§
After Clause 2 insert the following clause:
§ ("Special provisions as to divorce on ground of insanity.
§ .The Court shall appoint a curator ad litem to the defender in any action of divorce on the ground of incurable insanity, and it shall be the duty of the General Board of Control for Scotland, on the request of the Court, to furnish to it a report as to the probability of recovery in the case of the defender to any such action.")
LORD ALNESSMy Lords, I beg to move that this House doth agree with the Commons in their Amendment. This clause was inserted in the Scottish Grand Committee. So far as the appointment of a curator bonis is concerned, the clause probably merely makes obligatory the existing practice of the Courts in Scotland. So far as the latter part of the clause is concerned, the safeguard which it contains would seem to be specially desirable where the parties have not sufficient money to obtain medical opinions. There will be all the more possibility for the defender to rebut the statutory presumption of incurable insanity by reason of a provision such as this where there is no money available to pay for a report from a doctor. Both provisions are inserted in the interests of the defender in the action, and I venture to submit that they are reasonable and fair.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Alness.)
§ On Question, Motion agreed to.