A Practical Treatise of the Law of Marriage and Divorce: Containing Also the ... - Leonard Shelford - Google Kitaplar

Arama Görseller Haritalar Play YouTube Haberler Gmail Drive Daha fazlası »

Kitaplar

Sayfadaki görseller

II. Of the Effect of Sentences in Ecclesiastical Courts-continued.

Marriage after parliamentary divorce

Woman divorced not liable to be sued as a Feme Sole

Rights of Property how affected by Divorce

III. Of void and voidable Marriages, 479.

Marriages void by Statutes

Distinction between void and voidable Marriages .

Voidable Marriages

IV. Of the Mode of Proceeding in the Ecclesiastical Courts, 485.

Jurisdiction of the Ecclesiastical Courts

Mode of enforcing Process

Sentence of Contempt

Process against Persons privileged, or out of the Jurisdiction

Personal Service

Imprisonment for Contempt not in the Discretion of the Ecclesias-

What judges must certify

The Significavit must appear to be for matter of Ecclesiastical

Residence of Party

Nature of Commitment

Form of the Pleadings

Exhibits in Supply of Proof

Pleading Contents of an Instrument

Objections to the Admissibility of Pleadings

Contestatio Litis

Oath ex officio prohibited

Allegation responsive

Allegation in Rejoinder

Supplemental Allegations

Pleading in Forma Pauperis .

Mode of taking Evidence

Cross-examination of Witnesses

Answer of Witness

Examination de bene esse

Excepting to the Credit of Witnesses

Examination of Witnesses in India on parliamentary Divorces

Hearing of the Cause

Taxation of Costs

Payment of Costs how enforced

Costs between Husband and Wife in Matrimonial Suits

Costs where Wife has separate Estate

Security for Costs

Appeal in respect of Costs

id.

IV. Of the Mode of Proceeding in the Ecclesiastical Courts-continued.

Order of Appeal

Different kinds of Peculiars

Court of Arches

Letters of Request

Court of Delegates

Judicial Committee of Privy Council substituted for Court of Dele-

Judicial Committee of whom composed

All Appeals to be referred to the Committee.

Matter to be heard in Presence of Four Members of the Committee

Evidence may be taken Viva Voce or upon written Depositions

Power to order particular Witnesses to be examined, and to remit

Causes for Re-hearing

Witnesses to be examined on Oath, and to be liable to Punish-

ment for Perjury

Power of the Committee as to Trials, Admission of Evidence, &c.

Costs to be in discretion of the Committee

Decrees to be enrolled

Time of Appealing.

Committee may refer Matters to Registrar in same manner as

Matters are by Court of Chancery referred to a Master

The Crown may appoint Registrar

Attendance of Witnesses and Production of Papers, &c.

Attendance of Registrar

Mode of Appealing to Judicial Committee

Prohibition to the Judicial Committee

[blocks in formation]

Of the Effect of an Appeal

What new Facts are admissible on Appeal

[blocks in formation]

VI. Of Suits for Restitution of Conjugal Rights, 574.

When the Court will interfere

What Questions are involved in these Suits

[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small]

VII. Of Jactitation of Marriage-continued.

Defences to Charge of Jactitation

VIII. Of Alimony, 586.

1. Of Alimony pending Suit

Who entitled to

Allegation of Faculties

Right to Alimony when not affected

Amount of Alimony pending Suit

Commencement of Alimony

Reduction of Alimony.

2. Of permanent Alimony

Principles of allotting permanent Alimony.

When to commence

Enforcement of Payment of Alimony

3. Of the Jurisdiction of the Court of Chancery as to Alimony

Court of Chancery has no Jurisdiction to decree Alimony

Writ of ne exeat regno

Arrears of Alimony not recoverable in Equity

Alimony not chargeable as separate Estate

Equity will provide for Wife out of her own Property

id.

605

OF VOLUNTARY SEPARATION BETWEEN HUSBAND AND WIFE AND MATTERS

INCIDENT THERETO.

