The Sun.
London, England, 1858-08-10 00:00:00

ACT TO AMEND THE DIVORCE AND
MATRIMONIAL CAUSES ACT OF LAST
SESSION.
(21 AND 2 VICT., CAP. 108.)

Whereas in the last session of Parliament an act was
passel, intituled "An Act to amend the law'relating to
Divorce and Matrimonial Causes in England ;" and whereas
it is expedient to amend the same : Be it therefore enacted
by the Queen's most excellent Majesty, by and with the
advice and consent of the Lords spiritual' and temporal and
Commons in this present Parliament assembled, and by the
authority of the same, as fellows :
1. It shall be lawful for tke 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 ordi-
nary, with advantage to the suitors, be beard in chambers;
axe! such sittings shall from time to time be appointed by
the said judge ordinary.
2. The Commissioners of her Majesty's Treasury shall
from time to time prod •!e chambers in which the said judge
ordinary sha". sit for the despatch of suet, business as afore-
said, and until such chambers are provided the said judge
ordinary shall sit in chambers in any room which he may
find convenient for the purpose.
3. The said judge ordinary, when so sittiag 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.
4. The registrars of the prixcipal registry of the Court cf
Probate shall be invested with and shall and may exercise,

with reference to proceedings in the Court for Divorce and
Matrimonial Causes, the same power and authority which
surrogates of the official principal of the Court of Arches
could or might before the passing of the 20 and 21 Vict.,
chap. 77, have exercised io chambers with reference to pro-
ceedings in that court.
5. In every cause in which a sentence of divorce and
separation from bed, board, and mutual cohabitaticn has
been given by a competent ecclesiastical court before the
act of the 20 and 21 Vic., chap. 85, came into operation,
the evidence in the case in which such sentence was pro-
nounced in such ecclesiastical court may, whenever from
the death of a witness or from any other cause it may ap-
pear to the court reasonable and proper, be received on
the hearing of any petition which may be presented to
the said Court for Divorce and Matrimonial Causes.
6. Every wife deserted by her husband, wheresoever resi-
dent in England, may, at any time after such desertion,
apply to the said judge ordinary for an order to protect any
money or property in England she may have acquired or may
acquire by her own lawful industry, and any property she
may have become possessed of, or may become possessed of
after such desertion, against her husband and his creditors,
and any person claiming under him ; and the judge ordinary
shall exercise in respect of every such application all the
powers conferred upon the Court for Divorce and Matrimo-
niel Causes under the 2011 r and 21st Vict., cap. 85, sec. 21.
7. The provisions contained in this act, and in the said act
of the 20th and 21st Vict., cap. 86, respecting the property
of a wife who has obtained a decree for a judicial separation
or an order for protection, shall be deemed to extend to pro-
perty to which such wife has become or shall become enti-
tled as executrix, administrattix, or trustee since the sen-
tence of separation or the commencement of the desertion (as
the case may be); and the death of the tcsta'nr or intestve
shall r‘, ,'tf r t.: () b tLe titre ‘v heir SUCiI Wile became
..lititicel as executrix or adminis
8. In every case in which a wife shall under this act or
under the said act of the 20th and 21st Vic., chap. 85, have
obtained an order to protect her earnings or property, or a
decree far judicial separation, such order or decree shall
until reversed or discharged, so far as necessary for the pre-
tection of any person or corporation who shall deal with the
wife, be deemed valid and effectual ; and no discharge,
variation, or reversal of such order or decree shall prejudice
or affect any rights or remedies which any person would
have had in case the same had not been so reversed, varied,
or eischarged in respect of any debts, contracts, or acts of
the wife incurred, entered into, or done between the times
of the making such order or decree and of the discharge,
variation, or reversal thereof; and property of or to which
the wife is possessed or entitled for an estate in remainder or
reversion at the date of the desertion or. decree (as the case
may be), shall be deemed to be included in the protection
given by the order or decree.
9. Every order which shall be obtained by a wife under
the said act of the 20th and 21st Vict., cap. 85, or under this
act, for the protection of her earnings or property, shall state 1
the time at which the desertion in consequence whereof the
order is made commenced; and the order shall, es regards
all persons dealing with such wife in reliance thereon, be
conclusive as to the time when such desertion commenced.
10. All persons and corporations who shall, in reliance on
any such order or decree as aforesaid, make any payment to,
or permit any transfer or act to be made or done by, the wife
who has obtained the same, shall, notwithstanding such
order or decree may then bare been trschurged, reversed, or
varied, or the separation of the wife from her husband may
have ceased, or at come 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 pay-
ment, 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 discontinues', unless at the time of such pay li
-
ment, transfer, or ot tier act such persons or corporations had
notice of the discharge, reversal, or variation of such order
or decree, or of the cessation or discontinuance of such sepa-
ration.

