43. Any husband may, either in a petition for dissolution of marriage or for judicial separation, claim damages from any person on the ground of his having committed adultery with the wife of such petitioner, and such petition shall be served on the alleged 5 adulterer and the wife, unless the Court dispense with such service or direct some other service to be substituted; and the claim made by every such petition shall be heard and tried on the same principles, in the same manner, and subject to the same or the like rules and regulations as actions for criminal conversation have heretofore been LO tried and decided in the Supreme Court; and all the enactments herein contained with reference to the hearing and decision of petitions to the Court shall, so far as may be necessary, be deemed applicable to the hearing and decision of petitions presented under this enactment. 15 44. The damages to be recovered on any such petition shall in all cases be ascertained by the verdict of a jury, although the respondents or either of them may not appear; and, after the verdict has been given, such damages shall be paid or applied in such manner as the Court directs, and it shall be lawful for the Court to direct that 20 the whole or any part thereof shall be settled for the benefit of the children (if any) of the marriage, or as a provision for the maintenance of the wife : Provided that if any such petition be dismissed no damages shall be given to or on the behoof of any such petitioner. 45. In any petition by a husband for dissolution of marriage or 25 judicial separation on the ground of the adultery of his wife, no damages shall be claimed in respect of an act of adultery committed more than three years before the filing of the petition : Provided that nothing herein contained shall affect the right of any petitioner to a decree for dissolution of marriage or judicial separation on the 30 ground of adultery committed more than three years before the filing of the petition. 46. When in any petition presented by a husband the alleged adulterer has been made a co-respondent, and the adultery has been established, the Court may order the adulterer to pay the whole or 35 any part of the costs of the proceedings. PART IV. Provisions for the Benefit of Children. 47. In any such suit or other proceeding for obtaining a judicial separation or a decree of nullity of marriage, and on any petition for 40 dissolving a marriage, the Court may from time to time before making its final decree make such interim orders, and may make such provision in the final decree as it may deem just and proper with respect to the custody, maintenance, and education of the children, the marriage of whose parents is the subject of such suit or other pro--45 ceeding, and may if it think fit direct proper proceedings to be taken for placing such children under the protection of the said Court. 48. The Court, after a final decree of judicial separation, nullity of marriage, or dissolution of marriage, may, upon application by petition for this purpose, make from time to time all such 50 orders and provisions with respect to the custody, maintenance, and

Husband may claim ad™tlSr. from 1867, no. 94, sec 32 Damages to be s c oertaine yJ ur y' ibid, sec. 33 Limitation of time aamageT 17 ° £ 1898 i Nc)i iit sec . 20 Court may order cos U t s terer t0 pay 1867, No, 94, sec 34 court may make o f d o e h 7idren° custody ibid, sec. 35 court after tin ai de^c or m e a r y make Ibid) sec 3Q

Damages to be ascertained by jury, &o. Ibid, sec. 33

Limitation of tirao for recovery of damages. 1898, No. i'l, sec. 20

Court may order adulterer to pay costs. 1867, No, <J4, sec. 34

Court may make orders as to custody of children. Ibid, sec. SS

Court after final decree may make such order. Ibid, sec. 36

11

Divorce and Matrimonial Causes Acts Compilation.