APRIL 26.] THE NEW ZEALAND GAZETTE. 975

Change of Solicitor.

85. A party may obtain an order to change his or her solicitor upon application by summons to the Judge, or to the Registrar in his absence.

86. In case the former solicitor neglects to file his bill of costs for taxation at the time required by the order served upon him, the party may, with the sanction and by order of the Judge or Registrar, proceed in the cause by the new solicitor, without previous payment of such costs.

Applications.—Forms, Fees, Costs, &c.

87. The following matters shall be dealt with on motions: Applications—
    (1.) To dispense with making a co-respondent:
    (2.) To substitute other than personal service:
    (3.) For leave to intervene:
    (4.) Raising any question of jurisdiction:
    (5.) To direct mode of or dispensing with service of petition for maintenance:
    (6.) To object to or to confirm Registrar’s report as to maintenance and variation of settlements:
    (7.) In respect to the custody, maintenance, or education of, or for access to, children:
    (8.) Showing cause against making decree nisi absolute:
    (9.) For writ of attachment:
    (10.) To discharge protection order.

All other matters shall be dealt with on summons, except those directed by these rules to be dealt with on petition.

88. In all matters not provided for in these rules the rules of procedure of the Supreme Court in civil actions shall apply, and Rule 563 of such rules shall especially apply to all these rules.

89. The costs appearing in the Schedule hereto shall be the costs allowed; but a Judge may in any cause or matter reduce or increase the amount of such costs. Due regard shall always be had to the scale of costs observed in civil actions in the Supreme Court. A Judge may at any time order that a husband do pay costs to his wife and find security for future costs.

90. The forms in the Appendix hereto shall, as far as applicable, be followed.

91. All documents used in a cause shall be legibly printed, typewritten, or written on foolscap paper, and the Registrar shall refuse to file, without an order of the Judge, any documents not so printed, typewritten, or written.

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APPENDIX.

FORMS.

1. Petition. | 9. Petition for Reversal of Decree.
2. Summons. | 10. Petition for Alimony.
3. Præcipe for same. | 11. Election of a Guardian.
4. Certificate of Service. | 12. Bond for securing Wife’s Costs.
5. Affidavit of Service. | 13. Request to make decree nisi absolute.
6. Entry of an Appearance.
7. Statement of Defence or Answer.
8. Act on Petition, Answer, and Conclusion.

No. 1.—Petition.

In the Supreme Court of New Zealand, District.
Under “The Divorce and Matrimonial Causes Act, 1867,” and the Acts amending the same.

To , a Judge of the said Court.
The day of , A.D. .

THE petition of , of , showeth,—

1. That your petitioner was, on the day of , 19 , lawfully married to , then a , at [Here state where the marriage took place].
2. That after his [or her] said marriage your petitioner lived and cohabited with his [or her] said wife [or husband] at and at , and that your petitioner and his said wife [or her husband] 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 day of , 19 , and on other days between that day and , the said , at , in the Provincial District of , the said committed adultery with .
4. That in and during the months of January, February, and March, 19 , the said frequently visited the said at , and on divers of such occasions committed adultery with the said .

Your petitioner therefore humbly prays that your Honour 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 Honour may seem meet.

[Petitioner’s signature.]

No. 2.—Writ of Summons.

In the Supreme Court of New Zealand, District.
Under “The Divorce and Matrimonial Causes Act, 1867,” and the Acts amending the same.

EDWARD THE SEVENTH, by the Grace of God, of the United Kingdom of Great Britain and Ireland King, Defender of the Faith.

To , of , in of .

WHEREAS , of , claiming to have been lawfully married to , has filed his [or her] petition against in our said Court, praying for , wherein alleges that you have been guilty of adultery with [or have been guilty of cruelty towards , the said , or as the case may be]:

Now, this is to command you that within 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 hereunto annexed. 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, 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 , 19 .
(Signed) , Registrar.

N.B.—This writ of summons is issued at , by [the petitioner in person, or solicitor for the petitioner]. The petitioner’s address for service is [Here state address for service, which must be within three miles of the Registrar’s office].

No. 3.—Præcipe for Writ of Summons.

In the Supreme Court of New Zealand, District.
Under “The Divorce and Matrimonial Causes Act, 1867,” and the Acts amending the same.

Writ of summons for , of , against , of , to appear in a suit for by reason of .

(Signed) (In person)
[or , Solicitor for the said ].

[Here insert the address required within three miles of the Registrar’s office.]

No. 4.—Certificate of Service.

This writ of summons was duly served by the undersigned on the within-named , of , at , on the day of , 19 .

(Signed) .

No. 5.—Affidavit of Service of Writ of Summons.

In the Supreme Court of New Zealand, District.
Under “The Divorce and Matrimonial Causes Act, 1867,” and the Acts amending the same.

, Petitioner.
and
, Respondent.
[or Co-respondent].

I, of, [&c.] make oath and say:—

1. That I did, on , the day of , one thousand nine hundred and , serve the above-named respondent [or co-respondent] with the writ of summons bearing date the day of , 19 , issued under the seal of this Court herein, together with a copy of the petition filed herein, and bearing the seal of this Court, by delivering the same personally to the said respondent [or co-respondent] at , in the Provincial District of , in the Colony of New Zealand. [If service is effected in any other way than by personal service, here state fully the manner of service.]
2. That hereunto annexed, marked respectively with the letters “A” and “B,” are true copies of the writ of summons and copy petition so served by me as aforesaid.

Sworn at, &c., on the day of , 19 , before me,

(Signed)