the claim or rights of the petitioner in respect of damages, alimony, costs, or maintenance of children, such deed, conveyance, agreement, or instrument may, on the application of the petitioner, and on such notices being given as the Court or Judge may direct, be set aside on 5 such terms as the Court may think proper. And if the Court on the hearing of the application so order and declare, any money or property, real or personal, dealt with by such deed, conveyance, agreement, or instrument as aforesaid may be taken in execution at the suit of the petitioner, or charged with the payment of such sums for -10 the maintenance of the petitioner, or of the petitioner and children, as the Court may direct. And the Court may make such order for the protection of a bond fide purchaser as it may think just. And the respondent, or co-respondent, as the case may be, and any one acting in collusion with the respondent or co-respondent, may be ordered to 15 pay the costs of the petitioner and of a bond fide purchaser of and incidental to the execution of such deed, conveyance, agreement, or instrument, and of setting the same aside. 36 Where it shall appear to the Court that there is reasonable ground for believing that a sale of real estate is about to be made by 20 a respondent or co-respondent, with intent to defeat a petitioner's claim, or any decree or order in respect of damages, alimony, maintenance of children, or costs, the Court, may by order restrain such sate, or order the proceeds of the sale to be paid into Court, to be dealt with as .the Court shall direct. Any sale made after an order of 25 the Court restraining such sale as aforesaid has been served on or. come to the notice of the person selling, or any auctioneer, agent, or solicitor acting in such sale, shall be null and void; and the Court may consider any claim of any person interested, and may make suchorder in the premises as it may think just. 30 87 When on the petition of a husband for a divorce the alleged adulterer is made a co-respondent, or when on the petition of a wife the person with whom her husband is alleged to have committed adultery is made a respondent, it shall be lawful for the Court, after the close of the evidence on the part of the petitioner, to direct such 35 co-respondent or respondent to be dismissed from the suit if it shall think there is not sufficient evidence against him or her, and in its discretion to award him or her costs. 38. Every decree for dissolution of marriage shall, in the first instance, be a decree nisi, not to be made absolute till after the 40 expiration of such time, not less than three months from the pronouncing thereof, as the Court shall by general or special order from time to time direct, and during that period any person shall be at liberty, in such manner as the Court shall by general or by special order in that behalf from time to time direct, to show cause why the 45 said decree should not be made absolute by reason of the same having been obtained by collusion, or by reason of material facts not having been brought before the Court; and on cause being so shown the Court shall deal with the case either by making the decree absolute, or by reversing the decree nisi, or by requiring further inquiry, 50 or otherwise as justice may require; and at any time during the progress of the cause, or before the decree is made absolute, any person may give information to the Attorney-General or Solicitor--2

Sale to defeat petitioner may be restrained. 1898. No. 42, sec. 1

When alleged adulterer a co-respondent he may be dismissed from suit. 1867, No. 94, sec. 28

Decree nisi. 1898, No. 42, see. 7

9

Divorce and Matrimonial Causes Acts Compilation.