FREE BOOKS

Author's List




PREV.   NEXT  
|<   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75  
76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   >>   >|  
ain a judicial separation if she can prove (1) adultery, (2) cruelty, or (3) desertion without reasonable cause for two years. If a husband is away on his business, as, for example, the case of an officer ordered abroad, that is not desertion. For a woman to get a judicial separation, it is sufficient if she can prove one variety of matrimonial offence, but for a divorce she requires more than one. The jury may find that Mrs. A. has committed adultery with Mr. B., but that Mr. B. has not committed adultery with Mrs. A. The explanation is, that a wife's confession is evidence against herself, but not against another person. You can confess your own sins, but not another's. The Divorce Law of Scotland differs materially from that of England. In Scotland there is no decree nisi, no decree absolute, and no intervention by the King's Proctor. Instead there is a single and final judgment, and when a decree of divorce is pronounced the successful litigant at once succeeds to all rights, legal and conventional, that would have come to him or her on the death of the losing party. If the husband is the offender, the wife in such circumstances may claim her right to one-third of his real estate; and if there are children, to one-third of his personal property, and to one-half if there are none. =Voidable Marriages.=--If a man and woman go through the marriage ceremony, such a contract is null and void under the following circumstances: (1) Where bigamy has been committed; (2) if one of the parties were insane at the time of marriage; (3) where the plaintiff is under sixteen years of age; (4) when the marriage has not been consummated or followed by cohabitation; (5) when one of the parties was incapable of performing the marital act (impotent, and such not known by the other at the time); (6) when drunkenness had been induced so as to obtain consent; (7) concealment of pregnancy at the time of marriage. XXXIX.--FEIGNED DISEASES Malingering in its various forms is by no means uncommon, and by many is regarded as a disease in itself. It is necessary, however, to distinguish between those cases in which it is feigned for some definite purpose--for example, to escape punishment or avoid public service--and those in which there is adequate motive, and the patient shams simply with the view of exciting sympathy, or from the mere delight of giving trouble. It is not uncommon for individuals summoned on a jury, or to give
PREV.   NEXT  
|<   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75  
76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   >>   >|  



Top keywords:
marriage
 
committed
 

adultery

 

decree

 

parties

 

Scotland

 

uncommon

 

circumstances

 

husband

 
desertion

judicial
 

separation

 

divorce

 

performing

 

marital

 
giving
 

incapable

 

trouble

 
impotent
 

drunkenness


induced

 

insane

 

bigamy

 

plaintiff

 
sixteen
 

obtain

 

individuals

 

cohabitation

 

consummated

 

summoned


concealment
 
patient
 
motive
 

distinguish

 

adequate

 
escape
 

purpose

 

punishment

 

feigned

 
service

public

 
disease
 

regarded

 

FEIGNED

 

DISEASES

 
Malingering
 
pregnancy
 
delight
 

definite

 
simply