The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1865-03-17

or 50 much thereof as may be necessary. is here,
BY appropriated out Of any moneys, not otherwise
T o this stats Il,
payment of expenses incident thereto,
Sec. 2. This act shall take effect and be in
force from and after its passage.
Approved Feb. %, 1865.
| An Act to amend an act relating to Divorces,
Be enacted By the legislature Of the State of
| Mjnnes0ta' '' .. '.'. sH'7'
| SECTION 1. That an act entitled can act re.
eilating divorces" approved April 9TH, 1868, be
amendedso as to read as follows:
| Section /: That the several district courts of
the State Of Minnesota be, and they are hereby
actions for divorce from bed and board as they
now by law possess in actionsfor divorce from the
bonds Of matrimony, and that said courts and the
authorized and empowered to make and grant
| such orders, DEGREES and judgments respecting
property and the support and maintenance Of
and allowance to the wife and children or either,
| IN actions for divorce from bed and board, as
/ the said courts are now authorized and empew-
cred to make and grant in actions for a divorce
from the bonds of matrmony.
Sec. z. That when the husband has resided in
this state one year or more, having left his wife
| in another state, it shall be competent for the
wife, without regard to residence to bring an &C.
tien in any district court of this state of dis
cause fOr and to obtain legal separation either
| from bed and board or from the bonds of matri.
mony, and such action shall be determined on its
merits as provided by the laws of this state reiat
Sec. 3. All acts and parts of acts inconsistent
with this act, are hereby repealed:
Sec. 4 This act shall take effect and be in
force from and after its passage.
Approved March 2, 1866.
An Act to Amend Chapter So of the Compiled
Statutes relating to Divorces.
Be it enected by the Legislature of the State of
HanneSt ia:
SECTION 1. Section S of chapter So os the
compiled statutes is hereby amended so as to read
Sectson %. Upon every divorce from the bond
of matrimony, in an action brought by the wife,
and in all cases where it is made fully to appear
an s sae es s the %
tate and property restored or awarded to the wife
shall be insufficient for the suitable support and
maintenance ofherself and such children Of the
marriage as shall be committed to her care and
custody, or If there be no such estate and proper
ty, the court may further order and decree to her
such portion of the personal estate Of the hus.
band not exceeding third part thereof in va.
lue, and such real estate OF the husband, not ex-
cee6fng three thousand dollars in value, 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 circum.
Provided, That If the value of her dover in bis
three thousand collars, then the court may de-
cree to her of the lands more than three thou.
sand dollars in value but not beyond the value Of
such dover. The court may also In the cases
provided for in this section decree to the wife
such alimony out of the estate of the husband, as
1t may deem just and reasonable, having regard
to the ability Of the husband and the character
and situation Of the parties, and all the other cir
cumstances of the case, and may by Its decree
make the same specific lien upon any speci6ed
parcel or parcels Of the real estate Of the hus.
hand mr. ami ifa opfo ont hv
against his property, real and personal; but the
aggregate award and allowance made to the wife
from the estate of her husband, under the provi-
sions of this section, shall not in any case ex-
coed in present value the Onethird part of the
personal estate of the husband, and three thou
sand dollars in addition, except in cases where
would exceed three thousand dollass. and in such
cases such award and allowance shall not exceed
in present value the one-third part of the person
al property of the husband and the fair value of
Sec 2. Section "a of said chapter So is hereby
amended SO as to read as follows:
Section "a. When the marriage shall be dis
solved by she husband being sentenced to impIi.
sonment, and when divorce shall be orderedfor
the cause Of adultery committed by the husband,
the wife shall be entitled to her dover of his
lands, in the same manner as If he were dead but
she shall not be entitled to dover in any other
case of divorce; provided, however, that in case
Of divorce for either of the causes mentioned in
this section. the wife may elect between the pro.
visions of this section with reference to her nus
bands estate and the provisions of the next pre-
ceding section, but shall not be entitled to the
benefit of both. Such election may be embodied
inthe complaint, or it may be made at the time of
moving fol- final decree in the action, in which
case it shall be made in writing and be fled with
and become part Of the record in the cause.
Sec. 3. Section rs of said chapter So, is hereby
amended so as to read - follows:
Section Is. In the cases mentioned in the last
preceding section, If the wife shall not elect to
have the benefits Of the preceding twenty.third
section, the court may by order allow the wife for
her subsistence, as much of her said personal or
real estate, Of the income thereofas such court
shall judge necessary.
Sec. 4. Section IL of said chapter SO, is hereby
amended so as to read as follows:
Section IL. A summons and copy of the com.
plant must be served upon the defendant person
ally, and when II shall appear to the satisfaction
of the court by the affidavit Of the person making
such service, with the certificate of the clerk Of
Ger taking the affidavit, it shall be deemed good
and valid service, whether made in or out Of this
state; but when, in the discretion of the court,
the summons and complaint cannot for any cause
be served on the defendant PERSON
ally, then the court may order service of the SUM
mons by publication, as in other actions, requir-
Ing in either case that the defendant shall answer
the complaint within thirty days after service Of
the summons.
Sec. s. All acts and parts of acts inconsistent
with this act are hereby repealed.
Sec. 8. This act shall lake effect and be In
force from and after its passage.
Approved March 3, 1865.