PECUNIARY OFFENCES. 3533. Possible Compromise.In the matter of property or payments, some compromise is possible. 3534 Clear Inability.—Where a party proves to the satisfaction of the Court that non-obedience to decrees for costs and alimony arises from inability to pay, the Court will, in some cases, suspend the operation of the decree for a time, if that appears reasonable. BANKRUPTCY. 3535. Arrears Common Debts.—A bankrupt's estate is liable to a claim for arrears of alimony, upon which a dividend is payable as a common debt; so that, 3536. Retrospective Discharge.—An order of discharge in bankruptcy protects the bankrupt so discharged in respect of arrears of alimony to the date of his bankruptcy; and 3537. Prior to Order.-For all arrears in respect of which proceedings have been commenced against him prior to the order of discharge; but, 3538. Revival in Full.-A discharged bankrupt remains liable for alimony becoming due after his bankruptcy, just as if he had never been bankrupt, subject to compromise by the Court; for, 3539 Poverty.-A genuine plea of poverty will suffice to mitigate claims for alimony; and 3540. Workmen.-A workman earning 245. per week, whose only property was furniture valued at less than £5, was arrested for 445. arrears of alimony, but the Court refused to retain him in prison. APPEALS. 3541. Every Conceivable Form.-Ample provision is made in connection with the Divorce Court, for appeals in every conceivable form; so that, 3542. Against a Decree.-An appeal can be made, even against a decree, whether it be for separation, divorce, alimony, or other disposal of property; however, 3543. Costly and Difficult.-Nothing can be conceived more costly or more difficult than the prosecution of an appeal against a decree once promulgated. 3544. Unusual Evidence.—If the evidence in support of an appeal is surprisingly strong, success may be remotely anticipated; but, 3545. Generally Irrevocable.—If the evidence in support of a decree cannot be shaken, the decree itself is firmly irrevocable. EXPENSES. NECESSARILY CONSIDERABLE. 3546. The expense of proceedings, either for judicial separation or divorce, is considerable, especially when the opposition is vigorous; therefore, 3547. Fatal Bar.-It is obvious, that, in the absence of special provisions, the consideration of costs must necessarily shut the door of the Court in the face of the needy; but, 3548. Special Provisions.—Special provisions are in force in favour of those who, in addition to being extremely unfortunate in narriage, are also extremely poor. 3549. Rule of Court.-The Court has adopted a rule to meet the urgent necessities of those who are utterly unable to cope with the ordinary costs of a petition. IN FORMA PAUPERIS. 3550. A party seeking to obtain a decree of the Court, who is unable to pay the usual costs, may, in some cases, be allowed to proceed in formâ pauperis; but, 3551. Opinion of Counsel.-The Court will not suffer a petition to be presented in formâ pauperis until the opinion of counsel has been obtained that there is reasonable ground for petitioning; therefore, 3552. Necessary Contrivance. Before proceedings in formå pauperis can be commenced in the Divorce Court, the party must, somehow, contrive, first of all, to obtain the requisite expression of counsel's opinion; bearing in mind that, 3553. Intervention of Solicitor.-Counsel's opinion can only be obtained through the intervention of a solicitor; therefore, 3554. Inevitable Preliminary.-The favourable opinion of a solicitor is an inevitable preliminary. 3555. Presentation to the Judge.-When a favourable counsel's opinion has been obtained, it will suffice, upon presentation to the Judge, to ensure the acceptance by the Court of the ordinary petition and customary affidavit; provided that, SPECIAL AFFIDAVIT. 3556. No Income. The petitioner must make special affidavit that he or she has no income; and 3557. That the petitioner is not worth £25 after paying his or her debts; in which calculation, 3558. Wearing apparel is not included; and that, 3559. The petitioner is desirous of appearing in formâ pauperis. 3560. Lucrative Business a Bar.-A party who, by his business or profession, is, for the time being, capable of getting a living, although in possession of no property, cannot proceed in formá pauperis; but, 3561. Capacity Alone, no Bar.-Where a surgeon was admitted a pauper, and swore that he had no patients nor income, the Court refused to dispauperize him on the allegation of the adverse party that he was capable of earning an income. 