Star.
London, England, 1831-04-04 00:00:00

SCOTCH DIVORCES.

Lord Eldon has introduced into the House of Lords, a Bill " to re-
medy the evils which his Majesty's subjects sustain from conflicting
decisions of the Courts of Law in England and Scotland, on the subject
of Divorces a Vinetdo Mairimonii, granted by the Courts of Law in
Scotland, at the suit of persons not possessing a real and permanent do-
micile therein."

The preamble sets forth that, whereas in cases of desertion or non.
adherence of either party who are lawfully iatemiarried, after decree of
adherence obtained, and other legal forms complied with, as well as in
cases where the adultery either of the husband or of the wife is estab-
blished by legal evldence,the Consistorial Court of Scotland has long been
invested with the power of granting and pronouncing a divorce a Vet:cute
.1/atrimonii, to the effect of dissolving the marriage contract, so as to en.
able either party again lawfully to contract marriage, except in so far as
relates to the offender in eases of adultery, who by law is prohibited from
intermarrying with the person with whom he or she is in the decreet of
divorce declared to have committed the offence; which jurisdiction and
power is now, by the Ist Gutiehints IV. c. 69, transferred fro,u the afore.
said Consistorial Court to the Lords of Council and Session, constituting
the supreme Cavil Court of Justice in Scotland. And, whereas, in Eng-
land and frelend, and in other parts or colonies appertaining to or con-
nected with the United Kingdom, there neither exists, nor has existed
any Court possessing the power, on any account whatever, of dissolvint
the marriage contract to the effect of enabling either party, during the
existence of the other, again to contract lawful wedlock 4 and the in.
jured party has therefore, in these parts of the British dominions, been
enabled to obtain this effectual redress for the injury sustained by a
special Act of the Legislaiure, dissolving the marriage, and enabling the
parties again to contract lawful wedlock, which relief Parliament has in
practice never granted to the wife unless in her petition there was set
forth, and subsequently proved, not only adultery but great cruelty or
other gross misconduct on the part of her husband. And, whereas, this es-
sential difference in the judicial arrangements of Scotland, and of those of
the other parts of this United Kingdom, has induced and may induce mar-
ried people who are domiciled in other parts of the British Empire, and
who incline to obtain a divorce a Vincula Aldirirnunii, to resort to Scot.
land, where the Courts possess the power of giving that redress. And,
whereas, the Courts of Law in Scotland, in all cases where their jurisdic.
tion has been founded, either by the personal citation of the defender, or
by citation left at a dwelling house where he or she may have resided
for 40 days, whether the parties bad or had not acquired a real and per-
manent domicile in that country, have thought themselves authorised
and bound to administer that extended redress of divorce a Vineuft,
Mat, inwaii, which the Municipal Law of Scotland sanctions, without
regard to the Rules of Law of the country to which, in many cases, the
parties have at the time been permanently aubjccied, and have pro
nounced judgment accordingly. And, whereas, the Courts of Law in
England have thought themselves authorised and bound to disregard,
and to consider as null and void, decrees of divorce so ob.
rained in Scotland as aforesaid, by which marriages contracted in Eng-
land by persons permanently domiciled therein have b.mii dissolved.
And, whereas, these conflicting decisions of the Courts of Law in dif.
rent parts of the United Kingdom have produced, and must continue to
produce, consequences highly injurious to his Majesty's subjects.
It then proceeds to enact that, in actions for divorce in Scotland,
the summons shall contain an averment that the husband had such a
permanent domicile, as, had he died intestate, would have subjected
his moveable property to distribution, according to the rules sanctioned
and established by by the Municipal Law thereof.
That the facts of such averment shall be considered and determined
before inquiry into the alleged injury.
That a copy of the summons to be served on his Majesty's Advocate or
Solicitor-General, who, in case of non-appearance of the defender,
shall institute the necessary investigation ; or if the defender does ap.
pear, and the Court shall think that there are reasonable grounds of
suspicion as to the production of information, they may authorize fur.
ther investigation.
That the Courts in England may receive in evidence a decree of di.
vurce of the Court of Justice in Scotland.

And that nothing in the Act to extend to any divorce grunted before
the passing hereof.

STA TISTICS OF ITALY.

At the moment when war appears to be imminent, it is
useful to direct attention to the countries which may become
its theatre. No country has a stronger claim on our sym-
pathies than the Peninsula of Italy.
The Sardinian states state comprise what may be called
French Italy. Turin is a mixed city—the Italian impress
is almost effaced ; the language, customs, physiognomy, the
'organization, both administrative and militar) every thing,
in fact, in Piedmont, affords evidence of the vicinity and in-
fluence of France. Thus the kingdom of Sardinia is that
which is watched by Austria with e treme solicitude. Its et=
forts to substitute the Duke of Modena for Prince de Carignan
the heir, have failed, Austria has now succeeded in with-
drawing the Piedmontese army from the infleence of the
'Prince, by placing over it Gen. Paolucci, an Austro- Nlodenian.
There the King is above the law. He annuls private trans-
actions and contracts. He reverses the judgments of the
tribunals, but he recognises the sovereignty of Rome—as a
submissive vassal, he accepts all consequences of that sf, r-
vitude. The civil estate is in the hand.. of the clergy. The
colleges and the public establishments have Jesuits for tiAr
superiors and directors. The numerical force of the Sar-
dinian army is 60,000 men; but its red force does not con-
sist of more than '20,000 soldiers under arms. The popula-
tion of the country, not including the island of 'ardinia, is
about 3,500,000 ; the revenue 60,000,000 francs; the ter-
ritorial extent 18,180 square miles.

The Lombardo-Venetian kingdom may be considered :Is
German Italy. Upwards of one hundred thousand Austrian
troops, well armed, without any connexions in the country,
without regard for its inhabitants, bear with all the weight of
foreign domination upon the Lombard population. A greedy