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PRINCE EDWARD'S ISLAND, certain
marriages in, confirmed, 57.

by whom marriages may be solemnized,
id.

penalty for marrying contrary to pro-
visions, id.

PRIVY COUNCIL (JUDICIAL COM-
MITTEE OF), may enforce decrees
of ecclesiastical courts, 498.
to exercise powers formerly belonging
to court of delegates, 545.
judicial committee, of whom to be com-
posed, id.

appeals to be referred to the judicial
committee, 546.

presence of four members necessary,
id.

evidence before, may be viva voce, or
upon written depositions, id.
may order examination of particular
witnesses, and remit causes for re-
hearing, 547.
witnesses before, to be examined on
oath, and liable to punishment for
perjury, id.

may direct an issue to try any fact,

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of evidence as court of chancery, id.
powers of certain statutes to examine
witnesses on interrogatories extend-
ed to, id.

costs of appeal to, in the discretion of
the court, 549.

decrees of, to be enrolled, id.

matters may be referred to the regis-
trar by, id.

registrar of, to be appointed by Crown,
id.
attendance of witnesses and production

of documents may be enforced by, id.
appeal to, within that time, 550.
registrar of high court of admiralty
to attend at hearing of appeals at,
id.

order in council, as to mode of conduct-
ing appeals to, 551, n.
surrogates appointed for, id.
course to be pursued in appeals to, 552.
cases to be printed, 553.
prohibition will lie to, id.

but not on matter of practice,
554.

mandamus to, refused for rehearing of
cause, 555.

PROCTOR, how appointed to appear for
party, 491.

proxy, when to be exhibited by, 492.
when liable to costs, id.

must admit or deny marriage in matri-
monial cause, id.

PROHIBITION, when granted to re-
strain ecclesiastical courts, 465.

as to the construction of acts of
parliament, id.

a point of practice not ground for, 466.
party cited must appear before applica-
tion for, id.

may be obtained on affidavits, 467.
declaration in, what to contain, id.
defence in cases of, id.

party succeeding in, to have costs, id.
will lie to judicial committee of privy
council, 553.

Q.

QUAKERS, as to validity of marriage of,
according to their own ceremonies,
63, 64.

marriages of, excepted in marriage
acts, 64.

may solemnize marriages as before ac-
customed, 65.

marriage of, in Ireland, 84.

QUEEN DOWAGER, marriage of, 39.|

R.

RECONCILIATION of husband and
wife after cruelty, effect of, 435.
avoids deeds of separation, 620.
See CONDONATION.

RECRIMINATION, what, 440.
bars right of divorce, id.

conduct of party relying on, must be
free from imputation, id.

cannot be pleaded in bar of criminal
suit, 441.

when it operates as bar to divorce, id.
proof of, may be less stringent than in
suit for adultery, id.

when plea of, available after condona-
tion, 442.

husband's adultery, subsequent to
wife's misconduct, may be pleaded,
443.

solicitation of chastity, 444.
REQUEST (LETTERS OF), exception
in bill of citations, 541, n.
judge obliged to receive, 541.
ordinarily lie in same course as appeal,
542.

form of, in suit of divorce, id. n.
RESCINDING CONCLUSION

OF

CAUSE, in what cases, and for what
purposes allowed, 402-404.

RESPONSIVE ALLEGATIONS, gene-
ral rule as to what may be pleaded
in, 515.

RESTITUTION

OF CONJUGAL
RIGHTS, when sued for, may be
brought, 574.

suit for, when matrimonial cohabitation
is suspended, id.

suit for, may be brought although mar-
riage not consummated, 575.

may assume form of nullity of
marriage, id.

what questions may be decided in suits
for, id.

mode of proceeding in suits for, 576.
what may be pleaded in bar of suit for,
577.

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sentence of the court in suits for, 582.
covenant of deed of separation not to

sue for, 625.

provision made for wife when not de-
termined by her suit for, 627.
ROMAN CATHOLIC PRIESTS, mar-
riages celebrated by, were valid 32,
33.

according to the Roman ritual,
34, 35.

authorized to celebrate marriages in
Scotland, 87.

places of worship of, may be registered
for solemnizing marriages, 342.
what building of, to be deemed sepa-
rate, 344.

