WHEREAS it is expedient to amend the law relating to divorce, and to constitute a Court with exclusive jurisdiction in matters matrimonial in England, and with authority in certain cases to decree the dissolution of a marriage: Be it therefore enacted as follows:--
Jurisdiction To Be Exercised By the Court for Divorce and Matrimonial Causes
1. All jurisdiction now vested in or exercisable by any Ecclesiastical Court or person in England in respect of divorces ą mensā et thoro, suits of nullity of marriage, suits of jactitation of marriage, suits for restitution of conjugal rights, and in all causes, suits, and matters matrimonial, except in respect of marriage licences, shall belong to and be vested in Her Majesty, and such jurisdiction, together with the jurisdiction conferred by this Act, shall be exercised in the name of Her Majesty in a Court of Record to be called the "Court for Divorce and Matrimonial Causes." [20 & 21 Vict., c. 85, s. 6]; R.S. 1897, c. 62, s. 1.
2. No decree shall hereafter be made for a divorce ą mensā et thoro, but in all cases in which a decree for a divorce ą mensā et thoro might now be pronounced the Court may pronounce a decree for a judicial separation, which shall have the same force and the same consequences as a divorce ą mensā et thoro now has. [20 & 21 Vict., c. 85, s. 7]; R.S. 1897, c. 09, s. 2.
Judges of the Court
3. The Lord Chancellor, the Lord Chief Justice of the Court of King's Bench, the Lord Chief Justice of the Court of Common Pleas, the Lord Chief Baron of the Court of Exchequer, the Senior Puisne Judge for the time being in each of the three last-mentioned Courts, and the Judge of Her Majesty's Court of Probate constituted by any Act of the present session, shall be the Judges of the said Court. [20 & 21 Vict., c. 85, s. 8]; R.S. 1897, c. 62, s. 3.
Petitions To Be Heard By Three Judges
4. All petitions, either for the dissolution or for a sentence of nullity of marriage, and applications for new trials of questions or issues before a jury, shall be heard and determined by three or more Judges of the said Court, of whom the Judge of the Court of Probate shall he one. [20 & 21 Vict., c. 85, s. 10]; R.S. 1897, c.62, s. 4.
Judicial Separation May Be Obtained
5. A sentence of judicial separation (which shall have the effect of a divorce ą mensā et thoro under the existing law, and such other legal effect as herein mentioned) may be obtained, either by the husband or the wife, on the ground of adultery, or cruelty, or desertion without cause for two years and upwards. [20 & 21 Vict., c. 85, s. 16] ; R.S. 1897, c. 62, s. 5.
Court To Act On Principles Of The Ecclesiastical Courts
6. 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. [20 & 21 Vict., C. 85, s. 22]; R.S. 1897 c. 62, s. 6.
Judicial Separation May Be Reversed
7. Any husband or wife, upon the application of whose wife or he husband, as the case may be, a decree of judicial separation has been pronounced, may, at any time thereafter, present a petition to 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. [20 & 21 Vict., c. 85, s. 23]; R.S. 1897, c. 62, s. 7.
8. In all cases in which the Court shall make any decree or order for alimony, it may direct the same to be paid either to the wife herself or 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. [20 & 21 Vict., c. 85, s. 24]; R.S. 1897, c. 62, s. 8.
Wife Considered A Feme Sole After A Judicial Separation
9. In every case of a judicial separation the wife shall, from the date of the sentence and whilst the separation shall continue, be considered as a feme sole with respect to property of every description which she may acquire or which may come to or devolve upon her; and 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 separate use, subject, however, to any agreement in writing made between herself and her husband while separate. [20 & 21 Vict., c. 85, s. 25]; R.S. 1897, c. 62, a. 9.
Wife So Separated May Contract or Sue
10. 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, at any time during such separation, in the exercise of any joint power given to herself and her husband. [20 & 21 Vict., c. 85, s. 26]; R.S. 1897, c. 62, s. 10.
