wife's adultery for the purpose of procuring a divorce, the Court, rather than gratify him, will let the wife go unpunished.

CONNIVANCE NOT COLLUSION.

3592. In considering the effect of alleged connivance at adultery, it is important that it should not be confounded with "collusion," which comes under notice later in the order of events (3704).

STRICT PROOF NECESSARY.

3593. Alleged connivance at adultery, to be of any avail, must be strictly proved.

INSUFFICIENT PROOFS.

3594. Negligence.—If connivance is urged as a defence to a charge of adultery, it must be proved to have been something more than mere negligence; or,

3595. Inattention; or,

3596. Indifference (3614); or,

3597. Dulness of apprehension; for,

3598. Brutal Behaviour.—Mere indifference expressed by means of brutal behaviour; or,

3599. Obscene and disgusting language; or,

3600. Entire disregard of appearances, will not be accepted as proof of connivance.

CONNIVANCE MUST AMOUNT TO CONSENT.

3601. Direct. To make the plea of connivance good as against a charge of adultery, it must be proved that the petitioner directly indicated consent; or,

3602. Indirectly expressed acquiescence ;

3603. Whether active or passive matters not;

3604. Either express language, or inference deduced from facts and conduct, will do; thus,

IMPLIED CONNIVANCE.

3605. Mary married John in 1833. Mary, since 1835, lived. apart from John under a voluntary deed of separation. About 1842 John commenced an adulterous intercourse with Julia, which continued till the date of the trial. Mary was aware of the adultery between John and Julia. Mary petitioned for judicial separation, but a jury decided against her on the ground of connivance.

3606. Non-Interference.-When such a state of things exists as

would reasonably result in the wife's adultery, whether brought about by the husband or not, and he, intending that adultery should take place, does not interfere when he might do so, he is impliedly guilty of connivance.

3607. Apparent Acquiescence.-The House of Lords has decided on appeal (3779) that if a husband wilfully abstains from taking steps to prevent an adulterous intercourse which appears to him to be imminent, he is guilty of connivance, though there may be no corrupt intention on his part; but,

3608. Mere Contributory Conduct.-To constitute connivance, within the meaning of authoritative decisions, it is not sufficient to show that the husband's conduct actually contributed to the wife's adultery;

3609. Manifest Intention.—It must be shown that he intended it should; for,

3610. Imprudence no Evidence.-Mere imprudence and error of judgment is not connivance ;

3611. Lack of Wisdom.—“The honesty of his intentions, not the wisdom of his conduct, must be considered."

3612. Comparative Rule.—It has been ruled that whereas condonation may be meritorious, especially in a wife, connivance necessarily involves criminality, and must be viewed accordingly.

3613. Introduction to a Prostitute.-Where a husband introduced his wife to a woman of loose character, he was not held to have been guilty of connivance, because it could not be proved that such introduction occasioned the wife's adultery; but,

3614 Total Indifference.—Where a husband was totally indifferent to his wife's conduct, and did not interfere, though he knew she was living as the mistress of another man, it was ruled that his conduct necessarily barred the success of his petition.

3615. By Procuration.—In one case, where the husband's petition was dismissed, it was proved that he had signed a deed between himself, his wife, and the co-respondent, virtually transferring her for a consideration.

3616. Proved Frailty. When a husband marries a woman, whom he has seduced before marriage, he is held bound to exercise more than ordinary care over her actions, and his neglect to do so may be taken as proof of collusion.

3617. Desertion.-A wife had been living for years in adultery, the husband remaining abroad for ten of those years, so that his wife believed him to be dead; and the husband's petition was dismissed on the obvious ground of connivance.

BEFORE THE FACT.

3618. In order to establish connivance by a husband at his wife's adultery, it is not requisite that he should be an accessory before the fact; for,

3619. Reason Sufficient.—It is sufficient, if he had reason to suppose that adultery would result from transactions which he approved of and consented to.

CONDONATION.

3620. Definition.-The legal definition of condonation of adultery is where the husband or wife, knowing of the adultery of the other, admits him or her afterwards to intercourse as husband and wife; or,

3621. Offence Blotted Out.-Condonation has been described as a "blotting out of the offence so as to restore the offending party to the same position he or she held before the offence was committed; " but, FORGIVENESS INEFFECTUAL.

3622. Mere forgiveness is not condonation; and

3623. Words Worthless.—Words, however strong and unqualified, can only be regarded as imperfect forgiveness; and

3624. Real Reconciliation.-The fullest forgiveness is insufficient unless it be followed by something which amounts to a reconciliation; in short,

3625. Conjugal Intercourse.-Before admitting a plea of condonation the Court claims the most unqualified evidence of the complete restoration of conjugal intercourse.

