New-York daily tribune., 1857-09-29


including Of course gifts and inhertacoes. Such 40
-order will give, hsr he ams power orer - pro-
t. cted property a. though she were unmarried and
will cary with il the right Of sueins and being sued,
and mailing contracts in her owl name; but il viii
not discharge the husband from bis liability to be
,ued for necessaries furnished 10 the wife, nor even
for torts committed by her. To bring this remedy
within the reach of all who may need it, the power
to grant such orders 10 extended to the Metropoli-
tan Police Magistrates, and in the country to JUS
tices Of the Peace in petty sessions. Any party
Undertaking to seize or hold the property protected
by tuch an order, h liable to suit for its restors-
ton with damages added Of double its value.
Second: Detertion for two years and upward,
adultery or cruelty (Which latter must, however be
ofs kind 10 excite spprehensons of personal sa'ety
Affords ground for what is called in this act judicial
separation, which differs from divorce in this:
fnt, that it may be terminated at any time BY the
coming together Of the parties and secondly, that
they cannot marry anybody elie. This remedy Is
open to the husband, but is intended mainly for the
wife, to whom, when it is granted on her apphea-
ton, provision for her maintenance, technically
called aimony is to be assigned by the Court pay
able BY the husband who is discharged BY it from
all legal Liability for the wife, except that if he
does not pay the slimony he may be sued for leces
sares The Court granting these separations is
authorized to make such provision as it may judge
proper as to the custody and maintenance Of the
children. This remedy is also brought within con-
venient reach by the authority given to the Judges
of Assize-the ordinary tribunal for the trial of
jury cases-to entertain and act upon petitions
for it.
Third: We come now to remedy, that Of the
dissolution Of marriage, for which the act makes
new court, TO be composed Of the Lord Chancellor,
the Chief Justice and Oldest puisne Judge OF the
three common law courts, and of the Judge of
new Court of Probate, established at this same
session Of Parliament But for all preliminary pro-
ceedipgs, the Judge Of the Probate Court is to sit
alone as Judge ordinary, and he is also to have con-
current jurisdiction as TO the two preceding RENE
dice.
The grounds Of the dissolution Of marriage are,
on the part of the wife, simple adultery; but, on
the part of the husband, the adultery must be in
if bis wife were dead, he could not lawfully marry
BY reason of her b,ing within the prohibited de-
grees of consangunity or affinity, or accompanied
with bieamy, whether this bssmy occurred with
in or without the British dominons, or accom-
panied by cruelty such as would BY itself en-
title the wife to a Judicial separation, or BY
deseItion, without reasonable excuse, for two
years or upward Rape, and the crime against
nature committed BY the husband, are also grounds
upon which the wife can obtain divorce. But
the Court must be satisfied not only Of the fact of
the adultery alleged, but also that the petitioner
was not accessory to it. nor conDived at nor has
ccndonei, that is, psrdoDed it, and also that
there is no collusion between the parties-in all
which cases. the petition is to be dismissed; nor is
the Court bound to pronounce decree Of divorce
if it should be made to appear that the other party
has also been guilty of adultery, or Of unreasonable
delay in presenting and prosecuting the petition,
or Of cruelty toward the other party, or Of deser-
ton without reasonable excuse, or Of such wlfal
neglect or misconduct as has c,nduced to the
adultery.
The Court has the power in all sases according
10 lts OlsCIc6Ou W SIoHI uuuouy W tnc WIG,
either by way of round sum or an annual pay
ment during her life, and TO make interim orders,
by way of alimony or otherwise. The latter power
also extends to the Judges authorized to grant ju-
dicisl separations.
II the husband il the petitioner, be must mske
the alleged adulterer 9 correspondent unless OK.
cused from it by the Court. Ii the wife is tho pc
titOner, it is in the discretion Of the Court to re-
quire that the woman with whom the adultery is
alleged should also be made correspondent If
the adultery is established, tho Court is authorized
to ip,pose the whole or part of the costs on the
proceeding Either of the parties i, entitled to in.
,ist on trial by jury. The petitioner liable to be
exsmined under OATH at the discretion Of the Court
but 10 not bound TO any question tending to
chow that be or she las been guilty Of adultery.
Fourth: The husband, either in connection with
petition for judicial separation, or divorce, or
by distinct process, may claim damages against
an sdulterer, which damages if recovered, shall be
applied, at the discretion Of the Court, for the
benefit of the children of the marriage, any or as
. provision for the maintenance of the wife.
Tie Commercial Adrertiser thus persists in its
misstatement with regard to the alleged resolve of
the r. R.pubcan State Convention in favor Of the
Fugitive Slave Law:
"Now, the resolution, as given in Tie Commerclai,