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Conjugal Rights (Scotland) Amendment Act 1861
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- 1861 c. 86
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1.A Wife deserted by her Husband may apply for an Order to protect Property which she has or may acquire by her own Industry, or which she may succeed to.
2.Husband or Creditor may apply by Petition for Recal of Order.
3.Interlocutors may be reviewed. How long Order of Protection to continue operative. No Action of Adherence competent while Order subsists.
4.After Interlocutor of Protection is pronounced, Property of Wife to belong to her as if unmarried.
5.Order of Protection to have Effect of Decree of Separation.
6.In case of Separation the Property of the Wife to belong to her exclusively of the Jus mariti and Right of Administration ; also for Purposes of Contract and suing.
8.Lord Advocate may enter Appearance in Actions for Nullity of Marriage and Divorce.
9.In Action for Separation, Court may make Interim Orders with respect to Children.
10.In every Consistorial Action the Summons to be served on Defender personally when not within Scotland.
11.Not necessary to institute an Action of Adherence against Defender prior to Action for Divorce.
16.When a married Woman succeeds to Property, &c., Husband or Creditor not entitled to claim the same.
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