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
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