The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1840-05-07


Sec. 4. That if it shall appear in evi.
dence to the court, that the offence or in.
Jury complained Of shall have been occa.
stoned by the collision of the parties, O,
done with an intent to procure divorce,
and that the complainant consented there
to, or that both the parties have been
guilty of adultery, then no divorce shall
be decreed, and every such bill shall be
dismissed with costs against the complain
ant.
I Sec. 5. That when ever divorce as
aforesaid shall be decreed, the court shall
make such order and decree touching the
estate &property Of the parties, the alimo-
ny and maintenance of the wife. the guar.
dlanship, custody, care and maintenance
of children, as from the nature of the case
and the circumstances ofthe parties may
appear to the court equitable and Just.
When the wife is complainant, the court
shall order the defendant 10 give security
Tor such alimony and maintenance as
shall be decreed against him, and upon
his neglect or refusal to give the security
required, or upon the default of him or
his security to pay or provide such alimo-
ny or maintenance, the court shall award
execution for the collection thereof, or
may proceed to enforce the performance
| of the order or decree of said court by a
sequestralion Of property, or by such 9th.
er lawful ways and means as accord with
the usages and practices of courts of equi.
ty. And the said courts, on the applica.
ton Of either party, may make such alter.
atoms from time to time in the alimony
or maintenance allowed as may be proper,
and may order any reasonable sum to be
paid for the support of the wife during
the tendency of her application for di.
vorce.
SEC. 6. That whenever divorce
from the bonds of matrimony shall be de.
creed, the guilty party shall forfeit all
right acquired by virtue OF such marriage.
! Sec. 7. That when the defendant to
any bill of divorce is nonresident of the
territory at the time of filing the bill, or il
a resident neglect to appear and answer
said bill after a subpoena has been served
upon any such defendant, or where sub.
pena has been issued and returned nor
est, the complainant may proceed by at
tachment to compel an appearance anc
answer or by an order of publication fol
a decree pro confesso, provided the order
for publication be published in some news.
paper printed in the territory, for eight
successive weeks next before the succeed.
ing term of said court. And in all cases
if the defendant does not appear and ans.
wer said bill, upon the return of such or
der, upon proof being made of the good
} conduct Of the complainant, and to satisfy
the court that the complainant is the in
nocent and injured party, the said cour
!. shall proceed to final decree in the same
manner and with the same effect as if the
defendant had appeared and answered the
compliments bill.
Sec. 8. That when the husband with
out good cause shall abandon his wife
and neglect or refuse to provide for he1
maintenance and support, the district
courts, upon petition being filed by the
. wife, supported by competent proof Of
such desertion and neglect, or refusal tc
provide for her support or the support Of
his children, shall have power to decree
such support and maintenance for such
wife and the children by that marriage
out of his property, and for such length o
time as the nature and circumstances O
the case may require and may compel
the defendant to give security to abide by
and perform the DEGREES of the court ii
the case; and the court shall have power
from time to time to alter and change sucf
allowance as shall be equitable and jus
under the circumstances of the parties
and to enforce their orders and DEGREES
in all such cases sis herein before provi
died. 80 .E G
Sec. 9. That when wife shall obtai,
divorce from the bonds of matrimony
, all the estate and property that came t,
the husband by virtue Of such marriage
that remains undisposed of at the time o
filing the bill, shall revert to and be set
tied in the decree of divorce upon tn
; wife and children. if there be any, By tn,
marriage. And if any part of such estat
!, or property be invested in other pro
:, perry the court shall decree the valu
thereof out of the estate or property il
, which the same may have been thus in
vested. @ -
Sec. 10. That in all cases Of divorce
the testimony in behalf of either part,
), may be taken and certified as is requires
in other causes in chancery, or the sam
may be given viva voce, on the trial Q
any such cause.
Sec. IL. That if either party shall
, feel aggreved by any final order or de
!, cree of the district court in any case Q
divorce, the party SO aggrieved may ap
peal to the supreme court as in other ca
ses in chancery.
Sec. IL. That Gan act concerning di
vorces, approved December twenty-nine
. eighteen hundred and thirty nine, j
, hereby repealed.
Approved January II, 1910.
For the Hawk-Eye and Patriot.
PHRENOa.OGY SIMPLIFIED.