registrar.
No. 16. Præcipe for Subpæna ad testificandum.
To
Judge of the Supreme Court of New Zealand, acting
under "The Divorce and Matrimonial Causes Act, 1867."
SUBPOENA for [insert witnesses' names] to testify between
Petitioner,
Respondent, and
Co-respondent, on
the part of the Petitioner (or Respondent or Co-respondent).
(Signed)
{ }
or
Petitioner's, or Respondent's,
or Co-respondent's Solicitor
or Attorney.
No. 17. Subpæna duces tecum.
VICTORIA, by the Grace of God, of the United Kingdom of
Great Britain and Ireland, Queen, Defender of the Faith:
To [Names of all parties included in the Subpæna to be in-
serted], Greeting.
WE command you and every of you to be and appear in
your proper persons before [insert the name of the Judge], Judge
of the Supreme Court of New Zealand, acting under "The
Divorce and Matrimonial Causes Act, 1867," at the Court House
at
in our Colony of New Zealand, on the
day of
18 by eleven of the clock in the forenoon of
the same day, and so from day to day until the cause or pro-
ceeding is heard; and also that you bring with you and produce
at the time and place aforesaid [here describe shortly the deeds,
letters, papers, &c., required to be produced], then and there to
testify and show all and singular those things which you or
either of you know, or the said deed or instrument doth impart,
of and concerning a certain cause or proceeding now in our said
Court, before our said Judge, depending between
Petitioner, and
Respondent, and
Co-respon-
dent, on the part of the Petitioner (or the Respondent or
Co-respondent, as the case may be), and on the aforesaid day
between the parties aforesaid, to be heard: And this you or any
of you shall by no means omit, under the penalty on each of
you of £100.
Witness [insert the name of the Judge], at
the
year of our reign.
day of
18
in the
(Signed)
Registrar.
No. 18. Præcipe for Subpæna duces tecum.
In the Supreme Court of New Zealand,
District.
Under "The Divorce and Matrimonial Causes Act,
1867."
SUBPOENA for
to testify and produce, &c.,
between
Petitioner,
Respondent, and
Co-respondent, on the part of the Petitioner (or Respondent or
Co-respondent.)
Signed
{ }
or
Petitioner's, (or Respondent's,
or Co-respondent's) Solicitor or
(Attorney.
No. 19. Commission or Requisition for Examination of
Witnesses.
District.
In the Supreme Court of New Zealand,
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 [here set forth the name and proper description of the Com-
missioner], Greeting.
WHEREAS a certain cause is now depending in our Supreme
Court of New Zealand, under "The Divorce and Matrimonial
Causes Act, 1867," between
Petitioner and
Respondent (and
Co-respondent), wherein the said
has filed his petition praying for a dissolution of his
marriage with the said
[or otherwise as in the prayer
of the petition]. And whereas by an order made in the said
cause on the
day of
186 , on the application
of the said
it was ordered that a commission (or requi-
sition) shall issue under the seal of our said Court for the
examination of [here insert name and address of one of the
persons to be examined], and others, as witnesses, to be produced
on the part of the said
the Petitioner, in support of his
said petition (saving all just exceptions). Now know ye, that
we do, by virtue of this commission (or requisition) to you
directed, authorize (or request) you, within thirty days after
the receipt of this commission (or requisition), at a certain time
and place to be by you appointed for that purpose, with power
of adjournment to such other time and place as to you shall seem
convenient, to cause the said witnesses to come before you, and to
administer to the said witnesses respectively an oath truly to
answer such questions as shall be put to them by you touching
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✨ LLM interpretation of page content
⚖️
Continuation of Supreme Court Divorce Procedure Forms (Alimony, Guardian, Subpoena).
(continued from previous page)
⚖️ Justice & Law Enforcement9 November 1867
Supreme Court, Divorce, Matrimonial Causes Act 1867, Forms, Alimony, Guardian, Subpoena, Witness Examination
NZ Gazette 1868, No 73