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British Columbia had
originally been two colonies, Mainland British Columbia and
Vancouver Island, that united in 1866. After the union an
ordinance passed by the Legislature of British Columbia
enacted that the civil and criminal laws of England that
existed on the 19th of November 1858 should be in force in
all parts of B.C. except for those laws that were modified
in B.C. between 1858 and 1867. The Supreme Court of British
Columbia assumed the jurisdiction to excerise all the relief
and powers given under the English Divorce Act. When British
Columbia entered confederation in 1871 the Supreme Court of
B.C. continued to have jurisdiction to grant divorces. The
first divorce granted by the B.C. Supreme Court was in 1877
and to 1900 a total of 47 were granted. |
Revised Statutes of British Columbia, 1911
Chapter 67
An Act to amend the Law relating to Divorce and
Matrimonial Causes in England.
(
see Some Legal Terms Used )
WHEREAS it is expedient to
amend the law relating to divorce, and to constitute a Court
with exclusive jurisdiction in matters matrimonial in
England, and with authority in certain cases to decree the
dissolution of a marriage: Be it therefore enacted as
follows:--
Jurisdiction To Be Exercised By the Court for Divorce and
Matrimonial Causes1. All jurisdiction now vested in or
exercisable by any Ecclesiastical Court or person in England
in respect of divorces � mens� et thoro, suits of nullity
of marriage, suits of jactitation of marriage, suits for
restitution of conjugal rights, and in all causes, suits,
and matters matrimonial, except in respect of marriage
licences, shall belong to and be vested in Her Majesty, and
such jurisdiction, together with the jurisdiction conferred
by this Act, shall be exercised in the name of Her Majesty
in a Court of Record to be called the "Court for
Divorce and Matrimonial Causes." [20 & 21 Vict., c.
85, s. 6]; R.S. 1897, c. 62, s. 1.
Judicial Separation2. No decree shall hereafter be
made for a divorce � mens� et thoro, but in all cases in
which a decree for a divorce � mens� et thoro might now be
pronounced the Court may pronounce a decree for a judicial
separation, which shall have the same force and the same
consequences as a divorce � mens� et thoro now has. [20
& 21 Vict., c. 85, s. 7]; R.S. 1897, c. 09, s. 2.
Judges of the Court3. The Lord Chancellor, the Lord
Chief Justice of the Court of King's Bench, the Lord Chief
Justice of the Court of Common Pleas, the Lord Chief Baron
of the Court of Exchequer, the Senior Puisne Judge for the
time being in each of the three last-mentioned Courts, and
the Judge of Her Majesty's Court of Probate constituted by
any Act of the present session, shall be the Judges of the
said Court. [20 & 21 Vict., c. 85, s. 8]; R.S. 1897, c.
62, s. 3.
Petitions To Be Heard By Three Judges4. All
petitions, either for the dissolution or for a sentence of
nullity of marriage, and applications for new trials of
questions or issues before a jury, shall be heard and
determined by three or more Judges of the said Court, of
whom the Judge of the Court of Probate shall he one. [20
& 21 Vict., c. 85, s. 10]; R.S. 1897, c.62, s. 4.
Judicial Separation May Be Obtained5. A sentence of
judicial separation (which shall have the effect of a
divorce � mens� et thoro under the existing law, and such
other legal effect as herein mentioned) may be obtained,
either by the husband or the wife, on the ground of
adultery, or cruelty, or desertion without cause for two
years and upwards. [20 & 21 Vict., c. 85, s. 16] ; R.S.
1897, c. 62, s. 5.
Court To Act On Principles Of The Ecclesiastical Courts6.
In all suits and proceedings, other than proceedings to
dissolve any marriage, the said Court shall proceed and act
and give relief on principles and rules which in the opinion
of the said Court shall be as nearly as may be conformable
to the principles and rules on which the Ecclesiastical
Courts have heretofore acted and given relief, but subject
to the provisions herein contained and to the rules and
orders under this Act. [20 & 21 Vict., C. 85, s. 22];
R.S. 1897 c. 62, s. 6.
