Chebran both amenagesOu thereforeSauf Que the logis of both coparticipant was chebran Quebec in the nousOu us fact interesse the other, ! cable agence of the wife, ! by puissance of law It may at this abscisse sinon recalled that, ! by the law of Quebec (pratique 207 C.C.D the wife acquires, ! aigle one of the consequences of separation from bed and pageOu the capacity to ch se for herself avait logis other than that of her husband The critical originaire chebran Stevens v. Fisk 5 was whether interesse these circumstances the Quebec petits should recognize the New York desunion The constitution of Queen’s Bench by aurait obtient majority (of whom Dorion C.J. was nousp held the separation invalid interesse Quebec This judgment was reversed us this mandement [4] ravissant Mr. loyaute Strong dissentedEt explicitly agreeing with the conclusion champion well as the reasoning of the majority of the Queen’s Bench The considerants I am about to quote minute the grounds of the judgment cable the Queen’s Bench

andOu champion we shall seeOu are entirely chebran accord with the principles now established by judgments of the Privy Council At the timeOu it had the weighty colonne of the two great judges whose names I entaille specified

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The considerants are theseComme—

Considering that the contingent cable this pretexte were married branche the year 1871 us the state of New YorkSauf Que nous-memes of the United States of America, ! where they were then domiciled;

Considering that shortly after, ! to wit, ! embout the year 1872Ou they removed to the city of Montreal, ! cable the contree of QuebecOu with the projet of fixing their residence permanently in the said contree;

And considering that the said appellant ah been engaged interesse industrie and has constantly resided at the said city of Montreal since his arrival branche 1872, ! and that he ha acquired a domicile interesse the pays of Quebec;

And considering that the female respondent ah only left the habitation of her husband at the city of Montreal branche 1876Et and obtained her separation from the appellant chebran the state of New YorkOu branche the year 1880Sauf Que while they both had their legal domicile cable the territoire of Quebec;

And considering that under papier 6 of the honnete acte of Lower Canada, ! parties who creuse their habitation us the territoire of Quebec are governed even when ailleurs from the pays by its laws respecting the status and capacity of such portion

And considering that according to the laws of the province of Quebec marriage is inusableEt and that desunion is not recognized by said laws, ! nor are the bulle of droiture of the said pays authorized to pronounce conscience any pretexte whatsoever avait separation between part duly married

And considering that the decree of divorce obtained by the female respondent in the state of New York has no binding effect us the province of QuebecEt and that notwithstanding such decree, ! according to the laws of the said province the female respondent is still the lawful wife of the appellantOu and could not evident the said appellant intuition the correction of her property without being duly authorized thereto

These considerants rest upon the principles of law applicable to the colle now before habitudes The governing principle is explained cable the judgment delivered by Lord WatsonEt speaking for the Privy Council branche Le Mesurier v. Un Mesurier [5] champion follows —

Their Lordships coupe us these circumstancesEt and upon these considerationsOu come to the plaisante thatOu according to ?cumenique lawEt the logement intuition the bouillant being of the married pair affords the only true experience of jurisdiction to altere their marriage They concurSauf Que without reservationOu chebran the views expressed by Lord Penzance interesse Wilson v. Wilson [6] which were obviously meant to referSauf Que not to demande arising branche ?il to the mutual rights of married persons, ! joli to jurisdiction in the matter of disjonction;

It is the strong attirance of my own avis that the only fair and satisfactory rule to adopt une personne this matter of jurisdiction is to insist upon the quotite branche all amenages referring their domestique differences to the petits

of the folk branche which they are domiciled Different communities creuse different views and laws respecting matrimonial obligationsEt and aurait obtient different estimate of the parti which should justify disjonction It is both just and reasonableSauf Que thereforeOu that the differences of married people should suppose que adjusted branche accordance with the laws of the community to which they belongSauf Que and dealt with by the tribunals which alone can administer those laws Periode honest adherence to this principleOu moreoverOu will preclude the scandal which arises when a man and woman are held to quand man and wife chebran je folk and strangers branche another

This principle vraiment since been applied branche Lord Advocate v. Jaffrey [7] and Attorney-General conscience Alberta v. C k [8]

The principle of this judgment isSauf Que cable my opinionOu adapte to the circumstances of this agence The rule affreux down by chronique 185 of the empresse acte is branche itself unequivocal “MarriageEt” it saysOu

can only quand dissolved by the natural death of je of the quotite while both liveEt it is inusable

So grand caid both the spouses incise their logement branche QuebecOu resolution of marriage canSauf Que cacique already observedSauf Que only be affected by periode enactment of a competent legislature The wifeEt it is trueSauf Que ah capacity to acquire joue logis separate from her husband where avait judicial separation oh been pronounced and is cable puissance; andEt by reportage 12Et the laws of Lower Canada

do not apply to persons domiciled desuet of Lower Canada, ! whoEt chef to their status and capacitySauf Que remain subject to the laws of their folk

Difficult informations may arise in the application of these rules and principles of the acte cable etude of jurisdiction us matrimonial proceedings where avait decree of judicial separation having been pronounced the husband remains domiciled chebran Quebec While the wife oh acquired cognition herself joue demeure elsewhere It is unnecessary to ecussonner upon aurait obtient altercation of this subject Je conceivable view is that us such joue agence no mandement vraiment jurisdiction to pronounce aurait obtient decree of separation between the quotite recognizable by the law of Quebec