The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-02-03

AN ACT to Regulate the Granting 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 AS
sembly, and by the authority of the same:
When the validity of marriage shall be
denied or doubted by either OF the parties, the
other may Institute suit for affirming the
marriage: and upon due proof of the validity
thereof. it shall be decreed to be valid, and
sncb decree shall be conclusive upon AL per-
sons concerned.
SEC. 2. That divorce from the ban OF mat
rimony may be decreed for the following
causes.
lst. Adultery.
2d. Where either party wilfu.ly abandons or
deserts the other for the period of two years:
Provided, That when the suit is instituted by
the party deserling, 1t appears that the deser-
ton 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 sufficient
ability so to do.
eco. 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,
unless the parties, or one Of them, is citizen
of this State, or shall have resided therein at
least one whole year previous to instltuting
the same. The suit shall be brought In the
county In which the parties last cohablted, or
lat the option of the piaintiff) in the county
In which the defendant resides, if a resident
Of this State; but if not, then in the county
In which the plaintiff resides.
SEC. 4. That suits for divorce shall be COM
menced by summons and complaint, In the
same manner as other actions; and, whether
the defendant answers or not, the cause shall
be heard, independently of the admissions OF
either party In the pleading, or otherwise.
Costs may be awarded to either party, as JUS
tice and equity may require.
: SEC. s. 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 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 maintenance
of the minor children of the parties during the
pendency Of the suit, or 10 preserve the estate
Of the minor, SO that 1t be forthcoming TO meet
any decree which may be made in the suit, or
to compel him 10 give necessary security to
abide such decree.
SEC. 6. When the suit is for divorce for
adultery, the divorce shall not be granted If 1t
appear that the parties voluntarily cohaplted
after the knowledge of the fact OF the adul-
tery. or that it occurred more than five years
before the institution of the suit, OF that 1t was
committed by the procurement or conniVance
OF the plaintiff
SEC. Z. Upon decreeing the dissolution OF
marriage, and also upon decreeing divorce
the court may make such further decree as 1t
shall deem expedient concerning the estates
and maintenance of the parties, or either OF
them. and the care custody and maintenance
of the children, and make new decree con-
cerning the same, as the circumstances OF lne
children may require.
Sec. 8. When divorce Is granted for the
C4UBo Ol j. VI UhiUk NooS1sASAf w.
mitted by the husband, the wife shall be en-
titled to her dover in his lands, In the same
manner ss If he were dead; but she shall not
be entitled to dover in any other case OF
divorce from the bond Of matrimony.
SEC. 9. Upon the dissolution of marriage
by a decree Of nullity or divorce for any cause,
except that of adultery, committed by the wife,
the wife shall be entitled to the immediate
possession of her real estate, 10 like manner as
If her husband were dead; and the cours may
make decree restoring to the wife the whole
or any part of the personal estate that may
have come to the husband BY reason OF the
marriage, or awarding to her the value thereof
in money, to be paid by the husband.
SEC. 10. When the court deems it proper to
award to the wife any personal estate, or
money In lieu thereof, 1t may require the hus-
band to disclose, on oath, what personal es'
tate has come to him BY reason of the mar
rage, and how 1t has been disposed Of, aud
what portion thereof remains In his hands.
SEC. IL. When divorce is decreed for any
of the causes mentioned In Section OF lhls
act, the court granting 1t may decree alimony
to the wife, or any snare OF ner esCaCe III lue
nature Of alimony to the husband.
SEC. Il. When alimony or other annual al
lowance is decreed for the wife or children
the court may require sufficient security to be
given for its payment, according to The terms
ofthe decree.
Sec. l3. Upon actions of divorce for the
cause mentioned in Section of this act, iu
order to secure suitable support and main
tenance to the wife aud such children as may
be committed to her care and custody, an at
tachment of the husbands real and personal
estate may be made by the officer serving the
summons. The amount for which the attach
ment may be made shall be expressed in The
warrant ofattachnent, which must be obtain
ed from judge or clerk OF the court ir
which, or before whom, the action Is brought
SEC. IA. That all laws relating to attach
ment of real or personal estate shall apply tt
attachments herein provided for, so far as the
same are not inconsistent with this act.
SEC. Is. When an inhabitant of this State
whose marriage has been consummated there
in. shall 20 iuto another State or country sole
" to obtain divorce, for any cause occurliu!
here. and whilst the parties resided here,