in any prison, jail or house of correction for three years or more; and no pardon granted to the party so sentenced, after a divorce for that cause shall restore such party to his or her conjugal rights:

4. When either party shall desert the other, for the term of two years:

5. When the husband or wife shall have become an habitual drunkard.

TITLE XX. CHAPTER 84.

decreed.

SEC. 7. A divorce from bed and board forever, or for a limited Divorce from time, may be decreed for the cause of extreme cruelty, whether bed and board, practiced by using personal violence, or by any other means; or for when may be utter desertion by either of the parties for the term of two years; and a like divorce may be decreed on the complaint of the wife, when 1844, p. 74 § 2. the husband, being of sufficient ability to provide a suitable maintenance for her, shall grossly or wantonly and cruelly refuse or neglect so to do.

SEC. 8. A divorce from the bond of matrimony may be decreed Divorce from for either of the causes mentioned in the preceding section, whenever, bond of matriin the opinion of the court, the circumstances of the case shall be mony. for same such that it will be discreet and proper so to do.

causes.

granted.

SEC. 9. No divorce shall be granted, unless the party exhibiting In what cases the petition or bill of complaint therefor, shall have resided in this divorce not to be state one year immediately preceding the time of exhibiting such 1844, p. 74, § 1. petition or bill; or unless the marriage was solemnized in this state, and the complainant shall have resided in this state from the time of such marriage to the time of exhibiting the petition or bill.

1842, p. 116-117.

SEC. 10. No divorce shall be decreed in any case, when it shall No divorce when appear that the petition or bill therefor was founded in or exhibited by complainant collusion between the parties, nor where the party complaining shall be guilty of the same crime or misconduct charged against the re

spondent.

guilty.

by wife in her

SEC. 11. A petition or bill for a divorce may be exhibited by a Bill or petition wife in her own name, as well as a husband; and in all cases the respondent may answer such bill without oath or affirmation.

own name-answer without oath.

Suits, how con

SEC 12. Suits to annul or affirm a marriage, or for a divorce, shall be conducted in the same manner as other suits in courts of equity; ducted. and the court shall have the power to award issues, to decree costs, and to enforce its decrees, as in other cases.

may

SEC. 13. In every suit brought, either for a divorce, or for a sepa- Court husband to ration, the court may, in its discretion, require the husband to pay pay expenses. any sums necessary to enable the wife to carry on or defend the suit, during its pendency, and it may decree costs against either party, and award execution for the same, or it may direct such costs to be paid out of any property sequestered, or in the power of the court, or in the hands of a receiver.

hibit restraint of

SEC. 14. After the exhibiting of a petition or bill in a suit to annul Court may proa marriage, or for a divorce, whether from the bond of matrimony, liberty of wife. or from bed and board, the court may at any time, either in term or vacation, on the petition of the wife, prohibit the husband from imposing any restraint on her personal liberty during the pendency of the guit.

Court may make

order concerning care and main

SEC. 15. The court may, in like manner, on the application of either party, make such order concerning the care and custody of the minor children of the parties, and their suitable maintenance, during the pendency of such suit, as shall be deemed proper and necessary, dren during pea and for the benefit of the children.

tenance of chil

dency of suit

TITLE XX.

CHAPTER 84.

Order in rela

SEC. 16. Upon pronouncing a sentence or decree of nullity of a marriage, and also upon decreeing a divorce, whether from the bond of matrimony, or from bed and board, the court may make such furtion to care, &c., ther decree as it shall deem just and proper, concerning the care, custody and maintenance of the minor children of the parties, and may determine with which of the parents the children, or any of them, shall remain.

of children on final decree.

Decree may be revised, and new decree made.

When wife enti

estate.

SEC. 17. The court may, from time to time afterwards, on the petition of either of the parents, revise and alter such decree concerning the care, custody and maintenance of the children, or any of them, and make a new decree concerning the same, as the circumstances of the parents, and the benefit of the children shall require.

SEC. 18. Whenever the nullity of a marriage, or a divorce from tled to her real the bond of matrimony for any cause excepting that of adultery committed by the wife, shall be decreed, and when the husband shall be sentenced to imprisonment for life, and also upon every divorce from bed and board, the wife shall be entitled to the immediate possession of all her real estate, in like manner as if her husband were dead.

Restoration of personal estate to wife, &c.

Trustees, when may be appointed.

Duties of trus

SEC. 19. Upon every such dissolution of a marriage as is specified in the preceding section, and also upon every divorce from bed and board, the court may make a further decree for restoring to the wife the whole, or such part as it shall deem just and reasonable, of the personal estate that shall have come to the husband by reason of the marriage, or for awarding to her the value thereof, to be paid by her husband in money.

SEC. 20. Upon every divorce for adultery committed by the husband, and upon every divorce from bed and board for any cause, when any personal estate of the wife, or money in lieu thereof, shall be awarded to her, as provided in the preceding section, the court, instead of ordering the same to be delivered or paid into the hands of the wife, may order it to be delivered or paid into the hands of a trustee or trustees, to be appointed by the court, upon trust to invest the same, and to apply the income thereof to the support and maintenance of the wife, and of the minor children of the marriage, or any of them, in such manner as the court shall direct.

