(_dos_), and to pay or implement to the wife all her provisions, legal or conventional; and the offending wife forfeits her terce, and all that would have come to her had the marriage been dissolved by the predecease of the husband. By analogy the same consequences have been extended to the case of divorce for adultery, with this exception, that it appears to have been decided, upon very questionable grounds, that the offending husband in the case of adultery is not bound to restore the tocher.... After divorce, both parties are at liberty to marry again; but the Act 1600, c. 20, annuls any marriage contracted between the adulterer and the person with whom he or she is declared by the sentence of divorce to have committed the offence.” This extract, though somewhat lengthy, seems to give every essential point of the Scottish law of divorce in a clear, easily-understandable, form. With the exception of the law of 1600, which forbids the subsequent marriage of the defender and co-defender--a harsh and unnecessary condition--Scotland does not appear to be too ill-favoured in her machinery for dealing with divorce. Indeed, there are other branches of Scottish law, on which it is intended to touch in this work, which contain a better perspective of justice than similar branches of law in this country. Bodies of law grow up by a gradual process, and this gradual process generally tends to blunt the faculties of criticism; the law as it is seems a part of nature, whereas it is often little else than a bad habit! For persons with a certain taste for legislative phraseology, the existing Divorce Act, 1857, will be found interesting. It is the desire of the writer to suggest certain alterations, or amendments--or the repeal of the Act, with new legislation of a common sense kind to take its place. To summarise in a few words the purpose of this chapter, the requirements of the day seem to indicate the necessity for:-- (1) A Divorce Court, with a judge or judges exclusively occupied with matrimonial causes. (1a) The transference of Probate and Admiralty work to the Chancery and King’s Bench Divisions respectively. (2) The granting of divorce to either party where domiciliary separation has existed for one year. (3) The granting of divorce to either party where both parties have misconducted themselves (in such cases the custody of any children to be shared by the parents--six months out of each year the right of custody to vest in the mother, and six months in the father). (4) The abolition of the judicial separation; also, of the separation by deed. (5) The abolition of the petition for the restitution of conjugal rights. (6) One decree of divorce to be final and absolute at the time of granting--consequent abolition of the existing form, the “decree nisi” and the “decree absolute,” with the objectionable six months’ interval