No decree shall be made for a divorce a mensa et thoro, but in like cases to those in which a decree for a divorce a mensa et thoro might have been heretofore pronounced in England by any Court having jurisdiction in the matter, the Supreme Court may pronounce a decree for a judicial separation, which shall have the same force and effect as a divorce a mensa et thoro.

A decree for a judicial separation which shall have the effect of a divorce a mensa et thoro under the law heretofore existing in England, and such other legal effect as herein mentioned, may be obtained either by the husband or wife on the ground of adultery or of cruelty, or of desertion without cause for a period of two years.

Application for restitution of conjugal rights or for judicial separation on any of the grounds aforesaid may be made by either husband or wife by petition to the Court; and the Court, on being satisfied of the truth of the allegations therein contained, and that there is no legal ground why the same should not be granted, may decree such restitution of conjugal rights or judicial separation accordingly, and where the application is by the wife the Court may make any order for alimony which it deems just.

A decree for restitution of conjugal rights shall not be enforced by attachment; but where the application is by the wife the Court may, at the time of making such decree, or at any time afterwards, order that, in the event of the decree not being complied with within any time in that behalf limited by the Court, the respondent shall make to the petitioner such periodical payments as may be just.

Such order may be enforced in the same manner as an order for alimony in a suit for judicial separation.

The Court may, if it thinks fit, order that the husband shall, to the satisfaction of the Court, secure to the wife such periodical payments, and for that purpose may refer it to the Registrar to settle and approve of a proper deed or instrument to be executed by all necessary parties.

Where the application for restitution of conjugal rights is by the husband, if it appears to the Court that the wife is entitled to any property, either in possession or reversion, and whether subject to restraint on anticipation or not, or is in receipt of any profits of trade or earnings, the Court may order a settlement to be made to the satisfaction of the Court of such property or any part thereof for the benefit of the petitioner and of the children of the marriage, or any of them, or may order such part as the Court thinks reasonable of such profits of trade or earnings to be periodically paid by the respondent to the petitioner for his own benefit, or to the petitioner or any other person for the benefit of the children of the marriage, or any of them.

With respect only to decrees for restitution of conjugal rights made before the date of the coming into operation of “The Divorce and Matrimonial Causes Act Amendment Act, 1907,” and to similar decrees made thereafter in suits for restitution of conjugal rights commenced before that date, the following provisions shall apply:—

At any time before final decree, on any application for restitution of conjugal rights, or after final decree if the respondent fails to comply forthwith, the Court may, upon application for that purpose, make from time to time all such orders and provisions with respect to the custody, maintenance, and education of the children of the petitioner and respondent as might have been made by interim orders during the pending of a suit for judicial separation between the same parties.

In all suits and proceedings other than proceedings to dissolve any marriage, the Court shall proceed and act and give relief on principles and rules which, in the opinion of the Court, as nearly as may be conform to the principles and rules upon which the Ecclesiastical Courts of England have heretofore acted and given relief, but subject to the provisions herein contained and to the rules and orders made under this Act.

Any husband or wife upon the application of whose wife or 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, upon the ground that it was obtained in his or her absence, and that there was reasonable ground for the alleged desertion when 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.

Where a wife has obtained a decree for judicial separation she shall, until the same is reversed or discharged, be considered as a feme sole for any purpose for which a wife who has obtained an order under the provisions of Part II of “The Married Women’s Property Act, 1908,” is considered as a feme sole.

Where the Court makes 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 it deems expedient, and may from time to time appoint a new trustee, or remove any existing trustee thereof, if for any reason it appears to the Court expedient so to do.

In every case of judicial separation the wife shall from the date of the. decree, and whilst the separation continues, 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 dies intestate, go as the same would have gone if her husband had been then dead:

Provided that if any such wife again cohabits with her husband all such property as she may be entitled to when such cohabitation takes place shall be held to her separate use, subject, however, to any agreement in writing made between herself and her husband whilst separate.

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 proceedings, 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 is not duly paid by the husband, he shall be liable for necessaries supplied for her use:

Provided also that nothing herein shall prevent the wife from joining at any time during such judicial separation in the exercise of any joint power given to herself and her husband.