ROYAL FAMILY, treason in respect of
marriages with, 38.

marriage of queen dowager, 39.
no descendant of George 2 (except
issue of princesses married into for-
eign families), capable of marrying
without consent of king in council,
39.

notice of marriage of, when and to
whom to be given, 40.

punishment for marrying any of, with-
out consent, id.

opposition to royal marriage act, id.
whether royal marriage act extends to
marriages abroad, id.

sentence of Ecclesiastical Court to be
obtained in case of marriage against
royal marriage act, 192.

guardianship of members of, 41, n. (i).
marriage of Duke of Sussex, 42.
RUBRIC, of binding authority, 29.
directions in, as to solemnization of
marriages, 30.

directions in, as to publication of banns,
235.
confirmed by act of parliament as part
of prayer-book and part of statute
law, Dawe v. Williams, 2 Addams,
138.

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516

SCOTLAND, (continued).

to what extent part of law of, id.
difference between the marriage law
of England and Scotland, 85.
regular and irregular marriages in,
id.

consent alone without ceremony will
constitute marriage in, 86.
what requisite in a regular marriage
in, id.

marriages may be celebrated in, by
ministers not of the established
church of, 87.

age of consent by the law of, id.
marriage in, annulled on account of
extreme youth practised on, 89.
incapacity to contract marriages in, on
ground of insanity, 89.

former subsisting marriage, id.
consanguinity and affinity, 90.
Irregular marriages in.

general principles as to the constitu-
tion and evidence of marriages in,
91.

by declaration of consent per verba de
præsenti, without subsequent copula
or cohabitation, 93.

promise of marriage followed with copu-
la, 97, 98.
marriage constituted by continued co-
habitation, and habit and repute, 99.
evidence in such a case, 100.
intention to contract marriage must be
clear, 101.

all circumstances and conduct of par-
ties to be considered, 102.
cases in which marriage was held not
to be constituted, 103-107.
marriages of English parties in, 107.
by law of, personal contracts construed'
according to lex loci contractus, 122.

742.

argument in favour of applying such
law in case of divorce, 744.

of law of parties' domicile in
cases of divorce, 747-753.
Law of divorce in.

differs from law of England, 734.
divorces a vinculo matrimonii for adul-

tery and wilful desertion, id.
what is wilful desertion, 735.
effect of divorce in, id.

cruelty a ground of separation a mensa

et thoro in, 736.

collusion guarded against in granting
divorces, 737.

Court of Session has jurisdiction as to
divorces in, 739.

action of divorce a personal ground of
complaint, id.

divorces for adultery granted whether

parties be foreigners or domiciled
subjects, 740.

divorces granted by law of, when both
parties Scotch, marriage in England,
domicile always in Scotland, 753.

when husband only a native of
Scotland, parties' residence in Eng-
land but Scotch domicile, 735.

without reference to parties' na-
tive country, their place of resi-
dence, or of marriage, 759.

when England both place of con-
tract and permanent domicile of par-
ties at date of action, 761.

when marriage in Scotland be-
tween Irish parties always having
real domicile in Ireland, 763.
jurisdiction of Scotch courts exercised

after residence of forty days in, 766.
when forum originis without residence
in Scotland has been held insuffi-
cient to found jurisdiction, 770.
decisions of English courts opposed to
those of Scotland, 772.

Law of legitimacy of children.
presumption in favour of legitimacy of
children born in wedlock, 781.
how rebutted, 782.

children may become legitimate by
subsequent marriage of parents, 783.
exceptions to the rule, 784.
legitimation by subsequent marriage
not applied to children of domiciled
subjects of a foreign country not ad-
mitting the principle, 786.

will be applied when father is
domiciled in Scotland, notwithstand-
ing birth of children, or marriage in
England, 788-796.

SENTENCES OF ECCLESIASTICAL
COURTS, in nullity of, or affirm-
ance of marriage, when conclusive
on questions of legitimacy, 470.
in a cause of jactitation evidence in
ejectment, id.

when conclusive as to marriages, 471.
not conclusive wher. in collateral mat-
ter, id.

not conclusive in criminal cases, 472.
be impeached for fraud, 473. 475.
may
in prosecution for bigamy, id.

not final, 474.

of divorce, effect of, parties may marry
after, 475.

for declaring marriage void will not be
pronounced after death of one of the
parties, 484.

