The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-02-03

| Acts and Joint ResolutioAs Passsd by the
0onoral Assembly OF South Cnxoiina,
Regular Session, 165l and 1874.
AN ACT TO REGULATE THE GRANTING OF
DIvORCKs.
SECTION l. Be II enacted by the Senate
and House Of Representatives. Of the State
Of South Carolina, ao,o met and sitting il,
General Assembly, and by the authoriiy of
me same, When the validity OF marri.
age has been denied or doubted by either
OF tho parties, the other may institute a
suit for affirming the marriage; and upon
due proof OF the validity thereof, it shall
DC decreed to be valid; and such decree
shall be conclusive upon all persons con-
oerned.
SEQ. 2. That divorce from the bond
OF matrimony may be decreed for the
following causes:
1st. Adultery.
I'd. Who're either party wilfully absn-
dons or deserts the other for the period
OF two years; provided, that when the
suit is Instituted hS the party dessrting,
IL appears 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 being
OF suffioiept ability so to do.
SEC. 3. That the Circuit Courts Of
Common Pleas shall have original juris-
dlotlon OF suits for annulling Or affirm
ing marriages, or for divorces. Ne suoh
SUIT shall be maintained, unless tho par
Ties, or one OF them, is citizen Of this
State, or shall have resided therein at
u
tutlng the same. The suit shall be
brought in the County in which the par-
ties last oohabited, or {at the option of
the plaintifD in the County in which the
defendant resides, il resident of this
State; but il not, then in the County in
which the plaintiff resides.
SEC. 4. That suits for divorce shall be
commenced by summons and complaint,
in the same manner an other actions: ::
and, whether the defendant answer or
not, the cause shall be heard, independ-
emily OF the admissions oi either party
IN the pleading, or otherwise. Costs
may be awarded to either party, OBJ JUS
tice 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 order that
may be proper to compel the man to paw
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 rer-
sonal liberty, or to provide for the Gus
tody and maintenance OF the minor chill
dren OF the parties during the pendency
OF the suit, or to preserve the estate Of
the minor, 40 that it be- forthcoming to
meet any decree Which may be made in
the suit, or to compel him to give neces-
sary security to abide such decree.
SEC b. When the suit is for divorce
for adultery, the divorce shall not be
granted if it appear that tae parties vo-
UNFAIRLY cohabited after the knowledge
OF the fact Of adultery. or that it oc-
Cured more than five years before the
Institution OF the suit. or that it was
committed by the procurement or cou-
nivanoe of the plaintiff.
SEC. Z. Upon decreeing the dissoln-
tlon OF marriage. and also upon decree
ing divorce, the court may make such
further decree as it shall deem expedi-
ent concerning the estates and mainten-
ance OF the parties, or either of them,
and the care. custody and maintenance
OF the children, and make new decree
concerning the same, as the crcum.
stances OF the children may require.
SEC s. When divorce is granted for
the cause Of adultery, or wilfull deser-
ton, committed by the husband, the
wife shall be entitled to her dover in his
lands in the same manner as if he we're
dead; but she shall not be entitled to
dover In any other case OF divorce from
the bond of matrlmony.
SEC. 9. Upon the dissolution of mar.
riage, by decree of nullity or divorce,
for any cause, except that of adultery
com mitted by the wife, the wife shall be-
entitled to the immediate possession OF
her real estate, in like manner if her
husband were dead; and the court may
make decree, restoring to tho wife the
whole, or any part, of the personal es-
tate that may have come to the husband
by reason OF the marriage. or awarding
to her the value thereof iu money, to be
paid by the husband.
SEC. lO. When the court deems it pro-
per to award the wife any personal es-
tate, or money in lieu thereof, it may re.
quire the husband to disclose, on oath,
what personal estate has come to him by
reason Of tho marriage, and how it has
been disposed of, and what portion there
Of remains in his hands.
SEC. IL. When q divorce is dccreed
for any Of the causes mentioned in Sec