Judicial Separation May Be Reversed7. Any husband or
wife, upon the application of whose wife or he husband, as
the case may be, a decree of judicial separation has been
pronounced, may, at any time thereafter, present a petition
to the Court praying for a reversal of such decree on the
ground that it was obtained in his or her absence, and that
there was reasonable ground for the alleged desertion, where
desertion was the ground of such decree; and the Court may,
on being satisfied of the truth of the allegations of such
petition, reverse the decree accordingly, but the reversal
thereof shall not prejudice or affect the rights or remedies
which any other person would have had in case such reversal
had not been decreed, in respect of any debts, contracts, or
acts of the wife incurred, entered into, or done between the
times of the sentence of separation and of the reversal
thereof. [20 & 21 Vict., c. 85, s. 23]; R.S. 1897, c.
62, s. 7.
Alimony8. In all cases in which the Court shall make
any decree or order for alimony, it may direct the same to
be paid either to the wife herself or to any trustee on her
behalf, to be approved by the Court, and may impose any
terms or restrictions which to the Court may seem expedient,
and may from time to time appoint a new trustee, if for any
reason it shall appear to the Court expedient so to do. [20
& 21 Vict., c. 85, s. 24]; R.S. 1897, c. 62, s. 8.
Wife Considered A Feme Sole After A Judicial Separation9.
In every case of a judicial separation the wife shall, from
the date of the sentence and whilst the separation shall
continue, be considered as a feme sole with respect to
property of every description which she may acquire or which
may come to or devolve upon her; and such property may be
disposed of by her in all respects as a feme sole, and on
her decease the same shall, in case she shall die intestate,
go as the same would have gone if her husband had been then
dead: Provided that, if any such wife should again cohabit
with her husband, all such property as she may be entitled
to when such cohabitation shall take place shall be held to
her separate use, subject, however, to any agreement in
writing made between herself and her husband while separate.
[20 & 21 Vict., c. 85, s. 25]; R.S. 1897, c. 62, a. 9.
Wife So Separated May Contract or Sue 10. In every
case of a judicial separation the wife shall, whilst so
separated, be considered as a feme sole for the purposes of
contract, and wrongs and injuries, and suing and being sued
in any civil proceeding; and her husband shall not be liable
in respect of any engagement or contract she may have
entered into, or for any wrongful act or omission by her, or
for any costs she may incur as plaintiff or defendant:
Provided that where upon any such judicial separation
alimony has been decreed or ordered to be paid to the wife,
and the same shall not be duly paid by the husband, he shall
be liable for necessaries supplied for her use: Provided
also that nothing shall prevent the wife from joining, at
any time during such separation, in the exercise of any
joint power given to herself and her husband. [20 & 21
Vict., c. 85, s. 26]; R.S. 1897, c. 62, s. 10.
Property Of A Wife Extended To Property11. The
provisions respecting the property of a wife who has
obtained a decree for judicial separation or an order of
protection shall be deemed to extend to property to which
such wife has become or shall become entitled as executrix,
administratrix, or trustee, since the sentence of separation
or the commencement of the desertion (as the case may be);
and the death of the testator or intestate shall be deemed
to be the time when such wife became entitled as executrix
or administratrix. [21 & 22 Vict., c. 108, s. 7]; R. S.
1897, c. 62, s. 11.
Lawful For Any Husband To Present A Petition12. It
shall be lawful for any husband to present a petition to the
said Court, praying that his marriage may be dissolved, on
the ground that his wife has since the celebration thereof
been guilty of adultery; and it shall be lawful for any wife
to present a petition to the said Court, praying that her
marriage may be dissolved, on the ground that since the
celebration thereof her husband had been guilty of
incestuous adultery, or of bigamy with adultery, or of rape,
or of sodomy or bestiality, or of adultery coupled with such
cruelty as without adultery would have entitled her to a
divorce � mens� et thoro, or of adultery coupled with
desertion, without reasonable excuse, for two years or
upwards; and every such petition shall state as distinctly
as the nature of the case permits the facts on which the
claim to have such marriage dissolved is founded: Provided
that for the purposes of this Act incestuous adultery shall
As be taken to mean adultery committed by a husband with a
woman with whom if his Wife were dead he could not lawfully
contract marriage by reason of her being within the
prohibited degrees of consanguinity or affinity; and bigamy
shall be taken to mean marriage of any person, being
married, to any other person during the life of the former
husband or wife, whether the second marriage shall have
taken place within the dominions of Her Majesty or
elsewhere. [20 & 21 Vict., c. 85, s. 27]; R.S. 1897, c.
