Page

DESERTION-cont.

Order may be made by police
magistrate, justices in petty
sessions, or Court of Di-
vorce, protecting her pro-
perty

Any wife or husband judi-
cially separated for, may
obtain a reversal, on proof

that the alleged desertion
had reasonable cause

With adultery, a ground to a

97

64

336

Introduced then by common

- 21

22

-

23

ib.

24

Open alike to husband and

wife in Scotland

Number of divorces in Scot-

land during five years
Number annually for adultery ib.
Number annually for deser-

of the

111

Scotch law as to
Great point in Act as to what
is a "reasonable excuse
Divorce à mensâ et thoro pro-

·

Number annually at husbands'

ib.

ib.

nounced by Dr. Lushington

against a wife for adultery,

although she had been de-

ib.

serted within a few days of
the marriage
Probably a bar to judicial

25

ib.

ib.

112

ib.

separation under the Act
This recommended by the
Commissioners' report
Must be defined by the Court
No authorities as to

Average cost

Not allowed by old English

law

tion of wife's society being
held desertion

In Scotland, must be a wilful
abandonment of conjugal
society

Code Napoléon silent as to

French law of 1792 as to

Practice in Scotland

Where deserter had returned

when sentence was about to

be pronounced

DIVORCE

Scotch law of

Unknown in Scotland till the

Reformation

ib.

N 2

INDEX.

Pago

128

Fage

MATRIMONIAL

CAUSES, COURT For-cont.

On divorce at suit of husband,

may order adulterer to pay

costs

- 129

-

Bars to, under the Code Na-

poléon

Effects of under the Code

Abolished in France, at the
instigation of the clergy,

1816

Received more attention than
separation of Napoleon
Chiefly the poor who require

divorce

DIVORCE À MENSÂ ET THORO

In Scotland

Abolished by Divorce Act

Power on divorce, or judicial

separation, over wife's pro-
perty

Power and rules as to witnesses

128

129

33

93

94

154

-

67

89

Enforcement of decrees and

156

ib.

ib.

Rules of, and yearly returns

as to expenses, to be laid
before Parliament -
DIVORCE BY MUTUAL CONSENT
Allowed by the Code Na-
poléon

Much restriction as to, under

the Code Napoléon
Abolished in France, 1816
Chief object in allowing,

Napoleon

- 123

-

ib.

ib.

of

ib.

EARNINGS OF WIFE, ORDERS PROS

Officers of

Who are entitled to practise
as barristers, solicitors, &c.,

May grant order protecting
deserted wife's property
May be applied to, by hus-
band or his creditor, for
discharge of such order
To proceed on principles of
the Ecclesiastical Courts
Grounds of divorce in- - 30
To inquire into any counter.

charge against petitioner
for divorce

Bars to divorce in

May, on divorce, grant ali-

149

Lord St. Leonards' clauses

Applicable to working women

only -

ib.

ib.

Made by the Commons into

one clause

Embracing all

Immaterial when the desertion
commenced

Wife's application may be to
Court of Divorce, police
magistrate, or justices in
Petty Sessions

Application may be ex parte

ib.

ib.

42

ib.

57

When made to the Court,

ib.

[Page

EVIDENCE

Provisions of 17 & 18 Vict.
c. 47.

General rule as to viva voce

evidence

Proviso for affidavits

Cross-examination

Evidence may be wholly by

affidavit

Exceptions

ib.

to her separate use not
defined

In a case supposed

In Scotland and France, on
divorce of wife for adul-
tery, effects are as if she
had died

Case in which husband was

indemnified against wife's
debts

Clauses in private divorce bill

Clause in private divorce bill

providing for wife

cutting off wife's jointure

Under the Code Napoléon

EFFECTS OF SEPARATION

ib.

ib.

134

Husband banished; held that
wife could sue as a feme sole 122
Petition of clergy, 1554, as
to provisions for innocent
wives

ib.

ib.

90

91

ib.

ib.

ib.

92

-

ib.

ib.

Provisions of 13 Geo. 3. c. 63.

and 1 Will. 4. c. 22.

Steps to be taken

Restriction as to depositions -
Common law satisfied with a

single witness
Canon law invariably requires

two