I of Exceptions,
Special Caze.
The Honghong Government Gazette.
[MAY 29, 1858.
MAY
XXXIX. Upon the Trial of any such Question or of any Issue under this Act a Bill of Exceptions Speck) Verdiet, and 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 Courts, subject to such Right of Appeal as is herein-after given in other Cases.
XL. It shall be lawful for the Court to direct One or more Issue or Issues to be tried in any Court forms to try any Fact, of Common Law, and either before a Judge of Assize in any County or at the Sittings for the Trial of Causes in Londen or Middlesex, and either by a Special or Common Jury, in like Manner as is now done by the Court of Chancery.
direct
A lavit in support ot a Petition.
Service of Petition.
Examination of Pe-
titioner.
Adjournment.
Court may order
XLI. 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.
XLII. Every such Petition shall be 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.
XLIII. 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.
XLIV. 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.
XLV. In any Case in which the Court shall pronounce a Sentence of Divorce or Judicial Separation Settlement of Property for Adultery of the Wife, if it shall be made appear to the Court that the Wife is entitled to any Property for Beacht of innocent either in possession or reversion, it shall be lawful for the Court, if it shall think proper, to order such Party and Children of Settlement as it shall think reasonable to be made of such Property or any Part thereof, for the Benefit of Marriage.
the innocent Party, and of the Children of the Marriage, or either or any of them. Mode of taking Evidence.
XLVI. Subject to such Rules and Regulations as may be established as herein provided, the Wit- nesses 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 herein-before 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-examina- tion may be re-examined orally in open Court as aforesaid by or on behalf of the Party by whom such Affidavit was filed.
Court may issue
XLVII. Provided, That where a Witness is out of the Jurisdiction of the Court, or where, by reason Commissions or give of his Illness or from other Circumstances, the Court shall not think fit to enforce the Attendance of the Orders for Examina- Witness in open Court, it shall be lawful for the Court to order a Commission to issue for the Examination tion of Witnesses
of such Witness on Oath, upon Interrogatories or otherwise, or if the Witness be within the Jurisdiction abroad or unable to
of the Court to order the Examination of such Witness on Oath, upon Interrogatories or otherwise, before attend.
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.
XLVIII. The Rules of Evidence observed in the Superior Courts of Common Law at Westminster Common Law Courts shall be applicable to and observed in the Trial of all Questions of Fact in the Court.
Rules of Evidence in
to be observed.
Attendance of Wit-
nesses on the Courts.
XLIX. The Court may, under its Seal, issue Writs of Subpoena or Subpoena duces tecum, command- ing 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, aud 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. Penalties for false Evidence.
Costs.
Enforcement Orders and Decrees,
of
L. All Persons wilfully deposing or affirming falsely in any Procceding before the Court shall be deemed to be guilty of Perjury, and shall be liable to all the Pains and Penalties attached thereto.
LI. 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.
LII. 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.
make Power to
LIII. The Court shall make such Rules and Regulations concerning the Practice and Procedure Rules, &c., for Pro- cedure, and to alter under this Act as it may from Time to Time consider expedient, and shall have full Power from Time to then from Time to Time to revoke or alter the same.
LIV. The Court shall have full Power to fix and regulate from Time to Time the Fees payable upon Fees to be regulated. 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 formá pauperis.
Time.
No Action in land for Criminal Co-
versation,
LIX. After this Act shall have come into operation no Action shall be maintainable in England for Criminal Conversation. -
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