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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