The provisions of this Act respecting the property of a wife who has obtained a decree for judicial separation, or an order for protection, shall be deemed to extend to property to which she has become or shall become entitled as executrix, administratrix, or trustee since the decree for 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.

Where a wife obtains a decree for judicial separation, or an order to protect her earnings or property, such decree or order, until reversed or discharged, shall, so far as may be necessary for the protection of any person dealing with the wife, be deemed valid and effectual; and no discharge, variation, or reversal of such decree or order shall prejudice or affect any rights or remedies which any person would have had in case the same had not been so reversed, varied, or discharged in respect of any debts, contracts, or acts of the wife incurred, entered into, or done between the times of making such decree or order and of the discharge, variation, or reversal thereof; and property of or to which the wife is possessed or entitled for an estate in remainder or reversion at the date of the decree or desertion, as the case may be, shall be deemed to be included in the protection given by the decree or order.

If any person, in reliance on any such decree or order as aforesaid, makes any payment to or permits any transfer or act to be made or done by the wife who has obtained the same, notwithstanding such decree or order may then have been discharged, reversed, or varied, or the separation of the wife from the husband may have ceased, or at some time since the making of the decree or order have been discontinued, such person shall be protected and indemnified in the same way in all respects as if at the time of such payment, transfer, or other act such decree or order were valid and still subsisting without variation in full force and effect, and the separation of the wife from the husband had not ceased or been discontinued, unless at the time of such payment, transfer, or other act such person had notice of the discharge, reversal, or variation of such decree or order, or of the cessation or discontinuance of such separation.

Any married person who at the time of the institution of the suit or other proceeding is domiciled in New Zealand for two years may present a petition to the Court praying, on one or more of the grounds mentioned in this section, that his or her marriage with the respondent may be dissolved:—

If in the opinion of the Court the petitioner’s own habits or conduct induced or contributed to the wrong complained of, such petition may be dismissed; but in all other cases under this section, if the Court is satisfied that the case of the petitioner is established, the Court shall pronounce a decree dissolving the marriage.

A deserted wife who was domiciled in New Zealand at the time of desertion shall be deemed, for the purposes of this Act, to have retained her New Zealand domicile, notwithstanding that her husband may have since the desertion acquired any foreign domicile.

Irrespective of her right to petition under the last preceding section, a wife may present a petition to the Court praying that her marriage may be dissolved on the ground that since the celebration thereof her husband has been guilty of incestuous adultery, or of bigamy with adultery, or of rape, or of sodomy, or of bestiality, or of adultery coupled with such cruelty as without adultery would have entitled her to a divorce a mensa et thoro under the law heretofore existing in England, or of adultery coupled with desertion without reasonable excuse for two years or upwards.

Every petition under this or the last preceding section shall state as distinctly as the nature of the case permits the facts on which the claim to have such marriage dissolved is founded.

For the purposes of this Act “incestuous adultery” means adultery committed by a husband with a woman whom, if his wife were dead, he could not lawfully marry by reason of her being within the prohibited degrees of consanguinity or affinity; and “bigamy” means marriage of any person being married to any other person during the life of his or her former wife or husband, whether the second marriage took place within His Majesty’s dominions or elsewhere.

Upon a petition presented by a husband for dissolution of marriage on the ground of adultery the petitioner shall make the alleged adulterer a co-respondent to the petition, unless on special grounds, to be stated in the petition and allowed by the Court, he is excused from so doing; and on every petition presented by a wife for dissolution of marriage on such ground the Court 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.

It shall be the duty of the Registrar, on the filing of any petition for dissolution of marriage, to send a copy thereof to the Solicitor-General.

The Attorney-General or the Solicitor-General may, if he thinks fit, oppose the petitioner obtaining a decree of dissolution of marriage, or show cause why such a decree should not issue.

When the ground of any petition for dissolution of marriage is the lunacy or unsoundness of mind of the respondent, it shall be the duty of the Solicitor-General to take on behalf of the respondent such steps in the matter of the petition as he may consider necessary in the interests of the respondent.

