[122]Vermont Stat.(1894), 509 ff.[123]Massachusetts made such provision in 1882. Clerks of court are to submit annual reports to the secretary of the commonwealth who is to embody the facts in his own report to the legislature. The first report is to cover the period 1879-82:Supp. to Pub. Stat., 1882-88, 40, 41. In Connecticut and Rhode Island the clerks are to make a similar report to the secretary of the state board of health:Gen. Stat. of Conn.(1887), 566, 567:Gen. Laws of R. I.(1896), 768, 322. The same officer is made register of vital statistics in New Hampshire:Pub. Stat.(1891), 490; and that state has provided that the clerks of the supreme court shall report to the register the record of all divorces decreed since July 1, 1858:Laws(1901), 513. Similar reports of decreesnisiare required in Maine:Rev. Stat.(1884), 522. Vermont has provided for the registration of decrees under general direction of the secretary of the state board of health, who is to publish a biennial report, beginning in 1900:Acts and Resolves(1898), 41 ff.[124]In this section are considered the laws of the District of Columbia and Porto Rico; the four territories, Arizona, Indian Territory, New Mexico, and Oklahoma; and the fifteen states, Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, South Carolina, Tennessee, Texas, Virginia, and West Virginia.[125]See chap. xv, sec. ii.[126]Laws of Md.(1790), chap. xxv.Cf.Bacon,Laws of Md.(1715), chap. 44, sec. 26.[127]Laws of Md.(1805), chap. xxxiii.[128]Maryland Laws(1806-7), chaps. xxxix, lxix, lxxvi, lxxvii, lxxx.[129]Thus theLawsof 1807-8, chaps. xx (no cause given), xxx (no cause given), ciii (desertion and elopement of wife), clxvi (no cause given), yield four cases; and theLawsof 1809, chaps. xxiv, l, two cases more (no cause assigned).[130]Act of Feb. 27, 1830:Laws(1829-30), chap. 202.[131]Act of March 4, 1836:Laws(1835-36), chap. 128. Twelve months' residence is required by this act.[132]Act of March 9, 1841:Laws(1840-41), chap. 238.[133]For the numerous cases of legislative divorce see theIndex to the Laws of Maryland, 1826-31;ibid.,1832-37;ibid.,1837-45, 224-29.[134]The constitution of 1851, Art. III, sec. 21, declares that "no divorces shall be granted by the General Assembly."[135]Act of Feb. 17, 1827:Acts of the Gen. Assembly(1826-27), 21, 22. The same act is repeated inSupp. to Rev. Code(1833), 222, 223. The law of 1827 appears to be the first legislation of Virginia on the subject of divorce, although "lawful divorce"—meaning doubtless that of the legislature—is incidentally mentioned in the act of 1792:Acts(1794), 205. The act of 1827 provides in all cases for an appeal to the court of appeals, but, apparently, not in divorces granted by the assembly.[136]Thus, on Jan. 25, 1827, Macy,aliasAmasa Gay (formerly Birdsong), got a divorce from her husband Charles. The cause is not mentioned, but he is not permitted to marry during her lifetime:Acts(1826-27), 126. On Jan. 27, 1827, David Parker, of the county of Nansemond, was released from his wife Jane, who likewise was not allowed to remarry:ibid., 126.[137]Act of March 18, 1848:Acts of the Assembly(1847-48), 165-67.[138]Constitution of 1851, Art. IV, sec. 35: seeCode(1860), 48.[139]Laws(1814), chap. 5; also inHaywood's Manual of the Laws of N. C.(1819), 174-78.[140]Acts(1818), chap. 968.[141]This inference is justified by the words of the act as quoted, and from the clause declaring "that all applications for other causes than those specified"—in the act of 1814—"shall be subject to the rules and regulations provided in said act for the causes therein mentioned."—Acts(1827-28), 19, 20. The law of 1814, as to causes, appears unaltered inLaws of the State(1821), II, 1292-95.[142]Poore,Charters, II, 1416 (1835), 1439 (1876).[143]By the ninth amendment to the constitution of 1820, ratified at the session of 1852-53:Rev. Stat.(1856), I, 96;Poore,Charters, II, 1122. The prohibition is retained in the constitution of 1875, Art. IV, sec. 53:Poore,Charters, II, 1175.[144]Act of Jan. 31, 1833:Laws of a Public and General Nature(1842), II, 361.[145]Wright,Report, 388, 389, 155.[146]Act of March 10, 1803:Stat. of Miss. Ter.(1816), 252-54.[147]Constitution of 1817, Art. VI, sec. 17:Poore,Charters, II, 1064; carried out by act of June 15, 1822:Code of Miss.(1848), 496.