Property Of A Wife Extended To Property
11. The provisions respecting the property of a wife who has obtained a decree for judicial separation or an order of protection shall be deemed to extend to property to which such wife has become or shall become entitled as executrix, administratrix, or trustee, since the sentence of separation or the commencement of the desertion (as the case may be); and the death of the testator or intestate shall be deemed to be the time when such wife became entitled as executrix or administratrix. [21 & 22 Vict., c. 108, s. 7]; R. S. 1897, c. 62, s. 11.
Lawful For Any Husband To Present A Petition
12. It shall be lawful for any husband to present a petition to the said Court, praying that his marriage may be dissolved, on the ground that his wife has since the celebration thereof 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 had 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 ą mensā 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 As 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 consanguinity or affinity; and bigamy shall be taken to mean marriage of any person, being married, to any other person during the life of the former husband or wife, whether the second marriage shall have taken place within the dominions of Her Majesty or elsewhere. [20 & 21 Vict., c. 85, s. 27]; R.S. 1897, c. 62, s. 12.
Adulterer To Be A Co-Respondent
13. Upon any such petition presented by 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 may insist on having the contested matters of fact tried by a jury as hereinafter mentioned. [20 & 21 Vict., c. 85, s. 28]; R.S. 1897, c. 62, S. 13.
Absence Of Collusion
14. Upon any such petition for the dissolution of 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 countercharge which may be made against the petitioner. [20 & 21 Vict., c. 85, s. 29]; R.S. 1897, c. 62, s. 14.
Dismissal Of Petition
15. In case the Court, on the evidence in relation to any such petition, shall not be satisfied 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. [20 & 21 Vict., c. 85, s. 30]; R.S. 1897; c. 62, s. 15.
Power To Court To Dissolve Marriage
16. In case the Court shall be satisfied on the evidence that the case of the petitioner has been proved, and shall not find that the petitioner has 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 if the petitioner shall, in the opinion of the Court, have been guilty of unreasonable delay in presenting or prosecuting such petition, or of cruelty towards the other party to the marriage, or of having deserted or wilfully separated himself or herself from the other party before the adultery complained of, and without reasonable excuse, or of such wilful neglect or misconduct as has conduced to the adultery. [20 & 21 Vict., c. 85, s. 31] ; R.S. 1897, c. 62, s. 16.
17. The Court may, if it shall think fit, on any such decree, order that the husband shall to the satisfaction of the Court secure to the wife such gross sum of money, or such annual sum of money, for any term not exceeding her own life, as, having regard to her fortune (if any), to the ability of the husband, and to the conduct of the parties, it shall deem reasonable, and for that purpose may refer it to any one of the conveyancing counsel of the Court of Chancery to settle and approve of a proper deed or instrument to be executed by all necessary parties; and the said Court may in such case, if it shall see fit, suspend the pronouncing of its decree until such deed shall have been duly executed; and upon any petition for dissolution of marriage the Court shall have the same power to make interim orders for payment of money, by way of alimony or otherwise, to the wife as it would have in a suit instituted for judicial separation. [20 & 21 Vict., c. 85, s. 32]; R.S. 1897, c. 62, s. 17.
Husband May Claim Damages From Adulterers
18. Any husband may, either in a petition for dissolution of marriage or for judicial separation, or in a petition limited to such object only, claim damages from any person on the ground of his having committed adultery with the wife of such petitioner, and such petition shall be served on the alleged adulterer and the wife, unless the Court shall dispense with such service, or direct some other service to be substituted; and the claim made by every such petition shall be heard and tried on the same principles, in the same manner, and subject to the same or the like rules and regulations as actions for criminal conversation are now tried and decided in Courts of Common Law; and all the enactments herein contained with reference to the hearing and decision of petitions to the Court shall, so far as may be necessary, be deemed applicable to the hearing and decision of petitions presented under this enactment; and the damages to be recovered on any such petition shall in all cases be ascertained by the verdict of a jury, although the respondents or either of them may not appear; and after the verdict has been given the Court shall have power to direct in what manner such damages shall be paid or applied, and to direct that the whole or any part thereof shall be settled for the benefit of the children (if any) of the marriage, or as a provision for the maintenance of the wife. [20 & 21 Vict., c. 85, s. 33]; R.S. 1897, c. 62, s.18.
