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12. If the Wife objects to the answer of the Husband to her petition for Alimony as insufficient, she may move the Court to order a further and fuller answer to be given by him, or to order the attendance of the Husband on the hearing of the petition, for the purpose of being examined thereon in open court.

13. No affidavits can be read or made use of as evidence in support of or in opposition to the averments contained in a petition for Alimony, or in an answer to such a petition. But if the answer alleges that the wife has property of her own, she may answer that allegation by affidavit.

Entry of Appearance to Citation.

14. An appearance to a Citation by or on behalf of the party cited may be entered at any time pending the proceedings in the cause, by leave of the Judge Ordinary, subject to such conditions as may be thought just.

15. After appearance entered by or on behalf of a respondent or co-respondent, they may be heard in respect of any question as to costs of suit, and the respondent may be also heard in respect to any question as to custody of children, although they have filed no answer to the petition in the principal cause, but they are 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.

FURTHER

RULES AND REGULATIONS

MADE UNDER

The Provisions of 20 & 21 Vict. c. 85, 21 & 22 Vict. c. 108, 22 & 23 Vict. c. 61, and 23 & 24 Vict. c. 144.

Intervention pending Suit.

16. When the Queen's Proctor by leave of the Court intervenes he shall, within eight days after such leave obtained, enter an appearance, and plead to the petition; and all subsequent pleadings shall proceed between the petitioner and the intervener according to the Rules established with regard to pleadings between the original parties in the cause.

Showing Cause against a Decree.

17. Any person wishing to show cause against making absolute a decree nisi for dissolution of a marriage shall enter an appearance, and such appearance shall be accompanied by an address within three miles of the General Post Office, at which it shall be sufficient to serve all notices, and leave copies of instruments which are to be delivered to such person.

18. Every such person shall at the time of entering an appearance, or within four days thereafter, file affidavits setting forth the facts upon which he relies.

19. Upon the same day on which such person files his affidavits he shall deliver a copy of the same to the party in the cause in whose favour a decree nisi for dissolution of marriage has been pronounced.

20. The party in the cause in whose favour the decree nisi for dissolution of marriage has been pronounced may, within eight days after delivery of the affidavits, or within such further time as may be allowed by the Court, file affidavits in answer, and shall forthwith give notice of his having done so.

21. The questions raised on such affidavits shall be argued at such time as the Judge Ordinary may appoint; and if he thinks fit to direct any controverted questions of fact to be tried by a jury, the same shall be settled and tried in the same manner and subject to the same rules as any other issue tried in this Court.

(Signed)

CAMPBELL, C.

A. E. COCKBURN.
W. ERLE.

FRED. POLLOCK.

C. CRESSWELL.

WM. WIGHTMAN.

EDW. VAUGHAN WILLIAMS.
J. B. BYLES.

H. S. KEATING.

INDEX.

A.

Page

ADMIRALTY COURT,

Judge of, may be authorized to act as Judge Ordi-

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ADULTERER,

evidence against

to be made a co-respondent on petition of hus-
band for dissolution of marriage

unless the Court directs otherwise

and may be ordered to pay the costs

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48,57

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husband may, by petition to the Court, claim da-
mages from

claim to be tried on same principles as an
action of crim. con.

and the damages to be ascertained by a jury

ADULTERESS,

dissolution of marriage decreed against

evidence against

may, by direction of the Court, be made a respon-
dent to petition of wife for a dissolution of mar-
riage, and ordered to pay costs

ADULTERY,

is a ground of relief wherever there is a lawful mar-

93

93-98

156

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marriage is the first ground in a suit by reason of
identity is an essential point

87

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a ground of dissolution, if committed by wife
coupled with cruelty, bigamy, desertion, incest,
rape, or sodomy, if by husband

conduct short of, not sufficient

direct proof of, not required

facts to prove, must be taken together

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ADULTERY-continued.

innocence of, is presumed

if intercourse limited, specific facts must be pleaded
parties not competent to prove

other party to, a suspicious witness

/in suit against wife for, husband bound to show care
of wife

birth of child, with non-access of husband, full

.evidence

fact of sleeping in separate beds, held deceptive
general cohabitation is sufficient

other facts

a woman going to a brothel is conclusive
calling at an unmarried man's lodging is not
though with other facts it is

visit from a defendant in crim. con.

after a verdict against him, conclusive

admission of gentleman to bed-room is evidence

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of young man clandestinely to house at night is
letter indicating periodical indisposition is

associating clandestinely

must be so proved as not to show a bar

by husband ground of judicial separation

persevering attempts by, to debauch, are evidence of
facts in charge of, to be considered

is not so conclusively proved by his entering a bro-
thel

venereal disease is evidence of

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93

93

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96

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102

98

98

98, 99

100

100

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AFFIDAVITS-continued.

must not be too old

accompany petition and answer

in alimony

in causes to be tried by

must support application to discharge order

to sue in formâ pauperis

Page

31

32

32

not to be used after time limited for filing, unless by
leave of the Judge

addition and place of abode of deponent to be stated
in

of two or more deponents, to have their names writ-
ten in jurat

no interlineation or erasure allowed in jurat of.

of blind or illiterate persons; special form of jurat
necessary

not to be sworn before the party or his proctor, &c.
or the agent of such proctor, &c.

of no collusion or connivance by petitioner

to be filed by respondent, with answer

may be used in evidence

and deponents cross-examined and re-examined
in open court

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summons for leave to cross-examine

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in reply to counter affidavits may be filed by sum-

mons

how entitled

Trial upon

time allowed to file affidavits

time allowed to file counter affidavits

affidavits in reply not to be filed without spe-
cial leave obtained on motion or summons

AFFIRMATION,

may be made in lieu of oath

ALIMONY,

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34

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xxxix

how soon claimable

not granted unless husband appears

62, 112, 113, lv

63, 116

how much to be assigned

to be ascertained by statement of husband

statement of husband taken, unless wife disputes
party paying may deduct income-tax

examination of witnesses in support of petition

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extravagant debts of wife, contracted during suit, to

be calculated

115

continues during appeal by wife

115

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