[148]Laws(1833), 235 ff.; Const. of 1832, Art. VII, sec. 15:Poore,Charters, II, 1077. The omission of the clause expressly requiring legislative sanction in the constitution of 1832 seems clearly to be intended to abolish legislative divorce. Yet the act of 1840 makes the decrees of the courts "final and conclusive, as fully as though the same had been confirmed by the legislature;" from which language one would naturally infer that the legislature had continued to ratify divorces after the constitution went into effect:Laws(1840), 51.Legislative divorce is prohibited by the constitution of 1868, Art. IV, sec. 22:Poore,Charters, II, 1084; and by Art. IV, secs. 87 and 90 of the constitution of 1890:New York Convention Manual, Part II, Vol. I, 1067 (1894).[149]The act also appears inDigest of Laws of Ala.(1823), 252.[150]Digest(1823), 254.[151]Art. VI, sec. 3, Const. of 1819:Digest(1823), 255:Poore,Charters, I, 42.[152]Act. of Dec. 21, 1820:Digest(1823), 256.[153]For these examples seeDigest(1823), 256-58 (those of 1821-22);Acts(1843), 143-47;Acts(1843-44), 210;Acts(1849-50), 517.[154]Cf.Const. of 1865, Art. IV, sec. 30; that of 1867, Art. IV, sec. 30; and that of 1875, Art. IV, sec. 23:Poore,Charters, I, 53, 65, 81.[155]Acts(1882-83), 587.[156]Acts Passed at the First Session of the Leg. Council of the Ter. of Orleans(1805), 454-56. On May 1, 1805, a divorce was granted to James Elliot and Sophia his wife:ibid., 456-58.[157]Lislet,Gen. Digest, II, Appendix, 25, 26, gives the list, with dates. These divorce acts, as usual, fill each but two or three lines in the statute-book, and usually the cause is not assigned. For examples seeActs(1822), 12;ibid.(1826), 34, 58, 60, 62, 222; andibid.(1827), 12, 18, 24.[158]By the act of March 19, 1827:Acts, 130-35.[159]Const. of 1845, Art. CXVII:Poore,Charters, I, 721; also Const. of 1852, Art. CXIV:Poore,op. cit., I, 735;Civil Code(1853), 19; Const. of 1864, Art. CXVII; and Const. of 1868, Art. CXIII:Poore,op. cit., I, 750, 767.[160]Fifteen of these divorces were granted by the one act of Feb. 7, 1879:Acts and Resolutions(1879), 5-8; for the others seeibid., 46, 112; and compare the act of Congress of July 30, 1886:Statutes at Large, XXIV, 170. In the same year, 1879, twenty-eight divorces were granted by the courts of Arizona, and five in the year before:Wright,Report, 151.[161]Act of Jan. 31, 1809:Littell,Stat. Law(1814), IV, 19, 20.[162]Const. of 1850, Art. II, sec. 32:Poore,op. cit., I, 671.[163]See the Index toActs of the Gen. Assemblyfor each year, 1809-50.[164]Act of Feb. 23, 1837:Acts(1836-37), 323, 324.[165]Acts of the Gen. Assembly(1842-43), 205, 206.[166]See chap. xv, sec. ii.[167]Const. of 1798, Art. III, sec. 9:Digest of Laws of Ga.(1801), 40;Poore,op. cit., I, 394.[168]Act of Dec. 1, 1802: inCompilation of Laws of Ga.(1812), 98-100.[169]Compilation of Laws of Ga.(1812), 312-14.[170]Prince,Digest(1837), 190; Headv.Head, 2Georgia, 193.[171]In theCompilation of Laws(1812), 61, 83, 113, 202-4, 264, 385, 408, 508, 509, 512, 569, are eighteen divorce acts; many appear inLaws of Ga., 1810-19(1821), 193-96, 252-63; and eighty-six cases, inDawson,Compilation, 1819-29(1831), 141-53.[172]Prince,Digest(1837), 187, note, gives the following summary, which appears to be inconsistent: "The number of persons divorced by the legislature since the date of the present constitution up to the close of the annual session of 1835, is 291, averaging from 1800 to 1810, about 4; from 1810 to 1820, 8; from 1820 to 1830, 18, and since that time, 28 per annum." If his averages are correct, the total number for the entire period would be about 440.[173]Nov. 27, 1807:Compilation(1812), 385, 386.[174]Laws of Ga., 1810-19(1821), 262, 263.[175]Const. 1798, Art. III, sec. 9, amendment of 1833, in force 1835:Prince,Digest(1837), 911;Poore,Charters, I, 399.[176]See chap. xi, sec. 3,c).[177]Code Napoléon, Nos. 233, 275-97.[178]Case of Headv.Head, 2Georgia Reports, 191-211.[179]Const. of 1798, Art. III, sec. 9, amendment of 1849:Cobb,Digest(1851), 1123;Poore,Charters, I, 401.[180]For natural and incurable impotency of body at the time of entering into the matrimonial contract; as also for idiocy and bigamy.[181]Act of Feb. 17, 1827:Acts of Gen. Assembly(1826-27), 21, 22.Cf.same law inSupp. to Rev. Code(1833), 222, 223.[182]Act of March 17, 1841:Acts of the Assembly(1840-41), 78, 79. The court may declare contracts void on the grounds named in 1827, "or for any other cause for which marriage is annulled by the ecclesiastical law" (78).