Year: 1860

AN ACT to authorize divorces the District of Columbia
and for other purposes


BE it enacted bv the Senate and ouse of Representatives,
OF the United States of America in Congress assembled,
That the circuit court for the District of Columbia shall
BY petition upon which the proceedings shall be had
as are had IN other cases. except so far is otherwise
hereinafter provided.


SEC And be further enacted That the petition for
divorce shall specify the therefor with certainty
and upon the being fled the clerk shall issue
for the defendant appear and If it shall
appear by the affidavit of snterested witness that the
defendant nonresident of this District has been alb
sent thererum for the space osx months the circuit court
after the return of one not found authorize
notice of the pc pency Of the petition to be given by pub
icaon in such shall direct The court shall
proceed to hear and determine such whenever such
shall have been served twenty days. such pub
caton forty days before the of The
term No judgment for divorce shall be rendered de-
fault without proof; shall admissions contained in
the of the defend be taken proof of the facts
charged the ground of the application, but the
Shal in all cases be proved other evidence
SEC g. And be it further enacted, That divorce vim
cuO matmOni from the bond of marriage may be granted
IN any OF the following cases, to wit:


First Where such marriage contracted whilst eth
r the parties thereto had former wife or husband Nv
ing unless the former marriage shall have been lawfully
dissolved and restraint shall have been imposed the
party contracting such second marriage.


Second. Where such marriage contracted during
The unacy of either party where either party mat
rmnnlalr ncapacitaed at the time of the marriage.


lhrd Where either party has committed adultery dur
ing the marriage


SEC T. And belt further enacted That divorce mensa





the following wit: cruelty Of treatment; endan
gerng the life health of one of the parties reasonable
apprehension to the satisfaction of the COURT of bodily
HARM the wfu deseron and abandonment by the party
complained against of the party complaining for the full
uninterrupted space of three years.
SEC And be it further enacted That no divorce shall
be granted for which shall have of
his District unless the party applying for the shall
nave resided within the District for two years next preced
ing the application. ~ =..


SEC And be it further enacted, That upon the disso-
on OF marriage account Of either ofthe parties hav
ing former wife husband living if shall appear that
Inc sec"nd marriage contracted in good faith BY the
party whose second marriage has been thus dissolved
WIN the full belief his or her part that the former wife
or husband was dead that fact shall be stated in the udg
ment or sentence of divorces and the issue of such
marriage born begotten before the commencement of
SUIT shall be deemed to be the legitimate issue of the
tracing. e" ~ P O~ W.
SEC T. And be it further enacted That upon the disso.


n OF marriage on account of the lunacy of either par
al me time OF such marriage the issue Of the marriage
shall be deemed to be legitimate. - .
oEc :. And be it further enacted, That divorce foI