SEPARATION (DEEDS OF), do not
bar suit for divorce by reason of
adultery, 417.

SEPARATION (DEEDS OF) (contin-
ued).

nor suit for restitution of conjugal
rights, 579.

may be used as evidence of cruelty
against husband, 581.

whether can be construed as license
for wife's adultery, 418.

do not bar action for criminal conver-
sation, 390.

established in courts of law, 608.
considered as against the policy of the
law, 609.

providing for future separation, invalid,
610-614.

future separation, with approbation of
trustees, sustained, 614.

consideration for execution of, when
unlawful, 617.

the effect of covenant by trustees to
indemnify husband against wife's
debts, 618.

against husband's creditors, 619.
against purchasers for valuable
consideration, 620.
without covenant to idemnify, held
void, 622.

sustained on ground of justifiable cause

of separation, 623.

effect of covenant not to sue for resti-
tution of conjugal rights in, 625.
husband's right of divorce not barred
by, id.

wife's provision by, when not deter-

mined by her suit for restitution of
conjugal rights, 627.

husband not allowed to defeat stipula-
tion in, 628.

deed granting an annuity valid, with-

out inrolment, id.
avoided by reconciliation, 629.

unless provision for wife's life, id.
630.
contracts for separation not enforced
by courts of equity, 631.
payment of maintenance secured by,

will be enforced in equity, 633.
when equity will enforce, 634.
wife's rights, when affected by, 637.
provision in, for depriving husband of
custody of his children not enforced,
680.

for allowing mother to have access to
her child, valid, 681.
husband's right to control wife may be
waived by, 669.

SEPARATION a mensa et thoro does

not destroy relation of marriage,
447. SEE ADULTERY; CRUELTY
DIVORCE.

SEPTEMBER, 1841.—2 T

SIGNIFICAVIT to issue from ecclesi-
astical court, when party cited dis-
obeys court, 494.
form of, 495, n. (x).

when parties out of jurisdiction in
either England or Ireland, 497.
suspension of, 499.

must appear to be for matter of eccle-
siastical cognizance, 502.

SODOMITICAL PRACTICES, cause of
divorce, 364, 365.

STATUTES CITED, 20 Hen. 3, c. 9
(Legitimation of children born before
marriage), 800, 801.

13 Edw. 1, (circumspecte agatis), 460.
c. 34 (Forfeiture of Dower by
Adultery), 420.

9 Edw. 2, (Articuli Cleri), 460.
1 Edw. 3, c. 16, (Writ of Supplicavit),

671.

23 Hen. 8, c. 9, (Bill of Citations), 486.
450, n., 541.

24 Hen. 8, c. 12, (Appeals), 537. 539.
25 Hen. 8, c. 19, s. 7, (Canon Law-
Appeals), 22, 23. 543.

28 Hen. 8, c. 22, (Prohibited degrees),
163.

28 Hen. 8, c. 7, s. 7, (Prohibited de-
grees), 163.

c. 18, (Marriages of King's chil-
dren), 38.

32 Hen. 8, c. 38, (Prohibited degrees),
164.

2 & 3 Edw. 6, (Precontracts of Mar-
riage), 165.

3 & 4 Edw. 6, c. 11, (Appointment of
Commissioners to revise Ecclesiasti-
cal Law), 23.

1 Eliz. c. 1, (Revival of Stat. 32 Hen.
8, c. 38), 164.

-

c. 2, (Act of Uniformity), 29.
21 Jac. 1, c. 8, (Surety of Peace), 671.
674.

— c. 16, (Limitation of Personal
Actions), 391.

c. 33, confirmed by 13 Car. 2, c.
11, (Marriages before Justices of
Peace made valid), 31, n.

13 Car. 2, c. 12, s. 4, (Oath ex officio),
514.

29 Car. 2, c. 7, (Service of Process),

490.

1 Wm. & Mary, c. 18, (Toleration
Act), 30.

6 & 7 Will. 3, c. 6, and 7 & 8 Will.
3, c. 35, (Imposing Duties upon Mar-
riages), 30. 62.