[183]Act of March 18, 1848:Acts of Assembly(1847-48), 165-67.[184]Va. Code(1849), 561. Probably the abandonment or desertion is for a time less than five years, as the latter period is sufficient for a divorcea vinculo:Code(1860), 530, and note. On joint application of the parties and due evidence of reconciliation, a decree of separation may be revoked by the same court granting it; and when three years have elapsed without reconciliation after such a decree, the court may grant a full divorce:Acts(1895-96), 103; modified byibid.(1902-3), 87, 98.[185]This cause was added by the act of March 23, 1872:Acts of the Assembly(1871-72), 418, 419.[186]Code of Va.(1887), 561:Acts of the Assembly(1852-53), 47, 48. The term of desertion was reduced from five to three years byActs(1893-94), 425.[187]Code of West Va.(1891), 612, 613;ibid.(1900), 660-62. It is provided that "a charge of prostitution made by the husband against the wife falsely shall be deemed cruel treatment, within the meaning of this section."—Code(1900), 662. The penalties for bigamy do not extend to a person forming a new marriage when the husband or wife has been absent seven years and not heard from:ibid., 971.[188]As early as 1800 separate maintenance is secured to the wife in certain cases. It is enacted "that any court of quarter sessions or district court, shall be vested with jurisdiction to hear and determine applications from wives against their husbands for alimony, in cases where the husband has, or may hereafter desert or abandon his wife for the space of one year successively, or where he lives in open avowed adultery with another woman for the space of six months, and in cases of cruel, inhuman, and barbarous treatment."—Digest of the Stat. Laws of Ky.(1834), I, 121. Such cruel treatment warrants alimony even when life is not endangered: 2 J. J.Marshall, 324; but not divorce:ibid., 322."Before the passage of the above act, the chancellor had power to grant alimony, and since the statute it may be decreed in cases not embraced by it."—Digest(1834), I, 121, note. "After a decree for alimony, the power of the husband over the wife shall cease;" and she may use such alimony, and acquire and dispose of any property, "without being subject to the control, molestation, or hindrance" of the husband, as if she were afeme sole:ibid., I, 122. The two kinds of common-law divorce, in canonical sense, were originally recognized in Kentucky:Humphrey,Compendium of the Common Law in Force in Ky.(1822), 135.[189]Littell,Statute Law of Kentucky(1814), IV, 19, 20.[190]Act of Feb. 8, 1812:Littell,loc. cit., 407 ff. In case of divorce, the wife may not marry again within one year (409).[191]Humphrey,Compendium of the Common Law, in Force in Ky., 135, above cited.[192]For the present law of divorce seeKy. Stat.(1903), 846-51; and compare the act of March 2, 1843:Acts(1842-43), 29, 30.[193]Code of Md.(1888), I, 143.[194]Act of March 1, 1842:Laws(1841-42), chap. 262.[195]Laws(1844), chap. 306.[196]Laws(1846-47), chap. 340 (act of March 10, 1847);Mackall,Maryland Code(1861), I, 74, 75. The causes of limited divorce and the other provisions of the act are the same as in that of 1842.[197]Laws(1888), chap. 486, modifying an act of 1872, chap. 272, which is the basis of the present law inCode of Md.(1888), I, 142, 143.[198]North Carolina Acts(1827-28), 20.Cf.the preceding section of the text.[199]Rev. Stat. of N. C.(1837), 238-42.[200]The first three causes appear inPublic Laws(1871-72), 339; the fourth is added byibid.(1879), chap. 132, p. 240; the fifth byibid.(1887), chap. 100, p. 190; the sixth byibid.(1889), chap. 442, pp. 422, 423; the seventh byibid.(1903), 846, amending an act inibid.(1899), 337, which made the term of desertion one year; and the eighth byibid.(1899), 124, 125. The seventh cause applies only to cases occurring before Jan. 1, 1903. The offender divorced for the seventh cause may not rewed in five years; and he must have been a resident of the state for the same period.[201]The five causes of partial divorce are inPublic Laws(1871-72), 339, 340.Cf.Code of N. C.(1883), I, 514.[202]Scott,Laws of Tenn., Including those of North Carolina Now in Force(1821), I, 645-48 (act of Oct. 26, 1799).[203]Laws(1819), chap. 20;Stat. Laws(1831), I, 76.[204]Laws(1835), cited inCaruthers and Nicholson,Compilation of the Stat. of Tenn.(1836), 257-62.[205]Act of Jan. 7, 1840:Acts(1839-40), chap. 54, p. 90.