though infant at mother's breast,
notwithstanding provision in deed of separation, 680.
mother entitled to custody of, after husband's transportation for felony, 681.
custody of, after father's death will be granted to guardians, 682. custody of illegitimate, belongs to mo- ther, 683.
right to custody of, controlled by court of chancery, 684.
upon what grounds that court will deprive father of custody of, 685.
the father an outlaw abroad in embarrassed circumstances, 686.
the father an avowed atheist and immoral man, id.
on account of fathers' cruelty and insolvency, 688.
on account of father's profligate conduct, id.
father's adultery not alone ground for depriving him of custody of, id. whether father's drunkenness be suffi- cient to deprive him of custody of, 689.
being wards when allowed to be taken abroad, 689, 690.
maintenance of, whilst abroad, ordered, id.
custody of, not changed on ground of religious tenets, 691.
custody of, will be given to guardians,
interference with custody of, on ground of pecuniary interest, 692. maintenance of, may be ordered on petition by courts of equity, 695.
orders for, may be enforced by process of contempt, 702.
order not to be made in favour of adulteress, id.
case in which the court refused to in- terfere in giving custody of, id. convicted of felony, may be educated under direction of court of chancery, 704.-See CHANCERY (COURT of;) CONSENT; WARD.
INHIBITION, what, 559. how obtained, id.
not to be granted without the subscrip- tion of an advocate, id. n. (a).
until appeal shall be exhibited to the judge, 560, n.
in appeals against grievances, court not bound till service of, 561.
INSANITY, not easily defined, 193. delusion usually accompanies, 194. lucid intervals, proof of, 195. how to be proved, 197.
commission of lunacy not conclusive evidence of, in ecclesiastical court, 199.
produced by intoxication, id. See Lu-
INSOLVENT DEBTORS, in custody for criminal conversation, 394.. in custody for contempt of ecclesiasti- cal courts, 505.
INTERVENTION of third parties al- lowed in suits in ecclesiastical court, 569.
of wife of second marriage to repel the first, 570.
a party cited to see proceedings in
INTERVENTION, (continued.)
matrimonial suit cannot object to ex- ecution of original citation, 487. intervener cannot object to jurisdiction of court after submission to it by principal parties, id.
IRELAND, marriage acts do not extend to, 76.
marriages in private houses in, valid, 77.
marriage of dissenters in private house, valid, id.
marriages in, by what evidence proved, 78.
whether celebration of marriage must be by person in orders, 79. marriages between protestants and Catholics, in, id. 988. repeal of penalties
for celebrating marriage between protestants, or protestant and papist, 81. marriages of protestant dissenters in, 83.
Quakers within act as to marriage of dissenters in, 84.
marriages by minors without consent of parents or guardians, id. punishment for forcible abduction of women in, 217, n. (0).
for abduction of an unmarried girl under the age of eighteen years, 220, n.
of an unmarried girl under six- teen years, id.
punishment of bigamy in Ireland, 224 n. (f).
statute, as to marriages within the pro- hibited degrees in, 165. jurisdiction of Scotch courts to dissolve marriage between Irish parties, with domicile in, 763.
Statutes cited, relating exclusively to. 33 Hen. 8, c. 6, (Probibited degrees,) 165.
1 Eliz. c. 1, s. 2, (Revival of stat. 33 Hen. 8, c. 6,) id.
12 Geo. 1, c. 3, (Precontracts of Mar- riage,) 79.
9 Geo. 2, c. 11, (Marriage of Minors, without consent,) 84.
11 Geo. 2, c. 10, s. 3, (Marriage of Protestant Dissenters,) 83. 21 & 22 Geo. 3, c. 25, (Marriages of protestant dissenters,) 77. 83, 84. 32 Geo. 3, c. 21. (Marriages between protestants and Catholics, 80. 51 Geo. 3, c. 37, (Marriage of Luna- tics, so found by Inquisition,) 191. 54 Geo. 3, c. 68, (Process in ecclesias-
tical courts, Excommunication,) 494.
58 Geo. 3, c. 81, (Marriage Contracts,)
10 Geo. 4, c. 34, ss. 22, 23, 24, (For- cible and Fraudulent Abduction of Women,) 217.220.
s. 26, (Bigamy,) 224.
3 & 4 Will. 4, c. 102, (Celebration of Marriages by Roman Catholic Cler- gymen,) 81.
