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Quarterly Report of Facts and Progress.

DURING the two past quarters many events have taken place deeply interesting to the Church and to the empire at large; but one of these is so transcendant in importance, that all others become comparatively insignificant (we except, of course, in thus speaking, the great mutiny in India), and we allude to the

NEW DIVORCE AND MATRIMONIAL CAUSES ACT.

We have all felt that some change was wanted, that the absurdities and anomalies of our late condition were so patent as to render any defence of them impossible, and that things could not continue long as they were. Among the objects to be obtained were first to make divorce, when the melancholy necessity for it might arise, no longer a mere luxury to be enjoyed by the rich; but if it were recognized as being right at all that it should be attainable whenever needed; secondly, to avoid all the tedious and complicated machinery of courts, by which it was to be accomplished. Thirdly, to put a stop to that disgrace of English law, the action for criminal conversation; and, lastly, to protect all classes of women by legalizing a separation, somewhat less than divorce; but which should yet retain the earnings of the woman for her own use, while still the door might be left open for a reconciliation.

All these objects we cannot but think have been effectually performed, and we shall proceed to give a brief abstract of the bill.

ABSTRACT FROM THE OFFICIAL DOCUMENT ISSUED BY THE QUEEN'S PRINTER'S AT NOON, WEDNESDAY, SEPT. 2.

I. This Act shall come into operation on January 1st, 1858. II. All Jurisdiction now exercisable by any Ecclesiastical Court in respect of Divorces, shall cease, except granting of Marriage Licenses.

III. The Court of Divorce may enforce Decrees or Orders made before this Act comes into operation.

IV. All Suits pending when this Act comes into operation shall be transferred to the Court of Divorce.

V. When this Act comes into operation any Cause which would be transferred to the Court for Divorce and Matrimonial Causes and shall have been heard, be then standing for

Judgment, the Judge may within Six Weeks after this Act comes into operation give a written Judgment thereon.

VI. All Jurisdiction over Causes Matrimonial, except in respect of Marriage Licenses, to be exercised by the Court for Divorce.

VII. No Decree for Divorce à Mensa et Thoro to be made hereafter, but a Judicial Separation. (See note on page 8.) VIII. The Lord Chancellor, the Lord Chief Justice of the Court of Queen's Bench, the Lord Chief Justice of the Court of Common Pleas, the Lord Chief Baron of the Court of Exchequer, the Senior Puisne Judge for the Time being in each of the Three last-mentioned Courts, and the Judge of Her Majesty's Court of Probate, shall be the Judges of the said Court.

IX. The Judge of the Court of Probate shall be Judge of the Court, and shall have Authority to determine all Matters, except Petitions for annulling Marriage, Applications for new Trials of Questions or Issues before a Jury, Bills of Exception, Special Verdicts, and Special Cases.

X. All Petitions, either for the Dissolution or for a Sentence of Nullity of Marriage, and applications for new Trials shall be heard by Three or more Judges of the said Court.

XI. During the temporary Absence of the Judge Ordinary, the Lord Chancellor may authorize any Judge of the Superior Courts to act.

XII. The Court shall hold its Sittings in London or elsewhere as Her Majesty in Council shall appoint.

XIII. The Lord Chancellor shall direct a Seal to be made for the Court.

XIV. The Registrars and other Officers of the Principal Registry of the Court of Probate shall attend the Sittings of the Court.

XV. All persons admitted to practise as Advocates or Proctors in any Ecclesiastical Court, and all Barristers, Attornies and Solicitors practising in the Superior Courts, may practise in the Court of Divorce.

XVI. A Sentence of Judicial Separation may be obtained, either by the Husband or the Wife, on the Ground of Adultery, or Cruelty, or Desertion without Cause for Two Years and upwards.

XVII. Application for Restitution of Conjugal Rights or Judicial Separation may be made by Husband or Wife by Petition to the Court, or to any Judge of Assize at the Assizes held for the County in which the Husband and Wife reside or last resided together.

XVIII. For the purpose of hearing all Applications under this Act, the Judge of Assize shall be entitled to avail himself of the Services of all Officers, and use all Powers which the Court of Assize may employ.

XIX. The Court to fix the Fees; and such Fees shall be received by the persons to whom same shall be directed to be paid.

XX. Any Order may be reviewed, and reversed on Appeal to the Judge of the Court.

XXI. A Wife deserted by her Husband may, if resident within the Metropolitan District, apply to a Police Magistrate, or if resident in the Country to Justices, in Petty Sessions, for an order to protect any Money or Property she may acquire by her own lawful industry, and Property which she may become possessed of, after such Desertion, against her Husband or his creditors, and may give to the Wife an Order protecting her Earnings and Property acquired since the Commencement of such Desertion, from her Husband and all Creditors and Persons claiming under him, and such earnings and Property shall belong to the Wife as if she were a Single Woman: also, that if the Husband or any Creditor of or Person claiming under the Husband shall seize or continue to hold any Property of the Wife after Notice of any such Order he shall be liable, at the Suit of the Wife (which she is hereby empowered to bring), to restore the specific Property, and also for a Sum equal to double the Value of the Property so seized or held after such Notice. If any such Order of Protection be made, the Wife shall during the Continuance thereof, be deemed to have been, during such Desertion of her, in the like position in all respects, with regard to Property and Contracts, and suing and being sued, as she would be under this Act if she obtained a Decree of Judicial Separation.