By leave of the Court, or of a Judge, any other person may oppose the petitioner obtaining a decree of dissolution of marriage, but no such leave shall be granted except on an affidavit showing to the satisfaction of the Court or Judge that there is reasonable ground to believe that the petitioner has been in some manner accessory to or conniving at the adultery.

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 not the petitioner has been in any manner accessory to or conniving at the adultery, or has condoned the same, and the Court shall also inquire into any counter charge which may be made against the petitioner.

No covenant or agreement between the parties to a suit for dissolution of marriage shall operate as a bar to a petition presented by either of them.

Where the Court, on the evidence in relation to any such petition, is not satisfied that the alleged adultery has been committed, or finds 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 the respondents or either of them, or with any person liable to be made a respondent under the provisions hereinbefore contained, the Court shall dismiss the petition.

Where on a petition for dissolution of marriage the Court is satisfied on the evidence that the case of the petitioner has been proved, and does 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 as aforesaid, the Court shall pronounce a decree declaring such marriage to be dissolved.

Where on the petition of a husband for dissolution of marriage the alleged adulterer is made a co-respondent, or where on the petition of a wife the person with whom her husband is alleged to have committed adultery is made a respondent, the Court, after the close of the evidence on the part of the petitioner, may direct such co-respondent or respondent to be dismissed from the suit if it thinks there is not sufficient evidence against him or her, and in its discretion may award him or her costs.

Every decree for dissolution of marriage shall in the first 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 by general or special order from time to time directs; and during that period any person may, in such manner as the Court by general or by special order in that behalf from time to time directs, 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 having been brought before the Court; and on cause being so shown the Court shall deal with the case either by making the decree absolute, or by reversing the decree nisi, or by requiring further inquiry, or otherwise as justice requires.

At any time during the progress of the cause, or before the decree is made absolute, any person may give information to the Attorney-General or Solicitor-General of any matter material to the due decision of the case, and the Attorney-General or the Solicitor-General may thereupon take such steps as he deems necessary or expedient.

If from any such information or otherwise the Attorney-General or Solicitor-General suspects 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 by leave of the Court intervene in the suit, alleging such collusion, and subpoena witnesses to prove it; and the Court may order the costs arising from such intervention to be paid by the parties, or such of them as it sees fit, including a wife if she has separate property.

On every decree nisi in any suit or other proceeding for dissolution of marriage the Registrar shall indorse a notice that if the petitioner or respondent contracts marriage before such decree is made absolute he or she will be guilty of bigamy; but it shall not be necessary for the petitioner to move to make absolute any decree nisi.

After the expiration of the time limited in hat behalf the Registrar, on the request in writing of the petitioner, and if no matter in opposition to the final decree is then pending, may issue the decree absolute as of course.

If for the period of one month after the expiration of the time so limited the petitioner neglects or fails to so apply, then the Registrar, on the request in writing of the respondent, and after the respondent has given to the petitioner three days’ notice, or such substituted notice as the Court may allow, and if no matter in opposition to the final decree is then pending, may issue the decree absolute as of course, and the Court shall have the same powers as it would have if the application were made by the petitioner.

Where the time limited for appealing against any decree dissolving a marriage has expired, and no appeal has been presented against such decree, or where any such appeal has been dismissed, or where in the result of any appeal any marriage is 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.

In cases where under this Act there is no right of appeal, the parties respectively shall be at liberty to marry again at any time after the pronouncing or issue of the decree absolute.

No action for criminal conversation shall be commenced in New Zealand.

A husband may, either in a petition for dissolution of marriage or for judicial separation, claim damages from any person on the ground of his having committed adultery with the wife of the petitioner, and such petition shall be served on the alleged adulterer and the wife, unless the Court dispenses with such service or directs some other service to be substituted.

The claim made by such petition shall be heard and tried on the same principles, in the same manner, and subject to the same or the like rules as governed actions for criminal conversation when heretofore tried and decided in the Supreme Court; and all the provisions 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 section.

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 such damages shall be paid or applied in such manner as the Court directs, and the Court may 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:

Provided that if any such petition is dismissed no damages shall be given to or on the behoof of any such petitioner

In any petition by a husband for dissolution of marriage or judicial separation on the ground of the adultery of his wife, no damages shall be claimed in respect of an act of adultery committed more than three years before the filing of the petition:

Provided that nothing herein shall affect the right of any petitioner to a decree for dissolution of marriage or judicial separation on the ground of adultery committed more than three years before the filing of the petition.

