INDEX.

pages referred to are those between brackets [ ].

ADULTERY, (continued.)

ing father of custody of his children,
688.
after, wife cannot charge her husband
for necessaries, 422. 647.

unless husband after knowledge of it
permit her to remain in his house,
422.

See CONDONATION; CRIMINAL CON-
VERSATION; RECRIMINATION.

AFFINITY, relationship by marriage,
155.

a ground of divorce, 154.
table of, 168.

marriages before 31st August, 1835,
within prohibited degrees of, con-
firmed, 156.

such marriages after that time declared
void, id.

prohibition of, extends to collaterals in
the third degree but not beyond, 160.
167,

degrees of, how computed, id. 161.
marriages within prohibited degrees
or, deceased's wife's sister or hus-
band's brother, 170. 172.

nephew or nieces by affinity, 172, 173.
daughter of deceased wife by a prior
husband, 173.

wife's mother's sister, id.

first cousins, and all collaterals in

fourth degree may marry, 161.
a man may marry the widow of his
great uncle, 173.

kindred of husband are not of affinity
to kindred of wife, 174. 162.
applies to illegitimate children, id. 175.
semble, that parties within prohibited

degrees of, who married before 31st
August, 1835, may be punished for
incest, 178.-See CONSANGUINITY;
INCEST; LEVITICAL DEGREES.

AGE, when parties may contract mar-
riage in Scotland, 87.-See CON-

SENT.

ALIMONY, what, 586.

to be allowed by husband in matrimo-
nial suits, id.

marriage must be proved or admitted

before granting, id.

will be granted whether suit by or
against husband, 587.
allegation of faculties to be given in
before allotment of, 587.

answer of husband to, id.
right to, not affected by husband's frau-
dulent assignment, 589,

not granted when husband was insol-
vent debtor, id.

Pending suit.

amount of, in discretion of court, id.
depends upon circumstances, id,
allotted from return of citation, 590.
reduction of, 592,
Permanent alimony.
what, 592.

wife when not entitled to, id.
how far in discretion of court, id.
proportion for, more out of large than
small income, 593.

in cases of gross misconduct on hus-
band's part, id.

to commence from sentence of divorce,
594.

appeal lies in respect of, 595.
alteration may be made in amount of,
596.

arrears of, will be enforced only for
one year, 597.

payment of, how enforced, id.
court of chancery has no jurisdiction
to decree alimony, 598.

will grant writ ne exeat regno
after decree for, 600.

arrears of, not recoverable in equity,
601.

not chargeable as separate estate, 602.
AMBASSADORS, how privileged, 74.
marriage of foreign subjects in houses
of, id.

marriages in a chapel of, abroad, made
valid, 76.

proviso as to marriages abroad, id.
English subjects may be married by
ambassador's chaplain in France,
140.

marriage at chapel of, between British

subject and foreigner valid, 76.
ANSWERS, nature and object of, in
ecclesiastical suits, 511. 514.
See PLEADING.

ANTENUPTIAL INCONTINENCE,
no bar to a suit for adultery, 402.
383.
may be alleged in rejoinder as excuse
for husband's separation, 516.

ANTIGUA, provision for establishing
marriages in, 60.

APPEAL, regulated by stat. 24 Hen. 8,
c. 12, 537.

from deans and chapters to Arches

court of Canterbury, id.

from the royal peculiars to privy coun-
cil, 539.

from dean and chapter of Exeter, lie
to metropolitan and not to diocesan,
539.

BAHAMAS, marriages in, how regu-
lated, 58.

BANBURY PEERAGE CASE, ques-
tions put to and answers of the judges
in, 716-718.

BANNS, question as to the effect of for-

BARBADOES, penalty for celebrating
marriage without banns or license,
58.

CERTIFICATE, (continued.)

of marriage at Gretna Green, not
pleadable in proof of such marriage,
112, note (a.)

may be used as a constituent and
acknowledgment of the parties, 113.
trial of marriage by, 462, n.
CHANCERY, (COURT OF,) will grant
writ of prohibition to Ecclesiastical
court, 465.

has not jurisdiction to try validity of
marriages, 468.

will direct the validity of marriages to
be tried, id.

cannot try causes of divorce, 469.
will not try the question of fraud as to
sentence in Ecclesiastical court,
475.

has not jurisdiction to decree alimony
to wife, 598.

nor to deliver wife to husband,
599.

will grant ne exeat regno after decree
for alimony, 600.

bill cannot be maintained in, for reco-
vering arrear of alimony, 601,
will decree maintenance to wife out of
her equitable property, 605.

in case of husband's cruelty and
misconduct, id.

where husband had deserted his
wife, id.

in case of husband's bankruptcy,
606.

in case of husband's insolvency,
607.
will not assist wife who has eloped
from her husband in adultery, id.
may assign the care of any infant con-
victed of felony to any person other
than the guardian, 704.

may rescind or alter such assignment,
705.

may award costs in certain cases, id.
infant not to be sent out of the juris-
diction of, id.

fee not to be taken by officer of, id.
counsel may be assigned for, id.
See INFANT; MAINTENANCE; WARD.
CHASTITY, solicitation of, question if
it bars husband's right of divorce,
444.