62, s. 12.
Adulterer To Be A Co-Respondent13. Upon any such
petition presented by a husband, the petitioner shall make
the alleged adulterer a co-respondent to the said petition,
unless on special grounds, to be allowed by the Court, he
shall be excused from so doing; and on every petition
presented by a wife for dissolution of marriage, the Court,
if it see fit, may direct that the person with whom the
husband is alleged to have committed adultery be made a
respondent; and the parties or either of them may insist on
having the contested matters of fact tried by a jury as
hereinafter mentioned. [20 & 21 Vict., c. 85, s. 28];
R.S. 1897, c. 62, S. 13.
Absence Of Collusion14. Upon any such petition for
the dissolution of a marriage, it shall be the duty of the
Court to satisfy itself, so far as it reasonably can, not
only as to the facts alleged, but also whether or no the
petitioner has been in any manner accessory to or conniving
at the adultery, or has condoned the same, and shall also
inquire into any countercharge which may be made against the
petitioner. [20 & 21 Vict., c. 85, s. 29]; R.S. 1897, c.
62, s. 14.
Dismissal Of Petition15. In case the Court, on the
evidence in relation to any such petition, shall not be
satisfied that the alleged adultery has been committed, or
shall find that the petitioner has during the marriage been
accessory to or conniving at the adultery of the other party
to the marriage, or has condoned the adultery complained of,
or that the petition is presented or prosecuted in collusion
with either of the respondents, then and in any of the said
cases the Court shall dismiss the said petition. [20 &
21 Vict., c. 85, s. 30]; R.S. 1897; c. 62, s. 15.
Power To Court To Dissolve Marriage16. In case the
Court shall be satisfied on the evidence that the case of
the petitioner has been proved, and shall not find that the
petitioner has been in any manner accessory to or conniving
at the adultery of the other party to the marriage, or has
condoned the adultery complained of, or that the petition is
presented or prosecuted in collusion with either of the
respondents, then the Court shall pronounce a decree
declaring such marriage to be dissolved: Provided always
that the Court shall not be bound to pronounce such decree
if it shall find that the petitioner has during the marriage
been guilty of adultery, or if the petitioner shall, in the
opinion of the Court, have been guilty of unreasonable delay
in presenting or prosecuting such petition, or of cruelty
towards the other party to the marriage, or of having
deserted or wilfully separated himself or herself from the
other party before the adultery complained of, and without
reasonable excuse, or of such wilful neglect or misconduct
as has conduced to the adultery. [20 & 21 Vict., c. 85,
s. 31] ; R.S. 1897, c. 62, s. 16.
Alimony17. The Court may, if it shall think fit, on
any such decree, order that the husband shall to the
satisfaction of the Court secure to the wife such gross sum
of money, or such annual sum of money, for any term not
exceeding her own life, as, having regard to her fortune (if
any), to the ability of the husband, and to the conduct of
the parties, it shall deem reasonable, and for that purpose
may refer it to any one of the conveyancing counsel of the
Court of Chancery to settle and approve of a proper deed or
instrument to be executed by all necessary parties; and the
said Court may in such case, if it shall see fit, suspend
the pronouncing of its decree until such deed shall have
been duly executed; and upon any petition for dissolution of
marriage the Court shall have the same power to make interim
orders for payment of money, by way of alimony or otherwise,
to the wife as it would have in a suit instituted for
judicial separation. [20 & 21 Vict., c. 85, s. 32]; R.S.
1897, c. 62, s. 17.