I. Of Deeds of Separation, 608.

Validity of Deeds of Separation established

Deeds providing for future Separation are void

Future Separation with Approbation of trustees

Consideration for Execution of Deed of Separation

Covenant to indemnify the Husband against Wife's debts

Justifiable cause for Separation

Effect of covenant not to sue for Restitution of conjugal rights

Husband's covenant not avoided by suit for Restitution of conju-

gal rights, nor Wife's Adultery

Husband not allowed to defeat Stipulation in Deed of Separation

Deed granting an Annuity on Separation does not require

Deeds of Separation avoided by Reconciliation

II. Of the Jurisdiction of Courts of Equity in enforcing Agreement for

Separation between Husband and Wife, 631.

Equity will enforce payment of separate maintenance for Wife

Agreement with Trustee with no covenant to indemnify

Wife's Rights when affected by Deeds of Separation

III. Of the Husband's Liability to Debts contracted by the Wife, 639.

In respect of contracts made by the Wife before Coverture

In respect of contracts made by the Wife during Cohabitation

Husband's liability after Separation by mutual Consent

Liability for contracts after Separation through Husband's Mis-

Husband's Liability where the Wife has eloped or been guilty of

III. Of Husband's Liability to Debts contracted by Wife continued.

Husband's Liability after a Decree of Alimony

When the Wife has funds of her own

What are Necessaries

In respect of children of the Wife by a former Husband

IV. Of the Liability of the Wife's separate Maintenance to Debts con-

tracted by her, 657.

Married woman not liable to be sued at Law in respect of separate

When Married Woman will be considered as Feme Sole

Actions by Wife in Husband's Name

Sepatate Estate liable in Equity to Wife's Debts

V. Of the Wife's Remedies against the Husband when Molested by him

during Separation, 667.

Husband's Authority over his wife

Husband's Right to control Wife waived by articles of Separation

Writ of Supplicavit

Amount of Security required

Discharge of Party.

Surety of Peace

PAGE

id.

The Father entitled to the exclusive Custody of his Children

Provision in Deeds of Separation

Proceeding where the Child had been taken Abroad against the

Father's Consent

Jurisdiction of the Court of Chancery in controlling the Father's

When Infant Wards will be allowed to be taken Abroad

Religious Tenets, when a ground of interference

Testamentary Guardians

Jurisdiction to control the parental authority on the ground of the

pecuniary Interest of the Child.

Courts of Equity authorised to order Maintenance of Infants

When Maintenance for Infants will be ordered without suit

Guardian appointed without a Reference

Order for Maintenance without a Reference

Maintenance allowed out of principal, and before property had

As to the Father's ability to maintain his Children

Courts of Equity authorised to make orders as to the Mother's

Education of Infant Felons entrusted to the Court of Chancery

VII. Of the Legitimacy of Children born during a Separation, 706.

Marriage, proof of Paternity.

JULY, 1841.-B

Obedience to a Sentence of Divorce is presumed

Antenuptial generation

Illegitimacy of Children born in Wedlock may be established by

Evidence of Husband's Non-access

Evidence of Husband or Wife as to Access not admissible

Period of utero Gestation

OF THE CONFLICT BETWEEN THE LAWS OF ENGLAND AND SCOTLAND WITH REGARD

TO DIVORCE AND LEGITIMACY.

[blocks in formation]

Both Parties Scotch, Marriage in England, Domicile always in

Husband only a native of Scotland, Residence in England, but

Scotch Domicile

Scotch Courts have jurisdiction without reference to the parties'

native country, their place of residence or of Marriage

When England is both the place of the Contract and the perma-

nent Domicile of the parties at the date of the action

Marriage in Scotland between Irish parties always having their

real Domicile in Ireland

With respect to the Residence necessary to give the Scotch Courts

Cases where the forum originis was held insufficient to found

Decisions in English Courts opposed to those in Scotland'

Lolley's case, with subsequent Observations of Judges thereon

Subsequent Cases recognising the Doctrine in Lolley's Case

II. Of Legitimacy, 781.

Presumption in favour of the Legitimacy of Children by the law

777

Cases in which Legitimation by subsequent Marriage has been

A Domicile of the Father in Scotland renders the Children legi-

timate by means of a Marriage elsewhere

A person legitimated in Scotland, by the subsequent Marriage of

his Parents cannot inherit Lands in England

Right of personal Succession governed by Law of Domicile

804

« Önceki Devam »