Bozeman avant courier. [volume] (Bozeman, Mont.) 1872-1882, 1878-06-06
Divorces In the Tcrritorles

The follow ing is the l1ew law on III
vorces, which passed the Senate on IT,,
25th of April last:
That the respective districts courts o
the following Territories of the Unite,
States to-wit: New Mexico, Utah, Wyom
ing, Washington. Dakota. and Montana
shall have exclusive original jurisdiction il
all matters, proceedings, and processes re
lating to d,, orcc: and all process or pro
ceeding how pending in any of the pro
bate courts of any of such Territories sha
hcncefort.l be transferred. entered anC
have day in district courts in each of the
Territories in which such probate court is
situated. And all peti, 9ns, bills, processes
or other proceedings instituted in any pro.
bate court in any snch Territories. in mat
ters of divorce. shall be transferred and re-
| turnab.e to, and have dry in, the district
court OF any such Territory in which such
after the day to which the same would be
rcturnable to such probate court or subject
to be proceeded with therein: and writs OF
error, bills OF exception, or appeals shall
be allowed in all cases of divorce from the
final decision of sttch district court to the
supreme court Of the Territories respec-
lively, in the same manner as in all other
civil eases heard or tried in said courts
Provided. That such appeal or writ or er-
ror shall be taken within thirty Gays after
the date of the Judgment or decree. And
the judgment or decree shall have no effect
to authorize either party to marry again
until the expiration of said thirty days.
And in case such writ Of error or appeal
being taken. the Judgment or decree of the
district court shall be subject to reversal,
allilmance, or modification by the supreme
court.
In the Territory of Arizona, the supreme
court alone shall have jurisdiction in all
matters OF divorce; and all cases and mat
ters of divorce pending and undetermined
in any other court of said Territory at the
time of the passage of this act. shall be
transferred to and triable and deterninable
in said supreme court: and all processes
issued in any manner of divorce from any
other court of said Territory, and not yet
returned, shall be returned to said supreme
court of SAID Territory.
SEC. =. Andno divorce shall be granted
in any of said Territories except for the
following causes. duly proved by witnesses
in open court or by tie dispositions duly
taken for that purpose. namely, first, for
the cause of adultery OF the party defend
ant, and not for this cause if it shall be
made to appear to the court that complain
ant has been guilty of the like oilense; sec
ond, for impotence; third, for extreme CRU
city. fourth, fer wilful and unjustitiable
desertion for the period of at least two
years: and. fifth. for haEitual drunkenness.
And no decree Of divorce Shall bc rendered
upon the mere default or failure of any de-
tcndant TO answer or plead to the alleGa-
tions of the complainant's bill or declara-
ton. Nor shall the admission of defend
ant in any form authorize a decree Of di-
vorce. Nor shall such decree in any wise
be rendered unless the court shall be salts
fled, upon due proof. that there is no col
lusion between the complainant or plaintiff
shall divorce entertained in behalf of any
complainant or defendant who has not. tor
at least one year before the institution OF
the suit. been an actual bona fide resident
of the Territory; nor. if the defendant is
not a resident of such Territory, until a
copy of the BILL petition. or declaration
shall have been served upon the defendant
or respondent, if his or her residence shall
be known at least three months before any
such case shall be heard, and such service
duly proved. If the residence of the de
fendant or respondent be unknown then.
upon satisfactory proof. by affidavit. OF
that fact, and showing also the last place
of residence of such defendant or respond
ent known to the complainant or plaintiff,
the court shall make an order for public;l-
tion of notice of the pcndency and objects
of the suits, in some newspaper in salt!
Territory, naming it, and also in the news
paper nearest the place of the last known
residence of such defendant or respondent,
at least once in each week for twelve sue
cessivc weeks prior to the time when such
defendant or respondent shall be required
to appear and defend. And in such case.
after such publication has been duly made
and proved, the court may proceed with
the case as upon personal service, except
that, if such nonresident defendant or re-
spondent shall appear, in person or by
counsel, and ask to defend, at any time
prior to the final judgment or decree, he
or she shall be entitled to make full de-
fence in the cause. No person shall be al
lowed to appear or act as attorney for
either party in suit for divorce without
first filing in court power of attorney
duly executed by such party, with due
proof of such execution.
Sec. 3. All laws of any of said Terri
tories, so far as they may be inconsistent
with any of the provisions ft this act, are
hereby repealed.-Congre,st4'ai Record.