The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1904-02-24
DIVORCES RARE IN CANADA.
Their Publicity and the Extreme
Difficulty of Obtaining Them.

and in6delity. An applicant for di
vorce must act under the provisions OF
a law marked at every step by the
most rigorous limitations. If a man,
or woman-for the requirements are
the same-wishes to secure divorce IN
Canada he must resign blmself at
the outset to publicity. Publicity,
absolute publicity, is an essential to
divorce in the Domain: there is 10
such thing as securing divorce Oh
the quiet. A formal notice, couched
in the prescribed form of law, an
nouncing intention to apply for di-
vorce, giving the names Of applicant
and accused, with the ground of &C
cusation, must be inserted for six
months IN two newspapers published IN
the town or city where the applicant
resided at the time of separation. A
similar notice must also be printed III
the Canada Gazette. the official organ
of the Government.
No Court of law in the Dominion OF
Canada has anything TO do in grant
ing divorce, no Judge on any bench
has authority to consider any case IN
which the marriage contract is to be
annulled, though he may in certain
matters say whether marriage has
been solemnized or not. To obtain
divorce in Canada the applicant must
go to the Dominion Parliament. It is
in the chamber of the divorce com
,nittee OF the national Senate that he
must appear who sues for dlvorce.
The divorce committee, consisting of
nine members, has full power. 1t can
perform all the essentials of a Court
without being a Court. It's object is
to get at all the facts, not to consid-
er some and suppress others 1t is not
bound to any set Of rules or by pre-
cedents.
Prior to the consideration OF tie
application by the divorce committee
d petition to Parliament, signed by
the applicant, must be presented.
The Senator in charge of the private
hill for the divorce, OF the presen ia
ton Of the bill TO the Senate, must
also produce the proof of the service
upon the respondent Of the notice of
the intended proceedings. Follow
ing this the bill! authorizing the di-
vorce is introduced and receives the
three readings essential to all pro
posed bills. These divorce bills, in
addition to tie preamble which sets
forth the facts upon which the en-
acting clauses are based, set forth the
following essential paragraphs: ~
That the marriage is hereby dissolved.
~ That the petitioner may contract
matTimony as if Tot previously mar
eed. 81 That the children of such
remarriage shall have the same rights
as if the first marriage had never been
solemnlzed
After the second reading the bill
passes to tie divorce committee, when
the applicant for divorce must appear
and present his own case. At the con-
clusion Of the committees considera-
tion the b;, as recommended by the
committee is returned to the Senate,
where that body must pass upon it as
a committee of the whole. When this
is done the bill receives its third read
ing and passes to the lower house of
Parliament
Should it develop on mature corsid-
Grafton by. the lower house that the
divorce has lot been fairly granted,
this body may refuse to pass the bill.
Tie Senate is check upon the Senate
committee and the lower house is a
check upon both committee and Sen
ate.
When the bill has been properly en-
acted it goes to the Governor General
of the Dominion, the highest official
in Canada, for lis signature. He has
the power Of veto, but it is power
seldom exercised; it can Only be exer-
cised, indeed, on the advice of his
ministers who must be members Of
Parliament, and who are responsible
to Parliament for all his acts.
If there be those who find that they
cannot live longer together in peace,
they may elect to live separately the
rest of their lives. This separation
may be secured through any Court OF
competent Jurisdiction. The chill
dren, if there be any, may be disposed
of as seems for their interests, and the
husbands may be required to provide a
certain sum in alimony.
In this way the two become as COM
pletelv separated as though they had
never been married. They can, of
their own will. without any process Of
law, resume married life, but until
then they are to all intents and pur-
poses unmarried. But neither one
may remarry to another party, no mat
ter how long the separation continues.
Under the parliamentary law OF
Canada the divorces i'll generation
have not averaged over three year.
In Nova Scotia, New Brunswick Prince
Edwards Island and British Columbia,
containing relatively but a small por-
ton of tne whole population, divorce
Courts are still permitted, but the
Scriptural ground is the only valid
one for divorce. During thirtyfour
years the divorces granted by the
Courts in these provinces have a7erag
ed only Ia trife over six per year, and
it is probable that the number would
have been reduced to the average Of
the Dominion proper if the Parlja-
mentary law we're in force in these
provinces. The World Today.
Roanoke, ". Va, Feb. IA
special to the Times from Bluefeld,
W. Va, says: Mrs. G. McDay, of Nc
Dowell county, last night emptied the