Court May Order Adulterer To Pay Costs
19. Whenever in any petition presented by a husband the alleged or adulterer shall have been made a co-respondent, and the adultery shall have been established, it shall be lawful for the Court to order the adulterer to pay the whole or any part of the costs of the proceedings. [20 & 21 Vict., c. 85, s. 34]; R.S. 1897, c. 62, s. 19.
Custody Of Children
20. In any suit or other proceeding for obtaining a judicial separation or a decree of nullity of marriage, and on any petition for dissolving a marriage, the Court may from time to time, before making its final decree, make such interim orders, and may make such provision in the final decree, as it may deem just and proper with respect to the custody, maintenance, and education of the children the marriage of whose parents is the subject of such suit or other proceeding, and may, if it shall think fit, direct proper proceedings to be taken for placing such children under the protection of the Court of Chancery. [20 & 21 Vict., c. 85, s. 35]; R.S. 1897, c. 62, s. 20.
Questions Of Fact May Be Tried Before The Court
21. In questions of fact arising in proceedings under this Act it shall be lawful for, but, except as hereinbefore provided, not obligatory upon, the Court to direct the truth thereof to be determined before itself, or before any one or more of the Judges of the said Court, by the verdict of a special or common jury. [20 & 21 Vict., c. 85, s. 36]; R.S. 1897, c. 62, s. 21.
Jury May Be Summoned
22. The Court, or any Judge thereof, may make all such rules and orders upon the Sheriff or any other person for procuring the attendance of a special or common jury for the trial of such question as may now be made by any of the Superior Courts of Common Law at Westminster, and may also make any other orders which to such Court or Judge may seem requisite; and every such jury shall consist of persons possessing the like qualifications, and shall be struck, summoned, balloted for, and called in like manner, as if such jury were a jury for the trial of any cause in any of the said Superior Courts; and every juryman so summoned shall be entitled to the same rights, and subject to the same duties and liabilities, as if he had, been duly summoned, for the trial of any such cause in any of the said Superior Courts; and every party to any such proceeding shall be entitled to the same rights as to challenge and otherwise as if he were a party to any such cause. [20 & 21 Vict., c. 85, s. 37]; R.S. 1897, c. 62, s. 22.
Question Shall Be Reduced Into Writing - Jury Shall Be Sworn
23. When any such question shall be so ordered to be tried, such question shall be reduced into writing in such form as the Court shall direct, and at the trial the jury shall be sworn to try the said question, and a true verdict to give thereon according to the evidence; and upon every such trial the Court or Judge shall have the same powers, jurisdiction, and authority as any Judge of any of the said Superior Courts sitting at Nisi Prius. [20 & 21 Vict., c. 85, s. 38]; R.S. 1897, c. 62, s. 23.
Bills Of Exceptions, Special Verdict, And Special Case
24. Upon the trial of any such question or of any issue under this Act, a bill of exceptions may be tendered, and a general or special verdict or verdicts, subject to a special case, may be returned, in like manner as in any cause tried in any of the said Superior Courts; and every such bill of exceptions, special verdict, and special case respectively shall be stated, settled, and sealed in like manner as in any cause tried in any of the said Superior Courts, and where the trial shall not have been had in the Court for Divorce and Matrimonial Causes shall be returned into such Court without any writ of error or other writ; and the matter of law in every such bill of exceptions, special verdict, and special case shall be heard and determined by the Full Court, subject to such right of appeal as is hereinafter given in other cases. (20 & 21 Vict., c. 85, s. 39]; R.S. 1897, c. 62, s. 24.
