Evening journal., 1891-01-31
COMEGY'S DIVORCE BILL
TO THROW DIVORCES INTO THE
COURTS.

An Act That VIII Take the Power OF
Divorce From the Legislature and
Make Divorce Possible to the Poor
In the Courts
staT Correspondence EVENING JOURNAL.
DOVER, Jan. 80 The following is the
| full to st Of the divorce bill drawn by
Chief Justice Comegys to be introduced
into the General Assembly during the
present session It will be introduced
/ into the House by Hon John G. Higgins
IL is entitled AN act supplementary u
Chapter 75of the Revised Code Of Della
ware"
Whereas, In the opinion OF this GEN
eral Assembly no more legislative
divorces should be granted-iurisdiction
to decree them, or separation from bed
and board having been conferred upon
the Superior Court by Chapter rs OF the
Revised Code, in all cases where inter
ference by law with the marital relation
! should be made-especially as there Is
question whether such grant of iurisdic
tion does not render invalid legislative
divorces for any of the csuFes included in
such grant while it remained unrepealed
And whereas, 1t is contended by the
opponents Of restriction of divorce lepis
letion to the aforesaid court. that It
would operate as a practical denial of
relief TO those who, entitled to il on
some one or more of the grounds men
toned in the chapter aforesaid, are vet
700 poor to defray the expense of a
divorce suit in court.
Wherefore to remove this objection
(Which however, is believed to be more
feigned than reaD:
Be it enacted by the Senate and House
Of Representatives Of the State of Della
ware in General Assembly met, as
follows:
Section !. When a party wishes to
commence proceedings for divorce or
separation, under the chapter aforesaid
and is too poor to meet the necessary ex-
pense thereof, he or she shall first
Apply by petition to the associate
justice OF the county, setting forth
the pature of their complaint and
that the petitioner Is without means to
prosecute it, and praying his consent that
the application shall be made. Sneh
petition shall be supported by affidavit of
the party, aud the facts set forth In H.
shall be inquired into by the Judge. and II
it appear to him that there IA
ground for the application, and that the
allegation Of poverty is shown to be true
be shall make an order that the appU
cant be allowed to proceed in the said
court at the expense OF the state. pro
vided, however, that no part OF such ex
ponse shall be so paid where the wife Is
complainant, il the husband shall be
able to bear il which ia such case shall
be betrayed rs now is the common
course.
And, whereas, advantage has been
taken Of the laxity Of the divorce system
OF this state by parties coming into the
state. under the pretense of purpose of
residing mere, to proceed, some before
the Legislature and some before tbe
court, TO have their marital
contracts dissolved without the publicity
that would attend such step, if it were
made IN the state or country of their
Wherefore to put stop to this
prscsiee and TO effect other results
Section 3. No divorce shall be granted
by the court upon the application Of anv
party for any cause, unless at the time
OF making the application TO the iudqe
hereinbefore provided for, be or she had
been bonafide resident OF this state and
domiciled therein at least three wears
heretofore, nor also unless personal ser
vice Of notice Of intention to apply To the
jndge, with the grounds thereof shall NJ
given TO the respondent at least one
month before the application shall be
made, or publication OF such purpose for
that length of time be made in some
newspaper circulating il the place of
abode Of such respondent who msy reside
ont OF this jurisdiction and proof thereof
made to such judge. The fact OF bona
hde domicile shall not only be aatisfae-
tory to the judges, but also the intention
OF the complainant that it shall continue.
Section 4 The utmost expense that
shall be incurred by the state 10 any case
shall be - dollars.
Section 8 No marriage Of either bus-
band OF wife, except their re- marriage
shall be valid, or recognized as such in
this state if had within three years from
the final decree Of divorce, whether con.
traeted here or elsewhere, and no final
judgments shall be passed until Six
month after a judgment nisi
Section 6. The expenses Of the pre-
proceedings before the Judge
shall be borne by the petitioner, and
be ordered 30 be paid. and be paid before
the application made to him shall be ap-
proved
Section 2 II the court think proper
they may, instead Of appointing com
missioner to take testimony ia divorce
cases, as is now the law, direct trial Of
the questions OF fact presented or matter
Of recrimmation by jury at the bar of
the court. In such ease the Jury shall
be instructed TO decide upon questions to
be submitted TO them in writing bv the
court. upon which decision the court shall
render their judgment II the finding
be not satisfactory the court may give
such Judgment as the ends sof Justice