CAP. 152
Matrimonial Causes
[Rev. 2012]
69. Certificate of taxation
(1) Upon the registrar’s certificate as to costs being signed, an order of the court
for payment of the amount within seven days, or such other time as the registrar
shall direct, may issue.
(2) An order for payment of costs contained in a decree nisi, if drawn up before
the decree nisi is made absolute, shall direct payment into court, and such costs
shall not be paid out of court to the party entitled to receive them under the decree
nisi until that decree has been made absolute; but a wife who is unsuccessful in
a cause, and who at the hearing of the cause has obtained an order of the judge
for costs, may nevertheless proceed at once to obtain payment of such costs after
allowance thereof on taxation.
70. Security for wife’s costs
(1) A wife who is petitioner or who has entered an appearance to a petition may
at the hearing of an application for a commission or for letters of request or for the
appointment of a special examiner to examine a party or witness who is outside
the jurisdiction of the court ask for security for her costs of and incidental to such
examination or may apply for such security at any time after such an examination
is granted, and the registrar, after ascertaining what is a sufficient sum of money
to cover the costs of the wife of and incidental to the examination, may, unless the
husband proves that the wife has sufficient separate estate or shows other good
cause, order the husband to pay into court or to secure the costs of and incidental
to the examination within such time as he may fix.
(2) A wife who is petitioner or who has filed an answer may, after the registrar’s
certificate that the pleadings are in order has been given or at an earlier stage of a
cause with leave, file her bill of costs for taxation as against her husband and ask
for security for her costs of and incidental to the hearing of the cause:
Provided that a wife who is a poor person may not file her bill of costs for taxation
without leave.
(3) The registrar or taxing officer to whom such bill of costs is referred for
taxation shall ascertain what is a sufficient sum of money to cover the costs of the
wife of and incidental to the hearing of the cause, and may, unless the husband
proves that the wife has sufficient separate estate or shows other good cause,
order the husband to pay to the wife or into court her costs up to the setting down of
the cause and to pay into court or secure the costs of and incidental to the hearing
within such time as he may fix. and may direct a stay of the proceedings until the
order is complied with.
(4) The bond taken to secure the costs of a wife of and incidental to such an
examination or to the hearing of a cause shall be given to the registrar, and shall
be filed, and shall not be delivered out or sued upon without leave.
71. Payment of money out of court
Persons entitled to payment of money out of court on applying for the same
shall lodge in the Divorce Registry duplicate forms in writing setting forth the date
[Issue 1]
M9 - 42
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