Affidavit In Support Of A Petition
25. Every person seeking a decree of nullity of marriage, or a decree of judicial separation, or a dissolution of marriage, or decree in a suit of jactitation of marriage, shall, together with the petition or other application for the same, file an affidavit verifying the same so far as he or she is able to do so, and stating that there is not any collusion or connivance between the deponent and the other party to the marriage. [20 & 21 Vict., c. 85, s. 41]; R.S. 1897, c. 62, s. 25.
Service Of Petition
26. Every such petition shall he served on the party. to be affected thereby, either within or without Her Majesty's dominions, in such manner as the Court shall by any general or special order from time to time direct, and for that purpose the Court shall have all the powers conferred by any Statute on the Court of Chancery: Provided always that the said Court may dispense with such service altogether in case it shall seem necessary or expedient so to do. [20 & 21 Vict., c. 85, s. 42]; R.S. 1897, c. 62, s. 26.
Examination Of Petitioner
27. The Court may, if it shall think fit, order the attendance of the petitioner, and may examine him or her, or permit him or her to be examined or cross-examined, on oath on the hearing of any petition, but no such petitioner shall be bound to answer any question tending to show that he or she has been guilty of adultery. [20 & 21 Vict., c. 85, s. 42]; R.S. 1897, c. 62, s. 27.
28. The Court may from time to time adjourn the hearing of any such petition, and may require further evidence thereon, if it shall see fit so to do. [20 & 21 Vict., c. 85, s. 44]; R.S. 1897, c. 62, s. 28.
Court May Order Settlement
29. In any case in which the Court shall pronounce a sentence of divorce or judicial separation for adultery of the wife, if it shall be made to appear to the Court that the wife is entitled to any property either in possession or reversion, it shall be lawful for the Court, if it shall think proper, to order such settlement as it shall 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 or any of them. [20 & 21 Vict., c. 85, s. 45]; R.S. 1897, c. 62, s. 29.
30. Subject to such rules and regulations as may be established as herein provided, the witnesses in all proceedings before the Court where their attendance can be had shall be sworn and examined orally in open Court: Provided that parties, except as hereinbefore provided, shall be at liberty to verify their respective cases in whole or in part by affidavit, but so that the deponent in every such affidavit shall, on the application of the opposite party or by direction of the Court, be subject to be cross-examined by or on behalf of the opposite party orally in open Court, and after such cross-examination may be re-examined orally in open Court as aforesaid by or on behalf of the party by whom such affidavit was filed. [20 & 21 Vict., c. 85, s. 46]; R.S. 1897, c. 62, s. 30.
Court May Issue Commission - Examination Of Witnesses Abroad, Unable To Attend
31. Provided that where a witness is out of the jurisdiction of the Court, or where, by reason of his illness or from other circumstances, the Court shall not think fit to enforce the attendance of the witness in open Court, it shall be lawful for the Court to order a commission to issue for the examination of such witness on oath, upon interrogatories or otherwise, or, if the witness be within the jurisdiction of the Court, to order the examination of such witness on oath, upon interrogatories or otherwise, before any officer of the said Court, or other person to be named in such order for the purpose; and all the powers given to the Courts of Law at Westminster by the Acts of the thirteenth year of King George the Third, chapter sixty-three, and of the first year of King William the Fourth, chapter twenty-two, for enabling the Courts of Law at Westminster to issue commissions and give orders for the examination of witnesses in actions depending in such Courts, and to enforce such examination, and all the provisions of the said Acts, and of any other Acts for enforcing or otherwise applicable to such examination and the witnesses examined, shall extend and be applicable to the Court and to the examination of witnesses under the commissions and orders of the said Court, and to the witnesses examined, as if such Court were one of the Courts of Law at Westminster, and the matter before it were an action pending in such Court. [20 & 21 Vict., c. 85, s. 47]; R.S. 1897, c. 62, s. 31.
Rules Of Evidence
32. The rules of evidence observed in the Superior Courts of Common Law at Westminster shall be applicable to and observed in the trial of all questions of fact in the Court. [20 & 21 Vict., c. 85, s. 48]; R.S. 1897, c. 62, s. 32.
