Condonation

a term used in the canon law. It is a forgiveness by the husband of his wife, or by a wife of her husband, of adultery committed, with an implied shall be treated with conjugal kind. ness.

1 Hagg. Rep. 773; 3 Eccl. Rep. 310. See 5 Mass. 320; 6 Mass. 69; 1 Johns. Ch. R. 488.

It may be express or implied, as if a husband knowing of his wife’s infidelity, cohabit with her.

1 Hagg. Rep. 789; 3 Eccl. Rep. 338.

Condonation is not, for many reasons, held so strictly against a wife as against a hus. band.

3 Eccl. Rep. 330. Ib. 341, n.

As all condonatigns by operation of jaw, are expressly or impliedly conditional, it follows that the effect is taken off by the repetition of misconduct.

3 Eccl. R. 329; 3 Phillim.

Rep. 6; 1 Eccl. R. 35; and cruelty revives condoned adultery. Worsley v. Worsley, cited in Durant v. Durant, 1 Hagg. Rep. 733; 3 Eccl. Rep. 311. re the parties have separate beds, there must, in order to found condonation, be something of matrimonial intercourse presumed; it does not rest merely on the wife’s not withdrawing herself. 3 Eccl. Rep. 341, n, Condonation is a bar to a sentence of divorce.

1 Eccl. Rep. 284.

In Pennsylvania, by the act of the 13th of March, 1815, § 7,6 Reed’s Laws of Penna. 288, it is enacted that “ in suit or action for divorce for cause of adultery, if the defendant shall allege and prove that the plaintiff has admitted the defendant into conjugal socicty or embraces, after he or she knew of the criminal fact, or that the plaintiff (if the husband,) allowed of his wife’s prostitutions, or received hire for them, or exposed his wife to lewd company, whereby she became ensnared to the crime aforesaid, it shall be a good defence and perpetual bar against the same.” The same rule may be found, perhaps, in the codes of most civilized countries. Vilanova Y Maries, Materia Criminal Forense, Obs. 11, ¢c. used in the phrase safe conduct, to signify the security given, by authotity of the government, under the great seal, to a stranger, for his quiet coming into and passing out of the territories over which it has jurisdiction. A safe conduct differs from 2 passport, the former is given to enemies, the latter to friends or citizens.