Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-03-21
INSANITY GROUND
FOR DIVORCE NOW
Providing Defendant Has Laps'd
Into IncurabIe State
husband IS RESPONSIBLE
o,her Cases Court Shall Have
power Relative TO AIim0ny a"a
pl,trlbu,lon Of Property

,..,pent insanity is now a ground
fei,i..o,ee I'm the state OF Utah, ac-
for 9.oVt'o new statute that has arisen
ev'V ,he wake Of the Legislature tnat
~ ,st closed lbs session. IL ~ not, now
yu contemplated IN TINS law tlial
w. VINO is welded to a woman VINO
h"a lopsed into an inouraDle state OK
has KIN shall be enabled to shlIt the
lnsaonnsib0Ity Of providing for his UNI
isstprnota helpmeet AS In every other
iwsuns tbe court shall assume the
I'M .St IN nix an alImony, or annuity, or
Ht", 49,. il deems TO be just exaction
VIC ,, Inc husband, who wishes TO have
~ H." hands that tie him to his wife, dis
Lied for this reason. The law Is as
follows .s so,,ion toos pa.
al Statutes OF Utah, 1898, and pro-
,ISinq FOR divorce upon grounds Of per-
manent insanity r -
,be state Of Utah.
mai section 1908 OF the Revised
s,atntes OF Utah, 1898, be and the same
4. hereby amended to read as follows:
i9N Proceedings in divorce shall be
.ommenced and conducted In the man
oer nroyided By law for the proceed
ines In civil eases, except as hereinaf-
's5 nroyIded. and the court may decree
dissolution Of the marriage contract
Ss,yeen the plaintiff and defendant In
ou cases whore the plaintiff, for one
vear next prior to the commencement
II the action. shall have been an ac-
nal and bona flde resident OF the coun-
~ within the jurisdiction OF the court,
tor any Of the following causes, to-wit:
MIST impotency of the defendant at
me time Of marriage; second adultery
committed by defendant subsequent TO
marriage. third. wllfu desertion of
naInuR by defendant for more than
one year; fourth, wilful neglect Of de-
hnlant TO provide for plaintiff the
common necessaries Of life; fifth. habit
nal drunkenness of defendant sixth,
conviction Of defendant for felony. sew
enth cruel treatment Of plaintiff by the
defendant 10 the extent Of causing
great bodily injury or great mental dis
ires TO plaintiff, eighth, permanent
insanity OF defendant provided, that
no divorce shall he granted on the
ground Of insanity unless, first, the
defendant shall have been duly and
regularly adiudged to be insane by the
legally constituted authorities of this
state, or some other state, at least five
years prior TO the commencement OF the
action, second unless 1t shall appear
10 he satisfaction OF the court, by the
testimony OF competent witnesses. that
the insanity Of the defendant is incur
able In all such actions, the court
shall aDnoInt for defendant guardian
a Item who shall take such measures
anay be necessary and proper TO pro-
Il tta the interests OF the defendant; and
Il & copy Of the summons and complaint
4 must BE- duly served on the defendant
Il nperson, ON his guardian ad, Item. and
On the county attorney for the county
IN which such action is prosecuted; II
shall be the duty Of such county at
4 torney TO make an investigation into
4 The merits Of the case, and 20 attend
The court upon the trial Of said cause,
d and make such defense therein as may
he Just and proper to protect the rights
1 q the defendant and the interests Of
The state.
In all such actions the court and
luage thereof shall have all the powers
A relative to the payment Of allmony, the
distribution Of property, and the GUS
tody and maintenance Of minor chill
dnn which such courts now have or
may hereafter possess, In other actions
foT divorce.
n Either the plaintiff or defendant, or
legal representatives., shall, upon prop
PER notice. be entitled TO have the de-
iendant brought into court upon the
lral or to have an examination Of the
deiendant by two or more competent
4 mlylclans, to determine the mental
condition Of the defendant and for
such purpose either party may, upon
applcatlonhave process from the court
loenter any asylum or institution with
n the state where such defendant may
Be confined
The costs Of court in such action
naH be assessed or apportloned by
lhe court according to the equities Of
'he case, as may be just and proper.
i approved this 9th day Of March,