Bill-Chamber. That at all events, the judgment of divorce ought to have been qualified by a reservation, to shew that the legal effect of the divorce upon civil rights of the parties was a point not thereby decided, but was open to be tried by the court of Session, which was the only competent authority in the first instance.1. At this time the family consisted of ten children, one of whom was dangerously ill; and as the respondent was desirous to disconnect herself from her husband without his knowledge, and to take her children along with her, she alleged that she was obliged to have recourse to a stratagem; that with this view she sent part of the family to the country; and having ascertained that he was to dine from home on a certain day, she made arrangements for carrying off the children who were in the house, and those who were in the country meeting her on the road. A husband would be degraded to infamy by exercising such forbearance towards the vices of his wife, which on her part, when he is the offender, may be not only execused, but applauded, as dictated by amiable and virtuous feelings. That afterwards the defender and the said Charlotte L. Sutherland, at least a female and not the pursuer, went to Paris, and resided there during the months of October, November, and December 1817, and, of January, February, March, and April in the year 1818, lodging and sleeping at different hotels, and particularly in the Hotel Valois, Rue de Richelieu, No. That the allegations in the condescendence relative to the plea of remissio or forgiveness may be a good defence as to past wrongs, but it is not a license to commit in future the like offences with impunity, and the privilege of using it may be lost by a repetition of the offence. These considerations it can hardly be doubted, must be allowed weight in all such instances; and therefore the Lord Ordinary inclines to think that many circumstances will, where remission is pleaded against an action of divorce where the wife is pursuer, be often disallowed to infer that conclusion which would have borne an opposite construction if pleaded against a husband, to whom most of them cannot apply, and who is degraded even by exercising that for bearance towards the vices of his wife, which, on her part towards her husband, is often the result of the most amiable feelings, and which, instead of lowering, not unfrequently exalts her character in the world.The Lord Ordinary is, therefore; in this case, more than doubtful whether the circumstances alleged to have taken place before the defender’s having withdrawn to France, can be held as relevant to infer the plea of remission. Four members of a single family in New Zealand have tested positive, sending Auckland into lockdown. Some time thereafter Mr Ford returned from France, and came to Durham, where he was received by the respondent, who stated that was entirely ignorant of the criminal connexion, and supposed that he had been induced to go abroad to avoid the diligence of his Scottish creditors. A wife having brought an action of divorce, on the ground of adultery, against her husband, which was opposed by the trustee for his creditors, so far as related to the pecuniary consequences; and the wife having emitted an oath de calumnia, and denied collusion; and the trustee having offered a proof of collusion; and the guilt of the husband having been established;— Held, (affirming the judgment of the Commissaries and the Court of Session), 1. That the facts stated in the condescendence were perfectly relevant to infer the defence of remissio injuriæ. That the decerniture was precisely in the established and proper form, and was the legal consequence of the finding that her husband had been guilty of adultery.The House of Lords “ordered and, adjudged that the appeal be dismissed, and the interlocutors-complained of affirmed.”Solicitors: A. Gordon— Spottiswoode and Robertson—Solicitors


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