New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-09-03

eases. Pen:i-s fT 80 ds-c,u.oa Il -las-
rsge., az ;hs other = ;e2:si c.sss, m14: D
ord, sry is 70 De ore. Tho cau-: will ~. = Z ,
ia, in Load y. II lie C)ul:y Of Mda ,-sx, S.
:5e Queen in Council my ii IA :.ns % :1s spp5il-
Advocates o. prosors now practising in re fe..--
:cs Courts snd Gl bar seIs attornsy. ani solicitors
ertitled % practice in The Superior C)ur.s s:Wsat
minister will be entitled 70 prsc:ics il the n. CO...
Of Divorce and Ma.Iimonia Causes. sen'cn's Of
judicial separation hayins tbs efec: 0; he old d.
yorce from bed and board may be Obtained 1nisr the
bill either by the husband oE the vie, % tie s-un
of adultery cruelty, OF csusee.s Geserto- fjr two
years and upward. Applications fo- sg,1 ssps-
Isions are 70 be made BY either parry by
the locality where fhe parties reside e.. resided or
70 the Court of Quarter Sessions OF o TIE Re- rider
Of the city or borough in which the psr:ies are OF
were last resident. hne leca authorities thu.
picaions and TO decree a. Judicial separation" they
NAV also order alimony for the vic. Az apre.f
however, will lie 10 the Judge Ordinary Of tie regu
lar Central Court from the DEGREES Of these ioca,
thortes but no such appeal will stay the gter.n exc
cu,ion OF the order for separation. Wives deserted
by their husbands may at any Tine apply -
police magistrate or to the petty ssons for order
10 pro.ec property earned by themselves of which
they NAV have become possessed since the Dc sseiot
Of their Husbands against their husbands their hUs-
bands creditors. DEGREES desperation obtared dur-
ing the Absence of the husband or wife may be reversed
on application and proof Wives "ldaiciaIy sepa-
tons Of property, and for purposes OF contract and
suing So much for the temporary and conditional
separation ef married couples But !. is further
sted by the bill that petitions for an en.i-e aud sbso
Lutte dissolution Of the marriage may be presented TO
the Court of Divorce, tie ground that the wife has
forfeited her cOnjuga rights by the crime a. adultery
or That the husband has been guilty we quote t:om
the text of the bill ireestuous adultery or Ofadc
"tery committed in the co1ugal residence, or Of biga
my with adultery, OF rape, or of sodomy, or Of
"bes.isy, adultery coupled with such cruelty as
without adu teiy, would have entitled The wife q
divorce h,Hsd 81 hofO or OF aiulte-y coupled with
4" desertion without enable excuse for two yeas
cor upward" lncestuous adultery will be
taken to mean adultery BY man with vo.
man with whom, if bis wife decd, he could
not lawfully contract marriage by Of her being
within the prohibited degrees Of cons sngunity atm
ity. Adulterers may be made correspond ,n.s TO Pet
tnos for divorce, and contested matters OF fac msy
be tried if the parties insist, by jury. If toe Court
of Divorce be satisfied that there has been no cou
son condonatOn, or cOnnivance and tia. tue charge
Of the petitioner s proved, the marriage will be aoso
lutey and finally "dissoved" with the p:ov;so tina.
the decree to that effect shall not be il the
petitioner has been guilty OF adultery or unreasonable
delay in presenting the petition Of having deserted
the other party, without reasonable excuse, before
the act Of adultery complained OF, or OF vitul neget.
or misconduct conducting to the adultery. Almony
might be awarded TO wiyes, ever 10 the event OF the
marriage being thus dissolved. Husbands may claim
damages from adulterers If they please, AMI such
claims will be heard aud tried % the same pnnci.
ples, in the same manner, and subject 10 the same
Iuks ard regulations as actions FOR crim con-, the
damages being detenDnable by the verdict Of
Jury. Adulterers, made correspondents, may be
mulcted in the whole OF the costs. The custody Of the
children will be provided for by Lterim orders OF the
Court of Divorce Questions OF feet may be tired De-
fore the Court by the verdict Of urypcia or com.
