allegations in the said petition, contained and reserving to himself the benefit of any exception whatsoever to the said appeal, for answer thereto, says that he admits that her Majesty's Court of Divorce and Matrimonial Causes did make such decree as alleged, but for greater certainty he refers thereto, when the same shall be produced; but he is advised the same is in accordance with justice, and humbly submits that the said decree ought to be affirmed, and the said petition and appeal be dismissed, with costs. O.P., Counsel for the respondent. APPENDIX II. 23 & 24 VICTORIA, CAP. 144. An Act to amend the Procedure and Powers of the Court for Divorce and Matrimonial Causes.-28th August, 1860. BE Majesty, by and with the advice and consent E it enacted by the Queen's most Excellent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. It shall be lawful for the Judge Ordinary The Judge Ordiof the Court for Divorce and Matrimonial Causes nary may exercise powers now alone to hear and determine all matters arising vested in the full in the said Court, and to exercise all powers and Court. authority whatever which may now be heard and determined and exercised respectively by the full Court, or by three or more Judges of the said Court, the Judge Ordinary being one, or where the Judge Ordinary shall deem it expedient, in Judge Ordinary relation to any matter which he might hear and may call in the determine alone by virtue of this Act, to have the of the other assistance of one other Judge of the said Court, Judges. it shall be lawful for the Judge Ordinary to sit and act with such one other Judge accordingly, and, in conjunction with such other Judge, to exercise all the jurisdiction, powers, and authority of the said Court. assistance of one Court. Appeal to the full 2. Provided always, that the Judge Ordinary Judge may direct may, where he shall deem it expedient, direct any matter to be that any such matter as aforesaid shall be heard heard by the full and determined by the full Court; and in addition to the cases in which an appeal to the full Court. Court now lies from the decision of the Judge Ordinary, either party dissatisfied with the decision of such Judge sitting alone in granting or refusing any application for a new trial which, by virtue of this Act, he is empowered to hear and determine, may, within fourteen days after the pronouncing thereof, appeal to the full Court, whose decision shall be final. Appeal to the House of Lords. Regulation of the 3. Where there is a right of appeal to the House of Lords from the decision of the full Court, there shall be the like right of appeal to the said house from the decision of the Judge Ordinary alone, or with any other Judge, under this Act. 4. The sittings of the full Court shall be holden during the seventh and five following days of sitting in each term, and on such other days as the Judge Ordinary, with the assent of the Lord Chief Justice of the Court of Queen's Bench, the Lord Chief Justice of the Court of Common Pleas, and the Lord Chief Baron of the Court of Exchequer, shall from time to time appoint; and the Judges of the Courts of Queen's Bench, Common Pleas, and Exchequer shall, by a rota or otherwise, as they deem most convenient, make provision for the attendance of the requisite number of such Judges to make with the Judge Ordinary a full Court during such 61, s. 2, repealed. sittings; and section two of the Act of the last Session of Parliament, chapter sixty-one, shall be repealed. 22 & 23 Vict. c. Court may, only appears, require counsel to be appointed to argue on the other side. 5. In every case of a petition for a dissolution of where one party marriage it shall be lawful for the Court, if it shall see fit, to direct all necessary papers in the matter to be sent to Her Majesty's Proctor, who shall, under the directions of the Attorney-General, instruct Counsel to argue before the Court any question in relation to such matter, and which the Court may deem it necessary or expedient to have fully argued; and Her Majesty's Proctor shall be entitled to charge and be reimbursed the costs of such proceeding as part of the expense of his office. 20 & 21 Vict. c. 85, s.45, amended. 6. And whereas, by section forty-five of the Act of the Session holden in the twentieth and twenty-first years of Her Majesty, chapter eightyfive, it was enacted that, “In any case in which the Court should pronounce a sentence of divorce or judicial separation for adultery of the wife, if it should be made appear to the Court that the wife was entitled to any property, either in possession or reversion, it should be lawful for the Court, if it should think proper, to order such settlement as it should think reasonable to be made of such property, or any part thereof, for the benefit of the innocent party and of the children of the marriage, or either of them :" Be it further enacted, that any instrument executed pursuant to any order of the Court made under the said enactment before or after the passing of this Act, at the time of or after the pronouncing of a final decree of divorce or judicial separation, shall be deemed valid and effectual in the law, notwithstanding the existence of the disability of coverture at the time of the execution thereof. 7. Every decree for a divorce shall in the first Decrees. instance be a decree nisi, not to be made absolute till after the expiration of such time, not less than three months from the pronouncing thereof, as the Court shall by general or special order from time to time direct; and during that period any person shall be at liberty, in such manner as the Court shall by general or special order in that behalf from time to time direct, to show cause why the said decree should not be made absolute by reason of the same having been obtained by collusion or by reason of material facts not brought before the Court; and, on cause being so shown, the Court shall deal with the case by making the decree absolute, or by reversing the decree nisi, or by requiring further inquiry, or otherwise as justice may require; and at any time during the progress of the cause or before the decree is made absolute any person may give information to Her Majesty's Proctor of any matter material to the due decision of the case, who may thereupon take such steps as the Attorney-General may deem necessary or expedient; and if from any such information or other- Collusion. wise the said Proctor shall suspect that any parties to the suit are or have been acting in collusion for the purpose of obtaining a divorce contrary to the justice of the case, he may, under the direction of the Attorney-General, and by leave of the Court, intervene in the suit, alleging such case of collusion, and retain counsel and subpoena witnesses to prove it; and it shall be lawful for the Court to order the costs of such counsel and witnesses, and otherwise, arising from such intervention, to be paid by the parties or such of them as it shall see fit, including a wife if she have separate property; and in case the said proctor shall not thereby be fully satisfied his reasonable costs, he shall be entitled to charge |