trict registries. Judge to cause calendars to be made from time to time of probates and administrations in the principal registry, and in the district registries, and such calendars to be printed.

IV. COURT OF DIVORCE.

In 1857, by 20 & 21 V. c. 85, subsequently amended by 21 & 22 V. c. 108, 22 & 23 V. c. 61, 23 & 24 V. c. 144 (which last act was at first of limited duration, but has now by 25 & 26 V. c. 81, been made perpetual), and 31 & 32 V. c. 77, a new court was created with jurisdiction superseding that of the ecclesiastical courts..

This court is entitled the "Court for Divorce and Matrimonial Causes," and is to be held (when full) before the lord chancellor, the judges of the superior courts at Westminster, and the judge of the Probate court, who is judge in ordinary, and may exercise the whole authority of the court, and alone, or with one or more of the judges of the Divorce court, determine all matters arising, except petitions for dissolving marriage, applications for new trials of issue before a jury, bills of exceptions, and special cases. Petitions for a dissolution of marriage and applications for new trials must be determined by three or more of the judges, of whom the judge of Probate court is one. In the absence of the judge ordinary, the lord chancellor to appoint temporary substitute. Advocates and proctors of the ecclesiastical courts, and barristers, solicitors, and attorneys of the superior courts, entitled to practise with the same precedence as they have in the Judicial Committee of Privy Council. The judge ordinary may direct any matter to be heard by a full court, and he may also elect to sit in chambers, if more advantageous to suitors, and he may exercise the same power and jurisdiction as in open court.

Either party to a suit, if dissatisfied with the decision of the judge sitting alone, may, within fourteen days after, appeal to a fuil court. Sittings of the full court are hold n during the seventh and five following days of sitting in each term, and on such other days as the judges think proper.

Either party dissatisfied with the decision of a full court on any petition for the dissolution or nullity of marriage may, within one calendar month, appeal to the House of Lords, if sitting, or, i not sitting, within fourteen days after its meeting. On hearing the appeal, the lords may either dismiss it, or reverse the decree, or remit the case to the court, to be dealt with as the lords direct.

Before this court was established, the wife had no redress in cas of adultery by the husband unless accompanied by aggravating circumstances, but now the wife is placed on nearly the same foot ing of legal equality as the husband; but adultery on the part of the husband is not (unless accompanied by some other circumstances

such as incest, cruelty, or desertion) sufficient to enable the wife to obtain a divorce.

All authority in respect of suits for divorce, separation, nullity of marriage, restitution of conjugal rights, and other matrimonial Eatters, except marriage licences, are vested in this court. A sentence of "Judicial Separation" has the effect of a divorce à mensâ et thoro, and may be obtained either by the husband or wife, on the ground of adultery, cruelty, or desertion without cause for two years and upwards. Upon any one of these grounds, application may be made for restitution of conjugal rights or judicial separaton by petition to the court, and the court, being satisfied of the truth of the allegations of the petition, and no legal ground existing why the same should not be granted, may decree a restitution of conjugal rights, or a judicial separation; and, if the application e by the wife, may make any order for alimony which shall be deemed just. A wife deserted by her husband may, at any time after desertion, if resident within the metropolitan district, apply to a police magistrate, or, if resident in the country, to justices in petty sessions, or, in either case, to the court, for an order to proteet any money or property she may procure by her own lawful industry, and property of which she may become possessed after sach desertion, against her husband, or his creditors, or any person laming under him. The magistrate, justices. or court, if satisfied of the fact of such desertion, and that it was without reasonable cause, and that the wife is maintaining herself by her own industry or property, may give to the wife an order protecting her earnings and property acquired from the commencement of such desertion, from her husband, and all creditors or persons claiming under the husband, and such earnings shall belong to the wife as if she were an unmarried woman.

Such protecting order, if made by a police justice or justices of session, must be entered within ten days with the registrar of the ecanty court in whose jurisdiction the wife is resident; and the husband, creditor, or person claiming under him, may apply to the court or the magistrate, or justices, for the discharge of the order. If the husband, creditor, or person claiming, seize or continue to hid any property of the wife after notice of protecting order, he is liable to be sued by the wife to restore the specific property, and also a sum double its value. During the continuance of the protecting order, the wife is deemed to have been, while deserted, in all respects, with regard to property and contracts, suing and being ted, as she would be under the act if she had obtained a decree of jodicial separation.

Every wife deserted by her husband resident anywhere in England, may apply to the judge ordinary for an order to protect any property acquired by her after separation as executrix or trustee. Order of protection is valid in respect of any person or corporation who shall deal with the wife. Order obtained by wife

for protection of earnings or property is to state time when desertion commenced.

Except in proceedings to dissolve a marriage, the court is to act on the principles and rules of the ecclesiastical courts, subject to the provisions of the acts and rules. A decree of separation obtained during the absence of husband or wife may be reversed, on the ground that there was reasonable cause for desertion; but such reversal is not to prejudice the rights of third parties in respect of the debts or contracts of the wife between sentence of separation and reversal. Where alimony has been decreed, the court may direct payment of it either to the wife or her trustee. In case of judicial separation the wife is to be considered a feme sole with respect to all property she may acquire; and if she die intestate the same must go as if the husband was dead. If the wife again cohabit with her husband, all the property she may be entitled to at the time of cohabitation is to be held to her separate use, subject, however, to any agreement in writing made between herself and husband whilst separate. If the alimony, payable by the husband during judicial separation, is not duly paid by him, he is liable for necessaries supplied for her use. Nothing is to prevent, during separation, the wife joining the husband in the exercise of any joint power given to them.

