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THE NEW LAW OF DIVORCE. 187
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.
-- The Tendency Of Recent Legislation Ha...
disgrace upon the guilty ; but an injured husband may now , in a petition either for judicial separationor dissolution of marriage , or
in a petition limited to such object , only , claim damages from any on the ground of his having committed adultery -with his
¦ person wifein the same manner as in an action for criminal conversation ; and the , court has also power to order the adulterer to pay the whole
or any part of the costs of the proceedings . A sentence for judicial separation ( which shall have the effect of
a divorce a mensa et thoro under the old law , and such other legal effect as is given by the act ) may be also obtained , either by the
husband or wife , on the ground of adultery , or cruelty , or desertion without cause for two years and upwards .
Petitions for restitution of conjugal rights , or judicial separation , be made either to the court itselfor to a judge of assize at the
assizes may held for the county in which , the husband or wife resides , or last resided together ; but petitions for the dissolution of marriage ,
or sentences for nullity of marriage , can alone be dealt with by three or more judges of the court sitting at Westminster . The court also
has power to order alimony to a wife , or to her trustees , and to make decrees as to the custody of the children of the marriage .
The wife , in case of a judicial separation , is by the new law , both as to the property which she may acquire , or which may at any
subsequent time devolve upon her , and also in respect of the power to sue or be suednow considered _Sbfemme sole ( or single woman ) .
, Nor is the least important feature of the act that which enables a wifedeserted by her husband , at any time after such desertion ,
if resident , within the metropolitan district , to apply to a police magistrate , or if resident in the country , to justices in petty sessions ,
or in either case to the court itself , for an order to protect any money or property she may acquire by her own lawful industry ,
and the property which she may become possessed of after such desertion , against her husband or his creditors , or any person
claiming under " him , " and such magistrates , justices , or court , if satisfied of the fact of such desertion , and that the same was without
reasonable cause , and that the wife is maintaining herself by her own industryor property , may move and give to the wife an order
, protecting her earnings and property acquired since the commencement of such desertion , from her husband and all creditors , and
persons claiming under him ; and such earnings and property shall belong to the wife as if she were _etfemme sole _.
This order of protection to the property of the wife must within ten days thereafter be registered in the County Court , within whose
jurisdiction the wife resides ; and the husband , and any creditor , or any person claiming under him , may apply for its discharge .
Provided also that if such persons shall seize , or continue to hold any property of the wife , after notice given of such order , they
shall be liable at the suit of the wife ( which she is by the act
The New Law Of Divorce. 187
THE NEW LAW OF DIVORCE . 187
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Citation
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English Woman’s Journal (1858-1864), May 1, 1858, page 187, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ewj/issues/ewj_01051858/page/43/
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