[Rev. 2012] Matrimonial Causes CAP. 152 chambers supported by affidavit (of service of the order and of non-payment), and the judge may make such order as to attachment of the person or of the property of the person so failing to pay as in the circumstances may seem expedient. (2) A decree requiring a person to do an act thereby ordered, shall state the time within which the act is to be done, and the copy to be served upon the person required to obey the same, shall be endorsed with a notice in Form 16 in the Appendix. (3) Where a party who has been ordered to lodge damages in court fails to do so in accordance with the order, the party in whose favour the order was made may apply to the judge at any time to vary the order by directing the payment of such damages to an individual to be specified in the application, and the judge, if satisfied that in the circumstances it is just and equitable to do so, may vary the order for lodgement of damages accordingly upon an undertaking by that individual to lodge the same in court or otherwise deal with the same as and when received as the Judge may direct: Provided that if the application is made after decree absolute the judge may, if satisfied as aforesaid, dispense with the undertaking. (4) Where a party who has been ordered to pay costs into court fails to do so in accordance with the order, the party in whose favour the order was made may apply to a judge to vary the said order by directing payment to an individual to be specified in the application, and the judge, if satisfied that in the circumstances it is just and equitable to do so, may vary the order accordingly: Provided that, if the application is made before decree absolute, the order shall only be made upon the individual undertaking to pay the costs into court as and when received. 60. Motions (1) Unless a judge otherwise directs, four clear days’ notice of any motion, other than an ex parte motion, to be made to the court shall be served on all parties who may be affected by the proposed order. (2) A copy of the notice so served shall be filed in the Divorce Registry, and the affidavits to be used in support of the motion and original documents referred to therein or intended to be used at the hearing of the motion shall at the same time be lodged in the Divorce Registry; and copies of all such affidavits or documents shall be delivered upon request to the parties who are entitled to be heard upon the motion. 61. Infants and persons of sound mind (1) An infant or a person of unsound mind may commence and prosecute any cause to which these Rules relate by his next friend, and may defend or intervene in any such cause by his guardian appointed for that purpose. (2) When in any such cause any document is required to be personally served and the person on whom service is to be effected is an infant, that document shall, unless otherwise directed, be served on the father or guardian of the infant or, if none, upon the person with whom the infant resides or under whose care he is, and service so effected shall be deemed good service on the infant: M9 - 39 [Issue 1]

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