[206]Act of Jan. 27, 1844:Acts(1843-44), chap. 176, pp. 200, 201.[207]Code of Tenn.(1884), 611;Shannon,Code(1896), 1042. The fifth and sixth causes appear inibid.(1858), 483; the tenth, inActs(1867-68), chap. 68.[208]Code of Tenn.(1884), 611, 612. InShannon,Code(1896), 1043, these are combined under three heads.[209]Act of Feb. 22, 1850:Cobb,Digest(1851), 226;Acts(1849-50), 151, 152.[210]Except that "fraud" is added to the fourth cause.[211]Code of Ga.(1896), II, 224 ff. Instead of "Levitical," "prohibited" degrees is now used.[212]Const. of 1877, Art. VI, secs. 4, 15, 16:N. Y. Convention Manual, Part II, Vol. I, 427, 431.Cf.Const. of 1865, Art. IV, sec. 2; 1868, Art. V, secs. 2, 3:Poore,Charters, I, 409, 420, 422.In case of partial divorce one jury is sufficient: Const. of 1877, Art. VI, sec. 15; and such seems to have been the earlier practice: 16Ga., 81;Code of Ga.(1882), 394, note. A juror may be challenged for "conscientious scruples" regarding divorce:Code(1882), 397. This last-named provision appears in the act of Dec. 22, 1840:Cobb,Digest(1851), 225, 226.[213]Act of March 10, 1803, passed by the Mississippi territorial legislature:Digest of the Laws of Ala.(1823), 252.[214]Act of Dec. 21, 1820:Digest(1823), 256.[215]Act of Dec. 23, 1824:Acts(1824), 61, 62.[216]Aikin,Digest(1833), 130-32.[217]Clay,Digest of Laws of Alabama(1843), 172; also inActs(1843), 27.[218]Acts(1869-70), 207, 208 (March 1).[219]Code of Ala.(1887), 253;ibid.(1897), 491-95. The first four of these causes appear inCode(1852), 378; the fifth and sixth in the act of 1870.[220]For interpretation of "cruelty" see 23Alabama, 785; 27Alabama, 222; 28Alabama, 315; 30Alabama, 714; 44Alabama, 670, 698.[221]Code of Ala.(1887), 524-26;ibid.(1897), 492. The causes of full divorce mentioned under II and III appear inCode(1852), 378.[222]Stat. of Miss. Ter.(1816), 252-54; and act of June 15, 1822, inCode of Miss.(1848), 495, 496.[223]Act of Feb. 13:Laws(1840), 125.[224]Act of Feb. 14:Laws(1850), 122.[225]Act of Nov. 29:Laws(1858), 166.[226]Act of Feb. 9:Laws(1860), 202.[227]Act of Jan. 29, 1862:Laws(1861-62), 246.[228]Act of Dec. 1, 1863:Laws(1862-63), 125, 126.[229]Act of Feb. 21, 1867:Laws(1866-67), 387.[230]Rev. Code(1858), 334.[231]By theRev. Code(1871): seeWright,Report, 154; andWillcox,The Divorce Problem, 52.[232]For interpretation of "cruel treatment" see Johnsv.Johns, 57Miss., 530.[233]Ann. Code of Miss.(1892), 419, 420.[234]Act of May 13, 1807:Laws of a Pub. and Gen. Nature(1842), 1, 90-92.[235]Ibid., II, 360.[236]Rev. Stat.(1835), 225 (Jan. 24). The "indignities" need not be offered to the person: 5Missouri, 278; 19Missouri, 352; 16M. A., 422; 17M. A., 390; but one or two such acts are insufficient: 34Missouri, 211.[237]According to the code, a "vagrant" is "every person who may be found loitering around houses of ill-fame, gambling houses, or places where liquors are sold or drunk, without any visible means of support, or shall attend or operate any gambling device or apparatus;" and "every able-bodied married man who shall neglect or refuse to provide for the support of his family, and every person found tramping or wandering around from place to place without any visible means of support." Besides being liable to suit for divorce, such a husband may be sentenced to not less than twenty days in the county jail, or to pay a fine of 20 dollars, or both:Rev. Stat.(1889), I, 917;ibid.(1899), I, 621. On vagrancy as a cause see 26M. A., 647.[238]Act of March 12:Laws(1849), 49, 50;Rev. Stat.(1889), I, 1029-32;ibid.(1899), I, 741. The circuit courts have jurisdiction; and process is as in civil suits, except that the answer of the defendant need not be under oath.[239]Acts of Oct. 31, 1828, and Feb. 4, 1835, inRev. Stat. of Fla.(1892), 504; orThompson,Manual or Digest(1847), 47, 222-24. Incurable insanity is made a legal ground of divorce byActs(1901), 118-21.[240]On the allegations necessary see Johnsonv.Johnson, 23Florida, 413; Burnsv.Burns, 13Florida, 369; and on what does not constitute a cause, Crawfordv.Crawford, 17Florida, 180.[241]Digest of Civil Laws Now in Force(1808), 26, 28, 30; alsoCode Civil(1825), 80, 87-91;Lislet,Gen. Digest, II, 3 ff.;Civil Code of La.(1853), 19.[242]Act of March 19:Acts(1827), 130-35; also inCivil Code(1853), 19, 20. Such is still the law, except as to the term between the decrees.[243]Act of April 2:Acts(1832), 152; also inCivil Code(1853), 20, 21.
