Dec. 22.] THE NEW ZEALAND GAZETTE. 3323

petitioner upon the party to be cited, and that after a reasonable opportunity for compliance therewith, such cohabitation and restitution of conjugal rights have been withheld.

8. At any time after the commencement of proceedings for restitution of conjugal rights the respondent may apply to the Court, or a Judge thereof, or, in the absence of a Judge, to the Registrar, for an order to stay the proceedings in the cause by reason that he or she is willing to resume or to return to cohabitation with the petitioner.

CO-RESPONDENTS.

9. Where a husband files a petition for dissolution of marriage on the ground of adultery, the alleged adulterers shall be made co-respondents in the cause, unless the Court, or a Judge thereof, shall otherwise direct.

10. Application for such direction is to be supported by affidavits.

11. If the names of the alleged adulterers or any of them are unknown to the petitioner at the time of filing his petition, the same must be supplied as soon as known, and application must be made forthwith to the Court, or a Judge thereof, to amend the petition by inserting such name therein; and on such application an order shall be made as to such amendment, and directions given as to the service of the amended petition.

12. The term “respondent,” where the same is hereinafter used, shall include all co-respondents so far as the same is applicable to them.

CITATION.

13. Every petitioner who files a petition and affidavit shall forthwith extract a citation under the seal of the Court for service on each respondent in the cause. Forms of citation are given in the Schedule hereto.

14. The petitioner or his solicitor shall take the citation, together with a præcipe, to the registry, and there deposit the præcipe, and get the citation signed and sealed. A form of præcipe is given in the Schedule hereto. The address given in the præcipe must be within three miles of the registry.

SERVICE.

15. Citations are to be served personally when that can be done.

16. Service of a citation shall be effected by personally delivering a true copy of the citation to the party cited, and producing the original if required.

17. To every person served with a citation shall be delivered, together with the copy of the citation, a certified copy of the petition under seal of the Court.

18. In cases where personal service cannot be effected, application may be made to the Court, or a Judge thereof, to substitute some other mode of service or to dispense with service altogether. Where an advertisement is ordered to be published a footnote shall be added requesting friends of the respondent to forward it to him or her.

19. After service has been effected, the citation, with a certificate of service indorsed thereon, shall be forthwith returned into and filed in the registry. A form of certificate is given in the Schedule hereto.

20. Where it is ordered that a citation shall be advertised, the newspapers containing the advertisements are to be filed in the registry with the citation.

21. The above rules, so far as they relate to the service of citations, are to apply to the service of all other instruments requiring personal service.

22. Before a petitioner can proceed, after having extracted a citation, an appearance must have been entered by or on behalf of the respondents; or it must be shown, by affidavit filed in the registry, that they have been duly cited, and have not appeared.

23. An affidavit of service of a citation must be substantially in the form given in the Schedule hereto, and the citation referred to in the affidavit must be annexed to such affidavit, and marked by the person before whom the same is sworn.

Where the person served is not personally known to the deponent, evidence of his or her identity beyond a mere acknowledgment by the person so served must be given. This may be by written acknowledgment proved to be in the handwriting of such person, by satisfactory photographs, or by any other means to the satisfaction of the Court.

D