Husband May Claim Damages From Adulterers18. Any
husband may, either in a petition for dissolution of
marriage or for judicial separation, or in a petition
limited to such object only, 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 adulterer and the wife, unless the Court shall
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 are now
tried and decided in Courts of Common Law; 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; and
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 the Court shall have power to
direct in what manner such damages shall be paid or applied,
and to direct that 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.
[20 & 21 Vict., c. 85, s. 33]; R.S. 1897, c. 62, s.18.
Court May Order Adulterer To Pay Costs19. Whenever in
any petition presented by a husband the alleged or adulterer
shall have been made a co-respondent, and the adultery shall
have been established, it shall be lawful for the Court to
order the adulterer to pay the whole or any part of the
costs of the proceedings. [20 & 21 Vict., c. 85, s. 34];
R.S. 1897, c. 62, s. 19.
Custody Of Children20. In any suit or other
proceeding for obtaining a judicial separation or a decree
of nullity of marriage, and on any petition for 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 proceeding, and may, if it
shall think fit, direct proper proceedings to be taken for
placing such children under the protection of the Court of
Chancery. [20 & 21 Vict., c. 85, s. 35]; R.S. 1897, c.
62, s. 20.
Questions Of Fact May Be Tried Before The Court21. In
questions of fact arising in proceedings under this Act it
shall be lawful for, but, except as hereinbefore provided,
not obligatory upon, the Court to direct the truth thereof
to be determined before itself, or before any one or more of
the Judges of the said Court, by the verdict of a special or
common jury. [20 & 21 Vict., c. 85, s. 36]; R.S. 1897,
c. 62, s. 21.
Jury May Be Summoned22. The Court, or any Judge
thereof, may make all such rules and orders upon the Sheriff
or any other person for procuring the attendance of a
special or common jury for the trial of such question as may
now be made by any of the Superior Courts of Common Law at
Westminster, and may also make any other orders which to
such Court or Judge may seem requisite; and every such jury
shall consist of persons possessing the like qualifications,
and shall be struck, summoned, balloted for, and called in
like manner, as if such jury were a jury for the trial of
any cause in any of the said Superior Courts; and every
juryman so summoned shall be entitled to the same rights,
and subject to the same duties and liabilities, as if he
had, been duly summoned, for the trial of any such cause in
any of the said Superior Courts; and every party to any such
proceeding shall be entitled to the same rights as to
challenge and otherwise as if he were a party to any such
cause. [20 & 21 Vict., c. 85, s. 37]; R.S. 1897, c. 62,
s. 22.
Question Shall Be Reduced Into Writing - Jury Shall Be
Sworn23. When any such question shall be so ordered to
be tried, such question shall be reduced into writing in
such form as the Court shall direct, and at the trial the
jury shall be sworn to try the said question, and a true
verdict to give thereon according to the evidence; and upon
every such trial the Court or Judge shall have the same
powers, jurisdiction, and authority as any Judge of any of
the said Superior Courts sitting at Nisi Prius. [20 & 21
Vict., c. 85, s. 38]; R.S. 1897, c. 62, s. 23.
Bills Of Exceptions, Special Verdict, And Special Case24.
Upon the trial of any such question or of any issue under
this Act, a bill of exceptions may be tendered, and a
general or special verdict or verdicts, subject to a special
case, may be returned, in like manner as in any cause tried
in any of the said Superior Courts; and every such bill of
exceptions, special verdict, and special case respectively
shall be stated, settled, and sealed in like manner as in
any cause tried in any of the said Superior Courts, and
where the trial shall not have been had in the Court for
Divorce and Matrimonial Causes shall be returned into such
Court without any writ of error or other writ; and the
matter of law in every such bill of exceptions, special
verdict, and special case shall be heard and determined by
the Full Court, subject to such right of appeal as is
hereinafter given in other cases. (20 & 21 Vict., c. 85,
s. 39]; R.S. 1897, c. 62, s. 24.
Affidavit In Support Of A Petition25. Every person
seeking a decree of nullity of marriage, or a decree of
judicial separation, or a dissolution of marriage, or decree
in a suit of jactitation of marriage, shall, together with
the petition 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. [20 & 21 Vict., c. 85, s. 41]; R.S. 1897, c.