[122]Vermont Stat.(1894), 509 ff.
[122]Vermont Stat.(1894), 509 ff.
[123]Massachusetts made such provision in 1882. Clerks of court are to submit annual reports to the secretary of the commonwealth who is to embody the facts in his own report to the legislature. The first report is to cover the period 1879-82:Supp. to Pub. Stat., 1882-88, 40, 41. In Connecticut and Rhode Island the clerks are to make a similar report to the secretary of the state board of health:Gen. Stat. of Conn.(1887), 566, 567:Gen. Laws of R. I.(1896), 768, 322. The same officer is made register of vital statistics in New Hampshire:Pub. Stat.(1891), 490; and that state has provided that the clerks of the supreme court shall report to the register the record of all divorces decreed since July 1, 1858:Laws(1901), 513. Similar reports of decreesnisiare required in Maine:Rev. Stat.(1884), 522. Vermont has provided for the registration of decrees under general direction of the secretary of the state board of health, who is to publish a biennial report, beginning in 1900:Acts and Resolves(1898), 41 ff.
[123]Massachusetts made such provision in 1882. Clerks of court are to submit annual reports to the secretary of the commonwealth who is to embody the facts in his own report to the legislature. The first report is to cover the period 1879-82:Supp. to Pub. Stat., 1882-88, 40, 41. In Connecticut and Rhode Island the clerks are to make a similar report to the secretary of the state board of health:Gen. Stat. of Conn.(1887), 566, 567:Gen. Laws of R. I.(1896), 768, 322. The same officer is made register of vital statistics in New Hampshire:Pub. Stat.(1891), 490; and that state has provided that the clerks of the supreme court shall report to the register the record of all divorces decreed since July 1, 1858:Laws(1901), 513. Similar reports of decreesnisiare required in Maine:Rev. Stat.(1884), 522. Vermont has provided for the registration of decrees under general direction of the secretary of the state board of health, who is to publish a biennial report, beginning in 1900:Acts and Resolves(1898), 41 ff.
[124]In this section are considered the laws of the District of Columbia and Porto Rico; the four territories, Arizona, Indian Territory, New Mexico, and Oklahoma; and the fifteen states, Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, South Carolina, Tennessee, Texas, Virginia, and West Virginia.
[124]In this section are considered the laws of the District of Columbia and Porto Rico; the four territories, Arizona, Indian Territory, New Mexico, and Oklahoma; and the fifteen states, Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, South Carolina, Tennessee, Texas, Virginia, and West Virginia.
[125]See chap. xv, sec. ii.
[125]See chap. xv, sec. ii.
[126]Laws of Md.(1790), chap. xxv.Cf.Bacon,Laws of Md.(1715), chap. 44, sec. 26.
[126]Laws of Md.(1790), chap. xxv.Cf.Bacon,Laws of Md.(1715), chap. 44, sec. 26.
[127]Laws of Md.(1805), chap. xxxiii.
[127]Laws of Md.(1805), chap. xxxiii.
[128]Maryland Laws(1806-7), chaps. xxxix, lxix, lxxvi, lxxvii, lxxx.
[128]Maryland Laws(1806-7), chaps. xxxix, lxix, lxxvi, lxxvii, lxxx.
[129]Thus theLawsof 1807-8, chaps. xx (no cause given), xxx (no cause given), ciii (desertion and elopement of wife), clxvi (no cause given), yield four cases; and theLawsof 1809, chaps. xxiv, l, two cases more (no cause assigned).
[129]Thus theLawsof 1807-8, chaps. xx (no cause given), xxx (no cause given), ciii (desertion and elopement of wife), clxvi (no cause given), yield four cases; and theLawsof 1809, chaps. xxiv, l, two cases more (no cause assigned).
[130]Act of Feb. 27, 1830:Laws(1829-30), chap. 202.
[130]Act of Feb. 27, 1830:Laws(1829-30), chap. 202.
