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shall be presented may refer the same to any of her Majesty's counsel or serjeant-at-law named in the Commission of Assize or Nisi Prius, and such counsel or serjeant shall, for the purpose of deciding upon the matter of such petition, have all the powers that any such judge would have had by virtue of this Act or otherwise.

of Assize for purposes of de

Act.

18. For the purpose of hearing and de- Powers of Judges ciding all applications under the authority of this Act, the Judge of Assize, or person nomi- ciding applicanated by him as aforesaid, shall be entitled to tions under the avail himself of the services of all officers, and authority of this use and exercise all powers and authorities which the Court of Assize may employ, use, and exercise for the determination of causes and other matters now usually heard and decided by them respectively, and the said Judge of Assize or other person shall also for the purpose have and be entitled to exercise all the powers and authorities hereby given to the court for the hearing and deciding applications made to it, and also the powers hereby given to the court to make provision touching the custody, maintenance, and education of children; and every order made by any Judge of Assize or other person under the authority of this Act, may, on the application of the person obtaining the same, be entered as an order of the court, and when so entered shall have the same force and effect, and be enforced in the same manner, as if such order had been originally made by the court.

19. The court shall from time to time fix and The court to regulate the fees which shall be payable upon all regulate fees on proceedings beproceedings under any application to a Judge fore judges, &c. of Assize under this Act; and such fees shall be received in money, for their own benefit, by the persons to whom or for whose use the same shall be directed to be paid.

reviewed.

20. Any order so entered as aforesaid may be Orders may be reviewed, and either altered or reversed on appeal to the Judge Ordinary of the court, but such appeal shall not stay the intermediate execution of the order, unless the Judge Ordinary shall so direct, who shall have power, if such appeal be dismissed or abandoned, to order the appellant to pay to the other party the full costs incurred by reason of such appeal.

21. A wife deserted by her husband may at Wife deserted by

magistrate or

tection.

her husband may any time after such desertion, if resident within apply to a police the metropolitan district, apply to a police majustices in petty gistrate, or if resident in the country to justices sessions for pro- in petty sessions, or in either case to the court, for an order to protect any money or property she may acquire by her own lawful industry, and property which she may become possessed of, after such desertion, against her husband or his creditors, or any person claiming under him; and such magistrates or justices for court, if satisfied of the fact of such desertion, and that the same was without reasonable cause, and that the wife is maintaining herself by her own industry or property, may make and give to the wife an order protecting her earnings and property acquired since the commencement of such desertion, from her husband and all creditors and persons claiming under him, and such earnings and property shall belong to the wife as if she were a feme sole: Provided always, that every such order, if made by a police magistrate, or justices at petty sessions, shall, within ten days after the making thereof, be entered with the registrar of the county court within whose jurisdiction the wife is resident; and that it shall be lawful for the husband, and any creditor or other person claiming under him, to apply to the court, or to the magistrate or justices by whom such order was made, for the discharge thereof: Provided also, that if the husband or any creditor of or other person claiming under the husband shall seize or continue to hold any property of the wife after notice of any such order, he shall be liable, at the suit of the wife (which she is hereby empowered to bring), to restore the specific property, and also for a sum equal to double the value of the property so seized or held after such notice as aforesaid. If any such order of protection be made, the wife shall during the continuance thereof be and be deemed to have been, during such desertion of her, in the like position in all respects, with regard to property and contracts, and suing and being sued, as she would be under this Act if she obtained a decree of judicial separation.

Court to act on
principles of the
Ecclesiastical
Courts.

22. In in all suits and proceedings, other than proceedings to dissolve any marriage, the said court shall proceed and act and give relief on

principles and rules which, in the opinion of the said court, shall be as nearly as may be conformable to the principles and rules on which the Ecclesiastical Courts have heretofore acted and given relief, but subject to the provisions herein contained, and to the rules and orders under this Act.

Decree of sepa

sence of husband

23. Any husband or wife, upon the application ration obtained of whose wife or husband, as the case may be, a during the abdecree of judicial separation has been pronounced, or wife may be may, at any time thereafter, present a petition to reversed. the court praying for a reversal of such decree on the ground that it was obtained in his or her absence, and that there was reasonable ground for the alleged desertion, where desertion was the ground of such decree; and the court may, on being satisfied of the truth of the allegations of such petition, reverse the decree accordingly, but the reversal thereof shall not prejudice or affect the rights or remedies which any other person would have had in case such reversal had not been decreed, in respect of any debts, contracts, or acts of the wife incurred, entered into, or done between the times of the sentence of separation and of the reversal thereof.

