976
THE NEW ZEALAND GAZETTE.
[No. 42

No. 6.—Entry of an Appearance.
In the Supreme Court of New Zealand, District.
Under “The Divorce and Matrimonial Causes Act, 1867,” and the Acts amending the same.

Petitioner,
against
}
The respondent appears in person [or The solicitor for the respondent (or the co-respondent) appears for the said respondent (or co-respondent)].

Respondent,
and

Co-respondent
}

[Signature of respondent, or respondent’s solicitor.]

Address [within three miles of the Registrar’s office].
Entered this day of , 19 .

No. 7.—Statement of Defence or Answer.
In the Supreme Court of New Zealand, District.
Under “The Divorce and Matrimonial Causes Act, 1867,” and the Acts amending the same.

THE respondent, in answer to the petition filed in this cause, saith:—

1. That she denies that she committed adultery with , as set forth in the said petition.
2. Respondent further saith that on the day of , 19 , and on other days between that day and , at , in of , committed adultery with .

This statement of defence [or answer] is filed by the respondent in person [or by , solicitor for the respondent]. The respondent’s address for service is [Here state address for service, which must be the address set forth in the entry of appearance].
[In like manner respondent is to state connivance, condonation, or other matters relied on as a ground for dismissing the petition.]
Wherefore this respondent humbly prays that your Honour will be pleased to reject the prayer of the said petition and decree, &c., &c.

No. 8.—Petition other than for a Dissolution of Marriage or for a Judicial Separation.
In the Supreme Court of New Zealand, District.
Under “The Divorce and Matrimonial Causes Act, 1867,” and the Acts amending the same.

A.B. against and .

The day of , 19 .

A.B., the petitioner [or the solicitor of the petitioner], alleges that [Here state briefly the facts and circumstances upon which the petition is founded].

Wherefore the said , referring to the affidavits and proofs to be by him [or her] exhibited in verification of what he [or her] so alleged, prayed that [Here set forth the prayer of the petition].
(Signed) .

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

against and .

On the day of , 19 .

, the respondent [or , the solicitor or attorney of , the respondent], in answer to the allegations in the act on petition bearing date the day of , 19 , of , admitted [or denied] that [Here set forth any allegations admitted or denied].

And he [or she] alleged that [Here state any facts or circumstances in explanation or in answer].

Wherefore the said [or * ], referring to the affidavits and proof to be by him [or her] exhibited in verification of what he [or she] so alleged, prayed [Here state the prayer of the respondent].
(Signed) .

CONCLUSION.
against and .

On the day of , 19 .

THE petitioner [or , the solicitor or attorney for the petitioner], in reply to the allegations of , or , in his [or her] answer, bearing date , denied the same in great part to be true or relevant.

Whereupon he [or she] alleged and prayed [as before].
(Signed) .

No. 9.—Petition for Reversal of Decree.
In the Supreme Court of New Zealand, District.
Under “The Divorce and Matrimonial Causes Act, 1867,” and the Acts amending the same.

To , Judge of the said Court.

The day of , 19 .

THE petition of , of , showeth,—

1. That your petitioner was, on the day of , lawfully married to , then , at [Here state where the marriage took place].
2. That on the day of , by a final decree pronounced in a cause then depending in this Court, entitled against , it was decreed as follows, to wit:—
   [Here set out the decree.]
3. That the aforesaid decree was obtained in the absence of your petitioner, who was then residing at
   [State facts tending to show that the petitioner did not know of the proceedings, and, further, that had he known of them he might have offered a sufficient defence.]
   [Or, That there was reasonable ground for your petitioner leaving his (or her) said wife (or husband), for that his (or her) said wife (or husband) (Here state any legal grounds justifying the petitioner’s separation).]
   Your petitioner therefore humbly prays that your Honour will be pleased to reverse the said decree.
   (Signed) .

No. 10.—Petition for Alimony.
To , Judge of the Supreme Court of New Zealand, District. Under “The Divorce and Matrimonial Causes Act, 1867,” and the Acts amending the same.

against and .

The day of , 19 .

THE petition of , the lawful wife of , showeth,—

1. 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 £ .
2. 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 .
3. 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 Honour will be pleased to decree her such sum or sums of money by way of alimony pendente lite [or permanent alimony] as to your Honour shall seem meet.

No. 11.—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,” and the Acts amending the same, 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 19 .
(Signed) (L.S.)

Signed, sealed, and delivered by the within-named , in the presence of
[One attesting witness.]

(2.) By a respondent.
WHEREAS a writ of summons, bearing date the day of , 19 , has issued under seal of the Supreme Court of New Zealand, District, under “The Divorce and Matrimonial Causes Act, 1867,” and the Acts amending the same, 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 in 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 attain the age of twenty-one years; and I hereby appoint, &c., &c. [as in the last form].

No. 12.—Bond for Securing Wife’s Costs.
Know all men by these presents that we, , of , and , of , and , of , are held and firmly bound unto , Esq., Registrar of the Supreme Court of New Zealand, at , in the penal sum of pounds of good and lawful money of Great Britain, to be paid to the said , and for which payment to be well and truly made we bind ourselves and each of us for the whole, our heirs, executors, or administrators, firmly by these presents.
Sealed with our seal , dated the day of in the year of our Lord 19 .