Page image
Page image

A.—o

42

508. The proceedings to obtain probate by judgment of the Court shall be the same as in an ordinary action, and the statement of claim must be served upon all persons against whom it is sought to establish the will. 509. Probate granted by a judgment of the Court shall not be recalled, except in the case of a will subsequent to the will of which probate has been so granted being discovered. 510. Proceedings to have a grant of probate or of letters of administration recalled shall be the same as in an ordinary action. 511. Proceedings to obtain administration when an application for a grant of letters of administration is opposed, and the Judge orders the right to be tried by action, shall be the same as in an ordinary action. Matrimonial Causes. 512. Proceedings to obtain any decree that the Court is authorized to make under "The Divorce and Matrimonial Causes Act, 1867," or any Act amending or in substitution for the same, shall, except as hereinafter specially provided by Eules 513 to 550, both inclusive, be the same as in an ordinary action. 513. Instead of the form of writ of summons No. 1, the form of writ No. shall be used. 514. The statement of claim shall be accompanied by an affidavit made by the plaintiff, verifying the facts of which he or she has personal cognizance, and deposing as to belief of the truth of the other facts alleged in the statement of claim. 515. In cases where the plaintiff seeks a decree of nullity of marriage, or of judicial separation, or of dissolution of marriage, the plaintiff's affidavit filed with his or her statement of claim shall further state that no collusion or connivance exists between the plaintiff and the opposite party 516. Upon a husband bringing an action for dissolution of marriage on the ground of adultery, the alleged adulterers shall be made co-defendants in the action, unless the Judge shall otherwise direct. 517 Application for such direction is to be made to the Judge on motion or summons founded on affidavit. 518. If the names of the alleged adulterers, or any of them, be unknown to the plaintiff at the time of commencing the action, the same must be supplied as soon as known, and application must be made forthwith to the proper officer to amend the writ of summons and statement of claim, by inserting such names therein ; and the proper officer to whom the application is made shall give his directions as to such amendment, and such further directions as he may think fit, as to service of the amended writ of summons and statement of claim. 519. The term "defendant" shall include all co-defendants, so far as the same is applicable to them. 520. Before a plaintiff can proceed, a statement of defence must have been filed by or on behalf of the defendants, or it must be shown by affidavit filed in the office of the Court that they have been duly served and have not filed a statement of defence. 521. An affidavit of service must be substantially in the form No. in the Schedule hereto. 522. A statement of defence may be filed at any time before a proceeding has been taken in default, or afterwards by leave of the Judge, or of the Eegistrar in his absence, to be applied for by motion or summons founded on affidavit. 523. If a party summoned wishes to raise any question as to the jurisdiction of the Court, he or she must file a statement of defence under protest. 524. The Attorney-General, or, in case of a vacancy in that office, the Solicitor-General, if he think fit to appear at the trial to oppose any action which he has by law a right to oppose, shall before trial file a statement of defence and serve a copy thereof on the plaintiff, and may take such further proceedings m the action as a defendant in' an ordinary action might take. 525. Any person other than the Attorney-General or Solicitor-General, desiring to appear at the trial to oppose an action claiming a dissolution of marriage, shall apply by motion or summons for leave so to do, and, on obtaining leave, shall before trial of the action file a statement of defence and serve a copy thereof on the plaintiff, and may take such further proceedings in the action as a defendant in an ordinary action might take. 526. The plaintiff shall not be at liberty to obtain a decree by default, but, when the time for filing statements of defence has expired, the plaintiff, or, in case he fail to do so, any defendant who has filed a statement of defence, may apply to a Judge by motion or summons to order trial of the action; and the Judge on hearing the parties may order the action to be tried, at such time and place as may appear most convenient, and may decide whether the action shall be tried before the Court on the facts, or whether the same shall be tried before a jury, and, if so, whether by a common or special jury 527 The decree in the action shall be a decree nisi in the first instance, and an application to make the decree absolute must be made to the Court by motion. In support of the application it must be shown by affidavit that search has been made in the proper books of the Eegistrar's office up to within days of the day for which notice of motion has been given, and that at such time no person had filed notice of intention to oppose the motion to make the decree absolute, or, in case of leave to intervene having been granted, what proceedings (if any) were taken by the person intervening. 528. The Attorney-General, or the Solicitor-General, or any other person wishing to show cause against making absolute a decree nisi for dissolution of marriage shall give to the plaintiff at least days' notice of his intention to appear on the application to make the decree absolute, and file in Court a copy of such notice. 529. The Attorney-General, or the Solicitor-General, or any such person as aforesaid shall, at least days before the hearing of the application to make the decree absolute, file in Court affidavits setting forth the facts upon which he intends to rely, and deliver a copy of such affidavits to the plaintiff. 530. An appeal to the Court of Appeal must be by case stated in writing, five copies of which must be filed in the office of the Eegistrar of that Court, and one copy of which must be served upon each opposite party within the time allowed by law for appealing, at least days before the sitting of the Court of Appeal at which it is intended to be heard; and each opposite party may, within

Log in or create a Papers Past website account

Use your Papers Past website account to correct newspaper text.

By creating and using this account you agree to our terms of use.

Log in with RealMe®

If you’ve used a RealMe login somewhere else, you can use it here too. If you don’t already have a username and password, just click Log in and you can choose to create one.


Log in again to continue your work

Your session has expired.

Log in again with RealMe®


Alert