Matrimonial Causes Act Amendment Act of 1884 No 20a (NSW)

No. I II .

An Act to amend the Matrimonial Causes

Act. [3rd July, 1884.]

BE i t enacted by the Queen ' s Most Exce l l en t Majes ty b y and with Assembly of N e w South Wales in Pa r l i amen t assembled and by the 13 t h e advice and consent of t h e Legislat ive Counci l and Legislat ive

a u t h o r i t y of t he same as follows :—

1. This A c t m a y be cited as t h e " Ma t r imon ia l Causes A c t

A m e n d m e n t A c t of 1 8 8 4 " and in i ts construct ion the expression

" P r inc ipa l Act " means t he Mat r imon ia l Causes A c t — t h e expression

" Divorce J u d g e " means t h e J u d g e appointed to exercise jur isdic t ion

u n d e r t h e said Pr inc ipa l Ac t as amended by t h e Acts for ty- thi rd

Victor ia n u m b e r thir ty-f ive forty-fourth Victor ia n u m b e r th i r ty-one

and th is A c t — t h e	expression " Mat r imonia l	Causes Acts " means	t h e
Pr inc ipa l A c t amended	as aforesaid—the word " C o u r t "	means	t he

" Supreme C o u r t "	hav ing	jurisdict ion	unde r t he Mat r imonia l	Causes
Ac t s .

2. T h e provisions of section four of t h e Pr inc ipa l A c t shall
ex tend to a n d be applicable in any case in which the Divorce J u d g e

shall be of opinion t h a t it would be inexpedient for h i m to exercise

jur isdic t ion unde r t he Ma t r imon ia l Causes Acts .

3 . W h e n e v e r in any cause the t r u t h of an issue is to be deter­

mined by a j u r y t h e Divorce J u d g e or in case of his absence from Sydney or illness any other J u d g e of t he Supreme Cour t shall issue his precept d i rect ing the Sheriff to s u m m o n forty-eight special j u ro r s and when the re shall be more t h a n one co-respondent on t h e record so m a n y addi t ional special jurors as shall allow each co-respondent to

s t r ike off six names from the j u r y list as hereinaf ter provided.

4. A t the t r ia l of any issue by a j u r y t h e clerk or o ther minis ter ia l officer of t h e Court shall p u t toge ther in a box provided for t h a t purpose t he pieces of card furnished by the Sheriff conta in ing t h e names places of abode and addit ions of t he jurors r e tu rned in t h e j u r y pane l and upon any such issue being called on to be t r ied such c lerk or officer shall in open Cour t d raw ou t t he said cards one after ano the r un t i l such a n u m b e r of ju rors shall appear as shall allow of a

j u r y of twelve being s t ruck from such n u m b e r after each pa r ty to t h e

record has s t ruck off six names .

5. A list of t h e names of such n u m b e r of ju rors so de te rmined as aforesaid shal l be delivered by the Sheriff or h is depu ty to t h e pet i t ioner or his or he r a t torney or counsel by w h o m six of t h e names conta ined in such list m a y be s t ruck theref rom and the list so reduced shal l t hen be delivered to t h e respondent or his or her a t to rney or counsel by w h o m an equal n u m b e r of names m a y be s t ruck theref rom and t h e list so reduced shall be handed to t he co-respondent or his a t to rney or counsel b y w h o m an equal n u m b e r of names m a y be s t ruck therefrom or if t he re be more t h a n one co-respondent t h e n t h e list shall be h a n d e d to each in t u r n or his a t to rney or counsel by w h o m a l ike n u m b e r of names m a y be s t ruck off and t h e ju rors whose names shal l t hen remain upon t h e list or t h e first twelve ju ro r s whose names shal l t hen be thereon (as t h e case may require) shall be the jurors for t h e t r ia l of t h e issue and shall be sworn and impannel led accordingly and every pa r ty to any such proceeding shall be enti t led to t h e same r igh t s as to chal lenge and otherwise as if he were a pa r ty on t h e record

on an issue a t nisi prim.

(i. Af te r any j u r y shall have been in del iberat ion for six hours

b u t a re sti l l unable to agree to a verdict a verdict of three- four ths m a y be t a k e n by consent b u t if such consent be not given a n d t h e j u r y are unab le to agree to a n unan imous verdict a t or before t h e expirat ion of twelve hours t h e y shal l a t or after t h e expira t ion of t h a t t ime be discharged.

7. E x c e p t as hereinbefore provided the law and pract ice

governing all quest ions respect ing t he j u r y shall be t he same as now

in force a t nisi prim s i t t ings of t he Supreme Court .

8.    W h e n e v e r upon a decree for dissolution of a mar r iage agains t

a husband i t shall appear to the Cour t t h a t such husband has no pro­ per ty on which t h e paymen t of any gross or a n n u a l sum can be secured b u t t h a t he would be able to make a m o n t h l y or weekly paymen t to t he wife du r ing the i r jo int lives i t shall be lawful for t h e Cour t to m a k e an order on t he husband for p a y m e n t to t h e wife dur ing the i r jo in t lives of such mon th ly or weekly sums for her ma in t enance or support as t h e Court m a y t h i n k reasonable Provided always t h a t it'

t h e husband shal l af terwards from any cause become unable to m a k e

such p a y m e n t s it shall be lawful for the Cour t to discharge or modify t he order or temporar i ly suspend the same as to t he whole or any p a r t of t he money so ordered to be paid and aga in to revive t h e same order wholly or in par t as to t he Cour t m a y seem fit Provided also t h a t if t h e wife shal l m a r r y again the Cour t may upon proof of t h a t fact discharge t he said order or if there be infant chi ldren in her custody may vary t h e same.

9. The provisions contained in t h e twen ty-e igh th section of t he Pr inc ipa l Ac t shall for t he avoidance of decrees obtained by collusion
ex tend to decrees and suits for nu l l i ty of mar r i age in l ike m a n n e r as
they apply to decrees and suits for divorce and shall be const rued as if
they were herein enacted wi th the subs t i tu t ion of t h e words " a decree

i ( d e c r e e

for nul l i ty of m a r r i a g e " tor the words for a divorce " or

" divorce " as the case may require .
10. W h e r e t he Crown Solicitor shal l in te rvene or show cause against a decree nisi in any suit or proceeding for divorce or for nu l l i ty of mar r i age t he Cour t may m a k e such order as to the costs of t he Crown Solicitor who shall in te rvene or show cause as aforesaid or of all and every p a r t y or part ies there to occasioned by such in tervent ion or showing cause as aforesaid as m a y seem ju s t and t h e Crown Solicitor and such p a r t y or part ies shall be enti t led to recover such costs in l ike m a n n e r as in other cases provided t h a t t he At to rney-

Genera l may if he shall t h i n k fit order any costs which the Crown	Solicitor shall b y any order of t he Court made under th is section pay
to t he said pa r ty or part ies to be pa r t of t he expenses of his office.

1 1 . N o decree declar ing any mar r iage to be dissolved made

before t h e pass ing of this A c t after t h e t r ia l of ah issue before any j u r y and no verdict given by such j u r y shall be invalidated reversed or otherwise prejudicial ly affected by reason only of such j u r y having been s t ruck from a J u r y Lis t insufficient in n u m b e r to pe rmi t any co­ respondent to str ike off the n u m b e r of names which each pa r ty in a civil issue is pe rmi t t ed to s t r ike off unde r t h e provisions of t he A c t

e leventh Victor ia n u m b e r twen ty Provided t h a t no th ing in th is section

shall affect any j u d g m e n t or decision of t he Supreme Cour t p ronounced

before t he passing of th i s Act .

No . I V .