974
THE NEW ZEALAND GAZETTE.
[No. 42

60. In case the answer of the husband alleges that the wife has property of her own, she may (within eight days after the 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.

61. 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.

62. After the husband has filed his answer to the 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.

63. No affidavit can be read or made use of as evidence in support of or in opposition to the averments 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.

64. 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 application, give notice thereof to the husband or to his solicitor.

65. A wife may at any time after alimony has been allotted to her, whether alimony pending suit or permanent 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 proceeding 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.

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

67. 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.

68. Applications to the Court to exercise the authority given by sections 27, 37, and 38 of “The Divorce and Matrimonial Causes Act, 1867,” 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.

69. 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.

70. A copy of such petition 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.

71. 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.

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

73. 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.

74. 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 consideration with reference to the prayer of the petition.

75. 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 in objection to the Registrar’s report, or may apply on motion for a decree or order to confirm the same, and to carry out the prayer of the petition.

76. 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.

77. 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, founded on affidavit.

Guardians to Minors.

78. 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. 11.)

79. 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.

80. 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, application founded on affidavit is to be made to the Registrar, who will assign a guardian to the minor or infant for such suit.

81. 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.

Summonses.

82. Summonses for the attendance of witnesses may be issued as if the cause was a civil action.

83. Writs of attachment shall only be issued by the Registrar on the order of a Judge.

84. A person in custody under a writ of attachment may, for good cause shown, be discharged from custody by a Judge, or, in his absence, by a Registrar.