XXII. In all Suits to dissolve any Marriage, the Court shall act on Principles and Rules of the Ecclesiastical Courts. XXIII. Any Decree of Separation obtained during the Absence of Husband or Wife may be reversed.

XXIV. In all Cases the Court may direct Payment of Alimony to Wife, or to her Trustee.

XXV. In every case of a Judicial Separation the Wife shall be considered as a single woman, with respect to Property she may acquire, and on her decease the same shall, in case she die intestate, go as the same would have gone if her Husband had been dead; if any such Wife should again cohabit with her Husband, all such Property shall be held

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to her separate Use, unless any agreement in writing be made between herself and her Husband whilst separate.

XXVI. In every Case of a Judicial Separation the wife shall, whilst so separated, be considered as a Single Woman.

XXVII. Any Husband may present a Petition praying that his Marriage may be dissolved, on the Ground that his Wife has been guilty of Adultery; and any Wife may present a Petition that her Marriage may be dissolved, on the Ground that her Husband has been guilty of incestuous Adultery, or of Bigamy, or of Rape.

XXVIII. Upon any such Petition by a Husband he shall make the alleged Adulterer a Co-Respondent to the said Petition, unless on special grounds; and on every Petition by a Wife for Dissolution of Marriage, the Court may direct that the person with whom the Husband is alleged to have committed Adultery be made a Respondent.

XXIX. Upon any such Petition, the Court to satisfy itself as to the facts.

XXX. In case the Court shall not be satisfied that the alleged Adultery has been committed, it shall dismiss the said Petition.

XXXI. In case the Court shall be satisfied on the Evidence that the Case of the Petitioner has been proved, then the Court shall pronounce a Decree declaring such Marriage to be dissolved.

XXXII. The Court may, on any such Decree, order the Husband to secure to the Wife such gross sum of Money, or such annual Sum of Money for any Term not exceeding her own Life, as, having regard to her fortune (if any), to the Ability of the Husband, and to the conduct of the Parties, it shall deem reasonable.

XXXIII. Any Husband may Petition for Dissolution of Marriage, or for Judicial Separation, and claim Damages from any person on the Ground of his having committed Adultery with his Wife; and such Petition shall be served on the alleged Adulterer and the Wife, unless the Court shall direct some other Service; and the Claim made by such Petition shall be heard and tried on the same Principles, Rules, and Regulations, as Actions for Criminal Conversation are now tried; the damages to be determined by the Verdict of a Jury, although the Respondents or either of them may not appear; and after the Verdict has been given the Court shall have Power to direct in what Manner such Damages shall be paid or applied, and to direct that the whole or any Part thereof shall be settled for the Benefit of the Children (if any) of the

Marriage, or as a Provision for the Maintenance of the Wife.

XXXIV. Such Adultery having been established, it shall be lawful for the Court to order the Adulterer to pay the Costs of the Proceedings.

XXXV. In any Suit for obtaining Separation or Nullity of Marriage, the Court may make such Orders as to Custody, Maintenance, and Education of Children, as it may deem just and proper.

XXXVI. Questions of Fact arising in Proceeding under this Act may be tried or rejected before the Court.

XXXVII. The Court, or any Judge thereof, may make all such Rules and Orders upon the Sheriff or any other Person for procuring the Attendance of a Special or Common Jury for the Trial of such Question as may now be made by any of the Superior Courts, and may also make any other Orders which may seem requisite.

XXXVIII. Such Question shall be reduced into Writing in such Form as the Court shall direct, the Jury shall be sworn to try the Question, and a true Verdict given thereon according to the Evidence; the Court or Judge shall have the same Powers and Jurisdiction as any Judge of the Superior Courts sitting at Nisi Prius.

XXXIX. Upon the Trial of any such Question a Bill of Exceptions may be tendered, and a General or Special Verdict may be returned, in any Cause tried in the Superior Courts.

XL. The Court may direct One or more Issue to be tried in any Court of Common Law, as is now done by the Court of Chancery.

XLI. Every Person seeking a Decree of Nullity of Marriage, or a Decree of Judicial Separation, or a Dissolution of Marriage, or a Decree in a Suit of Jactitation of Marriage, shall, with the Petition for the same, file an Affidavit verifying the same, and stating that there is not any Collusion or Connivance between the Deponent and the other Party to the Marriage.

XLII. Every such Petition shall be served on the Party to be affected thereby, either within or without Her Majesty's Dominions, in such Manner as the Court shall direct, and the Court may dispense with such Service altogether in case it shall seem necessary.

XLIII. The Court may order the Attendance of the Petitioner, and may examine him or her on Oath on the Hearing of any Petition, but no such Petitioner shall be bound to