186. Separation from bed and board can only be demanded for specific causes; it cannot be based on the mutual consent of the parties.-C. N. 306; C. C. P. 1100. 187. A husband may demand the separation on the ground of his wife's adultery.-C. N. 229. 188. A wife may demand the separation on the ground of her husband's adultery, if he keep his concubine in their common habitation.-C. N. 230. 189. Husband and wife may respectively demand this separation on the ground of outrage, ill-usage or grievous insult.committed by one toward the other. -C. N. 231; C. C. 199. 190. The grievous nature and sufficiency of such outrage, ill-usage and insult are left to the discretion of the court, which, in appreciating them, must take into consideration the rank, condition and other circumstances of the parties. 191. The refusal of a husband to receive his wife and to furnish her with the necessaries of life, according to his rank, means and condition, is another cause for which she may demand the separation.-C. Č. 175. CHAPTER SECOND. ON THE FORMALITIES OF THE ACTION FOR SEPARATION FROM BED AND BOARD. 192. Repealed by 60 V., c. 50, s. 11. Vide C. C. P. 1699, 1100. 193. Repealed by 60 V., c. 50, s. 11. Vide C. C. P. 1099, 1100. 194. The wife who desires to obtain a separation from bed and board must apply by a petition setting forth her reasons, and addressed to the judge, to be authorized to sue, and to be allowed to withdraw pending the suit to a place which she indicates.-60 V. c. 50; C. C. P. 1101. 195. If the alleged wrongs be found sufficient, the judge, in according to the wife the authorization to sue, allows her to leave her husband and to reside elsewhere during the suit. -C. N. 268. 196. The action for separation from bed and board is extinguished by a reconciliation of the parties taking place either since the facts which gave rise to the action or after the action brought.-C. N. 272. 197. In either case the action is dismissed. The plaintiff may nevertheless bring another, for any cause which has happened since the reconciliation, and may in such case make use of the previous causes in support of the new action.-C. N. 273. 198. If the action be dismissed the husband is obliged to take back his wife, and the wife is obliged to return to her husband, within such delay as the court by its judgment determines. 199. When the action is brought for outrage, ill-usage, or grievous insult, although the same be well established, the court may refuse to grant the separation forthwith, and may suspend its judgment until a further day, which it appoints in order to afford the parties sufficient time to come to an understanding and reconciliation.-C. N. 259. CHAPTER THIRD. OF THE PROVISIONAL MEASURES TO WHICH THE ACTION FOR SEPARATION FROM BED AND BOARD MAY GIVE RISE. 200.-The provisional care of the children remains with the father, whether plaintiff' or defendant, unless the court or judge orders otherwise for the greater advantage of the children.-C. N. 267; C. C. 243. 201. A wife sued in separation may leave her husband's domicile, and reside during the suit in a place indicated or approved of by the court or judge. 202. Whether the wife is plaintiff or defendant, she may demand an alimentary pension, in proportion to her wants and the means of her husband; the amount is fixed by the court, which also orders the husband, if necessary, to deliver to the wife at the place to which she has withdrawn, the clothing she may require.— C. N. 268; Č. C. P. 1101. 203. If the wife leaves the place of residence assigned to her without the permission of the court or judge, the husband may claim to be liberated from the payment of the alimentary pension; he may even have her action dismissed, saving her recourse, should she refuse to obey the order given her to return within a given delay to the place she has thus quitted.-C. N. 269. 204. A wife who is in community as to property, whether plaintiff or defendant in an action for separation from bed and board, may, from the date of the order mentioned in articles 195 and 201, obtain permission from the court or judge to cause the moveable effects of such community to be attached for the preservation of the share which she will have a right to claim when the partition takes place; in conse quence of which her husband is bound as judicial guardian, to represent the things seized or their value when required.- 205. All obligations con- OF CHAPTER FOURTH. gives the wife the right to claim the benefit of all the gifts and advantages conferred on her by the marriage contract; saving the rights of survivor ship, to which such separation does not give rise, unless the contrary has been specially stipulated.-C. N. 34, 1452 ; C. C. 1310, s. 3, 1322, 1404, 1438. 209. When community of property exists, the separation operates its dissolution, imposes on the husband the obligation of making an inventory, and gives to the wife in case of acceptance the right to demand the partition of the pro THE EFFECTS OF SEPARA-perty, unless by the judgment TION FROM BED AND 206. Separation from bed board, from whatever cause it arises, does not dissolve the marriage tie; neither husband nor wife, therefore, can con tract a new marriage while both are living.-C. C. 118, 185. idol 207. The separation relieves the husband from the obligaition of receiving his wife, and the wife from that of living with her husband; it gives the wife the right of choosing for herself a domicile other than that of her husband.-C. C. 83, 175: C. C. P. 133. 208. Separation from bed and board carries with it separ ation of property; it deprives the husband of the rights which he had over the property of his wife, and gives to the wife the right to obtain restitution of her dowry, and of the property that she brought in marriage. Unless by the judgment they are declared forfeited, which only takes place in the case of adultery, the separation also she has been declared to have forfeited this right. 210. The separation renders the wife capable of suing and being sued, and of contracting alone for all that relates to the administration of her property; but for all acts and suits tending to alienate her immoveable property, she requires the authorization of her husband, or, upon his refusal, that of a judge.-R. S. Q. 5788; C. C., 176 et s., 1318. y 211. For whatever cause the separation takes place, the party against whom it has been declared loses all the advantages granted by the other party.-C. N. 229, 1452. 212. The party who has obtained the separation retains all the advantages granted by the other, although they may have been stipulated to be reciprocal and the reciprocity does not take place.-C. N. 300. 213. Either of the parties thus separated, not having sufficient means of subsistence, may obtain judgment against the other for an alimentary |