JACTITATION OF MARRIAGE, na- ture and object of suit for, 582. when it may be brought, 583. statements in libel for, id. have fallen into disrepute, id. defences in suits for, 584.
suit for, barred by showing private en- couragement and permission of com- plaining party, 585.
JAMAICA. Penalties for marrying con-
trary to certain provisions, 59. banns of marriage how to be published, id. republication of banns after six months, id.
registers directed to be kept, 60.
extracts from to be evidence,
may be solemnized by dissenting min- isters, 59.
provision for establishing certain mar-
riages de facto, and for legitimating the children of such marriages, id. law of divorce in, 368.
JEWS have their own laws as to reli- gious ceremonies, 67. laws of, how proved, id.
marriages of, decided according to their own law, 68.
mode of contracting marriage between, 69.
marriage of, tried by reference from court of chancery, 70.
marriage by, in Christian form, 72. may obtain redress in ecclesiastical courts for violation of matrimonial duties, id. doubtful, whether marriages of Jews be within the recent statute as to prohibited degrees, 156, n. marriage of, how to be proved, 73. divorce of, in foreign country, how to be proved, 150. 477.
JURISDICTION, a party denying, not allowed to appeal from a step in principal causes, 555.
of ecclesiastical court depends upon locality of persons cited, 486.
LEGITIMACY, birth during marriage, presumptive evidence of, 706. 709.
rebutted by evidence of father's natural infirmity, 706.
child born after a divorce a mensa et thoro, when presumed to be illegiti-| mate, 707.
of children born shortly after marriage, id.
may be rebutted by proof of husband's non-access, id.
— of husband's absence during whole period of gestation, 703. nature of evidence required to over- turn presumption in favour of, 709.
by husband's non access during whole period of gestation, 710. meaning of access, 711.
access not presumed from parties liv- ing within distance of each other, id. access not presumed where wife is
living separate in adultery, 712. presumption of sexual intercourse be- tween husband and wife how rebut- ted, 714-717.
all circumstances of case to be consi- dered for the purpose of deciding whether husband had sexual inter- course, 720-722.
non access cannot be proved by hus-
declarations of husband or wife not re- ceivable to bastardize their children, 724.
declarations of family when admissible, in proof of, 725, 726.
period of gestation, 726-729.
LEVITICAL DEGREES AND LAW. founded on law of nature, 158. extends to collaterals in third degree, 159, 160.
recognized by English statutes, 162— 166. 171. n.
what specified in, 166, 167.
reference to several authors on the construction of, id.-See Affinity; CONSANGUINITY; WIFE'S SISTER. LEX LOCI, parties become liable to, by residence, 73.
governs in deciding on personal con- tracts, 120.
- exception where parties contract- ed with a view to a different country, id.
adopted as to so much of the law as
affects the rights and merit of the contract, 122.
contracts of marriage decided with re- ference to, 123.
marriages according to, good every where, 125.
not adopted in opposition to the reli- gion, morality, or municipal institu- tions of the country in which it is sought to be applied, 127.
not applied when contracting parties under legal incapacity by law of domicile, 128.
not adopted as an evasion of law of country to which parties belong, 128.
to what extent adopted by France as to marriages, 129.
marriages contrary to, when void here, 132.
when marriages abroad, are valid, though not celebrated according to, 140.
in case of English subjects in fac- tories abroad, 145.
to what extent admitted by the law of Scotland, 742, 743.
argument in favour of application of, in case of divorce of English parties in Scotland, 744.
See DOMICILE; FACTORIES; FOREIGN MARRIAGES; FOREIGN LAW; FRANCE; SCOTLAND.
of child born after death of first hus- LIBEL.-See PLEADING. band and second marriage of wife, 729.
of children born beyond ordinary period of gestation, 730-733.
of children by subsequent marriage of parents according to law of Scot- land, 783-799. See BASTARD; SCOTLAND.
LIS PENDENS, when it commences, 180.
what, 181, 182, notes.
LITURGY, directed to be used by acts of uniformity, 29.
revised by houses of convocation, 30.
LORDS (HOUSE OF,) standing orders of, as to bills of divorce, 377, 378. divorce bills originate in, 379. mode of proceeding on bills of divorce in, id.