15 Geo. 2, c. 30, (Marriages of Luna-
tics so found by Inquisition), 191.

STATUTES CITED, (continued.)
12 Geo. 3, c. 11, (Royal Marriage Act),
39.

27 Geo. 3, c. 44, s. 8, (Limitation of

Suits in Ecclesiastical Courts), 387.
33 Geo. 3, c. 32, (Roman Catholics),
682.

48 Geo. 3, c. 123, (Lords' Act), 505.
53 Geo. 3, c. 127, (Process for Con-
tempt-Excommunication), 177. 494
-497. 502. 504.

56 Geo. 3, c. 100, (Habeas Corpus),
57 Geo. 3, c. 51, (Marriages in New-
foundland), 48.

58 Geo. 3, c. 84, (Marriages in India),

43.

59 Geo. 3, c. 35, (Actions in Scotland
for breach of Promise of Marriage,
&c.), 97.

4 Geo. 4, c. 67, (Marriage of British sub-
jects at St. Petersburg), 147.

c. 91, (Marriages abroad in Am-
bassador's Chapels, &c.), 76.
5 Geo. 4, c. 68, (Marriages in New-
foundland), 48.

6 Geo. 4, c. 120, (Scotch Judicature
Act), 120.

7 Geo. 4, c. 64, s. 12, (Trial of offence
in another county), 219.

9 Geo. 4, c. 32, (Affirmation), 673.

c. 76, ss. 57. 71, (Maintenance of
Children), 655, 656.

6 & 7 Will. 4, c. 77, (Ecclesiastical
Commissioners), 538, n.

7 Will. 4, & 1 Vict. c. 110, (Insolvent
Debtors), 505.

2 & 3 Vict. c. 54, (Access to and Cus-
tody of Infants), 701, 702.

3 & 4 Vict. c. 90, (Education of In-
fant Felons), 704, 705.

STATUTES REPEALED, CITED,
1 Jac. 1, c. 11, (Bigamy), 224. 226,
227. 775, n. 473.

SUPPLEMENTAL ALLEGATIONS,
when admissible, 516-518.
SUPPLICAVIT (WRIT OF, may be
obtained by wife against husband,
671.

must be grounded on articles, id.
must be obtained on motion in open
court, id.

affidavit before granting, 672.

may be obtained on an affirmation,
673.

amount of security required in, id.
discharge of party for want of sureties
upon, 674.

c. 31, s. 19, 20, (Forcible Abduc- SUSSEX (DUKE OF), marriage of, 42.
tion), 217. 220.

s. 22, (Punishment of Bigamy),
nance 224. 473.

11 Geo. 4, & 1 Will. 4, c. 65, s. 32, (Or-
ders of Courts of Equity for Mainte-
of Infants, 695.

T.

TERM (PROBATORY), what it is, 511,

n.

may be extended, id.

c. 69, (Transfer of Jurisdic-TRENT (COUNCIL OF), decrees of,

tion in Matrimonial Causes in Scot-
land), 117.

1 Will. 4, c. 2, (Marriage of the Queen
under eighteen), 38.

c. 3, (Return of Writs), 504.
c. 27, (Prohibition), 467.

2 Will. 4, c. 31, (Marriages in Nova
Scotia), 55.

2 & 3 Will. 4, c. 78, (Marriages in
Newfoundland), 49.

c. 92, (Court of Delegate), 545.
3 & 4 Will. 4, c. 27, (Real Actions),
462.

c. 41, (Judicial Committee of
Privy Council), 497, 545-550.

c. 45, (Marriage of British sub-

jects at Hamburgh), 147.

c. 74, (Abolition of Fines, &c.),
479.

cc. 49. 82, (Affirmation), 673.
4 & 5 Will. 4, c. 28, (Celebration of

respecting marriage, 17, 18.

not received in England and
Scotland, 18.

decrees of, respecting divorce, 375.
TRINIDAD, divorce a mensa et thoro
granted in, 369.

V.

VERDICT, in action for criminal con-
versation usually pleaded in suits
for adultery, 412.

415.

not evidence against the woman,

what weight is attached to, 415.

W.

WARD, not allowed to be taken abroad,
689.

Marriages in Scotland by Roman WIDOW cannot marry the brother of

Catholic Priests), 87.

her former husband, 172.

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