13. Forms of Issues in actions for Breach of Promise of Marriage and for Seduction. (1.) Damages for Breach of Promise of Marriage. 18 the defender Whether, in or about the month of promised and engaged to marry the pursuer, and whether the defender wrongfully failed to implement the said promise and engagement, to the loss, injury, and damage of the pursuer? DAMAGES laid at £ (2.) Damages for Seduction. 18 Whether, for some time previous to the month of the defender courted the pursuer, and professed intention to marry her (or, if no specific promise of marriage is averred, say professed honourable intentions towards her), and whether, by means of such courtship and professions, the defender, in or about the month of 18 seduced the pursuer, and prevailed upon her to permit him to have carnal connection with her, to her loss, injury, and damage? DAMAGES laid at £ N.B. When damages are asked both for breach of promise and for seduction, and both the above forms of issue are used together, there should be a separate schedule of damages for each issue. See Paton v. Brodie, 20 D. 258. (3.) Damages for Seduction of Married Woman and Adultery. Whether, between the month of 18 and 18, the defender did seduce and commit adultery with A. B. or C., then the wife of the pursuer, in the house at (specify place) and did maintain an adulterous connection with her in said house (specify other places if any), to the loss, injury, and damage of the pursuer? DAMAGES laid at £ Note. I have not thought it necessary to print the statutes dealing with Registration. They are: (1.) 17 & 18 Vict. c. 80. (2.) 18 Vict. c. 29. (3.) 23 & 24 Vict. c. 85. (4.) 41 & 42 Vict. c. 43. (5) 42 Vict. c. 8, § 2 (Army). The marriage schedule now in use is the following: SCHEDULE OF MARRIAGE (C). Pursuant to 17 & 18 VICTORIE, Cap. 80, Sec. XLVI., and 23 & 24 VICTORIE, Cap. 85, Sec. XV. ACT 1573, CAP. 55. 461 APPENDIX II.-STATUTES. No. I. ACT ALLOWING DIVORCE FOR DESERTION, 1573, CAP. 55. Anent thame that divertis fra vtheris being joynit of befoir in Lauchfull Mariage. IT is fundin and declarit be our Souerane Lord my Lord Regentis grace, the thre Estatis, and haill bodie of this present Parliament, That in all times bypast sen the trew and Christiane religioun was publictlie preichit, awowit, and establischit within this realme, namelie sen the moneth of August the yeir of God ane thousand five hundreth threscoir yeiris, it hes bene, is, and in all tyme cuming salbe lauchfull, that quhatsumeuer persoun or persounis joynit in lauchfull matrimonie, husband or wife, divertis fra utheris companie without ane ressonabill caus alledgeit or deducit befoir ane judge, and remanis in thair malicious obstinacie be the space of four yeiris, and in the meane time refusis all preuie admonitiounis, the husband of the wife, or the wife of the husband, for dew adherence, that than the husband or the wife sall call and persew the obstinate persoun offendar befoir the Judge Ordinar for adherence; and in case na sufficient causis be alledgeit quhairfoir na adherence suld be bot that the sentence procedis aganis the offendar refusand to obey the samin, the husband or the wife sall mene thameselfis to the superiour magistrate, videlicet, the Lordis of Sessioun, and sall obtene letteris in the four formes conforme to the sentence of adherence; quhilk charge being cotempnit and therefoir being denuncit rebell and put to the horne. Than the husband or the wife to sute the spiritual jurisdictioun and power, and require the lauchfull archibischop, bischop, or superintendent of the countrie quhair the offendar remanis, to direct preuie admonitiounis, to the said offendar, admonisching him or hir as befoir for adherence: quhilkis admonitiounis gif he or scho contempteouslie disobeyis, that archibischop, bischop, or superintendent to direct charges to the minister of that parochin quhair the offendar remanis, or in case thair be nane, or that the minister will not execute to the minister of the nixt adiacent kirk thairto, quha sall proceid aganis the said offendar with publict admonitiounis, and gif they be contempnit to the sentence of excommunicatioun: quhilk anis being pronuncit, the malicious and obstinat defectioun of the partie offendar to be ane sufficient caus of diuorse, and the said partie offendar to tyne and lois