INDEX TO THE PRINCIPAL MATTERS. ADMINISTRATION. ne 1. Administration, with will an- was 5. 6. the will annexed, of the unad- One of two joint administrators Administration granted to the 7. Administration, with a will an- ALIMONY. 1. On debating the admission of a defensive allegation in a suit for divorce by reason of adultery; Held, that a charge of cruelty is not rendered admissible by an averment, that it was designedly committed with the view of inducing the adultery, and thereby enabling the husband to obtain a separation from his wife. That declarations of the husband, expressive of a desire to get rid of his wife, are admissible, as tending to elucidate his conduct in reference to the facts of the case. That it is competent to a party charged with adultery, first, to deny such charge specifically; secondly, to plead condonation. A husband receiving information, impugning his wife's fidelity, sufficient to induce him to investigate her conduct, is bound, pending the inquiry, to abstain from cohabitation, though not bound to remove her from his house. A departure from established forms of pleading, although in a particular not strictly essential to the proof in the cause, is calculated to excite the vigilance of the Court. fillon sillon 90 2. A party marrying a young person whom he had previously seduced, is bound to exercise more than ordinary marital care over her conduct and deportment. Se Where a single act of adultery is pleaded, unaccompanied with circumstances leading up to the probability of its commission, the Court will view the case with jealousy, and examine the evidence with great vigilance. Evidence in proof and disproof of adultery being equally balanced, the Court examined the following incidents of the case. First, The fact of the wife having, previous to the marriage, been seduced by the husband. Second, The fact of warnings, direct and indirect, given to the husband, calculated to excite his vigilance for his wife's honour, and no steps taken by him in consequence thereof. The absence of due precaution may amount to criminal negligence. Third, The fact of cohabitation continued after probabilis scientia of the alleged adultery. Fourth, The citation in the cause served on the wife, whilst in company with her husband. Fifth, Two interviews, of some duration, between the husband and wife, after the commencement of the proceedings, their object and effect being unexplained. Semble, that, on the part of the wife, the fact of such interviews should, immediately on their occurrence, have been brought to the notice of the Court. Sixth, The absence of an action at law, and of any attempt to discover the particeps criminis, and no evidence accounting for the omission. Although, in cases of separation, by reason of adultery, proceedings at law are, generally speaking, unnecessary, they are of great importance when the proof in this Court depends on identity. S. C 96 3. In a cause of separation by rea son of adultery, it is not competent for a husband in an initiatory libel, to plead antenuptial incontinence of the wife; marriage is a condonation of such error: but such fact may be pleaded in reply to a defensive charge by the wife of neglect or connivance. On the part of the wife, her seduc tion by the husband, cannot be pleaded, it involves an issue which this Court cannot try: but she may plead the fact of her cohabitation, when single, with the husband, in order to shew a want of proper vigilance on his part over her subsequent moral conduct. It is competent to a wife to plead, that the husband introduced her to an improper acquaintance; more especially when the husband is counter-charged with having committed adultery with that party. Minute specification in pleading APPEAL, BAPTISM. 1. A child baptized with water in the name of the Holy Trinity, by a person alleged to be in heresy or schism with the Church of England is not unbaptized within the meaning of the Rubric for the burial service of the dead in the book of com mon prayer. Jithmanr 7840 Chapman BONA NOTABILIA, See ADMINISTRATION, 4. BURIAL, See BAPTISM. CITATION, See PRACTICE, 11, 13. CHURCH-RATE. 1. Proceedings against a party for wilfully obstructing the making of a Church-rate. 209 2. The parish Church of Braintree being very much out of repair, a monition issued from the Consistorial Court of London, commanding the Churchwardens to summon a vestry for a specified day and hour, and ordering the parishioners then to attend and make a Churchrate. A vestry having been convened, a survey and estimate of the repairs and the expenses was produced, and no objection made to either. A rate having been proposed and seconded, an amendment (in effect) "That no rate be granted," was moved and seconded, and, on a shew of hands, was carried. The ma jority of the parishioners who had negatived the granting a rate having quitted the vestry, the Churchwardens and the minority continued to remain in vestry, and re-proposed and carried the necessary rate. Held, by the Dean of the Arches, reversing the decision of the Chancellor of London, that such a rate was a legal and valid Church-rate. 253 3. The executor of a deceased parishioner cannot be cited in an Ecclesiastical Court, in respect of a church-rate due from his testator. 343 4. Appeal in a matter of churchrate. Held, rate properly made on inhabitants of district parish in respect of a district church. Churchwardens declared to have been duly elected. Sufficient notice of making a rate. Construction of local and public Church Building Acts. 5. Objections to a church-rate. 352 1st. That a sole churchwarden was not duly elected. 2nd. That, by reason of such undue election, a notice, signed by the churchwarden, calling the vestry for making the rate, was an invalid notice. 3d. That a church-rate was excessive. Objections overruled. A church-rate is not excessive, if made for defraying the expenses of and for the current year, although 'such expenses may have been incurred before making the rate. Semble, notice of a vestry meeting for making a church-rate, may be given by a private parishioner. 680 1. A clergyman suspended for three years, for publishing in a newspaper, a letter, in derogation and depraving of the Book of Common Prayer. 565 2. 3 & 4 Vict. c. 86, s. 20, enacts, "That every suit against a clergyman, for any offence against the laws ecclesiastical, shall be commenced within two years from the commission of the offence." On the 17th of February, 1840, a clergyman refused to bury the corpse of a parishioner brought for interment; on the 26th of May, 1841, a second request to him to do so was made, and refused. On the 20th of May, 1843, a citation issued against him from this Court. Protest to appearing, on the ground, that the two years, limited by the act, had expired, overruled. 703 3. An Ecclesiastical Court may entertain a suit against a clergyman for the purpose of deprivation or suspension from his ecclesiastical preferment, by reason of a public scandal existing against him; although the scandal originates from a charge which, if true, would constitute a criminal offence, cognizable solely in a common law Court; and although no conviction by the common law is pleaded. 822 4. A clergyman refusing to bury a child, baptized with water, in the name of the Holy Trinity, 1. By the law of Turkey, no subject of that country can make a will. By treaty between Great Britain and the Ottoman empire, an English subject, domiciled in Turkey, may make a will. J. M. was the son of an Englishman, who had died domiciled at Smyrna. J. M. himself had never been in England, except for the space of six years, and then only for the purpose of education; he died at Smyrna, having made a will in the form of an English will, but not executed and attested according to the 1st Vict. c. 26. Probate of such paper refused. VOL. III. 231 2. The executor named in a holograph will of a Scotchman by birth, but holding a commission in the military service of the East India Company, was cited in the Prerogative Court, to prove the will, or shew cause why administration should not be granted of the effects of the deceased as dead intestate; Protest to appearing to such citation, by reason that confirmation had been granted of such will by a Court in Scotland, a competent forum, overruled. The domicil of origin does not revive until an acquired domicil is finally abandoned. A native Scotchman, having, by employment in the military service of the East India Company, acquired a domicil in India. Held, that by his return to Scotland, animo manendi, his original domicil did not revive, the party still holding his commission, and being liable to be called upon to return to India; and intending to return if called upon to do so. 435 3. A will is not valid, unless executed in conformity with the law prevailing in the country where the testator is domiciled; and the fact of the property, (personal,) bequeathed by such will, being locally situate in another country, and of the will being duly executed according to the law of that country, will work no distinction. EVIDENCE, See PAROL EVIDENCE. WITNESS. LLL 468 |