Cruelty-continued.

attempted violence may be, 63.

by communication of disease, 64.

venereal disease, 64.

whether cruelty when wife is not infected, 65.

confining wife to house, 65.

committed during insanity, 66.

constructive, 67.

by wife, 68.

condonation of, 68.

disease, 67.

what amount of cruelty is good defence in adherence? 96.
Curator, wife cannot be, 162.

may sue nullity of marriage on ground of insanity, 7.
Custody, power to Court of Session to regulate, 72.
Sheriff no power to give permanent custody, 72.
father has prima facie right to, 73.

effect of Conjugal Rights Act, 73.

guilty husband not necessarily deprived of, 74.

may be decerned for though no conclusion for, 75.

weight of English cases as to, 75.

order as to custody may be varied, 75.

when mother is entitled to, 77.

her right is personal, 78.

may property be seized to compel obedience to order as to? 323.
should petition for interim custody be to Lord Ordinary? 323.

See ACCESS.

Damages, woman entitled to, who has been entrapped into supposed marriage
with married man, 12.

for breach of promise, 285.

seduction, 297.

Death-bed, is reduction on this ground still competent? 222.

Debts, Ante-nuptial. See ANTE-NUPTIAL DEBTS, 190.

Declaration, marriage by. See CONSTITUTION.

Delay. See Mora.

Delicts and Quasi-Delicts of Wife, wife liable for her own, 273.

when she is husband's agent, 273.

wife may be imprisoned for, 274.

cannot be fined stante matrimonio if she has no separate estate, 274.
when she may be arrested as in meditatione, 274.

husband must be called in actions on, 274.

Desertion, as ground of divorce by 1573, c. 55, 33.
See ACT IN APPENDIX, 461.

is it desertion to refuse marital intercourse? 34.
pursuer must have been willing to adhere, 34.
privy admonitions not always necessary, 35.

need not be in Scotland, 35.

offers to adhere, 36.

separation may become, 36.

when pursuer of divorce for desertion is barred, 37.

Desertion-continued.

must be malicious, 38.

voluntary separation no defence, 39.

what degree of cruelty is good defence? 40.

what is desertion under Conjugal Rights Act? 271.
effect of husband's desertion on wife's domicil, 345.

summonses of divorce for, 457.

jurisdiction when husband has deserted and acquired foreign domicil, 434.
See JURISDICTION, DIVORCE.

Divorce, grounds for in Scotland, 33.

See ADULTERY, DESERTION.

is cruelty good defence if less than would ground separation? 40.
who may raise ? 42.

defend? 42.

marriage must first be proved, 43.

parties how far compellable witnesses, 43.

defences. See CONDONATION, CONNIVANCE, COLLUSION.

bars to divorce for desertion, 37.

effect of divorce on property, 196.

is guilty husband bound to restore tocher? 197.

no retro-active effect, 197.

effect of divorce on donations, 197.

when decree may be reduced, 321.

is perjury ground of reduction ? 322.

in England, 328.

styles of summonses for, 456, 457, 458.

See FOREIGN DIVORCE, JURISDICTION, ENGLISH LAW, EVIDENCE.

Domicil, of wife as affecting liability for ante-nuptial debts, 190, 417.

of choice, 342.

origin, 342.

evidence of person whose domicil is disputed, 342.

wife takes domicil of husband, 343.

what if marriage is found null ? 343.

husband may change, 343.

can wife have separate? 345.

not in virtue of voluntary separation, 345.

where husband has deserted wife, 345.

after judicial separation, 346.

of widow or divorced wife adheres till changed, 347.

is capacity determined by law of? 349.

is person under prohibition to marry incapax? 349.

is law of Scotland same as law of England as to capacity? 353.

can consent to marry prescribed by law of domicil be dispensed with? 356.
marriage absolutely forbidden by law of, 360.

where parties have different, 363.

does validity of foreign minor's contracts depend on 364.

capacity of wife to contract depend on ? 368.

where she has separate estate by law of, 369.

wife with separate estate acquires Scotch, 370.

transfers of moveables good irrespective of domicil of parties, 371.

may persons with Scots domicil contract irregular marriage abroad? 372.

