3322
THE NEW ZEALAND GAZETTE.
[No. 107

Supreme Court of New Zealand.—Rules under “ The Divorce and Matrimonial Causes Act, 1908.”

WHEREAS by “ The Divorce and Matrimonial Causes Act, 1908,” it is enacted that, except as to Part VI thereof, any three or more of the Judges of the Supreme Court, of whom the Chief Justice shall be one, may from time to time make rules concerning the practice, pleading, and procedure under the said Act, and fix a scale of costs for all suits and proceedings, and make rules regarding such costs; and by the same Act it is enacted that all such rules shall be subject to the approval of the Governor in Council:

Now, we, the undersigned Judges of the Supreme Court, in pursuance of the powers granted to us in this behalf, do hereby revoke as from the 1st day of February, 1910, all the rules and regulations now in force under the said Act, and do hereby make the following rules, to come into operation on the 1st day of February, 1910.

Dated at Wellington, this 15th day of December, 1909.

JOSHUA STRANGE WILLIAMS, A.C.J.
J. E. DENNISTON, J.
W. B. EDWARDS, J.
THEO. COOPER, J.
FREDK. R. CHAPMAN, J.
W. A. SIM, J.

Approved in Council.

J. F. ANDREWS,
Clerk of the Executive Council.

INTERPRETATION.

1. UNLESS the context requires a different construction, the words “ the Act ” shall mean “ The Divorce and Matrimonial Causes Act, 1908,” and shall include all Acts amending the same; and the term “ Registrar ” shall include the Deputy Registrar of the Supreme Court.

BOOK TO BE KEPT.

2. Each Registrar of the Supreme Court shall keep a book to be called “ The Divorce Proceedings Book,” in which, under the proper title of each case under the Act, every proceeding therein, and every appearance, every document filed, every motion or summons, and the hearing thereof, and the order or decree thereon, every appointment of a hearing, and every decree or order thereon, and every other matter and thing done in Court or at Chambers, or in the Registrar’s Office, shall be entered in chronological order, with the dates thereof, as they shall occur.

PETITION.

3. Proceedings in the Supreme Court under the Act shall be commenced by petition. Forms of petition are given in the Schedule hereto.

4. Every petition shall state the description of the husband and the place of residence, and the domicil of the parties to the marriage at the time of the commencement of the proceedings, and shall also state the place where each party to the marriage was born.

5. Every petition shall be accompanied by an affidavit made by the petitioner, verifying the facts of which he or she has personal cognisance, and deposing as to belief in the truth of the other facts alleged in the petition; and such affidavit shall be filed with the petition.

6. In cases where the petitioner is seeking a decree of nullity of marriage, or of judicial separation, or of dissolution of marriage, or a decree in a suit of jactitation of marriage, the petitioner’s affidavit filed with his or her petition shall further state that no collusion or connivance exists between the petitioner and the other party to the marriage or alleged marriage.

7. In cases where the petitioner is seeking a decree for the restitution of conjugal rights the affidavit filed with the petition shall further state sufficient facts to satisfy the Registrar that a written demand for cohabitation and restitution of conjugal rights has been made by the