[131]Act of March 4, 1836:Laws(1835-36), chap. 128. Twelve months' residence is required by this act.
[131]Act of March 4, 1836:Laws(1835-36), chap. 128. Twelve months' residence is required by this act.
[132]Act of March 9, 1841:Laws(1840-41), chap. 238.
[132]Act of March 9, 1841:Laws(1840-41), chap. 238.
[133]For the numerous cases of legislative divorce see theIndex to the Laws of Maryland, 1826-31;ibid.,1832-37;ibid.,1837-45, 224-29.
[133]For the numerous cases of legislative divorce see theIndex to the Laws of Maryland, 1826-31;ibid.,1832-37;ibid.,1837-45, 224-29.
[134]The constitution of 1851, Art. III, sec. 21, declares that "no divorces shall be granted by the General Assembly."
[134]The constitution of 1851, Art. III, sec. 21, declares that "no divorces shall be granted by the General Assembly."
[135]Act of Feb. 17, 1827:Acts of the Gen. Assembly(1826-27), 21, 22. The same act is repeated inSupp. to Rev. Code(1833), 222, 223. The law of 1827 appears to be the first legislation of Virginia on the subject of divorce, although "lawful divorce"—meaning doubtless that of the legislature—is incidentally mentioned in the act of 1792:Acts(1794), 205. The act of 1827 provides in all cases for an appeal to the court of appeals, but, apparently, not in divorces granted by the assembly.
[135]Act of Feb. 17, 1827:Acts of the Gen. Assembly(1826-27), 21, 22. The same act is repeated inSupp. to Rev. Code(1833), 222, 223. The law of 1827 appears to be the first legislation of Virginia on the subject of divorce, although "lawful divorce"—meaning doubtless that of the legislature—is incidentally mentioned in the act of 1792:Acts(1794), 205. The act of 1827 provides in all cases for an appeal to the court of appeals, but, apparently, not in divorces granted by the assembly.
[136]Thus, on Jan. 25, 1827, Macy,aliasAmasa Gay (formerly Birdsong), got a divorce from her husband Charles. The cause is not mentioned, but he is not permitted to marry during her lifetime:Acts(1826-27), 126. On Jan. 27, 1827, David Parker, of the county of Nansemond, was released from his wife Jane, who likewise was not allowed to remarry:ibid., 126.
[136]Thus, on Jan. 25, 1827, Macy,aliasAmasa Gay (formerly Birdsong), got a divorce from her husband Charles. The cause is not mentioned, but he is not permitted to marry during her lifetime:Acts(1826-27), 126. On Jan. 27, 1827, David Parker, of the county of Nansemond, was released from his wife Jane, who likewise was not allowed to remarry:ibid., 126.
[137]Act of March 18, 1848:Acts of the Assembly(1847-48), 165-67.
[137]Act of March 18, 1848:Acts of the Assembly(1847-48), 165-67.
[138]Constitution of 1851, Art. IV, sec. 35: seeCode(1860), 48.
[138]Constitution of 1851, Art. IV, sec. 35: seeCode(1860), 48.
[139]Laws(1814), chap. 5; also inHaywood's Manual of the Laws of N. C.(1819), 174-78.
[139]Laws(1814), chap. 5; also inHaywood's Manual of the Laws of N. C.(1819), 174-78.
[140]Acts(1818), chap. 968.
[140]Acts(1818), chap. 968.
[141]This inference is justified by the words of the act as quoted, and from the clause declaring "that all applications for other causes than those specified"—in the act of 1814—"shall be subject to the rules and regulations provided in said act for the causes therein mentioned."—Acts(1827-28), 19, 20. The law of 1814, as to causes, appears unaltered inLaws of the State(1821), II, 1292-95.
[141]This inference is justified by the words of the act as quoted, and from the clause declaring "that all applications for other causes than those specified"—in the act of 1814—"shall be subject to the rules and regulations provided in said act for the causes therein mentioned."—Acts(1827-28), 19, 20. The law of 1814, as to causes, appears unaltered inLaws of the State(1821), II, 1292-95.
[142]Poore,Charters, II, 1416 (1835), 1439 (1876).
[142]Poore,Charters, II, 1416 (1835), 1439 (1876).
[143]By the ninth amendment to the constitution of 1820, ratified at the session of 1852-53:Rev. Stat.(1856), I, 96;Poore,Charters, II, 1122. The prohibition is retained in the constitution of 1875, Art. IV, sec. 53:Poore,Charters, II, 1175.
[143]By the ninth amendment to the constitution of 1820, ratified at the session of 1852-53:Rev. Stat.(1856), I, 96;Poore,Charters, II, 1122. The prohibition is retained in the constitution of 1875, Art. IV, sec. 53:Poore,Charters, II, 1175.
[144]Act of Jan. 31, 1833:Laws of a Public and General Nature(1842), II, 361.