Where in any petition presented by a husband the alleged adulterer has been made a co-respondent and the adultery has been established, the Court may order the adulterer to pay the whole or any part of the costs of the proceedings.

The Court may, if it thinks fit, on any decree for dissolution of marriage or judicial separation 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 deems reasonable, and for that purpose may settle and approve, or refer it to the Registrar of the Court to settle and approve, of a proper deed or instrument to be executed by all necessary parties; and the Court may in such case, if it sees fit, suspend the pronouncing of its decree until such deed has been duly executed.

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;

Provided that in every such case it shall be lawful for the Court to make an order on the husband for payment to the wife, during their joint lives, of such monthly or weekly sums for her maintenance and support as the Court thinks reasonable:

Provided also that if the husband afterwards from any cause becomes unable to make such payments the Court may discharge or modify the order, or temporarily suspend the same as to the whole or any part of the money so ordered to be paid, and may again revive the same order, wholly or in part, as the Court thinks fit.

Where a decree for dissolution of marriage is obtained against a husband who has no property on which, in the opinion of the Court, the payment of any gross or annual sum can be secured to the wife, the Court may make an order on the husband for payment to the wife, during their joint lives, of such monthly or weekly sums for her maintenance and support as the Court thinks reasonable:

Provided that if the husband afterwards from any cause becomes less able to make such payments the Court may discharge or modify the order, or temporarily suspend the same as to the whole or any part of the money so ordered to be paid, and again revive the same order, wholly or in part, as the Court thinks fit:

Provided also that if the wife marries again or if there is any other just cause for so doing, the Court may, on proof thereof, discharge the order, or, if there are infant children in her custody, may vary the same.

The provisions of this section shall apply in the case of a decree of dissolution of marriage against a wife who has no property on which, in the opinion of the Court, the payment of any gross or annual sum can be secured to the husband.

Where it is proved to the satisfaction of the Court that any deed, conveyance, agreement, or instrument has been executed or made by or on behalf of, or by direction of, or in the interest of a respondent husband or wife, or a co-respondent, in order to defeat the claim or rights of the petitioner in respect of damages, alimony, costs, or maintenance of children, such deed, conveyance, agreement, or instrument may, on the application of the petitioner, and on such notices being given as the Court or Judge may direct, be set aside, on such terms as the Court thinks proper.

If the Court on the hearing of the application so orders and declares, any money or property, real or personal, dealt with by such deed, conveyance, agreement, or instrument as aforesaid may be taken in execution at the suit of the petitioner, or may be charged with the payment of such sum for the maintenance of the petitioner, or of the petitioner and children, as the Court directs.

The Court may make such order for the protection of a bona fide purchaser as it thinks just.

The respondent or co-respondent, as the case may be, and any one acting in collusion with the respondent or co-respondent, may be ordered to pay the costs of the petitioner and of a bona fide purchaser of and incidental to the execution of such deed, conveyance, agreement, or instrument, and of setting the same aside.

Where it appears to the Court that there is reasonable ground for believing that a sale of real estate is about to be made by a respondent or co-respondent with intent to defeat a petitioner’s claim, or any decree or order in respect of damages, alimony, maintenance of children, or costs, the Court may by order restrain such sale, or order the proceeds of the sale to be paid into Court, to be dealt with as the Court directs.

Any sale made after an order of the Court restraining such sale as aforesaid has been served on or come to the notice of the person selling, or any auctioneer, agent, or solicitor acting in such sale, shall be null and void; and the Court may consider any claim of any person interested, and may make such order in the premises as it thinks just.

In any suit or other proceeding under this Act for 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 deems just and proper with respect to the custody, maintenance, and education of the children the marriage of whose parents is the subject of the suit or other proceeding, and may if it thinks fit direct proper proceedings to be taken for placing such children under the protection of the Court.