62, s. 25.
Service Of Petition26. Every such petition shall he
served on the party. to be affected thereby, either within
or without Her Majesty's dominions, in such manner as the
Court shall by any general or special order from time to
time direct, and for that purpose the Court shall have all
the powers conferred by any Statute on the Court of
Chancery: Provided always that the said Court may dispense
with such service altogether in case it shall seem necessary
or expedient so to do. [20 & 21 Vict., c. 85, s. 42];
R.S. 1897, c. 62, s. 26.
Examination Of Petitioner27. The Court may, if it
shall think fit, order the attendance of the petitioner, and
may examine him or her, or permit him or her to be examined
or cross-examined, on oath on the hearing of any petition,
but no such petitioner shall be bound to answer any question
tending to show that he or she has been guilty of adultery.
[20 & 21 Vict., c. 85, s. 42]; R.S. 1897, c. 62, s. 27.
Adjournment28. The Court may from time to time
adjourn the hearing of any such petition, and may require
further evidence thereon, if it shall see fit so to do. [20
& 21 Vict., c. 85, s. 44]; R.S. 1897, c. 62, s. 28.
Court May Order Settlement29. In any case in which
the Court shall pronounce a sentence of divorce or judicial
separation for adultery of the wife, if it shall be made to
appear to the Court that the wife is entitled to any
property either in possession or reversion, it shall be
lawful for the Court, if it shall think proper, to order
such settlement as it shall think reasonable to be made of
such property or any part thereof for the benefit of the
innocent party, and of the children of the marriage, or
either or any of them. [20 & 21 Vict., c. 85, s. 45];
R.S. 1897, c. 62, s. 29.
30. Subject to such rules and regulations as may be
established as herein provided, the witnesses in all
proceedings before the Court where their attendance can be
had shall be sworn and examined orally in open Court:
Provided that parties, except as hereinbefore provided,
shall be at liberty to verify their respective cases in
whole or in part by affidavit, but so that the deponent in
every such affidavit shall, on the application of the
opposite party or by direction of the Court, be subject to
be cross-examined by or on behalf of the opposite party
orally in open Court, and after such cross-examination may
be re-examined orally in open Court as aforesaid by or on
behalf of the party by whom such affidavit was filed. [20
& 21 Vict., c. 85, s. 46]; R.S. 1897, c. 62, s. 30.
Court May Issue Commission - Examination Of Witnesses
Abroad, Unable To Attend31. Provided that where a
witness is out of the jurisdiction of the Court, or where,
by reason of his illness or from other circumstances, the
Court shall not think fit to enforce the attendance of the
witness in open Court, it shall be lawful for the Court to
order a commission to issue for the examination of such
witness on oath, upon interrogatories or otherwise, or, if
the witness be within the jurisdiction of the Court, to
order the examination of such witness on oath, upon
interrogatories or otherwise, before any officer of the said
Court, or other person to be named in such order for the
purpose; and all the powers given to the Courts of Law at
Westminster by the Acts of the thirteenth year of King
George the Third, chapter sixty-three, and of the first year
of King William the Fourth, chapter twenty-two, for enabling
the Courts of Law at Westminster to issue commissions and
give orders for the examination of witnesses in actions
depending in such Courts, and to enforce such examination,
and all the provisions of the said Acts, and of any other
Acts for enforcing or otherwise applicable to such
examination and the witnesses examined, shall extend and be
applicable to the Court and to the examination of witnesses
under the commissions and orders of the said Court, and to
the witnesses examined, as if such Court were one of the
Courts of Law at Westminster, and the matter before it were
an action pending in such Court. [20 & 21 Vict., c. 85,
s. 47]; R.S. 1897, c. 62, s. 31.
Rules Of Evidence32. The rules of evidence observed
in the Superior Courts of Common Law at Westminster shall be
applicable to and observed in the trial of all questions of
fact in the Court. [20 & 21 Vict., c. 85, s. 48]; R.S.
1897, c. 62, s. 32.