[144]Act of Jan. 31, 1833:Laws of a Public and General Nature(1842), II, 361.
[145]Wright,Report, 388, 389, 155.
[145]Wright,Report, 388, 389, 155.
[146]Act of March 10, 1803:Stat. of Miss. Ter.(1816), 252-54.
[146]Act of March 10, 1803:Stat. of Miss. Ter.(1816), 252-54.
[147]Constitution of 1817, Art. VI, sec. 17:Poore,Charters, II, 1064; carried out by act of June 15, 1822:Code of Miss.(1848), 496.
[147]Constitution of 1817, Art. VI, sec. 17:Poore,Charters, II, 1064; carried out by act of June 15, 1822:Code of Miss.(1848), 496.
[148]Laws(1833), 235 ff.; Const. of 1832, Art. VII, sec. 15:Poore,Charters, II, 1077. The omission of the clause expressly requiring legislative sanction in the constitution of 1832 seems clearly to be intended to abolish legislative divorce. Yet the act of 1840 makes the decrees of the courts "final and conclusive, as fully as though the same had been confirmed by the legislature;" from which language one would naturally infer that the legislature had continued to ratify divorces after the constitution went into effect:Laws(1840), 51.Legislative divorce is prohibited by the constitution of 1868, Art. IV, sec. 22:Poore,Charters, II, 1084; and by Art. IV, secs. 87 and 90 of the constitution of 1890:New York Convention Manual, Part II, Vol. I, 1067 (1894).
[148]Laws(1833), 235 ff.; Const. of 1832, Art. VII, sec. 15:Poore,Charters, II, 1077. The omission of the clause expressly requiring legislative sanction in the constitution of 1832 seems clearly to be intended to abolish legislative divorce. Yet the act of 1840 makes the decrees of the courts "final and conclusive, as fully as though the same had been confirmed by the legislature;" from which language one would naturally infer that the legislature had continued to ratify divorces after the constitution went into effect:Laws(1840), 51.
Legislative divorce is prohibited by the constitution of 1868, Art. IV, sec. 22:Poore,Charters, II, 1084; and by Art. IV, secs. 87 and 90 of the constitution of 1890:New York Convention Manual, Part II, Vol. I, 1067 (1894).
[149]The act also appears inDigest of Laws of Ala.(1823), 252.
[149]The act also appears inDigest of Laws of Ala.(1823), 252.
[150]Digest(1823), 254.
[150]Digest(1823), 254.
[151]Art. VI, sec. 3, Const. of 1819:Digest(1823), 255:Poore,Charters, I, 42.
[151]Art. VI, sec. 3, Const. of 1819:Digest(1823), 255:Poore,Charters, I, 42.
[152]Act. of Dec. 21, 1820:Digest(1823), 256.
[152]Act. of Dec. 21, 1820:Digest(1823), 256.
[153]For these examples seeDigest(1823), 256-58 (those of 1821-22);Acts(1843), 143-47;Acts(1843-44), 210;Acts(1849-50), 517.
[153]For these examples seeDigest(1823), 256-58 (those of 1821-22);Acts(1843), 143-47;Acts(1843-44), 210;Acts(1849-50), 517.
[154]Cf.Const. of 1865, Art. IV, sec. 30; that of 1867, Art. IV, sec. 30; and that of 1875, Art. IV, sec. 23:Poore,Charters, I, 53, 65, 81.
[154]Cf.Const. of 1865, Art. IV, sec. 30; that of 1867, Art. IV, sec. 30; and that of 1875, Art. IV, sec. 23:Poore,Charters, I, 53, 65, 81.
[155]Acts(1882-83), 587.
[155]Acts(1882-83), 587.
[156]Acts Passed at the First Session of the Leg. Council of the Ter. of Orleans(1805), 454-56. On May 1, 1805, a divorce was granted to James Elliot and Sophia his wife:ibid., 456-58.
[156]Acts Passed at the First Session of the Leg. Council of the Ter. of Orleans(1805), 454-56. On May 1, 1805, a divorce was granted to James Elliot and Sophia his wife:ibid., 456-58.
[157]Lislet,Gen. Digest, II, Appendix, 25, 26, gives the list, with dates. These divorce acts, as usual, fill each but two or three lines in the statute-book, and usually the cause is not assigned. For examples seeActs(1822), 12;ibid.(1826), 34, 58, 60, 62, 222; andibid.(1827), 12, 18, 24.
[157]Lislet,Gen. Digest, II, Appendix, 25, 26, gives the list, with dates. These divorce acts, as usual, fill each but two or three lines in the statute-book, and usually the cause is not assigned. For examples seeActs(1822), 12;ibid.(1826), 34, 58, 60, 62, 222; andibid.(1827), 12, 18, 24.