The Court, after a final decree of judicial separation, nullity of marriage, or dissolution of marriage, may, upon application by petition for this purpose, make from time to time all such orders and provisions with respect to the custody, maintenance, and education of the children the marriage of whose parents was the subject of the decree, or for placing such children under the protection of the Court, as might have been made by such final decree or by interim order in case the proceeding for obtaining such decree were still pending.

In all undefended cases, where application is made to the Court to make the decree absolute, the Court may in its discretion give the wife the custody of one or more of the children; and may also do so in defended cases, on proof that the respondent has had notice of the intention of the petitioner, on the hearing of motion to make the decree absolute, to apply for the custody of one or more of the children.

The Court, after a final decree of nullity of marriage or dissolution of marriage, may inquire into the existence of ante-nuptial or post-nuptial settlements made on the parties whose marriage is the subject of the decree, and may make such orders with reference to the application of the whole or a portion of the property settled either for the benefit of the children of the marriage or of their respective parents, and notwithstanding that there are no children, as the Court thinks fit.

Where the Court pronounces a decree of divorce or judicial separation for adultery of the wife, if it appears to the Court that the wife is entitled to any property either in possession or reversion, it may order such settlement as it thinks 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.

Any instrument executed pursuant to such order made at the time or after the pronouncing of a 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.

In any suit or other proceeding instituted for dissolution of marriage or judicial separation, if the respondent opposes the relief sought on the ground of any cause entitling either husband or wife to any relief under this Act, the Court may in such a suit give to the respondent, on his or her application, the same relief to which he or she would have been entitled in case he or she had filed a petition seeking such relief.

In questions of fact arising in proceedings under Parts I to V of this Act it shall be lawful for but, except as hereinbefore provided, not obligatory on the Court to direct the truth thereof to be determined by the verdict of a jury.

Where any such question is so ordered to be tried, such question shall be decided in the manner provided by any law now or hereafter in force empowering the Court or a Judge thereof to direct an issue.

Every person seeking a decree of nullity of marriage, or a decree of judicial separation, or dissolution of marriage, or a 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 the deponent 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.

Every such petition shall be served on the party to be affected thereby, either within or without New Zealand, in such manner as the Court by any general or special order from time to time directs, and for that purpose the Court shall have and may exercise all the powers it now possesses by law:

Provided that the Court may dispense with such service altogether where it seems necessary or expedient so to do.

The Court may, if it thinks fit, order the attendance of the petitioner or respondent, 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.

The Court may from time to time adjourn the hearing of any such petition, and may require further evidence thereon if it sees fit so to do.

The witnesses in all proceedings before the Court, where their attendance can be had, shall be sworn and examined orally in open Court, and such attendance and the production of documents by them shall be compelled in the same manner as in an action at law, but the parties shall be at liberty to verify their respective cases, in whole or in part, by his or her own affidavit, but so that the deponent in every such affidavit shall, on the application of the opposite party or by the 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 on his or her own behalf.

It shall be lawful for the Court or a Judge to order the examination of witnesses, and also to order a commission to issue for the examination of witnesses, in the same way to all intents as if the matter before it were an action pending in the ordinary jurisdiction.

Subject to the foregoing provisions of this Act relating to costs, the Court, on the hearing of any suit, proceeding, or petition under Parts I to V of this Act, may make such order as to costs as to the Court seems just.

All decrees and orders made by the Court in any suit, proceeding, or petition instituted under Parts I to V of this Act shall be enforced and put in execution in the same or in the like manner as other judgments, orders, and decrees of the Court may be enforced and put in execution.

The Governor in Council may fix from time to time the fees payable on all proceedings under Parts I to V of this Act, but nevertheless rules may be made under section four hereof enabling persons to sue under this Act informa pauperis.

All rules concerning the practice, pleading, or procedure, and all orders fixing the fees payable under Part I to V of this Act, shall, within one month after the making thereof, be laid before Parliament if then sitting, or, if not, then within one month after the commencement of the next ensuing session.

On any petition presented by a wife praying that her marriage may be dissolved by reason of her husband having been guilty of adultery coupled with cruelty, or of adultery coupled with desertion, the husband and wife respectively shall be competent and compellable to give evidence of or relating to such cruelty or desertion.

