Litchfield enquirer., 1869-09-09

ts WHcF0HaNG AAEsSOk kEN7 10 THk Ootfsfrru1foN q ,asss SsAai oiss os eSi hssssSsissssss5 n 1
 ,t taaAaelse6 Nith hthefoaba eopossd e hn which, when adopted and approved in 2 manner tInas1 pnrtosas bec1aA { psrt fthareo4 Hix:r Fl Is
 " All annual and specieA sessions 0f ths Hsnersl ,iaA AaaeHhJE ssr! sn tnd a3seF ths aEt wednssday aassss 1 g @ @ dsss s ass 5i ssssaa5s sai hss ii 'f MglG0 9ency, convsne said aGsera- 10 aaohgat any other place "a this edi BssoluadsG Ghat the foregoing proposed qsuaend peRt t9t be continued to tha next , session o{ the General AssemblY. and be publish- ga with the laws passed at the present session
 isSs ikrssssssFFAAr1ys snn 'py sh 1Ses 't issIa9n EDwaRD B. BENNETT, Assistant Clerk. 2
 Approved, July 10. 1869. tssaao9b odl 2Tsd~ z RsoposBp I4W9 9jaP CONCERNING DIVORCE. n An Act in amendment of an Act entitled An "An Act concerning the Domestic Relations" n sD sentatiyss sn aeIersi Assembiy convsned
 The superlor courts may, by . sentence of nulli- ty, declare void the marriage contract for either If ths toloyiqg causes, existing st the time of
 l. That the parties, or one of them, had not at- is tained the age Of legal consent. v lta lb912 That the former husband or wife of one of the pAatieeWas living, and that the marriage with ua such tosmer husband or wife was then in force Ists That epe of the parties was nan idiot or lu- ds ssss tAs "paa passs. s4a' was 'ias 6 Thasane Sfshep pafties was physicafy inca doPable o6 ehterdng intot the marriage State: o5 Il I IlAhiu to annuLithe Inarrlageon the ground that of the parties was under the age of legal con- sent, may be brought by the parent or guardian . entitled co the custody of such minor, or by the next friend of such minor: but in no case shall partywho was of legal age at the time 1t WAS con tractdds nor when 1t shau appear that the parties E after tbey had attained the age of consent had Where a marriage is sought to be annulled on the ground that former husband or wife ofgone of tho parties was living, it may be declared void on
 appiicssleh of either of the parties during the Il such former husband or wife When it siaI an- pear and be so deereed that snch subseauent mar. riage was contracted in good faith and with the full belief of the parties that the former husband born or before it's naiiy % shall be decIss cd, shall be entitled to succeed m the same man. sner as to the real and person. al estate of tlei parent who, at the time of the marrlage vas cpnpAtent. to- Icontracf2 and the is- sue soeptitsa shab be- specified in the sentence ,,l Where marriage is sought to be annulled on the ground of idiocy Of one of the parties. it may be declared void on the application ofany rel- ataEe of such idiot interested to avoid the mar rage, or at any time during the lifetime of either !. Where marriage is sought to be annulled on the ground of the 1pnacy of one of the parties it nuAnce of that lqnacy, or after the death of the lunatie in that state, during the ife-time of the other party to the marriage, on the application of any relsk of the lnnatice insrustsd to avoid tho
 Where the marriage of an idiot or lunatic ia sought to bs' annued during the lifetime of both the parties to the marriage, and no suit shall be presScuted by any relative, 6 sentence of nuIlity 7 maySe prononnced on the application of any per- son admitted by the court to prosecute. as the next friend 0f such idiot or luuatic. The mar rage of aiunatic may also be declared void upon the application of the lunatic, after the restora a tionDf reason; but m such case no sertenco of nullity shall be pronounced, If it shall appear that the parties freely conabited as husband and wife after the lnpatic was restored to souud mind. Children of marriage annulled on the ground of lunacy or idiocy shall be entitled to succeed i the same manner asiegitimate children, to the real " and personal estate Of the parent who was of D sound mind. A marriage may be annulIed on tho ground that the consent of one of one of thapar- ties was obtalnedl by force or fraud, during the lifetime oi the parties or one of them, on the ap- pncation or the party whose consent was SO ob- tained, or Of the parent or guardian of such par ty, or of some relative interested to contest the validity of the 'marriage. III , O
 No marriage shall be annuled on the ground of force or fraud. if 1t shall appear that at the time before the commencement of the suit there was-
 voluntary cohapitation of the parties as husband and wife. 0sl ,. 'ffs5 'f-4 ta
 If there shall be any issue of marriage annn,I! led or tie grodnd of force aud fraud. the conr. shail decree their custody to the innocent parent stns es ner fequest: and may also dscree pro the estate aud property of the guilty party. ;dzsA sut to annui marriage on the ground of tha inYapaclty of one of the parties shall on
 party wose incapacity is alleged. and sa ;n ' sII Cases be brought within two years from the sof3 ienanizatton Of the marriage Suits to a,nni ] vno .s mage snal pc 1yniii and shall be aconducted in courts of equity; and the court shall have Lhs same power Co award issues, to decree costs and t1 enforce Is desfees as a other cases. ''@ =-nenneed solely on the declaration or confesaiap oy the parties but the court shall in all cases raCn;ua E&4er atl lsaetory evidence of the existenc of the
 # aAe eaIIisg s ay s founded
 ced during the lifetime of the parties. sSaIi he conclusive evidence of the nvalidty of tha nar uo riage. in all courts and proceedings; but if pro mAEriage itshal only be conclusive as aDsnst the parties in the suit, and those claiming under tben,
 Dr9Eses mag Re decreed and marriages nav he Slss1lveo py tne superior court whenever adultery ther of s oy any husband or wife,
 eess epsesaa sF ans wife were .5sa. ew6sTs the marriage has been ,pole,nn;,.. - mas taken place within this State and the ini,red [ party at the time of the commission of the of. aai is at sn s smS of ss'shbng the bill
 
 If the adultery charged be admitted bv tSa an- -sswer or if the bill be taken as confessed aranst the nefendanA tho court shall nayertheess ',,o' nr Sceed win the tria of the cause and ren,,;ra f,, proof Of the facts charged; and the court may ;n such case, or when the offence charged is deT;,.d ~
 refer the matter to a committee, with direct;ons to take proof of the facts charged and to rennrs tae sape 9 the court with its opinion thereon snS aM sa Sssse shasl thenbe heard On such proof
 Although the fact of adultery be established .ho court may deny divorce in the followino cssss
 l. Where the offence shall appear to have se bsen committed by theprocurement or with the cn,r;l .f1 Ytpee of the conplainant .A 9s AY WHIT
 Where the offence charged sliail bsva ho.,
 forgiven by the injured party, and such forp;va Hen ness pc proved by express proof or by the yoInnte
 y coh.bitation of the parties, with the knowiedae
 a Whsfs there shah have besn been no e.nr... ,mm e..
 giveness and no voluntary cohabtation of tSs Ies, but enit shall not have been bronoht
 i've years after the discovery by the Complainant ofkhel lodenceHharged. l9lal ni b0fatil i-F1 4as, Where 1t sball be proved that the comna;n. ant has also been guilty of adultery under such circumstances as would have entitled the defend
 ant if innocent to 8 divorpe. sasa
 LWhep. .theswife shall be the complainant the le. gitzmhc Of Any children Of the lriarriage born o, begpttel of her before the filing of the bin ahai not be af6bcted by the decrea 0F dfsaoI,t;o,, fE7