SEC. 21. Such trustees shall also pay over the principal sum to the tees, their bond. wife and children of the marriage. when ordered by the court, in such proportions, and at such times as the court shall direct, regard being had, in the disposition of the said income, as well as of the principal sum, to the situation and circumstances of the wife and children; and the said trustees shall give such bonds as the court shall require, for the faithful performance of their trust.

Husband may be

close on outh.

SEC. 22. Whenever the court shall think proper to award to the required to dis wife any of her personal estate, or any money in lieu thereof, in pursuance of the foregoing provisions, such court may require the husband to disclose on oath, what personal estate has come to him by reason of the marriage, and how the same has been disposed of, and what portion thereof still remains in his hands.

SEC. 23. Upon every divorce from the bond of matrimony for any cause excepting that of adultery committed by the wife, and also upon every divorce from bed and board for any cause, if the estate and ef fects restored or awarded to the wife, shall be insufficient for the suitable support and maintenance of herself and such children of the

marriage as shall be committed to her care and custody, the court may further decree to her such part of the personal estate of the husband, and such alimony out of his estate, as it shall deem just and reasonable, having regard to the ability of the husband, and the character and situation of the parties, and all the other circumstances of the case.

TITLE XX.

CHAPTER 84.

SEC. 24. When the marriage shall be dissolved by the husband be- When wife enti ing sentenced to imprisonment for life, and when a divorce shall be tled to dower. decreed for the cause of adultery committed by the husband, or on account of his being sentenced to imprisonment for a term of three years or more, the wife shall be entitled to her dower in his lands, in

the same manner as if he were dead; but she shall not be entitled to 13 Mass., 231. dower in any other case of divorce.

to estate of wife,

vorce for adulte

ry by wife.

SEC. 25. When a divorce shall be decreed for the cause of adultery Husband entitled committed by the wife, the husband shall hold her personal estate for- in case of di ever, and he shall also hold her real estate so long as they shall both live; and if he shall survive her, and there shall have been issue of the marriage born alive, he shall hold her real estate for his own life, as tenant by the curtesy. SEC. 26. In the case last mentioned, the court may, by the decree, Court may allow allow the wife for her subsistence, as much of her said personal or wife part of her real estate, or of the income thereof, as such court shall judge ne- last mentioned

cessary.

estate, in the

case.

quire security

SEC. 27. In all cases, when alimony or other allowance shall be Court may redecreed for the wife or children, the court may require sufficient se- for payment of curity to be given by the husband for the payment thereof according alimony, &c. to the terms of the decree; and upon the neglect or refusal of the husband to give such security, or upon his failure to pay such alimony or allowance, the court may sequester his personal estate, and the rents and profits of his real estate, and may appoint a receiver thereof, and cause such personal estate, and the rents and profits of such real estate, to be applied to the payment thereof.

SEC. 28. After a decree for alimony or other allowance, for the Court may alter wife and children, or either of them, and also after a decree for the decree for alimony, &c., on petiappointment of trustees, to receive and hold any property for the use tion, of the wife or children as before provided, the court may, from time to time, on the petition of either of the parties, revise and alter such decree, respecting the amount of such alimony or allowance and the payment thereof, and also respecting the appropriation and payment of the principal and income of the property so held in trust, and may make any decree respecting any of the said matters which such court might have made in the original suit.

children in case of adultery.

SEC. 29. A divorce for the cause of adultery committed by the wife, Legitimacy of shall not affect the legitimacy of the issue of the marriage, but the legitimacy of such children, if questioned, may be determined by the court upon the proofs in the cause; and in every case, the legitimacy of all children begotten before the commencement of the suit shall be presumed until the contrary be shown.

&c.

SEC. 30. Upon the dissolution of a marriage on account of the non- Legitimacy in age, insanity or idiocy of either party, the issue of the marriage shall case of non age, be deemed to be in all respects the legitimate issue of the parent who, at the time of the marriage, was capable of contracting.

SEC. 31. When a marriage is dissolved on account of a prior mar- Legitimaey in riage of either party, and it shall appear that the second marriage husband or wife

case of former

living.

' TITLE XX. CHAPTER 84.

Illegitimate in certain cases.

Cohabitation af

ter divorce, how punished.

Who may exhibit bill to annul marriage in case of non-age.

In case of idiot or lunatic, who

may exhibit bill.

When lunatic

and when nullity not to be de

was contracted in good faith, and with the full belief of the parties that the former wife or husband was dead, that fact shall be stated in the decree of divorce or nullity; and the issue of such second marriage, born or begotton before the commencement of the suit, shall be deemed to be the legitimate issue of the parent who, at the time of the marriage, was capable of contracting.

SEC. 32. Upon the dissolution, by decree or sentence of nullity, of any marriage that is prohibited on account of consanguinity or affinity between the parties, or of any marriage between a white person and a negro, the issue of the marriage shall be deemed to be illegiti

mate.

