Title.

Short Title. Arrangement of 10^30^0 ' o 1867, No. 94, see 2 interpretation. ibid, sec. 3 jurisdiction. ibid, sec. 4 Power to make and alter rules for iMeTseTo ° Judges may fix scale of oosts - -3 judicial separation i-übsttue! fr divorce a mensd et thoro. 1867, No. 94, . c. c

Arrangement of sections of Act. 1867, No. 94, see. 2

Interpretation. Ibid, sec. 3

Jurisdiction. Ibid, sec. i

Power to make and alter rules for procedure, &c. Ibid, sec. 5

Judges may fix scale of costs. 1898, No. 42, sec. 23

Judicial separato:; hubatitue i f r divorce a mensd et thoro. ISG7, No. 94, B c. C

An Act to compile certain Acts relating to Divorce and Matrimonial Causes. BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows : — 5 1. (1.) The Short Title of this Act shall be " The Divorce and Matrimonial Causes Acts Compilation Act, 1904." (2.) This Act is a compilation of the Acts mentioned in the First Schedule hereto. 2. The sections of this Act are arranged in Parts as follows :— 10 Part I.—Decrees for Judicial Separation and Restitution . , r of Conjugal Bights. Part 11.-*-Decrees for Dissolution of Marriage. Part 111.—Remedies against Adulterers. Part IV.—Provisions for the Benefit of Children. 15 Part V.—Procedure in Matrimonial Causes, 3. In the interpretation of this Act the words " Court" and " Supreme Court " shall, unless repugnant to or inconsistent with the context, mean the Supreme Court of New Zealand; and the Judge or Judges of the Supreme Court shall have all the powers and jurisdic- 20 tion hereby given to the Court, subject to the provisions of this Act and any rules made hereunder, 4. The Supreme Court shall have jurisdiction in respect of judicial separation, suits of nullity of marriage, or suits of restitution of conjugal rights, and in all causes, suits, and matters matri- 25 monial except in respect of marriage licenses. 5. (1.) The Judges of the Supreme Court, or any three of them, shall have power to make rules and regulations concerning the pracce ' pleading, and procedure under this Act, and from time to time to revoke or alter such rules or regulations as they may from time to 30 time consider expedient. (2.) The Judges of the Supreme Court, or any three of them, shall also have pow r er to fix a scale of costs for all suits and proceedings, and to make rules and regulations regarding such costs, and to alter and amend the same from time to time, or to substitute any new 35 and different scales, rules, or regulations. Until a scale of costs shall have been fixed by the Judges as herein provided, costs, when allowed, shall be regulated and paid according to the scale of costs contained in the Second Schedule hereto; but the Court may at any time fix a sum or sums as the costs of the suit or proceeding, as the case may be, 40 in full of all costs. PART I. Decrees for Judicial Separation and Restitution of Conjugal Rights. 6. No decree shall be made for a divorce a mensd et thoro, but in 45 like cases to those in which a decree for a divorce a mensd et thoro . , 1 . . . might have been heretofore pronounced in England by any Court having jurisdiction in the matter, the Supreme Court may pronounce a decree for a judicial separation, which shall have the same force and effect as a divorce a mensd et thoro. 50

2

Divorce and Matrimonial Causes Acts Compilation.