The Court may, on the application of either the petitioner or the respondent, or at its discretion, if it thinks it proper in the interests of public morals, hear and try any such suit or proceeding in Chambers, and may at all times in any suit or proceeding, whether heard and tried in Chambers or in open Court, make an order forbidding the publication of any report or account of the evidence or other proceedings therein, either as to the whole or any portion thereof; and the breach of any such order, or any colourable or attempted evasion thereof, may be dealt with as contempt of Court.

Any Judge of the Court in any cause may sit in Chambers for the despatch of such part of the business of the Court as in his opinion can with advantage to the parties be heard in Chambers; and the time at which such sitting shall be held shall from time to time be fixed by such Judge:

Provided that no question shall be heard in Chambers which either party requires to be heard in open Court.

The Judge, 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.

Where any trial has been heard by a jury before the Court, or upon any issue directed by the Court, the Court may grant a rule nisi for a new trial.

In cases where, for the purposes of Parts I to V of this Act, it is necessary to obtain affidavits, declarations, or affirmations from persons residing in foreign parts out of His Majesty’s dominions, the same may be sworn, declared, or affirmed before any British Ambassador, Envoy, Minister, Chargé d’ Affaires, or Secretary of Embassy or Legation exercising his functions in any foreign country, or before any British Consul-General, Consul, Vice-Consul, Acting-Consul, Proconsul, or Consular Agent:

Provided that in places where there are no such persons as are last mentioned such affidavits, declarations, or affirmations may be made, declared, and affirmed before any foreign local Magistrate or other person having authority to administer an oath there.

Affidavits, declarations, and affirmations for the purposes of Parts I to V of this Act may be taken and sworn in any part of the British dominions before any Court, Judge, notary public, or person lawfully authorised to administer oaths therein; or, as far as relates to the Isle of Man and the Channel Islands, before any Commissary, Ecclesiastical Judge, or Surrogate who at the time of the passing of the Imperial Act of Parliament in the twentieth and twenty-first years of the reign of Her late Majesty Queen Victoria, Chapter Seventy-seven, was authorised to administer oaths in the Isle of Man or in the Channel Islands respectively; and all Judges, Registrars, and other officers of the Supreme Court of New Zealand shall take judicial notice of the seal or signature of any such Judge, notary public, or person which is attached, suspended, or subscribed to any such affidavit, declaration, or affirmation, or to any other document.

Every person is liable to imprisonment with or without hard labour for any period not less than seven years who forges any such seal or signature as last aforesaid, or any seal or signature impressed, affixed, or subscribed to any affidavit, declaration, or affirmation sworn, declared, or affirmed as hereinbefore provided, and to be used for the purposes of Parts I to V of this Act, or tenders in evidence any such document as aforesaid with a false or counterfeit seal or signature thereto, knowing the same to be false or counterfeit.

Where any such document has been admitted in evidence by virtue of Parts I to V of this Act, the Court or the person who has admitted the same may, at the request of any party against whom the same is so admitted in evidence, direct that the same shall be impounded and be kept in the custody of some officer of the Court or other proper person for such period and subject to such conditions as the said Court or person thinks fit.

Every person who wilfully gives false evidence, or swears, affirms, or declares falsely in any affidavit or deposition made under the authority of Parts I to V of this Act, before any person authorised to administer oaths thereunder, is liable to the penalties and consequences of wilful and corrupt perjury.

Either party dissatisfied with the decision of the Court or of any Judge thereof in any matter may, within three months after the pronouncing thereof, appeal therefrom to the Court of Appeal, the decision of which shall be final.

Either party dissatisfied with the decision of the Court on any petition for the dissolution of marriage or for the nullity of marriage, who has not appealed to the Court of Appeal, may, within three months after the pronouncing thereof, appeal therefrom to His Majesty in Privy Council, subject to such terms and conditions as to alimony, custody, and maintenance of children, disposal of property, and costs of suit as the Court directs pending such appeal.

All the preceding provisions of this Act shall apply, mutatis mutandis, to the case of proceedings by a husband for the purpose of obtaining a decree of dissolution of marriage against a wife, or a judicial separation.

In this Part of this Act, if not inconsistent with the context, “Court” means a Magistrate’s Court, but does not include a Court held before Justices of the Peace.

