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Clause 2, page 2, line 9, leave out from ("fit,") to the end of the subsection, and insert ("for the payment by the pursuer, or out of any estate belonging to him or held for his behoof, or, in the event of his predeceasing the defender, by his executors, of a capital sum or an annual or periodical allowance to or for behoof of the defender and any children of the marriage.")
LORD ALNESSMy Lords, I beg to move that this House doth agree with the Commons in their Amendment. This Amendment in one particular limits and in others extends the power of the Court with regard to the patrimonial consequences of a decree of divorce pro- 940 nounced on the ground of insanity. Originally it was provided that a payment might be made to or for behoof of either party to the action. Now the power is limited to ordering payment to or for behoof of the defender in the action. It was felt in the Scottish Grand Committee that it would be inequitable that a person divorced on the ground of insanity, to which no moral delinquency attaches, should suffer pecuniarily by reason of the decree of divorce pronounced. The power is extended, on the other hand, in three particulars, first by authorising payment out of estate held for behoof of the pursuer, for example, by marriage contract trustees; secondly, by authorising payment by his executors in the event of the pursuer predeceasing; and, thirdly, by clearly authorising the payment of a capital sum.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Alness.)
§ On Question, Motion agreed to.