Attendance Of Witnesses
33. The Court may, under its seal, issue writs of subpoena or subpoena duces tecum, commanding the attendance of witnesses at such time and place as shall be therein expressed; and such writs may be served in any part of Great Britain or Ireland; and every person served with such writ shall be bound to attend, and to be sworn and give evidence in obedience thereto, in the same manner as if it had been a writ of subpoena or subpoena duces tecum issued from any of the said Superior Courts of Common Law in a cause pending therein, and served in Great Britain or Ireland, as the case may be: Provided that any petitioner required to be examined, or any person called as a witness or required or desiring to make an affidavit or deposition under or for the purposes of this Act, shall be permitted to make his solemn affirmation or declaration instead of being sworn in the circumstances and manner in which a person called as a witness or desiring to make an affidavit or deposition would be permitted so to do under the "Common Law Procedure Act, 1854," in cases within the provisions of that Act. [20 & 21 Vict., c. 85, s. 49]; R.S. 1897, c. 62, s. 33.
Penalties For False Evidence
34. All persons wilfully deposing or affirming falsely in any proceeding before the Court shall be deemed to be guilty of perjury, and shall be liable to all the pains and penalties attached thereto. [20 & 21 Vict., c. 85, s. 50] ; R. S. 1897, c. 62, s. 34.
35. The Court on the hearing of any suit, proceeding, or petition under this Act, and the House of Lords on the hearing of any appeal under this Act, may make such order as to costs as to such Court or House respectively may seem just: Provided always that there shall be no appeal on the subject of costs only. [20 & 21 Vict., c. 85, s. 51]; R.S. 1897, c. 62, s. 35.
Enforcement Of Orders and Decrees
36. All decrees and orders to be made by the Court in any suit, proceeding, or petition to be instituted under authority of this Act shall be enforced and put in execution in the same or the like manner as the judgments, orders, and decrees of the High Court of Chancery may be now enforced and put in execution. [20 & 21 Vict., c. 85, s. 52]; R.S. 1897, c. 62, s. 36.
Power To Make Rules
37. The Court shall make such rules and regulations concerning the practice and procedure under this Act as it may from time to time consider expedient, and shall have full power from time to time to revoke or alter the same. [20 & 21 Vict., c. 85, s. 53]; R.S. 1897, c. 62, s. 37.
Fees To Be Regulated
38. The Court shall have full power to fix and regulate from time to time the fees payable upon all proceedings before it, all which fees shall be received, paid, and applied as herein directed: Provided always that the said Court may make such rules and regulations as it may deem necessary and expedient for enabling persons to sue in the said Court in formā pauperis. [20 & 21 Vict., c. 85, s. 54); R.S. 1897, c. 62, s. 38.
Appeal From The Judge Ordinary To The Full Court
39. Either party dissatisfied with any decision of the Court in any matter which, according to the provisions aforesaid, may be made by the Judge Ordinary alone, may, within three calendar months after the pronouncing thereof, appeal therefrom to the Full Court, whose decision shall be final. [20 & 21 Vict., c. 85, s. 55]; R.S. 1897, c. 62, s. 39.
Liberty ToParties To Marry Again
40. When the time hereby limited for appealing against any decree dissolving a marriage shall have expired, and no appeal shall have been presented against such decree, or when any such appeal shall have been dismissed, or when in the result of any appeal any marriage shall be declared to be dissolved, but not sooner, it shall be lawful for the respective parties thereto to marry again, as if the prior marriage had been dissolved by death: Provided always that no clergyman in holy orders of the United Church of England and Ireland shall be compelled to solemnize the marriage of any person whose former marriage may have been dissolved on the ground of his or her adultery, or shall be liable to any suit, penalty, or censure for solemnizing or refusing to solemnize the marriage of any such person. [20 & 2l Vict., c. 85, s. 57]; R.S. 1897, c. 62, s. 40.
