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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
Jewish Divorce
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
PAGE.
476
477
id.
480
482
483
IV. Of the Mode of Proceeding in the Ecclesiastical Courts, 485.
Jurisdiction of the Ecclesiastical Courts
485
Mode of enforcing Process
Sentence of Contempt
488
491
492
493
494
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
Return of Writ
Residence of Party
Nature of Commitment
497
498
499
501
502
504
Form of the Pleadings
505
Of the Libel
506
Exhibits in Supply of Proof
508
Pleading Contents of an Instrument
Objections to the Admissibility of Pleadings
509
Contestatio Litis
510
Of Answers
511
Oath ex officio prohibited
514
Allegation responsive
515
Allegation in Rejoinder
Supplemental Allegations
516
Pleading in Forma Pauperis .
518
Mode of taking Evidence
520
Cross-examination of Witnesses
524
Answer of Witness
525
Examination de bene esse
526
Re-examination
Excepting to the Credit of Witnesses
527
Examination of Witnesses in India on parliamentary Divorces
529
Hearing of the Cause
530
Judgment
Execution
Taxation of Costs
531
Payment of Costs how enforced
532
Costs between Husband and Wife in Matrimonial Suits
533
Costs where Wife has separate Estate
534
Security for Costs
535
Appeal in respect of Costs
Of Appeals
536
CONTENTS.
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-
gates
Judicial Committee of whom composed
537
538
540
541
543
545
546
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
548
549
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
550
id
552
Prohibition to the Judicial Committee
553
554
555
556
557
558
559
562
Attentats
Of the Effect of an Appeal
What new Facts are admissible on Appeal
563
VI. Of Suits for Restitution of Conjugal Rights, 574.
Object of Suit
When the Court will interfere
What Questions are involved in these Suits
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
CHAPTER VI.
584
586
587
589
590
591
592
594
595
596
598
600
601
602
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
608
610
614
616
Covenant to indemnify the Husband against Wife's debts
Justifiable cause for Separation
618
623
Effect of covenant not to sue for Restitution of conjugal rights
625
Husband's covenant not avoided by suit for Restitution of conju-
gal rights, nor Wife's Adultery
627
Husband not allowed to defeat Stipulation in Deed of Separation
Deed granting an Annuity on Separation does not require
enrolment.
628
629
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-
conduct
633
635
637
639
640
642
646
Husband's Liability where the Wife has eloped or been guilty of
Adultery.
647
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
Property
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
649
650
654
657
659
660
667
669
671
673
674
675
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
677
678
680
681
682
683
684
685
688
689
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
691
pecuniary Interest of the Child.
692
Courts of Equity authorised to order Maintenance of Infants
When Maintenance for Infants will be ordered without suit
Guardian appointed without a Reference
695
696
Order for Maintenance without a Reference
Maintenance allowed out of principal, and before property had
vested
697
As to the Father's ability to maintain his Children
700
Courts of Equity authorised to make orders as to the Mother's
Education of Infant Felons entrusted to the Court of Chancery
704
VII. Of the Legitimacy of Children born during a Separation, 706.
Marriage, proof of Paternity.
706
Impotence
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
CHAPTER VII.
707
723
726
OF THE CONFLICT BETWEEN THE LAWS OF ENGLAND AND SCOTLAND WITH REGARD
TO DIVORCE AND LEGITIMACY.
Both Parties Scotch, Marriage in England, Domicile always in
Scotland
753
Husband only a native of Scotland, Residence in England, but
Scotch Domicile
755
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
759
761
763
With respect to the Residence necessary to give the Scotch Courts
Jurisdiction
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
of Scotland
766
770
772
774
777
781
Cases in which Legitimation by subsequent Marriage has been
denied
786
A Domicile of the Father in Scotland renders the Children legi-
timate by means of a Marriage elsewhere
788
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
800
804