thair tocher, et donationes propter nuptias. Declaring under what circumstances marriages solemnised in Scotland shall be valid. Certificated copy of entry by sheriffdepute that parties were married, and that one of them lived in No. II. 19 & 20 VICTORIE REGINE, CAP. 96. An Act for amending the Law of Marriage in Scotland. WHEREAS it is expedient to amend the law touching Marriages in 1. After the thirty-first day of December One thousand eight hundred and fifty-six, no irregular marriage contracted in Scotland by declaration, acknowledgment, or ceremony shall be valid, unless one of the parties had at the date thereof his or her usual place of residence there, or had lived in Scotland for twenty-one days next preceding such marriage; any law, custom, or usage to the contrary notwithstanding. 2. If any persons who shall have contracted an irregular marriage in Scotland after the day and year aforesaid shall within three months thereafter present a joint application for a warrant to register such marriage to the sheriff or sheriff-substitute of the county where such marriage was contracted, and shall prove to his satisfaction that they have been married to one another, and that one of them had lived in Scotland Scotland for twenty-one days next preceding such marriage, or had his twenty-one or her usual residence in Scotland at the date thereof, such sheriff or days preceding such marriage, sheriff-substitute shall certify the same under his hand, and shall conclusive as to thereupon grant warrant to the registrar of the parish or burgh in its validity. which the marriage was contracted, who shall forthwith enter such marriage in the register of marriages kept by him, in terms of an Act of the seventeenth and eighteenth years of Her present Majesty, chapter eighty; and any certified copy of such entry, signed by such registrar, and which such registrar is hereby required and empowered to give, charging for the same the sum of five shillings, shall be received in evidence of such marriage, and of such residence or of such previous living twenty-one days in Scotland, in all Courts in the United Kingdom and dominions thereunto belonging. No conviction for, nor registration of irregular marriage, 3. It shall not be lawful, after the date aforesaid, to convict any parties of having irregularly contracted marriage, unless there shall be adduced to the justice or justices of the peace, magistrate or magistrates, before whom the complaint against such parties has been without proof brought, sufficient proof, other than the acknowledgment of such parties, that one of them had at the date thereof his or her usual residence in Scotland, or had lived in Scotland for twenty-one days next preceding such marriage; nor shall it be lawful for any registrar of previous residence. BANNS -CONJUGAL RIGHTS. 463 of births, deaths, and marriages in Scotland to register any marriage under the provisions of the said recited Act, on the production of an extract of a conviction for having irregularly contracted marriage, unless such conviction shall bear that such sufficient proof as aforesaid was so adduced. No. III. 49 VICTORIA REGINE, CAP. 3. An Act to remove Doubts as to the Validity of certain Mar- 1. No marriage solemnised, or to be hereafter solemnised, in any church in England, after publication of banns in such church, shall be, or be deemed to have been, invalid by reason only that one of the parties to such marriage was at the time of such publication resident in Scotland, and that banns may have been published or proclaimed in any church of the parish or place in which such party was resident, according to the law or custom prevailing in Scotland, and not in the manner required for the publication of banns in England. 2. This Act may be cited as the Marriages Validity Act, 1886. No. IV. 24 & 25 VICTORIA REGINE, CAP. 86. An Act to amend the Law regarding Conjugal Rights in WHEREAS it is expedient to amend the law of Scotland relating to band may 1. A wife deserted by her husband may, at any time after such Awife deserted desertion, apply by petition to any Lord Ordinary of the Court of by her husSession, or in the time of vacation to the Lord Ordinary on the Bills, apply for an for an order to protect property which she has acquired or may acquire order to protect property |