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judgments on petitions under “The Legitimacy Declaration Act, 1858."
An Act to Amend the Procedure and Powers of the Court for Divorce and Matrimonial Causes.
23 & 24 Vict. c. 144. 1. The judge ordinary may exercise all the powers of the full powers of judge. court, or may call in one of the other judges to assist him.
2. Provided that the judge ordinary may direct any matter to be heard by the full court.
Either party dissatisfied with the decision of the judge ordinary sitting alone, in granting or refusing any application for a new trial, may, within fourteen days, appeal to the full court, whose decision shall be final.
3. Where there is a right of appeal to the House of Lords, Appeal. from the decision of the Court of Appeal] 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.
An Act to Amend the Act relating to Divorce and Matrimonial Causes in England (20 & 21 Vict. c. 85).
27 & 28 VICT. 0. 44. 1. Where, under the provisions of sect. 21 of the said Act(a), Discharge of a wife deserted by her husband shall have obtained or shall protection order. obtain an order protecting her earnings and property as therein mentioned, the husband and any creditor or other person claiming under him may apply to the court or to the magistrate or justices by whom such order was made for the discharge thereof, as by the said Act authorised.
In case the order shall have been made by a police magistrate who shall have died, or been removed, or become incapable of acting, the husband, &c., may apply to the magistrates for the time being acting in the place of the one who made such order. An order for discharge of an order of protection may be applied for to the court, although not made by the court, and such order made at one petty sessions may be discharged at any later petty sessions, or by the court.
Divorce and Matrimonial Causes Act.
29 Vict. 0. 32. 1. It shall be lawful for the court on a decree for dissolution Alimony.
(a) Ante, p. 445.
Relief may be given to respondent.
of marriage to make an order on the husband for payment to the wife of such monthly or weekly sums for her maintenance and support as the court may think reasonable. Proviso: If the husband afterwards shall become unable to pay the same, the court may discharge, modify, or suspend such order, and again revive the same wholly or in part.
2. In any suit for dissolution if the respondent shall oppose the relief sought on the ground, in case of such a suit instituted by the husband, of his adultery, cruelty, or desertion, or by the wife on the ground of her adultery or cruelty, the court may give the respondent on application the same relief to which he or she would have been entitled if he or she had filed a petition seeking such relief.
3. No decree nisi for a divorce shall be made absolute until after the expiration of six months from pronouncing the same, unless the court shall fix a shorter time.
The Divorce Amendment Act, 1868.
31 & 32 Vict. c. 77. 3. Either party dissatisfied with the final decision of the court on a petition for dissolution or nullity of marriage may within one month after the pronouncing thereof appeal to the House of Lords. Proviso: No respondent or co-respondent not defending on the occasion of the decree nisi being made. shall have any right of appeal against the decree absolute unless the court at the time of pronouncing the same shall permit.
4. Sect. 57 of 20 & 21 Vict. c. 85, shall be read with reference to the time for appealing as varied by this Act. And in cases where under this Act there shall be no right of appeal, the parties respectively shall be at liberty to marry again at any time after the decree absolute.
The Matrimonial Causes Act, 1873.
36 Vict. 0. 31. 1. Sect. 7 of 23 & 24 Vict. c. 144, and sect. 3 of 29 & 30 Vict. c. 32, shall extend to decrees and suits for nullity of marriage in like manner as they apply to decrees and suits for divorce.
The Matrimonial Causes Act, 1878.
41 VICT. 0. 19. 2. When the Queen's Proctor or any other person shall intervene or show cause against a decree nisi in any suit or proceeding
Costs of intervention.
for divorce or for nullity of marriage, the court may make such order as to the costs of the Queen's Proctor, or of any other person who shall intervene or show cause as aforesaid, or of all and every party or parties thereto, occasioned by such intervention or showing cause as aforesaid, as may seem just ; and the Queen's Proctor, any other person as aforesaid, and such party or parties shall be entitled to recover such costs in like manner as in other cases: Provided that the Treasury may, if it shall think fit, order any costs which the Queen's Proctor shall, by any order of the court made under this section, pay to the said party or parties, to be deemed to be part of the expenses of his office.
The court may exercise the powers vested in it by the pro- Extension of visions of sect. 5 of 22 & 23 Vict. c. 61(a), notwithstanding that seriet. 6.622 & 23 there are no children of the marriage.