11. In all ca,es now pending-, or hereafter to be com-
menced, In which, on the petition of a husband for a divorce,
the alleged adulterer is made a 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 shell be lawful for the court, efter the close of the evidence
on the pert of the petitione-, 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.
12. Registrars, surrogate., commissioners for taking oaths
in the Court of Chancery, and all ether persons now or here-
af. er authorised to administer oaths under the act of the
20 and 21 Vict., cap. 77, er under this act, shall have power
to administer oaths under the act of the 20 and 21 Vict.,
cap. 83.

13. The bill of any proctor, attorney, or solicitor, for any
fees, charges, or disbursements in respect of any business
transacted in the Court fur Divorce and Matrimonial Causes,
and whether the same was transacted before the full court or
before thejudge o dinary, shalt, as well between proctor, or
attorney, or solicitor and efent, as between party and party,
be subject to taxation by arty 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 20th and :21st Viet., cap..Bs, and the certificate of the
registrar of the amount at %Welt such bill is taxed shall be
subject to appeal to the judge of the said court.
14. The judge ordinary of the Court for Divorce and
Matrimonial Causes, and the registrars of the principal re-
gistry of the Court of Probate, shall re.pectively, in any
case where an ecclesiastical court having matrimonial juris-
diction, had, previously to the c3mmencement of the Act of
the 20kb and 21st Viet., cap. 83, made any order or decree
in re-pest of costs, have the same power of taxing such costs,
and enforcing payment thereof, or of otherwise carrying
such order or decree into effect, as if the calm wherein such
decree was made had been originally commenced and prose-
cuted in the said Coat t for Divorce and Matrimonial Causes
provided that in taxing any such costs, or any other costs in-
curred in causes depending in any ecclesiastical court pre-
viously to the commencement of the said rectified act, all
fees, charges, and c:renses shall be allowed which might
have been legally r -,:e, changed, and enforced according to
the practice of the Court of Arches.
15. The judge ordinary of the Court for Divorce and
Matrimonial Causes shall have and exercise, over pros ors,
scl'eters, and at tornies practising in the said court, the like
an*.hority and control as is now exercised by the jusiges of
cry court of equity cr of common law over persons practis-
ing therein as proctors, solicito-s or at tornies.
16. It shall be lawful for the judge ordinary of the Court
of Divorce and Matrimonial Cause. to appoint, by commis-
sion under seal of the court any persJns practising as soli •
tors in the Isle of Man, in the Channel Islands, or any one
of them to administer oaths, and to take declara ions or
affirmations, to be used in the said court ; and such persons
shall be entitled from time to time to charge and take such
fees as any other persons performing the same duties in tl.e
court for Divorce and Ma!ritnonial Causes luny charge and
and t Ike.

17. Whereas doubts may be entertained ..vhether the right
of appeal given by the act of the 20th and 21st Vict., cap.
sec. 56, extends to sentences on petitior.s for nullity of
marriage : be it enacted and declared, that either party dis-
satisfied with any such sentence may appeal thereirolu iu
the same manner, within the same time, and subject to the
same regulations as affect appeals agrinst sentences on peti-
tions for the diFsolution of marriage.
18. Where any trial shall have been had by a jury before
the fall court or before the Judge Ordinary, or upon aey
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.

