Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1872-02-15
OFFICIAL.

Acts and Joint Resolutions Passed
by the General Assembly of South
Z Carolina, Regular Session, 1871
and 1872.
AN ACT to Rene0 the Charter Of
Strawberry Ferry ouer the Cooper
River.
SECTION l. Be 1t enacted by the
Senate and House OF Representatives
of the State of South Carolina, now
met and sitting in General Assembly,
and by the authority of the same,
That the charter of the ferry over
the Cooper River, known as Straw
berry Ferry, be, and the same is here
by, renewed for the term of seven
years; from and after the passage OF
this Act. and thes same is hereby vest
ed in Mrs. Elizabeth Waring, her ex-
ecutors, administrators and assigns,
subject to like powers privileges and
limitations aswere formerly confer
red upon the owner of said ferry by
law: Provided, however, That the
following rates of ferriage only shall
be charged and collected, to wit; For
foot passengers, each, ten cents horse,
each, ten cents /, one horse with bug
gy, wagon or cart and driver, fifty
cents; two horses with carriage, wag-
on and driver, seventy-fve cents;
cattle, ten cents each, long ferriage;
short ferriage to be one-half the above
rates.
SEC. 2. All persons attending pub.
lie meetings and elections, and chill
dren going to and coming from school,
shall be carried free.
Approved January 8, 1872.
AN ACT TO REGULATE THE GRANT
ING OF DIVORCES.
SECTION l. Be 1t enacted by the
Senate and House of Representatives
of the State of South Carolina, now
met and sitting in General Assembly,
and by the authority Of the same;
When the validity of a marriage
shall be denied or doubted by either
of the parties, the other may instl-
tute a suit for affirming the marriage;
and upon due proof Of the validity
thereof, it shall be decreed to be
valid and such decree shall be con-
elusive upon all persons concerned.
SEC. 2. That. a divorce from the
band of matrimony may be decreed
for the following causes
1st. Adultery.
Cd. Where either party willfn!ly
abandons or deserts the other for the
period of two years !; Prouided, That,
when the suit is instituted by the
party deserting, it itappears that the
desertion was caused by the extreme
cruelty of the other party, or that
the desertion by the wife was caused
by the gross or wanton and cruel
neglect Of the husband to provide
suitable maintenance for her, he be-
ing of sufficient ability so to do.
SEC. 8. That the Circuit Courts of
Common Pleas shall have original
Jurisdiction of suits for annulling or
affirming marriages, or for divorces.
No such suit shall be maintained, un-
less the parties, or one of them, is a
citizen Of this State, or shall have re-
sided therein at least one whole year
previous to instituting the same. The
suit shall be brought in the County
in which the parties last cohabited,
or (at the option of the plantif) in
the County in which the defendant
resides, if resident of this State ;
but if not, then in the County IN
ss775,9aaintiff resides.
= lat suits for divorce shall
be commenced by summons and COM
plant, in the same manner as other
actions; and, whether the defendant
answer or not, the cause shall be
hearI, independently of the admls-
sions of either party in the plead
ing, or otherwise. Costs may be
awarded to either party, as justice
and equity may require.
SEC. 5. That the Court, in term, or
the Judge, in vacation, may, at any
time pending the suit, make any or
der that may be proper to compel the
man to pay any sums necessary for
the maintenance of the woman, and
to enable her to carry out the suit,
or to prevent him from imposing any
restraint on her personal liberty, or
to provide for the custody and main
tenance of the minor children of the
parties during the pendency Of the
suit, or to preserve the estate of the
minor, so that it be forthcoming to
meet any decree which may be made
in the suit, or to compel him to give
necessary security to abide such de-
cree.
Sec. G. When the suit is for di-
vorce for adultery, the divorce shall
not be granted if it appear that the
parties voluntarily cohabited after
the knowledge of the fact of adult
cry, or that it occurred more than
FIVE years before the institution of
the suit, or that it was committed by
the procurement or connivance of the
plaintiff.
Sec. 7. Upon decreeing the disso-
luton of a marriage, and also upon
decreeing divorce, the Court may
make such further decree as it shall
deem expedient concerning the es-
tates and maintenance Of the par
ties. or either of them, and tie care,
custody and maintenance of the chill
dren, and make new decree concern
ing the same, as the circumstances of
the children may require.
SEC. 8. When divorce is granted
for the cause of adultery or willful
desertion, committed by the husband,
4bo ,,r;fa eball ho antitlad tn hor dow