50. Each cause shall be tried at the sittings of the Court to be held at the place nearest to the office in which the petition was filed; but the Court, or a Judge thereof, on the application of any party, or of the Attorney-General, or Solicitor-General, or without any such application, may order a cause to be tried either wholly or as to any particular issue or issues at a sitting of the Court to be held in any other place.

51. When the pleadings are concluded any party to the cause may set the same down for trial at any sitting of the Court at the place at which the same is to be tried by entering the cause in a list to be kept for that purpose by the Registrar. Such entry shall be made at least three clear days before the day appointed for such sitting, and except by leave of the Court, which may be given ex parte in an undefended case, no cause shall be tried at such sitting which has not been so entered.

52. Unless otherwise ordered, all causes shall be tried as follows:
    (a) Undefended causes before the Judge alone; (b) defended causes before the Judge and a common jury of twelve. Any cause may on the application of any party be ordered to be tried otherwise than is hereby provided. Where in a cause in which an answer has been filed neither the respondent nor any co-respondent attends in person or by counsel at the trial, the cause may, at the discretion of the Judge, be tried without a jury.

53. Where a cause is to be tried before the Judge and a jury, the issues of fact to be submitted to the jury shall be settled by the Judge before or at the trial.

54. Where a cause has been tried before the Judge and a jury, a new trial thereof may be ordered; and all the provisions contained in Rules 276 to 285, inclusive, of the Code of Civil Procedure in the Supreme Court shall apply to the application for a new trial of such cause, subject to the following modifications:

(a.) The Court, or a Judge thereof, shall have power to extend the time fixed by Rule 284 for moving for a new trial in any cause in which a decree nisi for the dissolution of the marriage of the parties has not been made absolute.

(b.) Notwithstanding anything contained in the foregoing rules, the Court, or a Judge thereof, shall have power to grant a new trial in any cause where it appears that irreparable wrong would otherwise be done.

HEARING PARTIES WITHOUT ANSWER, AS TO COSTS AND CUSTODY OF CHILDREN.

55. Any respondent in the cause, after entering an appearance, without filing an answer to the petition in the principal cause, may be heard in respect of any question as to costs; and the respondent who is husband or wife of the petitioner may be heard also in respect to any question as to custody of children; but a respondent who may be so heard is not at liberty to bring in affidavits touching matters in issue in the principal cause; and no such affidavits can be read or made use of as evidence in the cause.

PROCEEDINGS BY PETITION ON COLLATERAL QUESTION.

56. Any party to a cause, who has entered an appearance, may apply to the Court, or a Judge thereof, to be heard on his petition touching any collateral question which may arise in a suit.

57. The party to whom leave has been given to be heard on his petition shall, within eight days, file his act on petition in the registry, and on the same day deliver a copy thereof to such parties in the cause as are required to answer thereto.

58. Each party to whom a copy of an act on petition is delivered shall, within eight days after receiving the same, file his or her answer thereto in the registry, and on the same day deliver a copy thereof to the opposite party; and the same course shall be pursued with respect to the reply, rejoinder, &c., until the act on petition is concluded. Forms of act on petition, answer, and conclusion are given in the Schedule hereto.

59. Each party to the act on petition shall, within eight days from that on which the last statement in answer is filed, file in the registry such affidavits and other proofs as may be necessary in support of their several averments.