Domicil-continued.

in marriage under Foreign Marriages Act, 378.

places subject to exterritoriality, 379.

marriages on board ship, 382.

marriage good by law of domicil if no lex loci available, 386.
of Scotsman in British army or navy, 383.

marriage with deceased wife's sister good by law of, 389, 393.
paramour, where good by law of, 393.

in breach of Royal Marriages Act good by law of, 395.

essentials of marriage depend on, 400.

where change of domicil contemplated at marriage, 401.

husband's domicil is changed during marriage, 403.

may husband destroy claim to jus relictae by change of domicil? 406.
change of domicil alters personal rights, 408.

does it affect wife's right to acquisita? 411.

the rule in America as to this, 412.

will change of domicil give husband acquirenda of wife? 414.

does not affect rights in heritage, 414.

change of domicil where there is a marriage contract, 415.

effect of change of domicil on donations between spouses, 416.

wife's change of domicil on marriage on liability for wife's debts, 417.
change of domicil during marriage on liability for wife's debts, 419.

fixes legitimacy, 420.

what of marriage prohibited in Scotland? 420.

effect of domicil of father in legitimation per subsequens matrimonium, 421.
must his domicil both at child's birth and at marriage be looked at ? 422.
Donations inter Virum et Uxorem, origin of rule as to, 125.

INDEX.

Donations inter Virum et Uxorem-continued.

divorce effects revocation, 141.

does adultery of donee effect revocation? 141.
revocation need not be intimated, 141.

right to revoke barred by homologation, 141.

not by ratification or prescription, 142.

nature of donee's right, 142.

advances by wife, when, 143.

when shares bought by husband for wife are, 238.

effect of change of domicil on, 416.

497

Election, wife's right to elect between legitim and provisions in father's will,

181.

widow's right to elect between legal and conventional provisions, 212.

must be made in full knowledge, 212.

acceptance may be implied, 213, 227.

when widow must elect between jus relictae and provisions, 226.

long delay no bar to repudiation, 227.

effect of election on division, 228.

Election Law, wife no parliamentary vote, 304.

husband's vote for wife's heritage, 304.

wife must be owner, 304.

where trustees have power to convert, 304.

but need not have made up title, 304.

where husband is sequestrated, 305.

husband of tenant has no vote, 306.

what wives may vote in municipal elections, 306.

not eligible as town councillors, 306.

county councils, 306.

wife may vote for or sit on school board, 306.
parochial boards, 307.

English Law, constitution of marriage, 325.

no irregular marriage, 325.

regular marriage, 326.

consents, banns, 326.

licence, registrar's certificate, 327.

divorce, grounds of, 328.

power to vary settlements, 329.

patrimonial effects of, 330.

aliment to guilty wife, 330.

judicial separation, 330.

right of wife in husband's estate during marriage, 331.

husband in wife's estate during marriage, 331.

real estate of wife, former law, 331.

right to curtesy still exists, 332.

liability for wife's ante-nuptial debts, 332.

husband's liability as contributory on wife's shares, 334.

liability in wife's contracts, 334.

on her torts, 336.

wife's liability to maintain husband and children, 337.
wills of wife, 337.

English Law-continued.

no indefeasible rights of succession, 338.

husband's rights of succession in wife's estate, 338.

English Married Women's Property Act, 1882, 476.

Equity to Settlement, 144.

Error, in inducing marriage, 87.

must be as to identity, 88.

Evidence, husband or wife of party compellable witness by 16 Vict. c. 20, 485.
but not in criminal proceedings, 485.

nor as to facts communicated by other spouse, 485.

competent in divorce for adultery, by 37 & 38 Vict. c. 64, 43.

but not bound to answer as to adultery, 43.

divorced spouse as witness, 276.

is wife competent when husband is charged with others? 277.
rule as to penuria testium, 277.

spouse personally injured may be witness, 278.

but bigamy is not personal injury, 279.

spouse as production, 280.

where marriage is disputed, 280.

in proceedings under the Public-Houses Acts, 280.

tending to criminate other spouse, 281.

of spouses admissible by statutes, 282.
admissible in bankruptcy, 283.

of consent to marry.

See MARRIAGE, CONSTITUTION, HABIT AND Repute,

PROMISE, subsequente copula.

of adultery. See ADULTERY.

breach of promise. See BREACH OF PROMISE.
oath of calumny, 319.

identification of defender in divorce, 320.

res judicata in consistorial cases, 320, 321

must be led in consistorial case, 316.

what cases are consistorial, 316.

of service, 317.

photograph of defender admitted, 320.

of party whose domicil is in question, 342.

agent in consistorial cause, 485.

Executors, may they sue or be sued in breach of promise, 292.

does widow's right to terce transmit to, 215.

husband's courtesy does not transmit to, 232.

cannot claim pin-money, 263.

could not sue for widow's aliment, 269.

damages for seduction may be sued for against, 297.

Expenses, liability of husband for wife's, 114.

when wife has separate estate, 114.

husband refuses to concur, 115.

in actions between spouses, wife defender, 117.
where wife has no separate estate, 117.

husband is on poor's roll, 118.

has wife absolute right to, 118.