PRINCE EDWARD'S ISLAND, certain by whom marriages may be solemnized, penalty for marrying contrary to pro- PRIVY COUNCIL (JUDICIAL COM- appeals to be referred to the judicial presence of four members necessary, evidence before, may be viva voce, or may direct an issue to try any fact, of evidence as court of chancery, id. costs of appeal to, in the discretion of decrees of, to be enrolled, id. matters may be referred to the regis- registrar of, to be appointed by Crown, of documents may be enforced by, id. order in council, as to mode of conduct- but not on matter of practice, mandamus to, refused for rehearing of PROCTOR, how appointed to appear for proxy, when to be exhibited by, 492. must admit or deny marriage in matri- PROHIBITION, when granted to re- as to the construction of acts of a point of practice not ground for, 466. may be obtained on affidavits, 467. party succeeding in, to have costs, id. Q. QUAKERS, as to validity of marriage of, marriages of, excepted in marriage may solemnize marriages as before ac- marriage of, in Ireland, 84. QUEEN DOWAGER, marriage of, 39.| R. RECONCILIATION of husband and RECRIMINATION, what, 440. conduct of party relying on, must be cannot be pleaded in bar of criminal when it operates as bar to divorce, id. when plea of, available after condona- husband's adultery, subsequent to solicitation of chastity, 444. form of, in suit of divorce, id. n. OF CAUSE, in what cases, and for what RESPONSIVE ALLEGATIONS, gene- RESTITUTION OF CONJUGAL suit for, when matrimonial cohabitation suit for, may be brought although mar- may assume form of nullity of what questions may be decided in suits mode of proceeding in suits for, 576. sentence of the court in suits for, 582. sue for, 625. provision made for wife when not de- according to the Roman ritual, authorized to celebrate marriages in places of worship of, may be registered ROYAL FAMILY, treason in respect of marriage of queen dowager, 39. notice of marriage of, when and to punishment for marrying any of, with- opposition to royal marriage act, id. sentence of Ecclesiastical Court to be guardianship of members of, 41, n. (i). directions in, as to publication of banns, 516 SCOTLAND, (continued). to what extent part of law of, id. consent alone without ceremony will marriages may be celebrated in, by age of consent by the law of, id. former subsisting marriage, id. general principles as to the constitu- by declaration of consent per verba de promise of marriage followed with copu- all circumstances and conduct of par- 742. argument in favour of applying such of law of parties' domicile in differs from law of England, 734. tery and wilful desertion, id. cruelty a ground of separation a mensa et thoro in, 736. collusion guarded against in granting Court of Session has jurisdiction as to action of divorce a personal ground of divorces for adultery granted whether parties be foreigners or domiciled divorces granted by law of, when both when husband only a native of without reference to parties' na- when England both place of con- when marriage in Scotland be- after residence of forty days in, 766. Law of legitimacy of children. children may become legitimate by will be applied when father is SENTENCES OF ECCLESIASTICAL when conclusive as to marriages, 471. not conclusive in criminal cases, 472. not final, 474. of divorce, effect of, parties may marry for declaring marriage void will not be SEPARATION (DEEDS OF), do not SEPARATION (DEEDS OF) (contin- nor suit for restitution of conjugal may be used as evidence of cruelty whether can be construed as license do not bar action for criminal conver- established in courts of law, 608. providing for future separation, invalid, future separation, with approbation of consideration for execution of, when the effect of covenant by trustees to against husband's creditors, 619. sustained on ground of justifiable cause of separation, 623. effect of covenant not to sue for resti- wife's provision by, when not deter- mined by her suit for restitution of husband not allowed to defeat stipula- deed granting an annuity valid, with- out inrolment, id. unless provision for wife's life, id. will be enforced in equity, 633. for allowing mother to have access to SEPARATION a mensa et thoro does not destroy relation of marriage, SEPTEMBER, 1841.—2 T SIGNIFICAVIT to issue from ecclesi- when parties out of jurisdiction in must appear to be for matter of eccle- SODOMITICAL PRACTICES, cause of STATUTES CITED, 20 Hen. 3, c. 9 13 Edw. 1, (circumspecte agatis), 460. 9 Edw. 2, (Articuli Cleri), 460. 671. 23 Hen. 8, c. 9, (Bill of Citations), 486. 24 Hen. 8, c. 12, (Appeals), 537. 539. 28 Hen. 8, c. 22, (Prohibited degrees), 28 Hen. 8, c. 7, s. 7, (Prohibited de- c. 18, (Marriages of King's chil- 32 Hen. 8, c. 38, (Prohibited degrees), 2 & 3 Edw. 6, (Precontracts of Mar- 3 & 4 Edw. 6, c. 11, (Appointment of 1 Eliz. c. 1, (Revival of Stat. 32 Hen. - c. 2, (Act of Uniformity), 29. — c. 16, (Limitation of Personal c. 33, confirmed by 13 Car. 2, c. 13 Car. 2, c. 12, s. 4, (Oath ex officio), 29 Car. 2, c. 7, (Service of Process), 490. 1 Wm. & Mary, c. 18, (Toleration 6 & 7 Will. 3, c. 6, and 7 & 8 Will. 15 Geo. 2, c. 30, (Marriages of Luna- STATUTES CITED, (continued.) 27 Geo. 3, c. 44, s. 8, (Limitation of Suits in Ecclesiastical Courts), 387. 48 Geo. 3, c. 123, (Lords' Act), 505. 56 Geo. 3, c. 100, (Habeas Corpus), 58 Geo. 3, c. 84, (Marriages in India), 43. 59 Geo. 3, c. 35, (Actions in Scotland 4 Geo. 4, c. 67, (Marriage of British sub- c. 91, (Marriages abroad in Am- 6 Geo. 4, c. 120, (Scotch Judicature 7 Geo. 4, c. 64, s. 12, (Trial of offence 9 Geo. 4, c. 32, (Affirmation), 673. c. 76, ss. 57. 71, (Maintenance of 6 & 7 Will. 4, c. 77, (Ecclesiastical 7 Will. 4, & 1 Vict. c. 110, (Insolvent 2 & 3 Vict. c. 54, (Access to and Cus- 3 & 4 Vict. c. 90, (Education of In- STATUTES REPEALED, CITED, SUPPLEMENTAL ALLEGATIONS, must be grounded on articles, id. affidavit before granting, 672. may be obtained on an affirmation, amount of security required in, id. c. 31, s. 19, 20, (Forcible Abduc- SUSSEX (DUKE OF), marriage of, 42. s. 22, (Punishment of Bigamy), 11 Geo. 4, & 1 Will. 4, c. 65, s. 32, (Or- 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- 1 Will. 4, c. 2, (Marriage of the Queen c. 3, (Return of Writs), 504. 2 Will. 4, c. 31, (Marriages in Nova 2 & 3 Will. 4, c. 78, (Marriages in c. 92, (Court of Delegate), 545. c. 41, (Judicial Committee of c. 45, (Marriage of British sub- jects at Hamburgh), 147. c. 74, (Abolition of Fines, &c.), cc. 49. 82, (Affirmation), 673. respecting marriage, 17, 18. not received in England and decrees of, respecting divorce, 375. V. VERDICT, in action for criminal con- 415. not evidence against the woman, what weight is attached to, 415. W. WARD, not allowed to be taken abroad, Marriages in Scotland by Roman WIDOW cannot marry the brother of Catholic Priests), 87. her former husband, 172. |