A Practical Treatise of the Law of Marriage and Divorce: Containing Also the Mode of Proceeding on Divorces in the Ecclesiastical Courts and in Parliament; the Right to Custody of Children; Voluntary Separation Between Husband and Wife; the Husband's Liability to Wife's Debts; and the Conflict Between the Laws of England and Scotland Respecting Divorce and Legitimacy |
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Page 28
... unless for such a breach of obligation as would render a forced continuance of the union hurtful to society . The law has therefore imposed on the contract of marriage such a condition ; and it is unphilosophical to infer from the ...
... unless for such a breach of obligation as would render a forced continuance of the union hurtful to society . The law has therefore imposed on the contract of marriage such a condition ; and it is unphilosophical to infer from the ...
Page 37
... unless with observance of the forms prescribed by the Holy Council of Trent . That doctrine appears to be strictly established by the said council in section 24 Of the Reform of Marriage , ' chap . 1 , in which we find the following ...
... unless with observance of the forms prescribed by the Holy Council of Trent . That doctrine appears to be strictly established by the said council in section 24 Of the Reform of Marriage , ' chap . 1 , in which we find the following ...
Page 39
... unless where it is mentioned in acts of par- liament , or in express decisions . It is clear that the canon law is not obligatory upon Scotland in the same way as their own acts of parliament . Neither is it as strong as the decisions ...
... unless where it is mentioned in acts of par- liament , or in express decisions . It is clear that the canon law is not obligatory upon Scotland in the same way as their own acts of parliament . Neither is it as strong as the decisions ...
Page 43
... unless contro- verted in like manner . But a promise per verba de futuro looked to a future time ; the marriage which it contemplated might never take place . It was defeasible in various ways ; and therefore consumma- tion was not to ...
... unless contro- verted in like manner . But a promise per verba de futuro looked to a future time ; the marriage which it contemplated might never take place . It was defeasible in various ways ; and therefore consumma- tion was not to ...
Page 52
... unless both houses of parliament shall , before the expiration of the said twelve months , expressly declare their disapprobation of such intended marriage . " The third section enacts , " that every person who shall knowingly or ...
... unless both houses of parliament shall , before the expiration of the said twelve months , expressly declare their disapprobation of such intended marriage . " The third section enacts , " that every person who shall knowingly or ...
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Common terms and phrases
according Addams admitted adultery affinity alleged appear bigamy bill canon law cause celebrated ceremony certificate church of England circumstances citation civil law cohabitation Cons consanguinity consent criminal cruelty D'Aguilar daughter declared decree defendant dissolved Eccl ecclesiastical court enacted evidence facts father foreign ground Hagg held house of lords husband and wife impotence incest insanity issue judge jurisdiction jury law of England law of France law of Scotland Levitical degrees lex loci lex loci contractus libel license living Lord Portsmouth Lord Stowell lucid interval marriage act marriage contract married matrimonial mensa et thoro minister nature null and void obtained parish Parl parties person Phill plaintiff plea pleaded priest proceedings prohibited degrees pronounced proof proved question reason riage rule second marriage SECT separation sister solemnized spiritual court stat statute sufficient suit tion valid vinculo wife's witnesses woman writ
Popular passages
Page 174 - Provided, that nothing in this section contained shall extend [1] to any second marriage contracted elsewhere than in England and Ireland by any other than a subject of her Majesty, or [2] to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time...
Page 174 - ... seven years, or to be imprisoned, with or without hard labour, in the common gaol, or house of correction, for any term not exceeding two years...
Page 187 - If it were once understood that upon mutual disgust married persons might be legally separated, many couples who now pass through the world with mutual comfort, with attention to their common offspring and to the moral order of civil society, might have been at this moment living in a state of mutual unkindness, in a state of estrangement from their common offspring, and in a state of the most licentious and unreserved immorality. In this case, as in many others, the happiness of some individuals...
Page 105 - The true foundation on which the administration of international law must rest is that the rules which are to govern are those which arise from mutual interest and utility, from a sense of the inconveniences which would result from a contrary doctrine, and from a sort of moral necessity to do justice in order that justice may be done to us in return.
Page 175 - ... and, being convicted thereof, shall be liable at the discretion of the court, to be transported beyond the seas for...
Page 228 - Mere austerity of temper, petulance of manners, rudeness of language, a want of civil attention and accommodation, even occasional sallies of passion, if they do not threaten bodily harm, do not amount to legal cruelty...
Page 21 - Have ye not read, that he which made them at the beginning made them male and female, and said, For this cause shall a man leave father and mother, and shall cleave to his wife: and they twain shall be one flesh? Wherefore they are no more twain, but one flesh. What therefore God hath joined together, let not man put asunder.
Page 21 - And the LORD God caused a deep sleep to fall upon Adam, and he slept: and he took one of his ribs, and closed up the flesh instead thereof; and the rib, which the LORD God had taken from man, made he a woman, and brought her unto the man.
Page 79 - Provided always, and be it further enacted, That nothing in this Act shall extend or be construed to extend to...
Page 307 - President in such and the same Form, or as nearly as may be, as that in which a Writ of Subpoena ad testificandum or of Subpoena duces tecum is now issued by...