April 26.] THE NEW ZEALAND GAZETTE. 973

32. But where such service is impracticable, the Court may, on affidavit showing the circumstances of the case and the necessity, give special directions as to service or publication in lieu thereof.

33. Service of all judgments or orders shall be made by delivering a duplicate of such judgment or of such order.

34. In any matter where the petition, answer, judgment, order, notice, or other written communication required under these rules to be served personally has to be served upon any Maori or half-caste Maori, there shall be served therewith a translation thereof into the Maori language, which translation shall be signed by a licensed Native interpreter, and shall be certified by such interpreter to be a correct translation thereof.

35. The trial of all cases shall, in the absence of an order to the contrary, be: (a) In undefended causes, before a Judge alone; (b) in defended causes, before a common jury. A Judge may, on application for that purpose, fix the trial of any cause for trial before a jury, for trial before him, or before a special jury.

36. The issues to be tried by the jury shall be fixed by the Judge before or at the trial.

37. The Registrar shall, ten days after the time for filing a defence shall have expired, enter every cause for trial; and the cause shall, unless otherwise ordered, be tried at the sittings next following such entry.

Hearing Parties without Answer, as to Costs and Custody of Children.

38. Any 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, being the 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.

New Trial or Hearing.

39. An application to the Judge for a new trial of issue of facts tried by a jury, or a rehearing of a cause, may be made by motion, notice of which must be filed and served within four days from the day on which the issues were tried or the cause was heard, and such motion shall be set down for hearing before the Court on the first day on which the Court shall sit in Banco after the expiration of eight days from the said day on which the issues were tried or the cause was heard.

Petition for Reversal of Decree of Judicial Separation.

40. A petition to the Court for the reversal of a decree of judicial separation must set out the grounds on which the petition relies. (Appendix, Form No. 9.)

41. Before such a petition can be filed an appearance 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 pronounced.

42. A copy of such petition 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.

43. All subsequent pleadings and proceedings arising from such petition and answer shall be filed and carried on in the same manner as before directed in respect of an original petition for judicial separation, and answer thereto, so far as such directions are applicable.

Intervention of the Attorney-General.

44. 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 shall forthwith deliver a copy thereof to the petitioner, or to his or her solicitor.

Application to make Decree Nisi absolute.

45. The request under section 8 of “The Divorce Act, 1898,” to the Registrar to issue a decree absolute may be in the Form No. 13 in the Appendix hereto.

46. Such application may, if made by the petitioner, be signed by the solicitor for the petitioner, and, if made by the respondent, be signed by the solicitor for the respondent.

Showing Cause against a Decree Nisi for Dissolution.

47. Any person wishing to show 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. (Form of Appearance, Appendix No. 6.)

48. 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.

49. 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. (Form of Appearance, Appendix No. 6.)

50. 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.

51. 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.

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

53. The questions raised on such affidavits shall be argued in such manner and at such time as the Judge may on application by motion 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.

54. All appeals to the Appeal Court shall be taken and made as appeals from the Supreme Court in civil actions are taken and made.

Alimony.

55. 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.

56. 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. 10.)

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

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

59. The wife, if not satisfied with the husband’s answer, may object to the same as insufficient, and apply to the Judge 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.