3562. Effect of Delay.-Costs.-Where a husband, admitted to sue as a pauper, neglects to proceed in a cause, he may be called upon by summons to show cause why he should not pay costs, though he has not been dispauperized, and why all further proceedings should not be stayed until such costs are paid. 3563. Appeals.-Appeals may also be heard, subject to similar preliminaries (3549), in formâ pauperis, even though the party so suing may not have so sued in the proceedings prior to the decree. APPOINTMENT OF COUNSEL. 3564. By the Court.-As soon as the requisite steps are taken, and a petition is accordingly accepted in formâ pauperis, the Court will forthwith assign counsel and solicitor to conduct the petition without cost to the petitioner; and 3565. Binding Appointment.-An assignment by the Court, of counsel and solicitor, to conduct a petition in formâ pauperis, is binding on the petitioner; for, 3566. A petitioner in formâ pauperis to whom counsel and solicitor have been assigned by the Court, cannot appear by any other counsel, or through any other solicitor, until the Court has sanctioned a new assignment (an arrangement practically unknown except in case of death or incapacity). DIVORCE. ECCLESIASTICAL COURTS. 3567. Adjudications in matters of divorce were formerly conducted almost exclusively (3571) by the Ecclesiastical Courts; and 3568. Canon Law. The decisions of the Ecclesiastical Courts were based upon the old canon law, derived from the Church in the middle ages; but, 3569. Jurisdiction Abolished. The jurisdiction of the Ecclesiastical Courts, with reference to divorce, was abolished in 1847; since when, DIVORCE COURT. 3570. The Court for Divorce and Matrimonial Causes has acquired all requisite power for adjudication upon divorce cases. PARLIAMENT. 3571. Formerly, it was comparatively a common thing for a special Act of Parliament to be granted in order to decree a divorce which the Ecclesiastical Courts had refused, or had been unable to grant; and 3572. Supreme Power Retained.-Parliament still has the supreme power to grant divorces, over-riding the Divorce Court and everything else; but, 3573. Possible not Probable.-Though a divorce might possibly be granted by Act of Parliament, it is extremely improbable that ever such an Act will be passed again; as, 3574. Sufficiently Large Powers.-The Divorce Court is armed with much larger powers than the Ecclesiastical Courts were permitted to exercise; so that, 3575. No Necessity.—The necessity for an Act of Parliament to effect a divorce can scarcely ever arise again. HUSBAND'S CLAIM TO DIVORCE. WIFE'S ADULTERY. 3576. A husband is entitled to a divorce if he can prove his wife's adultery. 3577. Only Ground. That is the only ground he can go upon; and 3578. That is all he need prove. 3579. After Marriage.-The adultery alleged by the husband must have taken place after the marriage of his wife with him; for, 3580. Before Marriage.—Adultery or incontinence of a woman before marriage, will not, under any circumstances, entitle her after husband to petition for divorce after marriage; though, 3581. Good Defence.—If adultery by a woman before marriage was unknown to the husband at the time of the marriage, it would be a good defence if accused of desertion (3450). 3582. Necessary Evidence. With regard to the necessary evidence to establish a charge of adultery, it is considered under the head of Judicial Separation (3343). DEFENCE TO HUSBAND'S PETITION. 3583. If the adultery of the wife is denied, and the evidence (3343) is not very strong, it is likely that the petition will be dismissed; for, 3584 Onus of Proof.-When denied (3343), the onus of proof rests entirely upon the petitioner (3353). ADMISSION. 3585. The admission of a charge of adultery, so far as the incriminated party is concerned, is fatal to any defence whatsoever; for, 3586. No Justification.-Where the adultery is proved or admitted, no justification will be entertained by the Court for the offence. 3587. Inevitable Penalty.-The wife has incurred the penalty of divorce; and 3588. Nothing that she can urge will screen her from punishment so far as she is concerned (3591); but, 3589. The question does not end there. CONNIVANCE, 3590. Theory of the Law.-The theory of the law with regard to judicial separation and divorce is that they are punishments inflicted upon the guilty for the protection and relief of the innocent; therefore, 3591. Cross Purposes.—If the husband desires or sanctions his |