Appeal to King in Council.
786
(2) In suits for dissolution of marriage or for nullity of marriage no respondent or co-respondent not appearing and defending the suit on the occasion of the decree nisi being made shall appeal against the decree being made absolute unless the court gives leave to appeal at the time of the decree being made absolute.
(3) No appeal from any order absolute for dissolution of marriage, or for nullity of marriage, shall lie in favour of any party who, having had time and opportunity to appeal. from the decree nisi, has not appealed therefrom.
(4) There shall be no appeal on the subject of costs only.
43. Subject to such rules as are made from time to time by His Majesty in Council regarding appeals from Colonial courts, any person may appeal to His Majesty in Council from any decree or order under this Ordinance made by the Full Court if the Full Court declares that the case is a fit one for appeal.
Liberty to parties to
re-mary.
Power to allow intervention on terms.
Suits for criminal conversation abolished.
Power to make rules.
Eules to be
laid before
Legislative
Council.
Bringing rules into operation.
Re-marriage
44. When the time limited for appealing against a decree absolute of dissolution of marriage or of nullity of marriage has expired, and no appeal has been presented against such decree, or when any such appeal has been dismissed, but not sooner, the respective parties may marry again as if the prior marriage had been dissolved by death.
Miscellaneous.
45. In any case in which any person is charged with adultery with any party to a suit, or in which the court considers, in the interest of any person not already a party to the suit, that such person should be made a party to the suit, the court may, if it thinks fit, allow that person to intervene upon such terms, if any, as the court thinks just.
46. No person competent to present a petition under sections 4 and 5 shall maintain a suit for criminal conversa- tion with his wife.
47.--(1) The Chief Justice may make rules to fix and regulate the fees and costs payable upon all proceedings in suits under this Ordinance, and also rules concerning the practice and procedure under this Ordinance as he considers expedient.
(2) Such rules may, amongst other things, vary any of the forms in the schedule, or may add new forms thereto.
(3) A copy of such rules made by the Chief Justice under this Ordinance, certified under the hand of the Chief Justice, shall be transmitted by him to the Governor, to be laid before the Legislative Council.
(4) No rule under this Ordinance shall come into opera- tion until it has been approved by resolution of the Legislative Council at some meeting thereof subsequent to the meeting at which it was first laid upon the table.
(5) Any rule so approved shall have the same force as though it had been enacted by this Ordinance.
(6) Unless otherwise provided by rule, the fees and costs payable shall be similar to the fees and costs payable in the Original Jurisdiction of the Supreme Court.
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