Attendance Of Witnesses33. The Court may, under its
seal, issue writs of subpoena or subpoena duces tecum,
commanding the attendance of witnesses at such time and
place as shall be therein expressed; and such writs may be
served in any part of Great Britain or Ireland; and every
person served with such writ shall be bound to attend, and
to be sworn and give evidence in obedience thereto, in the
same manner as if it had been a writ of subpoena or subpoena
duces tecum issued from any of the said Superior Courts of
Common Law in a cause pending therein, and served in Great
Britain or Ireland, as the case may be: Provided that any
petitioner required to be examined, or any person called as
a witness or required or desiring to make an affidavit or
deposition under or for the purposes of this Act, shall be
permitted to make his solemn affirmation or declaration
instead of being sworn in the circumstances and manner in
which a person called as a witness or desiring to make an
affidavit or deposition would be permitted so to do under
the "Common Law Procedure Act, 1854," in cases
within the provisions of that Act. [20 & 21 Vict., c.
85, s. 49]; R.S. 1897, c. 62, s. 33.
Penalties For False Evidence34. All persons wilfully
deposing or affirming falsely in any proceeding before the
Court shall be deemed to be guilty of perjury, and shall be
liable to all the pains and penalties attached thereto. [20
& 21 Vict., c. 85, s. 50] ; R. S. 1897, c. 62, s. 34.
Costs35. The Court on the hearing of any suit,
proceeding, or petition under this Act, and the House of
Lords on the hearing of any appeal under this Act, may make
such order as to costs as to such Court or House
respectively may seem just: Provided always that there shall
be no appeal on the subject of costs only. [20 & 21 Vict.,
c. 85, s. 51]; R.S. 1897, c. 62, s. 35.
Enforcement Of Orders and Decrees36. All decrees and
orders to be made by the Court in any suit, proceeding, or
petition to be instituted under authority of this Act shall
be enforced and put in execution in the same or the like
manner as the judgments, orders, and decrees of the High
Court of Chancery may be now enforced and put in execution.
[20 & 21 Vict., c. 85, s. 52]; R.S. 1897, c. 62, s. 36.
Power To Make Rules37. The Court shall make such
rules and regulations concerning the practice and procedure
under this Act as it may from time to time consider
expedient, and shall have full power from time to time to
revoke or alter the same. [20 & 21 Vict., c. 85, s. 53];
R.S. 1897, c. 62, s. 37.
Fees To Be Regulated38. The Court shall have full
power to fix and regulate from time to time the fees payable
upon all proceedings before it, all which fees shall be
received, paid, and applied as herein directed: Provided
always that the said Court may make such rules and
regulations as it may deem necessary and expedient for
enabling persons to sue in the said Court in form� pauperis.
[20 & 21 Vict., c. 85, s. 54); R.S. 1897, c. 62, s. 38.
Appeal From The Judge Ordinary To The Full Court39.
Either party dissatisfied with any decision of the Court in
any matter which, according to the provisions aforesaid, may
be made by the Judge Ordinary alone, may, within three
calendar months after the pronouncing thereof, appeal
therefrom to the Full Court, whose decision shall be final.
[20 & 21 Vict., c. 85, s. 55]; R.S. 1897, c. 62, s. 39.
Liberty ToParties To Marry Again40. When the time
hereby limited for appealing against any decree dissolving a
marriage shall have expired, and no appeal shall have been
presented against such decree, or when any such appeal shall
have been dismissed, or when in the result of any appeal any
marriage shall be declared to be dissolved, but not sooner,
it shall be lawful for the respective parties thereto to
marry again, as if the prior marriage had been dissolved by
death: Provided always that no clergyman in holy orders of
the United Church of England and Ireland shall be compelled
to solemnize the marriage of any person whose former
marriage may have been dissolved on the ground of his or her
adultery, or shall be liable to any suit, penalty, or
censure for solemnizing or refusing to solemnize the
marriage of any such person. [20 & 2l Vict., c. 85, s.
57]; R.S. 1897, c. 62, s. 40.
No Clergyman Compelled To Solemnize Ceretain Marriages41.
