
    Phillippia Lusby Carre, by her next friend Hayman Taylor against Charles Carre.
    On a libel for a divorce from bed and board, the facts when contested shall be tried by the court, per testees.
    
    Libel for a divorce from bed and board, for barbarous treatment and indignities offered to tbe wife.
    Mr. Du Ponceou for the respondent, prayed a rule for trial by special jury, which was objected to by Mr. Lewis for the libellant.
   Per ewriam.

The 10th section of the act passed 19th September 1785, (2 Dall. St Laws, 387,) directs, tbat upon due proof, of cruel treatment, &c. in manner aforesaid, the court may grant a divorce from bed and board. The words are not on due proof and trial, &c. referring to the third section of the act. This case therefore is left as it is in the civil law, to a trial by tbe court fer testes, and there is strong reason lor the distinction between such divorces and those from the bonds of matrimony.

Motion denied.  