Any married woman whose husband has been convicted summarily or otherwise of an aggravated assault upon her within the meaning of “The Justices of the Peace Act, 1908,” or whose husband has been convicted of an assault upon her and sentenced to pay a fine of five pounds or upwards or to a term of imprisonment exceeding two months, or whose husband has deserted her, or has been guilty of persistent cruelty to her, or of wilful neglect to provide reasonable maintenance for her or her infant children whom he is legally liable to maintain, may apply to any Court in the district in which any such conviction has taken place, or in which the cause of complaint wholly or partially arose, for an order under this Part of this Act:

Provided that where a married woman is entitled to apply for an order under this section on the ground of the conviction of her husband on indictment she may apply to the Court before which her husband was convicted, and that Court shall, for the purposes of this section, have the power without a jury to hear an application and adjudicate thereon.

The Court to which any application under this Part of this Act is made may make an order containing all or any of the provisions following, namely:—

No order shall be made under this Part of this Act on the application of a married woman if it is proved that she has committed adultery:

Provided that the husband has not condoned or connived at, or by his wilful neglect or by his misconduct conduced to, such act of adultery.

Any Magistrate acting in the district in which any order under this Part of this Act has been made may, on the application of the married woman or of her husband, and upon cause shown on fresh evidence to the satisfaction of the Court, at any time alter, vary, or discharge any such order, and may upon any such application from time to time increase or diminish the amount of any weekly payment ordered to be made.

If any married woman upon whose application any such order has been made voluntarily resumes cohabitation with her husband, or commits an act of adultery, such order shall upon proof thereof be discharged.

The Magistrate may, if he thinks fit, refer any application made under this section to a Magistrate in another district, and in such case shall transmit the original order and any other necessary documents to the Clerk of the Court of such other district, and the Magistrate to whom such application is so referred shall have jurisdiction to hear and determine the same.

All applications under this Part of this Act to a Magistrate’s Court shall be by complaint on oath, and all other applications shall be by motion.

The Magistrate or the Clerk of the Court may refuse to issue a summons if he is of opinion that the application has not been made to the proper Court.

If in the opinion of the Magistrate the application should have been made to some other Court, he may make an order that the application be sent for hearing to such other Court; and thereupon all further proceedings thereon shall be had in such other Court as if the application had been originally made to such Court.

On the making of any such order the Clerk of the Court shall forthwith transmit to the Clerk of such Court a certified copy of the application, and of the order transferring the same; and the last-named Clerk shall enter the application in his book as if the same had been originally made to that Court.

The Magistrate of such Court shall appoint a day for the hearing, and notice thereof shall be given to both parties in such manner as such Magistrate directs.

No objection shall be taken at the hearing of any application, or at any subsequent stage of the proceedings, or by any other proceeding, on the ground that any application has been made to the wrong Court.

The payment of any sum of money directed to be paid by any order under this Part of this Act may be enforced in the same manner as the payment of money is enforced under “The Destitute Persons Act, 1908.”

In all Courts and in all proceedings under this Part of this Act—

If in the opinion of the Court the matter in question between the parties or any of them would be more conveniently or properly dealt with by the Supreme Court, the Court may refuse to make an order under this Part of this Act, and in such case no appeal shall lie from the decision of the Court.

Save as hereinbefore provided, an appeal shall lie from any order, or the refusal of an order, by the Court under this Part of this Act to the Supreme Court.

The Governor may from time to time by Order in Council make regulations concerning the practice and procedure in such appeals; and until such regulations are made, and so far as any such regulations when made do not apply, the provisions of “The Justices of the Peace Act, 1908,” relating to appeals shall apply to appeals under this Part of this Act.

The provisions of this Part of this Act shall also apply so as to entitle a married man to the benefit thereof, and to make his wife liable and subject to the provisions thereof; and for the purposes of this section the words “married man” or “husband,” or any similar expression or reference, shall, mutatis mutandis, be read throughout such provisions in lieu of the words “married woman” or “wife,” or any similar expression or reference, and the words “married woman” or “wife,” or any similar expression or reference, shall be read in lieu of the words “married man” or “husband,” or any similar expression or reference.