SEC. 33. If any persons, after being divorced from the bond of matrimony for any cause whatever, shall cohabit together, they shall be liable to all the penalties provided by law against adultery.

SEC. 34. A bill to annul a marriage on the ground that one of the parties was under the age of legal consent, may be exhibited by the parent or guardian entitled to the custody of such minor, or by the next friend of such minor; but in no case shall such marriage be annulled on the application of a party who was of the age of legal consent at the time of the marriage, nor when it shall appear that the parties, after they had attained the age of consent, had freely cohabited as man and wife.

SEC. 35. A bill to annul a marriage on the ground of insanity or idiocy, may be exhibited by any person admitted by the court to prosecute as the next friend of such idiot or lunatic.

SEC. 36. The marriage of a lunatic may also be declared void, upmay exhibit bill, on the application of the lunatic, after the restoration of reason; but in such case, no sentence of nullity shall be pronounced, if it shall appear that the parties freely cohabited as husband and wife, after the lunatic was restored to a sound mind.

creed.

When nullity not

SEC. 37. No marriage shall be annulled on the ground of force or to be decreed in fraud, if it shall appear that, at any time before the commencement of the suit, there was a voluntary cohabitation of the parties as husband and wife.

case of force or fraud.

Issue of marriage annulled on account of force or fraud.

In case of physical incapacity,

suit to be brought

SEC. 38. If there shall be any issue of a marriage, annulled on the ground of force or fraud, the court shall decree their custody to the innocent parent, and may also decree a provision for their education and maintenance out of the estate and property of the guilty party.

SEC. 39. A suit to annul a marriage, on the ground of the physical incapacity of one of the parties, shall only be maintained by the inwithin two years. jured party, against the party whose incapacity is alleged; and shall, in all cases be brought within two years from the solemnization of the marriage.

Decree not to be made solely on confession, &c.

In case of adul

SEC. 40. No decree of divorce, or of the nullity of a marriage, shall be made solely on the declarations, confessions, or admissions of the parties; but the court shall, in all cases, require other satisfactory evidence of the facts alleged in the bill for that purpose.

SEC. 41. In any suit brought for a divorce on the ground of adultetery, court may ry, although the fact of adultery be established, the court may deny a divorce in the following cases:

deny divorce in certain cases.

1. When the offence shall appear to have been committed by the procurement, or with the connivance, of the complainant :

2. When the offence charged shall have been forgiven by the injured party, and such forgiveness be proved by express proof, or by

the voluntary cohabitation of the parties, with the knowledge of the offence:

3. When there shall have been no express forgiveness, and no voluntary cohabitation of the parties, but the suit shall not have been brought within five years after the discovery by the complainant of the offence charged.

TITLE XX.

CHAPTER 85.

though divorce

SEC. 42. In case of an application for a divorce from bed and board, Court may dealthough a decree for such divorce be not made, the court may make cree support, such order or decree for the support and maintenance of the wife and from bed and children, or any of them, by the husband, or out of his property, as board be not dethe nature of the case may render suitable and proper.

creed.

vorce from bed

SEC. 43. When a decree of divorce from bed and board, forever, or Decrees for difor a limited time, shall have been pronounced, it may be revoked at and board may any time thereafter, under such regulations and restrictions as the be revoked. court may impose, upon the joint application of the parties, and their producing satisfactory evidence of their reconciliation.

CHAPTER 85.

GENERAL PROVISIONS CONCERNING HUSBAND AND WIFE.

certain powers

SECTION 1. When any married man shall absent himself from the when husband state, abandoning his wife, and not making sufficient provision for her abandons wife, maintenance, if the wife is of the age of twenty-one years, the pro- may be granted bate court of the county in which she resides may, on her petition, to her. authorize her to sell and convey or lease her real estate, or any part thereof, and also to sell and dispose of any personal estate which shall, at any time have come to the husband, or to which he may be entitled, by reason of the marriage, and which may remain in this state undisposed of.

ver property to

SEC. 2. The probate court may also, upon the petition of the wife, Authority may authorize any person owning (owing) or holding any money or other be given to delipersonal estate, to which the husband is entitled in her right, to pay wife, &c. and deliver the same to the wife, and may authorize her to give a discharge for the same, which discharge shall be as valid as if made by the husband.

SEC. 3. All the proceeds of such sales, and all other money and per- Proceeds of sales sonal estate, which shall come to the hands of the wife by force of &c., may be dis this chapter, may be used and disposed of by her, during the absence posed of by wife. of her husband, as her own property, in the same manner as if she were unmarried.

SEC. 4. The said court may further authorize such married woman Court may auto make any contract, under seal or otherwise, in her own name, thorize contracts and also to commence, prosecute and defend any suit or suits in law by married woor equity, to final judgment and execution, in like manner as if she were unmarried.

man, &c.

Deeds, &c., may

her.

SEC. 5. Every woman so authorized, may make and execute any be executed by deeds and other instruments, in her own name, and do all other lawful acts, that may be necessary or proper to carry into effect the pow ers so granted to her.

How long pow.

SEC. 6. The power so granted to a married woman, shall continue, ers to continue.