19. So much of the act of the 20th and 21st Vict., cap. 85,
as autboris2s application to be mad! fz.r restitution of con-
jugal rights or for judicial separation by retition to
such
judge of r.saize, and as relates to the proccediags on
petition shaq be and the same is hereby repealed.
20. In eases where it is necessary to obtain eflid oaf? de-
clarations, or affirmations lobe usedia the Courtfr.D_,iii,ee_rvgne
anti Matrimonial Causes from persors residing neall 1
be
per's out of her Majesty's dominions, the santin
,Nzed
sworn, declared, or affirmed before the
to adminkter oaths 'leder the act of the sixth of the
Fourth, chapter 87, or undrr the act of the 18'h and 19th
of Victoria, chapter 42; provided that in places where there
ere no such persona es are mentioned in the said act?, such
affidavits, declarations, or affirmations may be made, de-
clared or affirtnet before any f.reiffn lccal magistrate or
other person having authority to administer an oath there.
21. Affidavits, dectaratione, and affirmations to be used in
the Cout t for Divorce and Matrimonial Carta may be sworn
sod taken in Scotland, lielaud, the.ls e o. Man, the Chan-
nel Mends, or any colony, island plantation, or place cut of
England under' the dominion of her Majesty, before any
court,n judge, notary public, or person lawfully authorised to
adm L'er oaths in such country, colony, islaed,
,enr place respectively, or, so far as relates to the. Isle of Man
d the Channel Islands. before any commissary, ecelesies-
judge, or surrogate. who at the time of the pas,ing• of ,1
he act of last session, cap. 77, wrs authorised to administer
oe Os in the Isle of Man or in the Channel Islands respee-
tively ; and ell rcgis' cars and other officers of the Court for
Divorce and Maltunonial Causes shall take judicial notice
of the seal or signature, as the ca,e may be, of any such
judge, notary public, or person, which shag be attached,
suspended, or subscribed to any such affidavit, declaration,
or affirmation, or to any other document.
If any person should forge any s:ch seal or signature ES
Ir,t eforesed, or any seal or signature impressed, affixed, or
stiberibed under the pros isions of the said act of the 6'h of
George IV., or of tke said act of the 18th and 19th of Vic-
toria, to an affidavit, tlelaration, or affirrnatlon to be uses
in the Court for Divorce and Matrimonial Causes, or shall
tender in evidence any such document as aforesaid with a
f,.!,,e or counterfeit seal or signature thereto, knowing the
same to be false or counterfeit, lie shall be guilty of felony,
and shall upon conviction be liable to penal servitude for the
term of his life, or for any term not less than ieven years, or,
to be imprisonttl, ith or without hard labour, for any term
not exceeding three years nor less than one year ; and
whenever any such document has been admitted in evi-
dence by virtue of this act, the court or the person who
has admitted the same may, at the request of any pa, ty
against whom the same is so admitted in evidence, direct
that the same shall be impounded, and be kept in the ens-
t cdy of some officer of the court or other proper person, for
such period and subject to such conditions as to the said
court or person shall seem meet; and every person charged
with committing any felony under this act may be dealt
with, indicted, tried, and, if convicted, sentenced, and his
offence may be laid and charged to have been committed in
the county, district, or place in which he may he appre-
hended er be in custody ; and e' cry nr-r4cory before e r a:'€-
tho fr.r .0 s •-a if—cc u.ey t,e titbit with, indicted,
tried, and, it convicted, sentenced, and his offence laid and
charged to have been conned. ted, in any coun.y, district, or
place in which the principal offender may be tried.
23. Any person who shall wilful y give false evidence, or
who shall wilfully swear, affirm, or declare falsely, in any