Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-08-26
Char CIVILIAN Act to authorize Divorces in the Dsric
CnInmhia and for other PurpOses. --- -

Be IL enacted By tie Senate and House Of Representatives
of tAs United States Of America, en- COngress assembled
That the circuit court for the District Of Columbia shall haFeju
rison Of all applications for divorces to be made BY petition,
upon which the proceedings shall be had as are had IN
other cases. except otherwise hereinafter provided
SEC and Be further enacted at the petition for d.
vorce shall specify the therefor with certainty and upon
the being filed the clerk sh issue summons or me de-
PENDANT appear and answer II shall appear by the adav
OF snleree witness that the defendant is nonresident Of
ts District has been theerom for the space Of
month the circuit court after the return OF one summons not
found may h0e notice Of the pendency OF the petition to
shall proceed to hear and determine sueh cause whenever
such been served twenty cayl, such pub
LEGATION made forty days before the Of the term
No judgment for divorce shall be rendered on default without
proof admissions contained IN the answer OF the
defendant be taken proof the facts charged the ground Of
application but the same shall in all s be proved BY other
evidence. -,
from the bond Of marriage may be granted in any
of the following cases. to wit; -. -, i,
First Where such marriage contracted whilst either OF
the rtes had former husband living, unless the
70 ner marriage shall have been lawfully dissolved and no
strnt shall have teen imposed on the party contracting such
second marriage.
macy either party, where either party was matrmoniay
incapacated at the time OF the marriage.
Third Where either party committed adultery during the
SEC T. And Be it further enacted That divorce
oro and board may be granted for either OF the fol
lowing causes Cruelty of t@ent, endangerng the life
or health Of the parties reasonable apprehension to the
satisfaction of the court of bodily harm the Wu desrton
party complaining for the full unintefrup space Of three
Sec s. And De il further enacted That divorce shall be
granted for any VIII oh shall have occurred out Of this
Dstr Ct unless party applying for the shall have
Sed thin the for next preceding the appca
SEC G. And be further enactsd That upon the dissolu
ton Of marriage account of either Of the parties having
former wife or husband living shall appear that the
nsraS has been thus disco ve with fa belief on his
or her pa former wife husband dead that fact
shall be the judgment or sentence OF divorce and the 10
su ofsuch second marriage born begottn before the
mencement suit shall be deemed be the legitimate issue
parent who, at the time OF the marriage was capable Of
contracting.
of marriage account Of the unacy Of either party at the
time of such marriage, the issue Of the marriage shall he deemed
And be IL further enacted That divorce for causes
not herenbeoe specially provided for shall not affect the e
tacy of Of the marriage but the legitimacy OF such
ISSUE questioned shall be tried and determned according to
the course of the common law.
SEC o. And be Il further e1deted That in adj cases whersa
divorce granted the court allowing the shall have
if il see fit allow amOny to the wife, and to retain her right
DOVER and to award to the wife such ProDer or the value
thereof she had when she was married. or such part or the
e thereof the court deem reasonable, having regard
circumstances Of the husband at the time Of me divorce
The court may al o. granting divorce gtncHo adaoH
restore to the e her maiden or other previous name
SEC TO- And be further enacted, That the court shall also
power to order and direct IN every case OF divorce who
shall have the guardianship and custody OF the children Of the
marriage divorced and who shall De charged with their main
Src IL AID be ii further enacted, That the may
award amony to the wife for her sasenance during the pen
DENY of petition for divorce lied for any Of the causes afore
$ id. --.-,-,-r.
nv the WIFE, committed after jndgmen sentence Of divorce
rs a tOrO court may, the petition Of the huAband
the e of amony from the date Of her said criminal act
and rescind her right DOVER well dposess her. il the
CONT Judge t the custody and guardianship of
child or Children, which, under the original judgment Of the
in granting the divorce, have been assigned to her.
SIC 10 And be IL further enacted That wife deserted by
husband nav time after such deserion apply to the
session. or either Of the judges thereof when the
curt is not in session, for order to protect money
other ropTt real personal of viii h she have become
possessed after such deserton against her husband his credit
anv one claiming through under him and the
thereof As the the fact Of such deseron be
bv evidence other than that OF the wife herself and that
the sans was without reasonable and that the wife is
Inc herself her industry property, make
and 1--WE to the wife protecting her earnings, money
and property oesad real PERSONAL acquired since the
of s ton, from her husband and creditors
ugh ornder him, and such earnings,
or roperty aforesaid shall belong the wife she
within ten days the making and giving thereof be
nv the clerk the curt the records Of the county Of
in the Di trict of COLUMBIA and that 1t shall be
lawful for the husband any creditor claiming through
der him To appv TO the session for the discharge thereof
and he may obtain IT, in the judgment OF the court good
shall be shown why order, Of fraud or OF
to the objects this section, should not have been first
made and given ProUded also, That the husband, any
creditor Of or person claiming through under him. shall seize
or Continue to hold any property Of the wife after notice and
cord of any such oer then the uband 1uch person shall
be lab at the suit the wife wh she is hereby empowered to
bn to restore the pecfc property, and also for
canal To double the OF the property seized held after
s n notice aforesaid if any such order Of protection he
made the wife SHALL during the continuance thereof he and be
deemed have been, Dung such deseon of ber in the like
position in all respects with regard to y and contracts
suing and being sued as she would De II Jee S0te
APPRoVED, June 10. le6]