Beaufort Republican. [volume] (Beaufort, S.C.) 1871-1873, 1872-02-15
Official.
Acts and Joint Resolutions passed BY the
General Assembly Of South Carolina,
Regular Session, 1871 and 1872. -
an act to Regulate tie Granting Of
DirOrces.

Divorces.
SECTION /. Be it enacted by the Sem
ate and House of Representatives ofthe
State of South Carolina, now met and sit
ting in General Assembly, and by the au-
thority Of the same:
When the validity of marriage has been
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 such decree shall be conclusive
upon all persons concerned.
Sec. 3. That divorce from the bond of
matrimony may be decreed for the following
causes:
lst. Adultery.
ID. Where either party willfully abandons
or deserts the other for the period Of two
years; provided that when the suit is insti-
tuted by the party deserting, it appears that
the desertion was caused by the extreme
cruelty of the other party, or that the deser-
ion by the wife was caused by the gross or
wanton and cruel neglect of the husband to
provide suitable riaintenance.for her, he be-
ing of sufficient ability so to do.
Sec. 3. That the Circuit courts of Com
mon Pleas shall have original jurisdiction of
suits for annulling or affirming marriages, or
for divorces. No such suit shall be main
rained, unless the parties, or one Of th2m, is
citizen of this State, or shall have resided
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 (atfthe option ofthe plain
tiff in the county in which the defendant re-
Sides if resident Of this State; but if not,
then in the county in which the plaintiff re-
sides.
Sec. 4. That suits for divorce shall be
commenced by summons and complaint, IN
the same manner as other actions; and,
whether the defendant answer 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 justice and equity may re-
quire.
Sec. ) That the court, in term, or the
Judge, in vacation; may, at any time pend
Ing 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 chill
dren of the parties during the pendency OF
the suit, Oh to prese We 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 decree.
Sec 6. When the suit is for divorce for
adultery, the divorce shall bot be granted il
it appear that the parties voluntarily cohab,
| tied after the knowledge Of the fact of adul-
terry. or that it occurred more than five years
before the institution Of the suit, or. that il
was committed by the procurement or con,
nivance of the plaintiff
Sec. I. Upon decreeing the dissolution
of a marriage, and also upon decreeing dl'
vorcc, the court may make such further de-
cree as it 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 a
new decree concerning the same, as the cir
cumstances of the children may require.
Sec. 8. When divorce is granted tol
the cause of adultery or wllful de$ertlon
committed by the husband, the wife shall be
entitled to her dover in 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 from the bond Of mltrlmony.
Sec. 9. Upon the dissolution OF mar
riage by decree of nullity or divorce, to'
any cause, except that Of adultery commit
ted by the wife, the wife shall BIZ entitled tc
the immediate possession of her real estate
in like manner as ifher husband were dead
and the court may make a decree, restoring
to the wife the whole, o" any part, OF th'
personal estate that may hay5 come to tho
husband by reason Of the marriage. or award
ing to her the value thereof in money, to bl
paid by the husband.
Sec. 10. When the court deems prope
to award the wife any personal estate, o.
money in lieu thereof, it may require tht
husband to disclose, on oath, what persona
estate has come to him by yreasoa of the mar
riugo. and how it has been disposed Of anl
what portion thereof remains in his hands.
G. IL Whom q diynra Is Gecreed to