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. FRED. POLLOCK. C. CRESSWELL. WM. WIGHTMAN. EDW. VAUGHAN WILLIAMS. H. S. KEATING. INDEX. A. Page ADMIRALTY COURT, Judge of, may be authorized to act as Judge Ordi- ADULTERER, evidence against to be made a co-respondent on petition of hus- unless the Court directs otherwise and may be ordered to pay the costs 57 48,57 48,57 husband may, by petition to the Court, claim da- claim to be tried on same principles as an 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- ADULTERY, is a ground of relief wherever there is a lawful mar- 93 93-98 156 marriage is the first ground in a suit by reason of 87 a ground of dissolution, if committed by wife conduct short of, not sufficient direct proof of, not required facts to prove, must be taken together ADULTERY-continued. innocence of, is presumed if intercourse limited, specific facts must be pleaded other party to, a suspicious witness /in suit against wife for, husband bound to show care birth of child, with non-access of husband, full .evidence fact of sleeping in separate beds, held deceptive other facts a woman going to a brothel is conclusive visit from a defendant in crim. con. after a verdict against him, conclusive admission of gentleman to bed-room is evidence of young man clandestinely to house at night 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 is not so conclusively proved by his entering a bro- venereal disease is evidence of Page 91 92 92 93 93 93 94 94 94 95 96 96 96 96 97 97 97 97 102 98 98 98, 99 100 100 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 addition and place of abode of deponent to be stated of two or more deponents, to have their names writ- no interlineation or erasure allowed in jurat of. of blind or illiterate persons; special form of jurat not to be sworn before the party or his 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 summons for leave to cross-examine 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- AFFIRMATION, may be made in lieu of oath ALIMONY, 34 34 34 32 32 33 33 33 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 examination of witnesses in support of petition extravagant debts of wife, contracted during suit, to be calculated 115 continues during appeal by wife 115 |