mOn and the Court may direct issues % try matters OF
fact in any Court of common law. \ number OF
clauses refer to the mode and forms OF procedure be-
fore the court. All witnesses Will be sworn ana eA,
be secured An appeal will lie from the decisions
of the Judge Ordinary where he is suthorized
TO decide alone to the full court, and an appeal Ion
decrees dissolvipg marriages will lie from the Court
of Divorce to the House Of Lords within three
monhs) Clause % cnacts that after the apse OF this
period allowed for appeal, and su2pos7S tue dec.ee
respective parties to the marriage q mary again,
"as if the prior marriage had beel dissolved by
DEATH proyldedtba mo Clergyman 10 holy orders
" Of the United Church Of England and Ireland shall
be compelled to solemnize the marriage OF any per.
son whose former marriage may have osen diSsoivea
" on the ground Of his or her adultery, or be
" liable to any suit, penalty, or censure Tor
&" cole mining refusing TO so.emnize the marrsg
Of any such person. The following clause however
(6 provides that, although mini ster may refuse TO
solemn ize such marriages himself, be must neverhe.
lees permit any other minister OF the Estab. ishment,
officiating in the diocese to perform the marriage SER
vice in the parochal church or chapel Clause % e--
inmates the scandal Of actions for crlu con- fees
under this bill will be collected by clamps, IN be
" stamp dutics unCcT tue mhndScHtEt oL u.t
Revenue Department. Clause % secures comp 'nsa.
ton to proctOrs in the Ecclesiastical Court two years
hence at the hands Of the Treasury; the compens.-
ton TO be calculated comparison IN each case, g:
the average clear gains OF the three years betoe he
passing Of the act and the two years succeeding The
compensation will, if granted be life annuity; suc1
aplufy in case to exceed the moiey ct the annual
loss ascertsned aforesaid The salary VI The judge
Of the Court OF Probate, il lie be appointed JulSe
Ordinary Of the new Count Of Divorce asis proposed
will be f5 600 year; but such Judge il a,terga-d
appointed Judge of the Court Of Admiralty, will be
entitled to no increase Of salary. The rules OF proce
dure and yearly account Of fees, &c. are TO b. laid
before Parliament. London Times.
LORD PALMERs TONS CONCIO AID CLERC&.
The following p,hy warning t, the English clergy
occurs near tie close Of Lord Palus:stons ciosSg
speech Oh the Divorce bill:
There IRE two or three points il tic BIZ Key BE-.
fore the House that have been pcr.icnacy ave led
10. The principal one regards the exemption sve.
to ccIgyIntn who may objec: 10 celebrate The rlni
risge Of persons whose marriage he's been Dissolved
by rtason Of their owr chenoa TIE p043 "r! srsoeS
thst that exemption not sufficient, an uole'siIl
the Hon. boronet. the member flr tee Cciver;-yo i
Oxford 10 cay that did NOT 20 fa enough, ec-GT'c
we have not admitted the objection i'rciei IN me
indissolubllty OF marriage. Nov, ca Guy 50
never gave more reluctant consent 20 aoyhh7 -ptA
did 10 the concession made IL tbs matt H3h,
hear. did it solely in Difference - TIE iee.ng, d
large body Of clergymen, whDse ieecg' even - c5h
wrong, were il my opinion entitled :oIs:Qe;t y.
hea With regard tie question o; 'A5 iad ::ot.
biity OF marriage, i, impossible TOR Us to ai@;
tha. plea. I deny that there is anything y tl9
the opinion that n.rriGge is inlissollols lear.
besrl. If We look 10 tho ?j.h a-t.'l9 =! ~
Church, which every clergyman i h2aa! 70
subscribe, we fnl that the contrary y dsii2;,J
affirmed Hear. hear. L is there All -rasd tnst
mairimony Is state of Ike elIoved IL the Sc-2t1i's
bu. having pothipg in common with the nature OF q
sacrament, ins.much ~ there Is no yls-a.e s!sn ~
ceremony ordained Of God iiear. bear. l. .