custody of children mune en c cases, 1898, No. 42, sec. 21

Court after final art^seTuemen"'' 6 and make orders therein for children. 1867 No 94 sec 37 iB9s! No. 42, sec. 19 court may settle adu?terou°s £ wife for ben'fit of innocent ofmarri'agc! nldron 1867, No. 94, sec. 38 coverture not to Instrument executed under order - Questions of fact may to tried before ibid, sec 40 such questions to be tnei as an issue. Affidavit in support Serving petition. ibid, sec 43

Court may settle property of adulterous wife for benefit of innocent patty and children of marriage. 1867, No. 94, sec. 38

Coverture not to invalidate instrument executed under order. Ibid, sec. 39

Questions of fact may bo tried boforo Court. Ibid, soc. 40

Such questions) to be triei as an issue. Ibid, Eeo. 41

Affidavit in support of a petition. Ibid, seo. 42

Serving petition. Ibid, sea. 43

education of the children, the marriage of whose parents was the subject of the decree, or for placing such children under the protection of the Court, as might have been made by such final decree or by interim order in case the proceeding for obtaining such decree were still pending 5 49. In all undefended cases, where application is made to the Q our j. 0 ma ke the decree absolute, the Court may in its discretion give the wife the custody of one or more of the children; and may also do so in defended cases, on proof that the respondent has had notice of the intention of the petitioner, on the hearing of motion to 10 make the decree absolute, to apply for the custody of one or more of the children. 50. The Court, after a final decree of nullity of marriage or dissolution of marriage, may inquire into the existence of anti-nuptial or post-nuptial settlements made on the parties wdiose marriage is 15 subject of the decree, and may make such orders with reference to * * the application of the whole or a portion of the property settled either for the benefit of the children of the marriage or of their respective parents, and notwithstanding that there are no children, as to the Court shall seem fit. 20 51. Where the Court pronounces a decree of divorce or judicial separation for adultery of the wife, if it be made to appear to the Court that the wife is entitled to any property either in"possession or reversion, the Court if it think proper may order such settlement as it shall think reasonable to be made of such property or any part 25 thereof for the benefit of the innocent party, and of the children of the marriage or either or any of them, 52. Any instrument executed pursuant to such order made at the t ime or after the pronouncing of a decree of divorce or judicial separation shall be deemed valid and effectual in the law, notwith- 30 standing the existence of the disability of coverture at the time of the execution thereof. PART V. Procedure in Matrimonial Causes. 53. In questions of fact arising in proceedings under the first, 35 and fourth „ f thig Act> ft gh.aU be lawful for but except as hereinbefore provided not obligatory on the Court to direct the truth thereof to be determined by the verdict of a jury. 54. WTien any such question shall be so ordered to be tried, such q Ues^jon shall be decided in the manner provided by any law now 40 or hereafter in force empowering the Supreme Court or a Judge thereof to direct an issue. 55 Every person seeking a decree of nullity of marriage, or a decree of judicial separation, or dissolution of marriage, or a decree in a suit of jactitation of marriage, shall, together with the petition 45 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. 56. Every such petition shall be served on the party to be 50 affected thereby, either within or without New Zealand, in such

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Bivorce and Matrimonial Causes Acts Compilation.