PART III LEGITIMATION PROCEEDINGS

8. An application under section 54 of the Law shall be by petition.

9. The petition may be filed-

(a) in the court for the district in which the mother resides if the person who is alleged to be the father of an illegitimate child is absent from the Colony; or

(b) in the court for the district in which the alleged father had his ordinary or last place of residence in the Colony if both the mother and alleged father are absent from the Colony.

10.-(1) The petition shall be in Form 1 or Form 2 (as the case may be) in the Appendix hereto and shall contain the information required thereby.

(2) The petition shall include an undertaking by the petitioner to pay any costs of the respondents which he may be ordered by the court to pay.

(3) The notice of hearing of the petition shall be in Form 3 in the Appendix hereto.

11. The petition shall state the petitioner’s address for service within the municipal limits of the town in which is situated the registry of the court in which the petition is filed.

12. The respondents to a petition shall be the Attorney-General and all persons whose interests may be affected by the order of legitimation asked for, and the court may at any time direct any persons not made respondents to be made respondents, and to be served with the petition, affidavit, and consents, if any.

13. An affidavit in Form 4 in the Appendix hereto made by the petitioner, or, if the mother of the child is a person under disability or an incapable person, by her guardian, shall be filed with the petition.

14. Where required, the consent of the mother and child in Form 5 in the Appendix hereto shall be attested by a Registrar or Certifying Officer and filed with the petition.

15. Every birth certificate intended to be relied on at the hearing shall be lodged with the petition:

16.-(1) A copy of the petition and a copy of the affidavit and consents, if any, shall be delivered or sent by registered post by the petitioner to the Attorney-General not less than one month before the petition is filed.

(2) Any document or notice required to be delivered or sent to the Attorney-General shall be addressed to him at his office.

17.-(1) An office copy of the petition, affidavit and consents, if any, and a notice in Form 3 in the Appendix hereto shall, unless the court otherwise directs, be served not less than 28 clear days before the hearing on every respondent (other than the Attorney-General) personally:

Provided that the court may in its discretion dispense with service on any respondent who the court is satisfied cannot after reasonable effort be found.

(2) The Registrar shall give to the Attorney-General not less than 28 clear days’ notice of the day fixed for the hearing which shall be in Form 6 in the Appendix hereto.

18.-(1) A respondent may, within 14 days of the service of the petition on him, file in the court registry an answer to the petition which shall be in Form 7 in the Appendix hereto.

(2) Every answer which contains matter other than a simple denial of the facts stated in the petition shall be accompanied by an affidavit made by the respondent verifying such other matter, as far as he has personal knowledge thereof, and deposing to his belief in the truth of the rest of such other matter.

(3) The respondent shall deliver a copy of the answer and of the affidavit, if any, to the petitioner, the Attorney-General and any V other respondents, within 14 days after service of the petition on him.

19. Evidence on the hearing of the petition shall be given orally:

Provided that the court may, on application made to it before or at the hearing, direct that any particular fact alleged in the petition or answer may be proved by affidavit.

20. If on the hearing of the petition an order of legitimation is made, the order shall be in Form 8 in the Appendix hereto.