The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1872-02-08
An Act to Regulate the Granting of Divorces


Carolina, now met and sitting in General AS
sembly, and by the authority 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 per-
sons concerned
SEC. 2. That a divorce from the bond OF
matrimony may be decreed for the following
causes:
1st. Adultery.
I'd. Where either party wilfully abandons or
deserts the other for the period of two years
provided that when the suit is instituted by the
party deserting, it appears that the desertlon
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 neg
lect of the husband to provide suitable main
tenance for her, he being of sufficient ability
to do so.
SEC. 8. That the Circuit Courts of Common
Pleas shall have original jurisdiction of suits
for annulling or affirming marriages, or di-
vorces. No such suit shall be maintained, un-
less the parties, or one of them, is citizen OF
this State, or shall have resided therein at least
one whole year previous TO institutlng the
same The suit shall be brought in the coun-
ty in which the parties last cohabited, or lat
the option of the plaintiff) in the county in
which the defendant resides, if 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 de-
fendant answer or not, the cause shall be heard,
independently of the admissions of either par
ty in the pleading, 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 order that may be proper to compel
the man to pay any sums necessary tor the
maintenance of the woman, and to enable her
10 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 to preserve the estate
of the minor so that it be forthcoming to meet
any decree which may be made in the suit, or
compel him to give necessary security to abide
such decree.
SEC. 6. When the suit is for divorce for adul-
terry, the divorce shall not be granted if it ap-
pear that the parties voluntarily cohabited at
that it occurred more than five years before the
institution of the suit or that it was commit
ted by the procurement or connlyance OF the
plaintiff.
SEC. 7. Upon decreeing the dissolution OF
marriage, and also upon decreeing divorce,
the court may make such further decree 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 q new decree con-
corning the same, as the circumstances OF the
children may require.
SEC. s. When a divorce is granted for the
cause of adultery or willful desertion, commit
ted 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 matrimony.
SEC. g. Upon the dissolution of marriage
by decree of nullity or divorce, tor any cause,
except that of adultery committed by the wife,
the wife shall be entitled to the immediate pos
session of her real estate, in like manner II her
husband were dead and the court 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 the wife any personal estate, or money
in lieu thereof, it may require the husband to
disclose, on oath what personal estate has come
to him by reason of the marriage, and how 1t
has been disposed of, and what portion thereof
remains in his hands.
SEC. II. When divorce is dccrecd for any
of the causes mentioned in section of this
act the court granting it may decree alimonry
to the wife, or any share of her estate Ill the
nature of alimony to the husband.
SEC. ID 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 OF the
decree.
SEC. 49, Upon action of divorce for the cause
mentioned in section 2 of this act, in order to
secure suitable support and maintenance to
the wife and such children as may be commit
ted to her care and custody, a. attachment of
the husbands real and persona estate may be
made by the officer serving the summons. Ehe
amount for which the attachment may be made
shall be expressed in the warrant or attach
ment, which must be obtained from judge or
clerk of the court in which, or before whom,
the action is brought.
SEC. IL That all laws relating to attachment
of real or personal estate shall apply to attach
mcnt herein provided for, so far rs the same
are not inconsistent with this act
SEC. Is. When an inhabtant of this State,
whose marriage has been consummated therein,
shall 60 into another State or country solely to
obtain divorce, for any cause occurring here,
and whilst the parties resided here, or for any
cause which would not authorize divorce by
the laws of this State, a divorce so obtained
shall be of no force or effect in this State.
Approved January 81, A. d., 1872.
TIE CHINESE WALLs-Mr. Seward who
visited the great wall of China during his visit
to that country, recently gave the following de-