an order protecting her earnings and property acquired from the commencement of such desertion, from her husband, and all creditors or persons claiming under him, and such earnings and property shall belong to the wife as if a feme sole.

Such protective order, if made by police justice or justices of session, must be entered within ten days with the registrar of the county 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 hold 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 protective order, the wife is deemed to have been, while deserted, in all respects, with regard to property and contracts, suing and being sued, as she would be under the act if she had obtained a decree of judicial separation.

By s. 23, except in proceedings to dissolve a marriage, court to act on the principles and rules of the ecclesiastical courts, subject to the provisions of the act and its rules. A decree of separation

obtained during the absence of husband or wife may be reversed, on the ground that there was reasonable ground for desertion; but such reversal 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 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 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 to prevent, during separation, the wife joining the husband in the exercise of any joint power given to them.

Petition for Dissolution of Marriage.-By s. 27, 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 menså et thoro, or of adul tery 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 woman with whom, if the wife were dead, he could not lawfully contract marriage, by reason of her being within the prohibited degrees of consanguinity or affinity; and bigamy is taken to mean the marriage of any person being married to another during the life of the former husband or wife, whether the second marriage shall have taken place within the dominions of her Majesty or elsewhere.

By s. 28, upon the petition of the husband, the adulterer to be male a co-respondent to the petition, unless on special grounds to be allowed by the court; and on the petition of the wife, if the court think fit, the person with whom the husband is alleged to have committed adultery to be a co-respondent. The petitioning 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, E. 29. 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 to pronounce a decree for dissolving the marriage, but the court not bound to decree a dissolution, if it find the petitioner bas 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 reasonable 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, ss. 31, 32.

Damages for Adultery.-By s. 33, 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 are now 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 to direct in what manner damages shall be paid or applied, whether the whole or part shall be settled for the benefit

E

of the children, if any, of the marriage, or as a provision for the maintenance of the wife.

By s. 34, when in any petition by a husband the alleged adulterer is made a co-respondent, and the adultery established, the court to order the adulterer to pay the whole or any part of the costs of the proceedings.

By s. 35, in any proceeding 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 orders with respect to the custody, maintenance, and education of the children, the marriage of whose parents is the subject of the proceeding, and may direct the children to be placed under the protection of the court of Chancery.

Trial by Jury.-In questions of fact, court may direct the truth to be determined before itself, or before any one or more of the judges of the court, by the verdict of a special or common jury. Jury to be summoned as in the common law courts; jurors to have same qualifications, same duties and liabilities, as in the superior common law courts, with like right of challenge in suitors. Questions to be tried by the jury to be reduced to writing. Judge 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, s. 4.

By s. 41, affidavit 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 to state that there is not any collusion or connivance between the deponent and the other party to the marriage.

By s. 43, 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 not bound to answer any question tending to show that he or she has been guilty of adultery.

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. Sections 46 to 54 relate to mode of taking evidence, commissions for examination of witnesses abroad, fees, and rules of procedure.

Appeals and Re-marriage.-By s. 55, either party dissatisfied with any decision which the judge ordinary alone may decide, may, within three calendar months after, appeal to the full court, whose decision is final. By s. 56, either party dissatisfied with the decision of a full court on any petition for the dissolution of a

marriage, may, within three months after, appeal to the House of Lords, if sitting, or, if 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.

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. But 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 he 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.

AMENDMENTS OF DIVORCE ACT.-By 21 & 22 V. c. 108, the judge ordinary may elect to sit in chambers, if more advantageous to suitors, and exercise the same power and jurisdiction as in open court. The registrars of the principal registry of the court of Probate to do all acts heretofore done by surrogates of the court of Arches. Evidence on which divorce obtained prior to 20 & 21 V. e. 85, may be used in support of petition to Divorce Court. By £ 6, every wife deserted by her husband resident anywhere in England, may apply to the judge for an order to protect any property acquired by her after separation as executrix or trustee. Order of protection to be valid in respect of any person or corporation who shall deal with the wife, s. 8. Order obtained by wife for protection of earnings or property to state time when desertion commenced, s. 9. By s. 11, when alleged adulterer is co-respon dent, the court may order him, after close of evidence, to be dismissed from the suit. To remove doubts, by s. 17, appeal is given to the House of Lords in cases of nullity of marriage. By & 19, so much of 20 & 21 V. c. 85, is repealed as authorized any application to be made for restitution of conjugal rights or judicial separation to any judge of assize, and to the proceedings on the petition.

By 22 & 23 V. c. 61, court may make orders as to custody of children after a final decree of separation. After a final decree of nality or dissolution of marriage, court may inquire into the existence of ante-nuptial or post-nuptial settlements, made on the parties whose marriage is the subject of the decree, and may make erders with reference to the application of the property settled either for the benefit of children or the respective parents. By 8. 6, on any petition presented by a wife, praying that her marriage may be dissolved by reason of her husband having been guilty of

adultery coupled with cruelty, or of adultery coupled with desertion, the husband and wife respectively are competent and compellable to give evidence relating to such cruelty or desertion.

By 23 & 24 V. c. 144, judge ordinary may direct any matter to be heard by a full court. Either party to a suit, if dissatisfied with the decision of the judge sitting alone, may, within 14 days after, appeal to a full court. Sittings of the full court to be holden during the seventh and five following days of sitting in each term, and on such other days as the judges think proper. By s. 5, in case of petition for a dissolution of marriage, the court may, where one party only appears, require counsel to be appointed to argue on the other side. By s. 7, every decree for a divorce to be, in the first instance, a decree nisi, 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 absolute by reason of collusion.

The section of this act which limited the duration of the court is repealed by 25 & 26 V. c. 81, and the Divorce Court made perpetual.

CHAPTER II.

Civil Procedure.

UNDER the jurisdiction of one of the courts mentioned in the last chapter, almost every description of wrong may be brought; and the nature and locality of the injury determine the process an individual ought to adopt, and the tribunal to which he ought to apply, for the redress of his grievance.

Injuries are of two kinds, civil and criminal; the former are such private wrongs as principally affect the interests of individuals; the latter are those greater delinquencies which endanger the peace and well-being of society, and are denominated crimes and misdemeanors.

The usual remedy for a civil or private injury is by action; in which an individual seeks compensation for some injustice he has sustained in his reputation, person, or property. The remedy for a public or criminal wrong is by indictment; in which the object sought is not compensation to the sufferer, but the punishment of the offender. The former is at the risk and suit of an individual, the latter at the suit of the crown, as the chief magistrate and general conservator of the public safety.

The judicial process, in civil and criminal suits, is in many respects similar; but, that the points in which they differ may be more clearly understood, it will be useful briefly to indicate the steps in civil and criminal procedure.

The person who commences an action is termed the plaintiff';