Provided always that when any minister of any church or
chapel of the United Church of England and Ireland shall
refuse to perform such marriage service between any persons
who but for such refusal would be entitled to have the same
service performed in such church or chapel, such minister
shall permit any other minister in holy orders of the said
United Church, entitled to officiate within the diocese in
which such church or chapel is situate, to perform such
marriage service in such church or chapel. [20 & 21 Vict.,
c. 85, s. 58]; R.S. 1897, c. 62, s. 41.
No Action For Criminal Conversation 42. After this
Act shall have come into operation no action shall be
maintainable in England for criminal conversation. [20 &
21 Vict., c. 85, s. 59]; R.S. 1897, c. 62, s. 42.
Judge Ordinary May Sit In Chambers43. It shall be
lawful for the Judge Ordinary of the Court for Divorce and
Matrimonial Causes for the time being to sit in Chambers for
the despatch of such part of the business of the said Court
as can in the opinion of the said Judge Ordinary, with
advantage to the suitors, be heard in Chambers, and such
sittings shall from time to time be appointed by the said
Judge Ordinary. [21 & 22 Vict., c. 108, s. 1]; R.S.
1897, c. 62, s. 43.
Powers Of Judge When Sitting In Chambers44. The said
Judge Ordinary when so sitting in Chambers shall have and
exercise the same power and jurisdiction in respect of the
business to be brought before him as if sitting in open
Court. [21 & 22 Vict., c. 108, s. 3]; R.S. 1897, c. 62,
s. 44.
Indemnity To Corporations, Etc.45. All persons and
corporations who shall, in reliance on any order or decree,
make any payment to, or permit any transfer or act to be
made or done by, the wife who has obtained an order of
protection shall, notwithstanding such order or decree may
then have been discharged, reversed, or varied, or the
separation of the wife from her husband may have ceased, or
at some time since the making of the order or decree been
discontinued, be protected and indemnified in the same way
in all respects as if, at the time of such payment,
transfer, or other act, such order or decree were valid and
still subsisting without variation in full force and effect,
and the separation of the wife from her husband had not
ceased or been discontinued, unless at the time of such
payment, transfer, or other act such persons or corporations
had notice of the discharge, reversion, or variation of such
order or decree, or of the cessation or discontinuance of
such separation. [21 & 22 Vict., c. 108, s. 10]; R.S.
1897, c. 62, s. 45.
Co-Respondent May Be Dismissed46. In all cases now
pending or hereafter to be commenced in which, on the
petition of a husband for a divorce, the alleged adulterer
is made co-respondent, or in which, on the petition of a
wife, the person with whom the 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 co-respondent or
respondent to be dismissed from the suit, if it shall think
there is not sufficient evidence against him or her. [21
& 22 Vict., c. 108, s. 11]; R.S. 1897, c. 62, s. 46.
Bills Subject To Taxation47. The bill of any proctor,
attorney, or solicitor, for any fees, charges, or
disbursements in respect of any business transacted in the
Court for Divorce and Matrimonial Causes, and whether the
same was transacted before the Full Court or before the
Judge Ordinary, shall, as well between proctor or attorney
or solicitor and client as between party and party, be
subject to taxation by any one of the Registrars belonging
to the principal registry of the Court of Probate, and the
mode in which any such bill shall be referred for taxation,
and by whom the costs of taxation shall be paid, shall be
regulated by the rules and orders to be made under the Act
of the twentieth and twenty-first of Victoria, chapter
eighty-five, and the certificate of the Registrar of the
amount at which such bill is taxed shall be subject to
appeal to the Judge of the said Court. [21 & 22 Vict.,
c. 108, s. 13]; R S. 1897, c. 62, s. 47.
Judge Ordinary May Grant Rule Nisi For New Trial48.
Where any trial shall have been had by a jury before the
Full Court or before the Judge Ordinary, or upon any issue
directed by the Full Court or by the Judge Ordinary, it
shall be lawful for the Judge Ordinary, subject to any rules
to be hereafter made, to grant a rule nisi for a new trial,
but no such rule shall be made absolute except by the Full
Court. [21 & 22 Vict., c. 108, s. 18]; R.S. 1897, c. 62,
s. 48. |
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