Divorce Procedure Amendment Act (1886 No 17a) (NSW)

No. XII .

An Act to amend t h e Mat r imonia l Causes

Acts in respect of P rocedure and cer ta in

o ther ma t t e r s . [8th September, 1886.]

respondent in any such suit after expi ra t ion of t he t ime l imited by t h e decree nisi and where no opposit ion was t h e n pend ing to t he m a k i n g of such decree absolute shal l be affected by reason only of i ts no t hav ing been made absolute as now prescribed. '6.

V[7"HE11EAS doubts have arisen as to t h e r i gh t of par t ies in cer ta in

y suits u n d e r the " Mat r imon ia l Causes A c t " and the Acts amend­

ing t h e same to requi re contested mat te r s of fact to be t r ied by a j u r y

a n d i t is expedient t o a m e n d t h e	said	Acts	in t h a t respect and	also
respect ing	procedure a n d cer ta in o ther	ma t t e r s u n d e r	those Acts	Be

i t therefore enacted by the Queen ' s Mos t Exce l l en t Majes ty by and

w i t h t he advice and consent of t he Legislat ive Council and Legis la t ive

Assembly of N e w South Wales in P a r l i a m e n t assembled a n d by t h e

au thor i ty of t he same as follows :—

1. I n all suits u n d e r t he Mat r imonia l Causes Act or any Act

a m e n d i n g t h e same where in a decree is sought for dissolution of mar r i age a n y p a r t y to t h e suit may requi re the contested ma t t e r s of

fact the re in to be t r ied by a j u r y A n d t h e provisions of t h e A c t

for ty-eighth Victoria n u m b e r t h r ee shall apply to every such t r ia l .

2. N o mar r i age heretofore cont rac ted by t h e pet i t ioner or t he

3. On every decree nisi i n any such suit p ronounced after t h e

pass ing of th i s Ac t t h e Reg i s t r a r shal l indorse a not ice t h a t if t h e pet i t ioner or respondent shall cont rac t mar r i age before such decree has been m a d e absolute he or she will be gui l ty of b igamy. B u t i t shal l

not be necessary for t he pet i t ioner to move to m a k e a n y decree nisi

absolu te whe the r heretofore	or hereaf ter p ronounced	After	expi ra t ion
of t he t ime l imited in t h a t behalf	t h e Cour t on t h e reques t	in	wr i t i ng

of t h e pet i t ioner and u p o n a certificate from t h e R e g i s t r a r t h a t no

m a t t e r in opposition to t he	final	decree is t h e n pend ing shal l m a k e t h e
decree absolute as of course.

4 . W i t h i n t h i r t y days after t h e pass ing of th i s A c t t he Regis­

t ra r shall m a k e out a list of al l sui ts in which a decree nisi has been p ronounced and the t ime allowed for showing cause has expired b u t in wh ich the re has been no appl icat ion to m a k e t h e decree absolute and shall in such newspapers as t h e Cour t shal l direct publ ish a not ice t h a t any p a r t y to a n y suit inc luded in t h e list m a y inspect t h e same and m a y wi th in six m o n t h s ajiply to t h e J u d g e in Chambers for an order to vacate t he decree in such sui t a n d such decree m a y unless cause be shown to t he con t ra ry be vacated accordingly.

5. W i t h i n t h i r t y days after t h e expi ra t ion of t he said six m o n t h s

t h e Reg i s t r a r shall on t he reques t i n wr i t ing of the pet i t ioner in any

suit included in t h e list submi t t he n a m e of such suit to t h e Cour t for confirmation of t he decree the re in and upon a certificate from t h e Reg i s t r a r t h a t no m a t t e r in opposition to t he final decree is t hen pend ing t h e Cour t unless cause be shown to t he contrary shal l m a k e t h e decree

nisi absolute .

6. A l l not ices required to be served in a divorce suit m a y be served in t he m a n n e r now or hereaf ter prescribed by t h e Cour t or m a y be sent to t h e pa r ty in tended to be served in a registered le t te r directed and posted by a n officer of t h e Cour t appointed for t h a t purpose .

7. I n all cases in which a wr i t of capias ad respondendum could

now be issued in a n act ion a t l aw agains t a defendant t h e l ike wr i t m a y be issued in a divorce suit agains t a respondent or co-respondent in respect of a l imony costs or damages subject never theless to such special directions in any case as t he Cour t shall t h i n k fit to give in order to preven t injust ice or oppression.

8. The Cour t m a y subject to t h e provisions of t h e " Ma t r i ­

monia l Causes A c t " m a k e such General Ru le s as shal l be deemed necessary for ca r ry ing out t he provisions of th is or any other A c t for

a m e n d m e n t of t h e law of Divorce and m a y enforce b y a t t a c h m e n t

a n y order m a d e by the Cour t for p a y m e n t of costs or of any s u m or

sums due in respect of a l imony or t h e ma in t enance of chi ldren P ro ­

vided t h a t no person declared or made b a n k r u p t or insolvent in whose schedule all sums due in respect of such costs a l imony or m a i n t e n a n c e are inc luded shall remain imprisoned unde r a n y such wri t for nonpay­ m e n t of costs du r ing a longer period t h a n six m o n t h s or for nonpay­

m e n t of a l imony or any sum respect ing t h e ma in t enance of chi ldren

d u r i n g a longer period t h a n twelve m o n t h s .

9. The word Cour t in th is A c t which m a y be cited as t h e

" Divorce Procedure A m e n d m e n t A c t " shal l be t a k e n ordinar i ly to

m e a n t h e J u d g e exercis ing jurisdict ion in ma t r imonia l causes b u t for

t h e purposes of an appeal shall m e a n t he Supreme Cour t	s i t t ing	as in
Banco .

No . X I I I .