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Courtesy of Scotland

law and wife

COURTESY OF SCOTLAND, other wise called in the law of that kingdom jus curialitatis,' or right of courtship, is substantially the same with the courtesy of England. As in the latter kingdom. five things are necessary to it; namely, marriage, that the wife is an heiress and infeft, issue, and the death of the wife.

As to the marriage, it must indeed be a lawful marriage, but it is not necessary that it be regular and canonical; it is sufficient that it is valid in law, whatever be the precise form in which it became so. According to the ancient borough laws, c. 44, the courtesy extended only to such lands as the woman brought in tocher; but afterwards it was the lands to which she had right by inheritance, as the law still is. It was always the law that the wife must be heritably infeft and seised in the lands. The fourth requisite is, inheritable issue born alive of the mar riage ; that is to say, the child born must be the heir of the mother's estate, and it must have been heard to cry ; for though it be otherwise in England, crying is in Scotland the only legal evidence of life. In

the last place, by such issue the husband has during the life of the wife only jus mariti, as Skene says (De verb. signif. voce Curialitas) ; after her decease he has jus curialitatis; or as Blackstone speaks, with reference to the law of England, the husband by the birth of the child becomes tenant by the courtesy initiate, but his estate is not consummated till the wife's death ; which is the fifth and last requi site to give the complete right of courtesy, the husband needing no seisin or other solemnity to perfect his title.