LUNATICS cannot contract marrriage, 183, 184.
incapacity to understand nature of con- tract and to take care of person and property, 184.
weakness of mind circumvented by fraud, 185.
marriage not affected by subsequent insanity, 190.
marriage of, when so found by inquisi- tion, void, 191.
in such case sentence of ecclesiastical court not requisite, 191.
court of chancery will direct inquiries, as to marriages of, 192.
during lucid interval when valid, 196. nature and evidence of insanity, 193. on recovering senses may institute suit to avoid marriage, 200. committees of, may institute suits as to marriage of, id.
suit by father of, to annul son's mar- riage, id.
committee of, may institute suits for adultery against wife of, 396.
without having obtained any au- thority from lord chancellor, 397. See INSANITY.
MAINTENANCE for wife living apart from husband under separation deed will be enforced, 633.
has been enforced though deed con- tained no covenant to indemnify hus- band, 635.
separate, of wife, when liable in equity
to her debts, 660. 665.
out of wife's funds in court, not decreed when she lives in adultery 421. of infants, 695-700.-See CHANCE- RY (COURT OF); INFANTS; WIFE.
MAN, ISLE OF, marriages in, how regulated, 62.
MARRIAGE, definition of, 1, 2. characteristics of contract of, 3. public use of, 3, n., 11. liberty of, a natural right, 4. how considered, 13.
considered a sacrament by Roman Catholics, 15.
recognised as civil contract, 16.
regular and irregular, what, 27. without religious ceremony before mar- riage act, 31. 36.
whether constituted per verba de præ-
senti, before first marriage act, id. in a private house was valid before first marriage act, 30.
by a popish priest was formerly valid,
whether civil rights were conferred by
marriage, unaccompanied by cele- bration in face of church, 35, 36. 38. on elopement to Scotland valid, 107.
made void by statutes, in what cases, 480, 481.
distinction between void and voidable marriages, 482.
voidable marriages, what, 483.
continue until dissolved by sen- tence, 484.
I will not be avoided after death of either of parties, id.
MILTON, reference to his work on the doctrine and discipline of divorce, 372.
MORGANATIC MARRIAGE, what, 9.
NECESSARIES, husband when liable to provide wife with, 639–650. what are, 652.-See HUSBAND.
EXEAT REGNO (WRIT OF), will be granted against husband af- ter decree for alimony, 600. not granted pending an appeal against alimony, id.
NEW BRUNSWICK, provisions as to the celebration of marriages in, 55. power to grant divorces in, 368. NEWFOUNDLAND, marriages after
the 1st January, 1818, to be celebra- ted by persons in holy orders, 48. governor of, empowered to grant licen- ces of marriage, 49.
marriages in, to be celebrated by per- son in orders or by minister, 50. penalty for marrying minors without publication of banns, 50. marriages in, to be registered, id. by magistrates, when authorized,
peculiarities of marriage contract, id. NOVA SCOTIA, marriages before lay-
NOVA SCOTIA, (continued.) governor of, authorized to appoint per- sons to solemnize marriages, 55. to grant licences to dissenting ministers, id.
power to grant divorces in, 368.
NULLITY OF MARRIAGE, because within prohibited degrees, 179. suit for, may be promoted by either of parties, or strangers having a pecu- niary interest, id.
mode of proceeding in cases of incest, 182.
by reason of impotence, 208. whether man can sue for, by reason of own impotence, 208.
by reason of a former marriage, 230. abduction of ward of tender age by guardian, with force or fraud, a a ground of, 134.
in cases of, good circumspection to be used, 411, note.
question of, to be disposed of previous- ly to going into proof of adultery, 404.
in what cases suits may be brought for, 565.
by whom suit for, may be instituted, 566.
what in ecclesiastical courts, 506. what it must contain, id.
parties entitled to copy of, 507. how far limited by citation, id. 183.
must aver grounds of complaint. 507. what must be pleaded in it, id.
- in suits for restitution of conjugal rights, id. 576.
for nullity of marriage, id. by reason of incest, 182. documents annexed to, in supply of proof, id.
hand-writing of exhibits to be con- fessed or denied by proctor, id.
a law peculiar to a sect, 508. contents in instruments, unless destroy- ed or in hands of adversary, not pleadable in, 508.
contents of, to what extent taken as true on argument as to admissibility of, 509.
in suits for adultery, 398, 399.
on what grounds rejected, 400. discretion exercised as to what parts are unnecessary, 401. felony, how pleadable in, id. Contestatio litis. what, 510.
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