CHILDREN.-See INFANTS.
CITATION, suits in ecclesiastical courts
commenced by, 488.
how served, 489. 490.
misnomer of party in, 491.

may be objected to by party cited, 486.
but not by party called upon to seel

proceedings after issue joined in
matrimonial suit, 487.

service of, viis et modis, id.

distinction between such service and
common, id.

may be served on Sunday, 490.
when person is beyond sea, id.
on minor, id.

cause of, to be correctly stated, id.
variance between, and sentence prayed,

492.

how far libel is limited to grounds
stated in, 183.231.507.

CIVIL SUIT, may be brought to annul
an incestuous marriage, 175.

COLLUSION, what is, 415.
guarded against in granting divorces
in Scotland, 737.

upon what principles it bars right
to sue, id. 738.-See CONNIVANCE.
COLONIES (BRITISH,) what law pre-
vails in as to marriages, 43.
marriages in East Indies, id. 44.
solemnities required in British Guiana,
the Cape, and Ceylon, 45, 46.

See names of under proper heads.
laws respecting divorce in, 368, 369.
Statutes of, cited.

24 Car. 2, (Antigua,) 60, 61.

31 Geo. 3, c. 5, (New Brunswick,) 55.
33 Geo. 3, c. 5, (Upper Canada,) 51.
33 Geo. 3, c. 5, (Nova Scotia,) 55.
35 Geo. 3, c. 4, (Register in Lower
Canada,) 54.

35 Geo. 3, c. 2. (Nova Scotia,) 55.
38 Geo. 3, c. 4, (Upper Canada,) 52.
44 Geo. 3, c. 11, (Marriages in Lower
Canada,) 54.

6 Geo. 4, c. 6, (Prince Edward's Is-
land,) 57.

6 Geo. 4, c. 17, (Jamaica,) 59.
8 Geo. 4, c. 9, (New Brunswick,) 57.
2 Will, 4, c. 31, (Nova Scotia,) 55.
3 Will. 4, c. 10, (Newfoundland,) 50.
4 Will. 4, c. 31, (Jamaica,) 59.
COMITY OF NATIONS, meaning of
the term, 119.

not properly applied in ascertaining
meaning and existence of a contract,
121.

COMMONS (HOUSE OF,) standing
order as to bills of divorce, 378.
mode of proceeding on divorce bills in,
381.

COMMONWEALTH, marriages during,
celebrated by justices, 31.

INDEX.

COMMONWEALTH, (continued.)
marriages confirmed by act of parlia-
ment, 31, n. (z.)

punishment of adultery during, 387.

COMPENSATION.- See RECRIMINA-

TION.

CONCLUSION, of a cause,
n. (x.)

what is, 516,

of a cause rescinded for admission of
further proof, 402.

in suits for adultery, 403.

for giving in fresh allegations,
516, 517.

CONCUBINAGE, by civil law, what, 10.
disadvantages of, 11. 13.

CONDONATION, bars right of divorce,
445.

either express or implied, id.

not a bar where there is subsequent
adultery, id.

not inferred without knowledge of
facts, 446.

inferred from continued cohabitation,
447.

from delay in the husband's com-
plaint, id.

forbearance of wife does not amount
to, 448.

CONSANGUINITY,

relationship by

blood either lineal or collateral, 155.
a ground of divorce, 154.
table of, 168.

marriages before 31st Aug. 1835, may
be avoided for, 155.

marriages after that time declared
void for, 156.

in the ascending and descending line,
158. 169.

marriages prohibited between all col-
laterals in third degree of, 159.
degrees of, how computed, 160, 161.
statutes concerning the prohibited de-
grees of, 162-165.

prohibited degrees of, extend to ille-
gitimate children, 174.

a ground of nullity of marriage, 179.
See AFFINITY; INCEST; LEVITICAL
DEGREES.

CONSENT, of the contracting parties is
essential to the validity of marriages,

7.

CONTEMPT of court, wife personally
answerable in suits against her in
respect of her separate estate, 661.
orders under infants' custody act to be
enforced by process of, 702.
See CONTUMACY.

when not presumed from continuance CONTRACTS, of marriage before Mar-

of cohabitation, id.

should be pleaded, 449.

CONFESSION, sentence of divorce not
to be given upon sole confession of
parties, 411.

CONFRONTATION, decree of, 414.

CONNIVANCE, bars right of divorce,
449.

how different from condonation, id.
what will amount to, 450.
inferred from inattention of husband to
wife's conduct, 451.

permission of, opportunity for adultery
does not amount to, 452.
inferred from the husband's acquies-
cence in wife's adultery, id.
how to be proved, id.

from forbearance to institute suit, 453.
plea of, 454.

may be relied on, though not pleaded,
455.

generally proved by circumstantial evi-
dence, 456.

inferred from conduct of husband, id.
knowledge of adultery commit-
ted, 457.

riage Act, 26.

not enforced by Ecclesiastical
court, 28.

per verba de præsenti constituted mar-
riage, 31, 32.

doctrine of Ecclesiastical courts as to
contracts of marriage, 33.
See LEX LOCI.

CONTUMACY, what is, 498.
of party to be signified to court of
Chancery, 495.

writ de contumace capiendo, id.
form of, id. note (y).
persons not obeying orders of court
may be pronounced contumaceous,

id.
within ten days to be signified to lord
chancellor, id.

writ de contumace when to issue, id.
parties to be discharged upon submis-
sion, 496.

may be punished by Judicial committee
of privy council, 497.
mode of enforcing process of Ecclesi-
astical courts against persons in
Ireland, 497.

what service necessary before party

will be pronounced guilty of, 500.