Divorce.

[CAP. 179]

limited for filing the last of such subsequent pleadings, or at an earlier stage of a cause by order of a judge to be obtained on summons, a wife who is petitioner or has filed an answer may file her bill or bills of costs for taxation as against her husband, and the Registrar shall ascertain what is a sufficient sum of money to be paid into court or what is a sufficient security to be given by the husband to cover the costs of the wife of and incidental to the hearing of the cause and shall report accordingly to the court. A judge may thereupon, unless satisfied that the wife has sufficient separate estate or unless other good cause be shown, order the husband to pay the wife's costs up to the setting down of the cause, and to pay into court or secure the costs of the hearing within a time to be stated in such order.

86. The bond taken to secure the costs of a wife of and incidental to the hearing of a cause shall be filed in the Registry, and shall not be delivered out or be sued upon without the order of a judge.

87. The order for payment of costs in which a respondent or co-respondent has been condemned by a decree nisi, if drawn up before the decree nisi is made absolute, shall direct payment into Court, and such costs shall not be paid out of court to the party entitled to receive them under the decree nisi until the decree absolute has been obtained; but a wife who is unsuccessful in a cause, and who at the hearing of the cause has obtained an order of the judge for costs, may nevertheless proceed at once to obtain payment of such costs after allowance thereof on taxation.

Code of Civil Procedure.

88. In any matter of practice or procedure which is not governed by Ordinance or dealt with by these rules the Code of Civil Procedure for the time being in force in (Cap. 4, respect of like matters shall be deemed to apply.

Forms.

89. The forms in the First Schedule shall be used with such variations as the circumstances of each case may require.

rules).

375

Page 20

Page 21

Share This Page