4. If a husband shall be convicted summarily or otherwise of Order by magisan aggravated assault within the meaning of the 24 & 25 Vict. trate where c. 100, s. 43 (6), upon his wife, the court or magistrate before victed of aggrawhom he shall be so convicted may, if satisfied that the future safety of the wife is in peril, order that the wife shall be no longer bound to cohabit with her husband ; and such order shall have the force and effect in all respects of a decree of judicial separation on the ground of cruelty ; and such order may further provide : (1.) That the husband shall pay to his wife such weekly sum
as the court or magistrate may consider to be in
any subsequent order varying it shall have been made ;
under the age of ten years shall, in the discretion of the
court or magistrate, be given to the wife. Provided always, that no order for payment of money by the husband, or for the custody of children by the wife, shall be made in favour of a wife who shall be proved to have committed adultery, unless such adultery has been condoned ; and
(a) Ante, p. 450.
(a) Part IV., post.
that any order for the payment of money or for the custody of children may be discharged by the court or magistrate by whom such order was made upon proof that the wife has since the making thereof been guilty of adultery ; and provided also, that all orders made under this section shall be subject to appeal to the Probate, Divorce, and Admiralty Division of the High Court of Justice.
STATUTES RELATING TO EVIDENCE AND
Refusing to Answer.
46 GEO. 3, c. 47. 1. A witness cannot by law refuse to answer a question relevant to the matter in issue, the answering of which has a tendency to accuse himself, or to expose him to penalty or forfeiture of any nature, by reason only that the answering of such question may establish, or tend to establish, that he owes a debt, or is otherwise subject to a civil suit.
An Act for improving the Law of Evidence.
6 & 7 Vict. 0. 85. 1. Witnesses are not to be excluded from giving evidence by reason of incapacity from crime or interest.
This Act is not to repeal any provision in the 7 Will. 4 & 1 Vict. c. 26 (the Wills Act). Proviso: In courts of equity a defendant may be examined as a witness on behalf of the plaintiff or a co-defendant, saving just exceptions. Interest in the matter in question shall not be deemed a just exception, but may affect the credit of such defendant as a witness.
Reception in evidence of offcial documents.
An Act to facilitate the Admission in Evidence of certain Official and other Documents.
8 & 9 VICT. 0. 113. 1. Any certificate, official, or public documents or document, or document or proceeding of any corporation or company, or any certified copy of any document, bye-law, entry in any register or other book, or other proceeding receivable in evidence by force of any Act of Parliament, shall be admitted in evidence, provided
(a) And see 24 & 25 Vict. c. 66, and 40 & 41 Vict. c. 14, post, Part IV.
they respectively purport to be sealed and signed, or signed alone, as required, or impressed with a stamp and signed as directed by the respective Acts, without any proof of the seal or stamp, where necessary, or of the signature or official character of the person appearing to have signed the same, and without any further proof thereof, in every case in which the original record could have been received in evidence.
2. All courts, judges, and other judicial officers shall take Signatures of judicial notice of the signatures of the judges of the superior courts,
judges. provided such signatures be attached or appended to any decree, order, or other judicial or official document.
3. Copies of private and local and personal Acts of Parliament, Copies of private if purporting to be printed by the Queen's printers, and copies of Acts, de. the journals of either House of Parliament, and of royal proclamations purporting to be printed by the printers to the Crown, or to either House of Parliament, shall be admitted as evidence, without proof that such copies were so printed.
4. Persons forging any such seal, stamp, signature, &c., as Forgery. aforesaid, or tendering the same knowing the same to be false or counterfeit, or printing any copy of a private Act purporting to be printed as aforesaid, shall be guilty of felony.
An Act to Amend the Law of Evidence.
14 & 15 Vict. c. 99. 2. On the trial of any issue joined, or of any matter or Parties may be question, or on any inquiry arising in any suit, action, or other proceeding in any court of justice, or before any person having by law or by consent of parties authority to hear, receive, and examine evidence, the parties thereto and the persons in whose behalf any such suit, action, or other proceeding may be brought or defended, shall, except as hereinafter excepted, be competent and compellable to give evidence, either vivâ voce or by deposition, according to the practice of the court, on behalf of either or any of the parties to the said suit, action, or other proceeding.
3. But nothing herein contained shall render any person who Criminal cases. in any criminal proceeding is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself or herself, or shall render any person compellable to answer any question tending to criminate himself or herself, or shall in any criminal proceeding render any husband competent or compellable to give evidence for or against his wife, or any wife competent or compellable to give evidence for or against her husband.