Note 337 — Chapter XI · HISTORY OF SEPARATION AND DIVORCE UNDER ENGLISH AND ECCLESIASTICAL LAW (continued 2)

23 and 24 Vict., c. 144, sec. 7. The "intervener cannot be the respondent, or any one actually instigated by him or her, or his or her nominee; but the mere fact that the intervener may be (as he usually is) the friend or relative of the respondent is no objection."—Geary, op. cit., 263, 264: Howarth v. Howarth (1884), 9 P. D., 218-31; Forster v. Forster (1863), 3 Swabey and Tristram, Reports, 158-60. The queen's proctor may intervene as one of the public. Only the petitioner can apply to have a decree nisi made absolute, but in long default of such application the respondent may ask to have the petition dismissed. Decrees nisi "only apply to petitions for dissolution of marriage and not to judicial separations, restitution of conjugal rights, or jactitation;" but by 36 Vict., c. 31, they do apply to nullity suits: Geary, op. cit., 249, 250 nn. 355, 356.