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CONTENTS.
The pages referred to are those between brackets [ ̄ ).
CHAPTER I.
OF THE GENERAL NATURE OF THE MARRIAGE CONTRACT, AND ORIGIN OF THE LAW OF
MARRIAGE.
II. The Canon Law the Basis of the Law of Marriage, 17.
Canon Law
Council of Trent
Source of the Ecclesiastical Laws of England
III. How far the Canons are binding in England, 22.
CHAPTER II.
OF MARRIAGES NOT WITHIN THE GENERAL MARRIAGE ACTS.
I. Of Marriages in England before the first Marriage Act, 26.
Marriage Contracts
26
27
Regular and Irregular Marriages
29
Ancient mode of Solemnization
id.
Directions in the Rubric
Celebration by a Roman Catholic Priest
32
Doctrine of Ecclesiastical Courts as to Contracts of Marriage
Marriage without Religious Ceremony
33
36
III. Of Marriages in the British Colonies, 43.
Solemnization of Marriages in India by Ministers of the Church of
Scotland.
43
PAGE.
III. Of Marriages in the British Colonies-continued.
Delivery and transmission of Certificate of Marriage by Minister 44
British Guiana, the Cape, and Ceylon
Order in Council as to the Celebration of Marriages in the Crown
Colonies
Newfoundland, 48-Upper Canada, 51-Lower Canada, 53-
St. Lucia, 54-Nova Scotia, 54-New Brunswick, 55-
Prince Edward's Island, 57-Bahamas, 58-Barbadoes,
58-Jamaica, 59-Antigua, 60-Dominica, 61-Grenada,
61-Isle of Man, 62.
IV. Of the Marriages of Quakers and Jews, 62.
1. Of the Marriages of Quakers
Exception in the Marriage Acts
45
46
Validity of Quaker's Marriage
Provision in the new Marriage Act
Ceremony of Quakers' Marriages
2. Of the Marriages of Jews
Evidence of Jewish law
Marriages of Jews decided according to their own law
64
65
67
68
69
72
Mode of Contracting Marriage between Jews
Legal redress for Violation of Matrimonial Duty
V. Of Marriages in Ambassadors' Chapels, 73.
Marriages solemnized Abroad by Ministers of the Church of Eng-
land made valid
Marriages by Minors without Consent of Parents or Guardians
Irish Statutes .
77
79
84
Former marriage undetermined
Incapacity for Conjugal Duties
Consanguinity and Affinity
3. Of irregular Marriages
Modes of contracting irregular Marriages
General principle as to Constitution of Marriage
Particular Instances of Irregular Marriages
Promise of Marriage
4. Of Marriage by Habit and Repute
5. Of the Evidence of Intention of Parties contracting.
In the case of irregular Marriages in Scotland, the prior as
well as the subsequent facts and circumstances may be
looked at.
Instances where Marriages were not constituted
Evidence of the Marriages of English Parties in Scotland
Matrimonial causes to be tried before the Court of Session
6. Marriages of English Parties in Scotland
VIII. Of Foreign Marriages, 118.
1. Concession of one Foreign State to the Laws of another
2. Personal Contracts decided according to Lex loci Contractus
3. The rule for deciding Marriages according to the Lex loci Con-
tractus, is jus gentium.
4. Limitation of the Rule for the application of Lex loci
PAGE
118
120
123
126
6. Marriage of English Parties abroad valid, if according to Lex
loci Contractus
5. Jurisdiction of the Ecclesiastical Courts as to Foreign Mar-
riages
130
131
8. When Marriages are valid, though not celebrated according to
the Law of the Place
9. Marriages of English Subjects in the Factories abroad
Marriages solemnised at St. Petersburgh and Hamburgh since the Abolition of the British Factories there declared valid .
10. Evidence of Foreign Marriage Law
CHAPTER III.
7. Marriage abroad, contrary to Lex loci Contractus, void in Eng-
land.
132
140
145
147
148
OF THE IMPEDIMENTS TO MARRIAGE.
I. Of Consanguinity and Affinity, 154.
Canonical and Civil Disabilities
154
New Statute as to Marriages within the prohibited Degrees
Foundation of Rule prohibiting Marriages between near relations
155
157
Interference of Court of Chancery as to Lunatics' Marriages
Nature and evidence of Insanity
192
III. Of Impotence, 201.
Impotence a ground for Nullity of Marriage
Duty of the Courts in Suits for Impotence
Cohabitation previous to Commencement of Suit
Either Party may be Complainant.
Proof of a former Marriage subsisting
Jurisdiction of Ecclesiastical Courts
Conviction for Bigamy not conclusive in Ecclesiastical Courts
223
224
226
229
230
363
366
369
History of Parliamentary Divorce
373
Standing Orders of the House of Lords as to Bills of Divorce
Orders of the House of Commons as to Divorce Bills
Mode of Proceeding on Divorce Bills
377
378
379
III. Of Adultery, 386.
Cognizance of Adultery belongs to Ecclesiastical Courts
Actions for Criminal Conversation
396
387
Prisoner in Custody for Damages in Action of Crim. Con.
Adultery of either Party equally an Offence in Law
What Persons may institute Suits for Adultery
The effect of Deeds of Separation in Ecclesiastical Courts
Malicious desertion.
417
Provocation on part of a Wife
422
425
427
428
429
430
431
432
433
434
Husband may sue for Divorce on ground of Wife's Cruelty
435
Desertion of Wife by Husband
Reconciliation after Cruelty
Delay in complaining
436
What may be pleaded in cases of Cruelty
Husband liable for Wife's Necessaries when she leaves him for
437
Cruelty.
V. Of the Causes which bar Divorce, 439.
1. Of Compensation of the Crime or Recrimination
When Recrimination operates as a Bar
Husband's Adultery after Wife's Infidelity a Bar
Solicitation of Chastity
I. What Courts have Cognizance of Matrimonial Causes, 459.
Legality of Marriages how cognizable in Ecclesiastical Courts
Incidental Right of Temporal Courts
451
452
453
454
456
Jurisdiction of Courts of Equity
II. Of the Effect of Sentences in the Ecclesiastical Courts, 469.
1. Of Sentences in Suits relating to Marriages.
Sentences in Ecclesiastical Courts evidence in Temporal
Courts