No Clergyman Compelled To Solemnize Ceretain Marriages
41. Provided always that when any minister of any church or chapel of the United Church of England and Ireland shall refuse to perform such marriage service between any persons who but for such refusal would be entitled to have the same service performed in such church or chapel, such minister shall permit any other minister in holy orders of the said United Church, entitled to officiate within the diocese in which such church or chapel is situate, to perform such marriage service in such church or chapel. [20 & 21 Vict., c. 85, s. 58]; R.S. 1897, c. 62, s. 41.
No Action For Criminal Conversation
42. After this Act shall have come into operation no action shall be maintainable in England for criminal conversation. [20 & 21 Vict., c. 85, s. 59]; R.S. 1897, c. 62, s. 42.
Judge Ordinary May Sit In Chambers
43. It shall be lawful for the Judge Ordinary of the Court for Divorce and Matrimonial Causes for the time being to sit in Chambers for the despatch of such part of the business of the said Court as can in the opinion of the said Judge Ordinary, with advantage to the suitors, be heard in Chambers, and such sittings shall from time to time be appointed by the said Judge Ordinary. [21 & 22 Vict., c. 108, s. 1]; R.S. 1897, c. 62, s. 43.
Powers Of Judge When Sitting In Chambers
44. The said Judge Ordinary when so sitting in Chambers shall have and exercise the same power and jurisdiction in respect of the business to be brought before him as if sitting in open Court. [21 & 22 Vict., c. 108, s. 3]; R.S. 1897, c. 62, s. 44.
Indemnity To Corporations, Etc.
45. All persons and corporations who shall, in reliance on any order or decree, make any payment to, or permit any transfer or act to be made or done by, the wife who has obtained an order of protection shall, notwithstanding such order or decree may then have been discharged, reversed, or varied, or the separation of the wife from her husband may have ceased, or at some time since the making of the order or decree been discontinued, be protected and indemnified in the same way in all respects as if, at the time of such payment, transfer, or other act, such order or decree were valid and still subsisting without variation in full force and effect, and the separation of the wife from her husband had not ceased or been discontinued, unless at the time of such payment, transfer, or other act such persons or corporations had notice of the discharge, reversion, or variation of such order or decree, or of the cessation or discontinuance of such separation. [21 & 22 Vict., c. 108, s. 10]; R.S. 1897, c. 62, s. 45.
Co-Respondent May Be Dismissed
46. In all cases now pending or hereafter to be commenced in which, on the petition of a husband for a divorce, the alleged adulterer is made co-respondent, or in which, on the petition of a wife, the person with whom the husband is alleged to have committed adultery is made a respondent, it shall be lawful for the Court, after the close of the evidence on the part of the petitioner, to direct such co-respondent or respondent to be dismissed from the suit, if it shall think there is not sufficient evidence against him or her. [21 & 22 Vict., c. 108, s. 11]; R.S. 1897, c. 62, s. 46.
Bills Subject To Taxation
47. The bill of any proctor, attorney, or solicitor, for any fees, charges, or disbursements in respect of any business transacted in the Court for Divorce and Matrimonial Causes, and whether the same was transacted before the Full Court or before the Judge Ordinary, shall, as well between proctor or attorney or solicitor and client as between party and party, be subject to taxation by any one of the Registrars belonging to the principal registry of the Court of Probate, and the mode in which any such bill shall be referred for taxation, and by whom the costs of taxation shall be paid, shall be regulated by the rules and orders to be made under the Act of the twentieth and twenty-first of Victoria, chapter eighty-five, and the certificate of the Registrar of the amount at which such bill is taxed shall be subject to appeal to the Judge of the said Court. [21 & 22 Vict., c. 108, s. 13]; R S. 1897, c. 62, s. 47.
Judge Ordinary May Grant Rule Nisi For New Trial
48. Where any trial shall have been had by a jury before the Full Court or before the Judge Ordinary, or upon any issue directed by the Full Court or by the Judge Ordinary, it shall be lawful for the Judge Ordinary, subject to any rules to be hereafter made, to grant a rule nisi for a new trial, but no such rule shall be made absolute except by the Full Court. [21 & 22 Vict., c. 108, s. 18]; R.S. 1897, c. 62, s. 48.