Page:United States Statutes at Large Volume 12.djvu/90

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60 THIBTY-SIXTH CONGRESS. Sess. I. Ch. 158. 1860. cruelty of treatment, endangering the life or health of one of the parties; reasonable apprehension, to the satisfaction of the court, of bodily harm; the wilful desertion and abandonment by the party complained ‘ against of the party complaining for the full uninterrupted space of three years. g;>t;d*°foE° Sec. 5. And be it farther enacted, That no divorce shall be granted g;,,,,, Occuning for any cause which shall have occurred out of this District, unless the mn; of géetrict, party applying for the same shall have resided within the District for two “" °°“·years next prewding the application. m;=;_P¤ <>f Emi Sec. 6. And be at farther enacted, That upon the dissolution of amardisgqigg? to E: on account of either of the parties having a former wife or husband legitimate. living, if it shall appear that the second marriage was contracted in good faith by the party whose second marriage has been thus dissolved, and with the full belief on his or her part that the former wife or husband was deGd,}:hat fact fshall be stated in the judgment or sentence of divorce; an the issue o such second marriage, born or begotten 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. Same sulnoct _ Sec. 7. And befzthfzpthn engctedl, That upon the dissolution of a marr1a¤e on account o the unacyo eit er party at the time of such marriage ' thecissue of the marriage shall be' deemed to be legitimate. ° , $¤¤¤¤ Subnet- I bSpc. 8. Andlbe it farther}. enacted, That a divorce for causes not herein e ore specia y provided or shall not affect the levitimacy of the issue of the marriage J but the legitimacy of such issue, if questioned, shall be C rt _ tried and determined, according to the course of the common law. divozza 5:;*1:15 is Smclgé ind ber;,ta_{’;)rther czacted, Thlatuin all cases where a divorce hw to wm, nM_ gran ., e cou wing the same s a have power if it see Et t

nony,tdower,her award alimony to the wife, and to retain her right of dower, and to award

t;l’":n?1 @$5; to the wife such property, or the value thereof, as she had when she was mms, married, or such part, or the value thereof, as the court may deem reasonplbgczrhaving aca-;gai·d tc; the circipmstances of the husband at the time of 'ivorce. e cour may a *0 in granting a divorce ak matri- Cmody of magna, riséorztodtli wifghez maiden or othereprevious namhimu hud ac. . n tt er- enacted That the court shall also ha €m,.r°:m:‘jd power to order and direct, in every cage of divorce, who shall have th; tenauce. gliludiaaripbtip 2.:41 gggtody of the children of the marriage so divorced, and w o s e c ar with their maintenance Allm - · . ° lng P°u‘g"lLl’°¤d Sec. 11. And be it further enacted, Phat the court may also award alimony to the wife for her sustenance during the pendency of a petition for Adult"; by a dé;;rep2file2l fgrbcnyé Sith; causes aforesaid. wm R i I . .. n t _ rt er enacted That in case of adulte b th ,-,.,,m°b'T, 5:,{°° Elite, committed after Judgment or seritence’of divorce a mensext dor; bonrdcwmgfor mgm- paelgguxét xiayglonlotge petitipn of the husband setting forth and accoming h,,,. 0; ,,,,_ the date df I? d o suc adultery, deprive the wife of ahmony from mppgoilnztztty or a` dip if wtf criminal act, and rescind her right of dower, as wel] i spossess er, 1 thecourt Judge tit, of the care, custody, and guardians ip ol any child or children, which, under the original judgment of the court in rantm the· · . · ° Pmoodi _ g g 'dl$010€, may have been assigned to her. Wham WHEEL bac. 13. And be tt further enacted, That a wife deserted by her husguzim by ,mS_ band may, at any time after such desertion, apply to the court in session °° grtgncxztg ;):$“`gfc;l:8 Judges thereof,hwhen the court is not in session, _ any money or other property real or erson l f

slhe mhxgy have become possessed Iafter such desertion, Idgainsf ligr

or s.cred1tors or any one claiming through or under him; and the court or a Judge thereof, as the case may be, if the fact of such desertion be pmved by evidence other than that of the 'f 1 · the same was without reasonable cause and thattllihl ifleibelfi fwd' that herself by her own industry or ro ert, ak W e is mmntammg an order protectin her eaP P y, may m 6 and give to the Wmé g rmngs, money, and property aforesaid, real or