, 1860-12-28
80. d be Unlted sta.es.


CHATTER cLvIu.
Al Act At authorize Divorces in the District Of Gu
iuTnbia, and for other Purposes
Be L eaaeiea bu the Ssnaie and Houss Of ReprsssR-
fafires Of he Unifed Sasss ef dheIoa in COngress
assfnblsd That the circuit court Tor The District OF
Columbia shall have arisdietiIn Of all applications Tor
divorces % e sade by petition upon which the same
procersnqs shall be had had In Gather cases,
except 80 Ia As Is Otherwise hereinafter provided.
Ssca -fnd b Il further enacted, That the petition
lainfy; and upon the ame icing fled the clerk shall
is1ns summons for the defendant 10 appear and an
wcr n Il shall appear BY the affidavit OF disnter-
esled witness that the defendant Is non resident OF
this District has been absent therefrom for the
space Of six months the circuit court after the roturn
of one summons not found, may authorize notice OF
the pendency Of The petition TO be gvel by pubicR
ton, in such manner as it shall direct The court
shall prcCeed 10 proceed TO heur and determine such
cause. Whenever sach summons shall have served
twenty days or such publication made fnry days be-
fore the commencement Of the term. No Judgment
for divorce shall be rendered on default without
proof; nor shall any admissions contained in the an
swer Of the defendant be taken proof Of the fA t.
charged the ground Of the application bat the same
shall 10 all cases be proved by other evidence.
eEc. ;. And b It further sR0ctcd, That divorce
a uiacnio mairim1ani. from the bond Of marriage
may be granted In any Of the following cases. to-wit:
First Where such marriage was contracted whilst
either of the parties thereto had former wife bus
band living. unless the former marriage shall have
w" sAAlN@~N - - f-AAg NNN@NAeb eNNA "SNSA"
marriage.
Second. Where such marriage was contracted dur
Ing The lanacy u either party, where either party
was matimonially incapaciated at the time oI the
Third. Where either party has committed adultery
during the marriage.
snc 4 1ad 5, Il further enacted, That divorce
4 mfHta Il norO from led and board may be granted
for either Of the following causes tOwt; cruelty ol
treatment endergerng the life health OF one OF the
partcs reasonable apprehension, to the satisfaction
y the court Of bodily HARM the Widfu de-erton and
abandononment by the party complained against Ol
TIE party complaining for the full interrupted space
Of three years.
s1c. s. lad b Il further saactsd That no divorce
shall be gmnted for any which shall have occur
red out Of this District unless the patry applying for
The shall have resided within the district tor two
years next preceding the application.
SEc G. And be u tuIthr enacted. That upon the
e4olntlon Of marriage on account Of either Of the
parties having former vile or husband living, II II
shall appear that the second marriage contracted
ii good faith By the party whose second marriage has
been thus dissolved. and with the full belief bis or
that fact shall BE- stated in the Judgment or sentence
Of divorce; and the issue Of sach second marriage,
born or begotten before the commencement Of the
aut shall be deemed to be the legitimate issue Of the
parent who, at The time OF the marriage was capable
SIC. I. 1nd b. Il further naeteS, That upon the
dissolution Of marriage account Of the lunacy Of
either party q the time Of such marriage the issue Of
Sac. s. dnd Be i Jarthsr snaeisd, That divorce
for causes not herenbelore specially provided for
shall not unect the legitimacy Of such issue OF the
N riagei but the legitimacy Of such issue, II qnes-
tloned, shall be tried and determined, according TO
jthe conrso Of the common law.
sEc. ?. And b Il further enacted That In al cascs
where divorce Il granted, the court allowing the
same shall have power, II i see it, to award ainony
% The wife and % retain be right Of DOVER and TO
award % the wife such property, the value thereof
a. she had when she was married. or snch port, or,
the value thereof as the court may deem reasonable
having regard 10 the circumstances Of the husband
a the time q the cvorce. The court may also, in
granting divorce uinciO mafrimOnii, restore To the
wife her maiden or other previous name.
sEo. 10. dad b. 4 further sRactsd Thot The court
shall also have power 70 order and direct In every
case Of divorce who shall have the enardianshIp and
custody q The childrenof The marriage 10 divorcey,
and who shall Be charged with their maintenance
SEc. IL -And . i further eaacted That the court
may also award aimony to the wife for her sustenance
dunipg he pendency Of petition for a divorce fled
Cor any ol the canses aforesaid.
sEc. u. And bs 4 further enacted That, case Of
adnltefy ~ lhe vile, committed after Judgment or
sentence Of divorce e fi0ro the court may,
the petition Of the husband setting forth and az,
cnmpanied By legal proof Of such adultery deprive ne
wife Of aimony iom the date Of her said criminal act
and ressind her right Of dover, as well dispossess
her f The court judge It, custody and guardianship
u any child o. childred which. under the original
judgment ol the court In granting the divorce NAV
have been assigned 70 her.
SEc II. And b u further enacted, That a wife de-
sered ~ her husband may, Al any time after such de.
aon, apply % the court In session. TO either one
Of the judges thereof when the court Is not in session
for an order 70 protect any money or other property
real Or personal q which she may have become pos
aeed Ar such desettion against her husband or his
caedtors OF any one claiming through or under him.
and the eou Or judge thereof as the case NAV be II
the ct Of snch desertion be proved BY evidence other
than that Of the wife herself and that the same was
without reasonable cause. and that the wife is main
tanning herelf by her industry or property NAV
make and give % The wife an order prOtsctinr hrr
earnngS money and property aiorpsaid real or per
aonal, acquired since the commencement Of such de-
aertion from her husband and all creditors and ner.
sons claiming through under him, and such earn
ings- money Or properth Aforesaid shall belong 10 Ii
VILE ~ h'ghe were Jeme sole PToBfdpd alrpavy
tn.t every sneh order SHALL within ten days after the
making aud giving thereof be entered by the clerk n
The court on the records of the county Of Washingt IN
70 tle District Of Columbia; and that Il shall be law
fa Tor he husband and any creditor claiming through
OF under him, to apply 10 the court in session for he
discharge thereof, and he may obtain II IT, IN the udg
ment o. the court, good cause shall be shown why
such order, BY reason Of fraud or OF reDngnaDce 10
NE Objects o. tins section should not have been first
made and given: PT0oided also That IL the husband
or any creditor Of person claiming through or M
Ger him, shall seize or continue 10 hold any property
q tne vile after notice and record OF any such order
then me husband such person shall be liable AT the
OF the vile (Which she is hereby empowered 10 bring1
70 restore . her the specific property and also for
sum equal % double the value Of the property 80 seized
q hea her such notice Aforesaid; and ans suoh or
DER o. protection be made, the wife shall during such
deseron Of her In the like position in all respects
WITH regard to property and contracts and suing and
being sued as she would be II a feple sole
APPROVED, June lS, 1860.