COSTS, how far in discretion of court, to be taxed by registrar, id. between proctor and client en- of wife taxed de die in diem, 534. when wife may be condemned in costs, security for, when not required, 536. in prohibition to be given to successful of appeal to Privy Council in discre- in actions for criminal conversation, COURTS, (TEMPORAL) possess inci- dental right of determining validity decide the mere fact of marriage, 464. will prohibit ecclesiastical courts from cannot be maintained by husband con- of circumstances of extenuation and id. gist of the action for, 390. action for, may be maintained not- how statute of limitations to be plead- conduct of husband and wife towards letters between the parties when ad- new trial, in what cases granted, 392. proof of marriage necessary in actions identity of parties must be proved, id. to be dealt with, 394. verdict for, how considered in ecclesi- CRIMINAL SUIT, in the ecclesiastical CRUELTY, a cause of divorce a mensa need not be by subscribing wit-! insolvent prisoner in custody for, how definition of, 425. danger to life, limb, or health, id. not necessary that wife's conduct facts usually relied on in cases of, id. minor circumstances admitted as proof words of menace with reasonable ap- other acts when amounting to, 430. violent conduct of wife bars suit for, absence of, not inferred from wife's de- laying complaint for, 436. suit for separation by reason of, may bars a suit for restitution of conjugal cannot be pleaded in bar of divorce for Acts not amounting to. interdict of wife's intercourse with her words of mere reproach, 430. ordinary domestic quarrels, 433. the husband taking to a separate bed, What may be pleaded in suits for. acts of adultery subsequent to citation, DEAF AND DUMB, may contract mat- DEATH, presumption of death of for- of wife in cases of cruelty does not in instituting suits for restitution of connivance inferred from delay in pro- formerly court of appeal from ecclesi- no appeal from, to the house of lords, suit before, did not abate by death of might be restrained by prohibition, id. DESERTION, not ground of divorce by in conjunction with cruelty is cause of husband's right of divorce for wife's adultery not barred by, 444. 516. DIVORCE, meaning of the term, 363. this distinction unknown to ancient laws of, in the British colonies, 368. 369. inexpediency of allowing unlimited by act of parliament, first instance of, marriage after, when allowed, 374. ecclesiastical canon respecting, 376. expense of obtaining parliamentary, 377. standing orders of the house of lords sentence of Ecclesiastical Court party applying for, to be exami- provision to be inserted in bill for marriage after parliamentary divorce, standing order of house of commons requires damages to have been reco- provision to be made by husband for instances of bills obtained by injured when proof of a verdict in an action what acts will bar right to parliamen- attempts made in parliament to alter the law respecting, 384. suit for, cannot be prosecuted in Seot- See ADULTERY; CRUELTY; SCOTLAND. by law of England only from bed and DOMICILE of husband that of wife, board, 364. form of sentence in case of, id. n- three causes of it, id. for unnatural practices, id. n. (ƒ). great diversity in the laws relative to, distinction between Catholics and Pro- 488. argument in favour of applying the status of children decided with refer- reference to English cases on law of, 799, 800, note(n). law of the place of, governs the distri- DOMINICA, marriages in, by justices of of marriage law of foreign countries, the peace DOWER, right to, how affected by wife's sentence of divorce, 478. E. EAST INDIES, marriages in, before 31st ministers celebrating such marriages ECCLESIASTICAL COURTS, jurisdic- will be prohibited by temporal courts 495. jurisdiction of, depends upon locality process of, how enforced, 494. orders of, 492. 508. 511, note. CAVIT. ERROR, when a ground for impeaching marriages by canon law, 221, 222. EVIDENCE of marriages of English parties in Scotland, 112-117. 148-153. in actions for criminal conversation, in cases of bigamy, 229. of adultery in suit for divorce, 405. mode of taking, in the Ecclesiastical duty of examiner in taking or reject- taken upon allegations, 523. except where sentences are pro- FELONY may be pleaded in a suit for FORCE, marriage obtained by, may be remarkable case of marriage obtained act of parliament obtained for setting FOREIGN LAW, upon what principle remedy afforded by, not adopted, 122. in writing, by an authenticated copy, unwritten, how to be proved, id. FOREIGN MARRIAGES, marriage acts to be decided according to lex loci, 123 for evading laws of parties' own coun- decided with reference to lex loci, 131. when valid, though not according to See FACTORIES; FRANCE; LEx Loci; FORMS of sentence of divorce, 364, period of, 729. Gardner peerage case, 730-732. See BASTARD; Legitimacy. Roman Catholics may be married by GRETNA GREEN, certificate of mar- GRIEVANCES, appeal against, 557. in appeals against, court not bound new facts cannot be brought for- cause of appeal should appear on hearing to be from acts of court costs of court below cannot be GUARDIAN ad litem, appointed in suits has right to custody of children after HAMBURGH, marriages of British sub- not liable to debts of wife who has may release wife's legacy after divorce liable to wife's contracts entered into but only during the marriage, id. liable to wife's debts contracted during when husband's assent to wife's con- tracts not presumed, 641. not liable to money borrowed by wife, id. HUSBAND, (continued.) liable on separation with mutual con- not discharged by separate provision questions as to sufficiency of separate liable to debts of wife who is compelled to leave him by ill usage, 646. him without sufficient cause, 647. liable to necessaries of wife if he omit not liable where wife has sufficient when liable in respect of wife's children by former husband, 654. in respect of debt incurred by wife right of, to control wife may be waived I. IDENTITY, proof of, in action for crim- in suits for adultery, 413. suits for nullity of marriage, 573. ILLEGITIMATE CHILDREN, within IMPEDIMENTS to marriage, either' mental incapacity, 183-201. force and error, 213–223. See AFFINITY; BIGAMY; CONSANGUIN- IMPOTENCE, ground for annulling general nature of, id. rule as to three years' cohabitation must exist at time of marriage, id. medical certificate not sufficient proof marriage after divorce on account of, what bars suit for, id. by canon law impotent person might impotent party held to be barred from bringing suit of this description, 209. case of marriage with a woman of ad- INCEST, prosecutions for, in the eccle- forms of proceeding, either criminal or criminal proceeding may be prosecuted relationship, how to be established, clear proof of, necessary, id. parties will be enjoined to live sepa- parties married before 31st August, 1835, may be punished for, 178. either party may sue for nullity of mar- parties having interest may sue for |