3626. Specific Offence.-The knowledge of, and condonation of, an adultery with Peter, is no answer to a charge of adultery with Paul; but,

3627. Too Easy Condonation.—If adultery with many Peters has been condoned with unreasonable alacrity, two or three Pauls more or less will not convict the wife sufficiently to sustain the husband's petition; yet,

3628. Condonation not Prospective.-Knowledge and easy condonation of former acts of adultery has not been considered a bar to a husband's petition, on account of a new discovery of adultery four years later.

3629. Refusal to Investigate.-If a husband is positively informed that his wife has committed adultery, and refuses to believe or investigate the charge, and continues living with his wife, he bars his right to a divorce on account of that adultery.

CERTAIN FAILURE.

3630. "Not Guilty."—If a husband, petitioning for a divorce,

fails to produce evidence (3343) enough to satisfy the Court of the

wife's adultery; or,

3631. Connivance.—If his connivance is proved in evidence; or, 3632. Condonation.—If he is found to have effected condonation, the dismissal of the petition is certain; but,

3633. Case not Exhausted.—" Not guilty," or "connivance," or "condonation," are not the only answers to a husband's petition for divorce.

DISCRETION OF COURT.

3634. There are bars to obtaining a divorce which are very much at the discretion of the Court; and

3635. Extraneous Evidence.—The discretionary jurisdiction of the Court extends to evidence which neither the husband nor the wife may produce.

ADULTERY OF PETITIONER.

3636. One of the most likely bars to obtaining a divorce is the proved adultery of the petitioner.

3637. Change of Rule.-Formerly, it was a rule with the House of Lords that when adultery was committed by a husband between the time of the wife's adultery and the time of his claiming a divorce, his delinquency in that respect should be no bar to his petition, but the practice of the Divorce Court has been otherwise; so that,

3638. No Qualification.—Adultery proved against the husband, whether previously or subsequently to the adultery charged against the wife, is a ground for dismissing the husband's petition.

3639. Antecedent Adultery.—If the adultery of the husband has been flagrant previously to that charged against the wife, the husband, if his delinquency is proved, has no chance of success.

3640. Subsequent Adultery.-Subsequent adultery of the husband has been equally held to be ample justification for putting the husband out of Court.

3641. Wife's Elopement no Excuse.—In a case where a wife eloped and the husband was proved to have committed adultery afterwards, even though it was pleaded that his adultery was a necessary consequence of the elopement, his right to a divorce was barred and his petition dismissed.

3642. Virtually an Absolute Bar.-Though the Court has it in its discretion to grant a divorce in answer to the husband's petition, even though adultery is proved against him, the exercise of that discretion is so rare that it may be concluded that adultery by the husband is an absolute bar to his petition; so much so, that,

3643. Candid Confession no Palliation.—When the case of a

husband had been proved, and he tendered himself for further examination of the circumstances, his candid confession that he had on one occasion committed adultery during the temporary absence of his wife, defeated him, and his petition was dismissed.

UNREASONABLE DELAY.

"

3644. "Slumbering" over Misfortune.-The Court will be indisposed to believe a party who appears to have slumbered in sufficient comfort over his misfortune," and will be inclined to infer either an insincerity in the complaint, or acquiescence in or condonation of the injury; yet,

3645. Not Invariable.—Though delay is dangerous, it is not an invariable bar to success; in one case,

LACK OF FUNDS.

3646. A lapse of nine years from the admitted discovery, and nineteen years from the fact, was not held to be a bar to a husband's petition, he having shown that he was not able, from lack of funds, to take proceedings, because the Divorce Court was not, during the lapse of time, established, and the only alternative was the House of Lords, which was hopelessly above his means; and

3647. Consequent Interval.-Where a husband was compelled to abandon a suit against his wife for divorce for want of funds, it was held that the consequent delay was no bar to his seeking a divorce as soon as he was in funds sufficient.

3648. Delinquent Abroad.-Delay, in one case, was held to be no bar, because it was urged that the wife had been absent in America; and, in addition to that difficulty,

3649. Afflicting Consequences.-The petitioner was unable, in consequence of his affliction, to attend to business.

3650. Neglect of Agent.-Neglect of an agent to take sufficiently prompt proceedings was judged to be sufficient excuse for a delay of two years; finally,

3651. Evidence of Indifference.—" Unreasonable delay" must be delay that would make it appear that the petitioner was indifferent to the loss of his wife; but,

WHEN FATAL.

3652. Desire to Marry Again.—If a husband, though cognizant of his wife's adultery, treats it with indifference, and is only induced to proceed against her because he has found another woman he desires to marry, he will, on proof of such circumstances, have no chance of success.