24. In all cases in which the court shall make Court may direct any decree or order for alimony, it may direct payment of alimony to wife or the same to be paid either to the wife herself or to her trustee. to any trustee on her behalf, to be approved by the court, and may impose any terms or restrictions which to the court may seem expedient, and may from time to time appoint a new trustee, if for any reason it shall appear to the court expedient so to do.

In case of judi

25. In every case of a judicial separation cial separation the wife shall, from the date of the sentence and the wife to be whilst the separation shall continue, be consi- considered a feme sole with respect dered as a feme sole with respect to property of to propery she every description which she may acquire, or may acquire, which may come to or devolve upon her; and &c. such property may be disposed of by her in all respects as a feme sole, and on her decease the same shall, in case she shall die intestate, go as the same would have gone if her husband had been then dead; Provided, that if any such wife should again cohabit with her husband, all such property as she may be entitled to when such cohabitation shall take place shall be held to her

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also, for purposes of contract and and suing.

On adultery of wife or incest,

&c., of husband,

separate use, subject however to any agreement in writing made between herself and her husband whilst separate.

26. In every case of a judicial separation the wife shall, whilst so separated, be considered as a feme sole for the purposes of contract, and wrongs and injuries, and suing and being sued in any civil proceeding; and her husband shall not be liable in respect of any engagement or contract she may have entered into, or for any wrongful act or omission by her, or for any costs she may incur as plaintiff or defendant: Provided, that where upon any such judicial separation alimony has been decreed or ordered to be paid to the wife, and the same shall not be duly paid by the husband, he shall be liable for necessaries supplied for her use: Provided also, that nothing shall prevent the wife from joining, or at any time during such separation, in the exercise of any joint power given to herself and her husband.

27. It shall be lawful for any husband to present a petition to the said court, praying that petition for disso- his marriage may be dissolved, on the ground lution of marthat his wife has since the celebration thereof riage may be presented. been guilty of adultery; and it shall be lawful for any wife to present a petition to the said court, praying that her marriage may be dissolved, on the ground that since the celebration thereof her husband has been guilty of incestuous adultery, or of bigamy with adultery, or of rape, or of sodomy or bestiality, or of adultery coupled with such cruelty as without adultery would have entitled her to a divorce à mensá et thoro, or of adultery coupled with desertion, without reasonable excuse, for two years or upwards; and every such petition shall state, as distinctly as the nature of the case permits, the facts on which the claim to have such marriage dissolved is founded: Provided that for the purposes of this Act, incestuous adultery shall be taken to mean adultery committed by a husband with a woman with whom, if his wife were dead, he could not lawfully contract marriage by reason of her being within the prohibited degrees of consanguity or affinity and bigamy shall be taken to mean marriage of any person, being married, to any other person during the life of

As to "incestuous adultery."

:

the former husband or wife, whether the second marriage shall have taken place within the dominions of her Majesty or elsewhere.

co-respondent.

28. Upon any such petition presented by a Adulterer to be a husband, the petitioner shall make the alleged adulterer a co-respondent to the said petition, unless on special grounds, to be allowed by the court, he shall be excused from so doing; and on every petition presented by a wife for dissolution of marriage, the court, if it see fit, may direct that the person with whom the husband is alleged to have committed adultery be made a respondent; and the parties, or either of them, cause may be may insist on having the contested matters of tried by a jury. fact tried by a jury, as hereinafter mentioned.

fied of absence of

collusion

29. Upon any such petition for the dissolution Court to be satisof a marriage, it shall be the duty of the court to satisfy itself, so far as it reasonably can, not only as to the facts alleged, but also whether or no the petitioner has been in any manner accessory to or conniving at the adultery, or has condoned the same, and shall also inquire into any counter-charge which may be made against the petitioner.

30. In case the court, on the evidence in rela- Dismissal of tion to any such petition, shall not be satisfied petition. that the alleged adultery has been committed, or shall find that the petitioner has during the marriage been accessory to or conniving at the adultery of the other party to the marriage, or has condoned the adultery complained of, or that the petition is presented or prosecuted in collusion with either of the respondents, then and in any of the said cases the court shall dismiss the said petition.

decree for dis

31. In case the court shall be satisfied on the Power to court evidence that the case of the petitioner has been to pronounce proved, and shall not find that the petitioner had solving marriage. been in any manner accessory to or conniving at the adultery of the other party to the marriage, or has condoned the adultery complained of, or that the petition is presented or prosecuted in collusion with either of the respondents, then the court shall pronounce a decree declaring such marriage to be dissolved: Provided always, that the court shall not be bound to pronounce such decree if it shall find that the petitioner has during the marriage been guilty of adultery, or

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