not have the assistance of the Court to enforce any marital rights, and the Court will dismiss the defendant, Hope v. Hope, 27 L. J., P. & M. 43; Rex v. Flinton 1 B. & Ad. 227; Govier v Hancock, 6 Term Rep. 603. See also Beeby v. Beeby, 1 Hagg. 797; Astley v. Astley, 1 Hagg. 714; Anichini v. Anichini, 2 Curt. 215; Procter v. Procter, 2 Hagg. Con. 298.

And where a suit for separation by reason of the wife's adultery was dismissed on account of the husband's connivance at the wife's incestuous adultery, the Court said that it did not necessarily follow that, in a suit for restitution, the Court would compel him to return to an incestuous bed, Denniss v. Denniss, Con. H. T. 1808, 3 Hagg. 348, 353 (note.)

Antènuptial misconduct on the part of the wife discovered subsequently to their marriage might possibly be pleaded in answer to a suit at her instance for the restitution of conjugal rights, Perrin v. Perrin, 1 Add. 4: although antènuptial misconduct on the part of the wife cannot be alleged in a petition by the husband. Marriage is a condonation of such error, Graves v. Graves, 3 Curt. 235.

Where the husband had discovered that his wife had been guilty of incontinence previously to their marriage, and was consequently living separately from her, he was not allowed, in a suit for a divorce a mensâ et thoro by reason of adultery

while they were living so separated, to allege in the pleadings, or to givé in evidence against the wife, such incontinence, even for the purpose of exculpating himself from the blame of such separation, as it might raise a prejudice against her. It was held sufficient for him to allege that some unhappy difference having arisen between them, it was agreed that they should separate, and that they did so accordingly; for, all which it is necessary, and, therefore, all which it is proper, for the Court to be informed of, is, that the parties at the time in question were living separate by mutual consent, Perrin v. Perrin, 1 Add. 4. See also Graves v. Graves, 3 Curt. 233.

In reply to these various answers, it is, it would seem, competent to the petitioner to allege by way of replication, compensatio, connivance, condonation, or collusion. See post, App. Form 29.

Mere lapse of time does not bar the suit, the Court having on this principle made a decree in 1794, when the desertion complained of took place in 1759, Mordaunt v. Mordaunt, 1 Hagg. Cons. 135 (note).

APPENDIX.

19 & 20 VICTORIA, CAP. 119.

An Act to amend the provisions of the Marriage and Registration Acts.-(July 29, 1856.)

WHEREAS an Act was passed in the session

holden in the sixth and seventh years of the reign of King William the Fourth, chapter eighty-five, intituled An Act for Marriages in 6 & 7 W. 4, c. 85. England; and another Act was passed in the first year of the reign of her Majesty, chapter twentytwo, intituled An Act to explain and amend Two 1 Vict. c. 22. Acts, passed in the last Session of Parliament, for Marriages, and for registering Births, Deaths, and Marriages, in England; and another Act was passed in the session holden in the third and fourth years of her Majesty, chapter seventytwo, intituled An Act to provide for the So- 3 & 4 Vict. c. 72. lemnization of Marriages in the District in or near to which the Parties reside: And whereas it is expedient to alter and amend the provisions of the said recited Acts, so far as is herein-after provided: 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 follows:

1. In case of any party intending marriage under the provisions of any of the said recited Acts or of this Act, no notice of such intended marriage shall be read or published before the guardians of any Poor Law Union or parish or place, or be transmitted by any superintendent registrar to the clerk of any such guardians.

α

No notice of marriage to be read or published before poor law guardians, or be the clerk of such guardians.

transmitted to

Every notice of marriage to be accompanied by a solemn declaration, by one of

the parties, that there is no lawful hindrance to such

marriage, &c.

2. In case any party shall intend marriage, under the provisions of any of the said recited Acts or of this Act, the party so intending marriage shall, at the time of giving to the superintendent registrar or respective superintendent registrars, as the case may be, the notice required by the said recited Acts or either of them, make and sign or subscribe a solemn declaration in writing, in the body or at the foot of such notice, that he or she believes that there is no impediment of kindred or alliance or other lawful hindrance to the said marriage, and that the parties to the said marriage, in case the marriage is intended to be had without licence, have, for the space of seven days immediately preceding the giving of such notice, had their usual place of abode and residence within the district of the superintendent registrar or respective superintendent registrars to whom such notice or notices, as the case may be, shall be so given; or, in case such marriage is intended to be had by licence, that one of the said parties hath for the space of fifteen days immediately preceding the giving of such notice had his or her usual place of abode and residence within the district of the superintendent registrar to whom such notice shall be so given; and when either of the parties intending marriage, and not being a widower or widow, shall be under the age of twenty-one years, the party making such declaration shall further declare that the consent of the person or persons whose consent to such marriage is by law required has been given, or (as the case may be,) that there is no person whose consent to such marriage is by law required; and every declaration so made as aforesaid shall be signed and subscribed, by the party making the same, in the presence of the superintendent registrar to whom the notice of marriage containing such declaration is given, or in the presence of his deputy, or of some registrar of births and deaths or marriages for the district in which the party giving such notice resides, or of the deputy of such registrar, who shall respectively attest the same by adding thereto his name, description, and place of abode; and no certificate or licence for marriage shall be issued or granted pursuant to any such notice as afore