A Practical Treatise on Divorce and Matrimonial Jurisdiction Under the Act of 1857 and New Orders ...: With Numerous PrecedentsW. Maxwell, 1858 - 187 pages |
From inside the book
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Page v
... granted are but a choice of evils . 1 The duties cast on the Judges are more than ordinarily serious . For this reason the Act requires them to sift the evidence , and call for more , when they are dissatisfied or doubtful . This the ...
... granted are but a choice of evils . 1 The duties cast on the Judges are more than ordinarily serious . For this reason the Act requires them to sift the evidence , and call for more , when they are dissatisfied or doubtful . This the ...
Page xxii
... granted readily 26. Advice to wives 27. Good effects of such orders CHAPTER XXIII . 96 ib . ib . 97 · ib . - ib . ib . ib . ib . ib . ib . ib . · 98 · ib . - ib . - ib . - ib . - ib . · ib . · 99 ib . ib . ❤ ib . - 100 · ib . ib . · ib ...
... granted readily 26. Advice to wives 27. Good effects of such orders CHAPTER XXIII . 96 ib . ib . 97 · ib . - ib . ib . ib . ib . ib . ib . ib . · 98 · ib . - ib . - ib . - ib . - ib . · ib . · 99 ib . ib . ❤ ib . - 100 · ib . ib . · ib ...
Page 24
... granted both for adultery and for desertion , and the remedy is reciprocal , that is to say , open alike to husband and wife ; but we shall see that the wife seldom avails herself of it . 10. The total number of divorces decreed in ...
... granted both for adultery and for desertion , and the remedy is reciprocal , that is to say , open alike to husband and wife ; but we shall see that the wife seldom avails herself of it . 10. The total number of divorces decreed in ...
Page 26
... granted in cases of adultery and in cases of cruelty only . 2. In consequence of this state of things , a practice grew up , from a species of necessity , of appealing to the legislature for divorce à vinculo , where the parties ...
... granted in cases of adultery and in cases of cruelty only . 2. In consequence of this state of things , a practice grew up , from a species of necessity , of appealing to the legislature for divorce à vinculo , where the parties ...
Page 27
... granted by the legislature but by a court . 2. The the court should consist of an equity , a common law , and an ecclesiastical judge . 3. That dissolutions of marriage should be allowed to a husband for his wife's adultery , but not as ...
... granted by the legislature but by a court . 2. The the court should consist of an equity , a common law , and an ecclesiastical judge . 3. That dissolutions of marriage should be allowed to a husband for his wife's adultery , but not as ...
Other editions - View all
Practical Treatise on Divorce and Matrimonial Jurisdiction: Under the Act of ... John Fraser Macqueen No preview available - 2015 |
A Practical Treatise on Divorce and Matrimonial Jurisdiction Under the Act ... John Fraser Macqueen No preview available - 2017 |
A Practical Treatise on Divorce and Matrimonial Jurisdiction Under the Act ... John Fraser Macqueen No preview available - 2008 |
Common terms and phrases
21 Vict affidavit alimony alleged appear application authorities banns bigamy bill of divorce celebration ceremony CHAPTER church claim clandestine marriages clause clergy clergyman Code Napoleon cohabitation collected infra collusion common connivance consensual marriages consent contract copula Council of Trent Court for Divorce Court of Chancery Court of Session cruelty custody declaration decree deemed delinquent desertion discretionary bar dissolution dissolved divorce à mensâ divorce à vinculo Divorce and Matrimonial divorce bills Ecclesiastical Court effects of divorce enacts entitled facie ecclesiæ Fleet parson French Gretna Green ground Hagg House of Lords husband incestuous adultery injured Jactitation Judge Ordinary judicial separation jurisdiction jury Justice Lord Chancellor Lord Lyndhurst Macq married Matrimonial Causes mensâ et thoro ment offence Parliament parties petition Petitioner proceeding pronounced provision question reason remedy respect riage rule Scotch law Scotland Sect solemnize spouse statute Suppose supra thereof tion wife's wilful witnesses woman
Popular passages
Page 162 - No person shall be admitted to prosecute a suit tn forma pauperis without the order of the Judge Ordinary ; and to obtain such order the case laid before counsel for his opinion, and his opinion thereon, with an affidavit of the party or of his or her...
Page 168 - ... were respectively written, signed, or executed, as they purport respectively to have been ; that such as are specified as copies are true copies ; and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered respectively ; saving all just exceptions to the admissibility of all such documents as evidence in this cause.
Page 54 - America, to be paid to the said or his certain attorney, executors, administrators, or assigns: to which payment well and truly to be made, I bind myself, my heirs, executors, and administrators, firmly by these presents.
Page 148 - In every Case of a Judicial Separation the Wife shall, whilst so separated, be considered as a Feme Sole for the Purposes of Contract, and Wrongs and Injuries, and suing and being sued in any Civil Proceeding...
Page 32 - That if any person, being married, shall marry any other person during the life of the former husband or wife,' whether the second marriage shall have taken place in England or elsewhere, every such offender, and every person counselling aiding or abetting such offender, shall be guilty of felony...
Page 62 - In all suits and proceedings, other than proceedings to dissolve any marriage, the said Court shall proceed and act and give relief on principles and rules which in the opinion of the said Court shall be as nearly as may be conformable to the principles and rules on which the Ecclesiastical Courts have heretofore acted and given relief, but subject to the provisions herein contained, and to the rules and orders under this act.
Page 149 - In case the Court shall be satisfied on the evidence that the case of the petitioner has been proved...
Page 162 - ... the cause or matter may be, unless at the trial or. hearing the court or a judge shall certify that the refusal to admit was reasonable; and no costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is, in the opinion of the taxing officer, a saving of expense.
Page 163 - The registry of the Court for Divorce and Matrimonial Causes, and the clerks employed therein, shall be subject to and under the control of the registrars of the principal registry of the Court of Probate, in...
Page 149 - 29. Upon any such petition for the dissolution of a marriage, it shall be the duty of the Court to satisfy itself, so far as it reasonably can...