Any husband may present a petition to the court, praying that his marriage may be dissolved on the ground that his wife, since the celebration of it, has been guilty of adultery, or the wife may present a petition to the court, praying that her marriage may be dissolved on the ground that, since the celebration of it, the husband has been guilty of incestuous adultery, or of bigamy with adultery, or of sodomy, bestiality, or of adultery coupled with such cruelty as, without adultery, would have entitled her to a divorce à mensa et thoro, or of adultery coupled with desertion, without reasonable excuse, for two years and upwards. Such petition, either by husband or wife, must state as distinctly as the nature of the case permits, the facts upon which the claim to have the marriage dissolved is founded. Incestuous adultery the act explains to mean adultery committed by the husband with a womar with whom, if the wife were dead, he could not lawfully contract marriage, by reason of her being within the prohibited degrees o consanguinity or affinity; and bigamy is taken to mean the mar riage of any person being married to another during the life o the former husband or wife, whether the second marriage shal have taken place within the dominions of her Majesty or else where.

Upon the petition of the husband, the adulterer is to be made: co-respondent to the petition, unless on special grounds to b allowed by the court; and on the petition of the wife, if the cour think fit, the person with whom the husband is alleged to hav committed adultery is to be a co-respondent. The petitionin

parties, or either of them, may insist on having the contested facts tried by a jury. Upon the petition the court to be satisfied, so far as reasonable, not only as to the facts alleged, but also whether or no the petitioner has been in any manner accessory to or conniving at the adultery, or has condoned the same; it shall further inquire into any counter charges which may be made against the petitioner. In any of these cases the petition will be dismissed, or if presented or prosecuted in collusion with either of the respondents. If satisfied, the court is to pronounce a decree nisi for dissolving the marriage, such decree not to be made absolute till after the expiration of not less than three months, during which any person is at liberty to show cause why the decree should not be made absolite by reason of collusion; but the court is not bound to decree a dissolution if it find the petitioner has during marriage been guilty of adultery, or of unreasonable delay in presenting or prosecuting the petition, or of cruelty towards the other party to the marriage, or of having deserted or wilfully separated from the other party prior to the adultery complained of, and without reas nable excuse, or of such wilful neglect and misconduct as conduced to the adultery. On the decree, the court to order the husband to secure to the wife either a gross sum of money or annual payment during her life, proportioned to her fortune, if any, and the husband's ability, a conveyancing counsel of the court preparing the deed.

Any husband, either in a petition for a dissolution of marriage or separation, or in a petition limited to the latter object only, may claim damages from any person, on the ground of his having committed adultery with his wife, and such petition be served on the alleged adulterer and the wife, unless the court dissent from such service, or direct the substitution of some other service. Claims for damages by the petition to be heard and tried on the same principle and manner as actions for criminal conversation used to be tried in courts of common law. Damages to be recovered to be ascertained by the verdict of a jury, though either or neither of the respondents may appear. After verdict the court is to direct in what manner damages shall be paid or applied, whether the whole or part shall be settled for the benefit of the children, if any, of the marriage, or as a provision for the maintenance of the wife.

When in any petition by a husband the alleged adulterer is made a co-respondent, and the adultery established, the court is to erder the adulterer to pay the whole or any part of the costs of the proceedings.

In any proceedings for obtaining a judicial separation or decree of nullity of marriage, and on any petition for dissolving a marriage, the court, before making its final decree, may make interim eriers with respect to the custody, maintenance, and education of the children, the marriage of whose parents is the subject of the

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proceeding, and may direct the children to be placed under the rotection of the court of Chancery.

In questions of fact, the court may direct the truth to be deter mined before itself, or before any one or more of the judges of the court, by the verdict of a special or common jury. Jury is to be summoned as in the common law courts; jurors are to have same qualifications, same duties and liabilities, as in the superior com. mon law courts, with like right of challenge in suitors. Questions to be tried by the jury are to be reduced to writing. Judge is to have same powers as at nisi prius. Bill of exceptions, special verdict, and special case allowed. Court may direct issues to be tried in any court of common law, either before a judge of assize in any county, or at the sittings in London or Middlesex, and either by a common or special jury, in like manner as is now done by court of Chancery.

An affidavit is to be filed in support of any petition for decree for nullity of marriage, judicial separation, dissolution of marriage, or in suit of jactitation of marriage. Affidavit also is to state that there is not any collusion or connivance between the deponent and the other party to the marriage.

On the hearing of any petition, the court may order the attendance of the petitioner, or examine him or her, or cross-examine, on oath; but the petitioner is not bound to answer any question tending to show that he or she has been guilty of adultery; but the husband and wife respectively are competent and compellable to give evidence relating to cruelty or desertion to or of the wife by the husband on a petition by the wife for dissolution of marriage. (See post, chapter VI., part II., Evidence.)

But

When the time limited for appeals has expired, and no appeal has been presented, or when any appeal has been dismissed, or when in the result of any appeal the marriage is declared to be dissolved, then, "but not sooner," the respective parties may marry again, as if the prior marriage had been dissolved by death. no person in holy orders of the United Church of England and Ireland can be compelled to marry any person whose former marriage has been dissolved on the ground of his or her adultery; nor is be liable to any suit or censure for such refusal. If, however, any minister of the church refuse to solemnize such marriage, any other minister of the church in holy orders entitled to officiate within the diocese in which the church or chapel of the refusing minister is situate, may perform therein the marriage service.

On a sentence of divorce or judicial separation for adultery of the wife, if it appear the wife is entitled to any property in possession or reversion, the court may order a settlement of such property for the benefit of the innocent party and the children of the marriage, or either or any of them.

The court may also make orders as to custody of children after a al decree of separation. After a final decree of nullity or disso