[158]By the act of March 19, 1827:Acts, 130-35.
[158]By the act of March 19, 1827:Acts, 130-35.
[159]Const. of 1845, Art. CXVII:Poore,Charters, I, 721; also Const. of 1852, Art. CXIV:Poore,op. cit., I, 735;Civil Code(1853), 19; Const. of 1864, Art. CXVII; and Const. of 1868, Art. CXIII:Poore,op. cit., I, 750, 767.
[159]Const. of 1845, Art. CXVII:Poore,Charters, I, 721; also Const. of 1852, Art. CXIV:Poore,op. cit., I, 735;Civil Code(1853), 19; Const. of 1864, Art. CXVII; and Const. of 1868, Art. CXIII:Poore,op. cit., I, 750, 767.
[160]Fifteen of these divorces were granted by the one act of Feb. 7, 1879:Acts and Resolutions(1879), 5-8; for the others seeibid., 46, 112; and compare the act of Congress of July 30, 1886:Statutes at Large, XXIV, 170. In the same year, 1879, twenty-eight divorces were granted by the courts of Arizona, and five in the year before:Wright,Report, 151.
[160]Fifteen of these divorces were granted by the one act of Feb. 7, 1879:Acts and Resolutions(1879), 5-8; for the others seeibid., 46, 112; and compare the act of Congress of July 30, 1886:Statutes at Large, XXIV, 170. In the same year, 1879, twenty-eight divorces were granted by the courts of Arizona, and five in the year before:Wright,Report, 151.
[161]Act of Jan. 31, 1809:Littell,Stat. Law(1814), IV, 19, 20.
[161]Act of Jan. 31, 1809:Littell,Stat. Law(1814), IV, 19, 20.
[162]Const. of 1850, Art. II, sec. 32:Poore,op. cit., I, 671.
[162]Const. of 1850, Art. II, sec. 32:Poore,op. cit., I, 671.
[163]See the Index toActs of the Gen. Assemblyfor each year, 1809-50.
[163]See the Index toActs of the Gen. Assemblyfor each year, 1809-50.
[164]Act of Feb. 23, 1837:Acts(1836-37), 323, 324.
[164]Act of Feb. 23, 1837:Acts(1836-37), 323, 324.
[165]Acts of the Gen. Assembly(1842-43), 205, 206.
[165]Acts of the Gen. Assembly(1842-43), 205, 206.
[166]See chap. xv, sec. ii.
[166]See chap. xv, sec. ii.
[167]Const. of 1798, Art. III, sec. 9:Digest of Laws of Ga.(1801), 40;Poore,op. cit., I, 394.
[167]Const. of 1798, Art. III, sec. 9:Digest of Laws of Ga.(1801), 40;Poore,op. cit., I, 394.
[168]Act of Dec. 1, 1802: inCompilation of Laws of Ga.(1812), 98-100.
[168]Act of Dec. 1, 1802: inCompilation of Laws of Ga.(1812), 98-100.
[169]Compilation of Laws of Ga.(1812), 312-14.
[169]Compilation of Laws of Ga.(1812), 312-14.
[170]Prince,Digest(1837), 190; Headv.Head, 2Georgia, 193.
[170]Prince,Digest(1837), 190; Headv.Head, 2Georgia, 193.
[171]In theCompilation of Laws(1812), 61, 83, 113, 202-4, 264, 385, 408, 508, 509, 512, 569, are eighteen divorce acts; many appear inLaws of Ga., 1810-19(1821), 193-96, 252-63; and eighty-six cases, inDawson,Compilation, 1819-29(1831), 141-53.
[171]In theCompilation of Laws(1812), 61, 83, 113, 202-4, 264, 385, 408, 508, 509, 512, 569, are eighteen divorce acts; many appear inLaws of Ga., 1810-19(1821), 193-96, 252-63; and eighty-six cases, inDawson,Compilation, 1819-29(1831), 141-53.
[172]Prince,Digest(1837), 187, note, gives the following summary, which appears to be inconsistent: "The number of persons divorced by the legislature since the date of the present constitution up to the close of the annual session of 1835, is 291, averaging from 1800 to 1810, about 4; from 1810 to 1820, 8; from 1820 to 1830, 18, and since that time, 28 per annum." If his averages are correct, the total number for the entire period would be about 440.
[172]Prince,Digest(1837), 187, note, gives the following summary, which appears to be inconsistent: "The number of persons divorced by the legislature since the date of the present constitution up to the close of the annual session of 1835, is 291, averaging from 1800 to 1810, about 4; from 1810 to 1820, 8; from 1820 to 1830, 18, and since that time, 28 per annum." If his averages are correct, the total number for the entire period would be about 440.
[173]Nov. 27, 1807:Compilation(1812), 385, 386.
[173]Nov. 27, 1807:Compilation(1812), 385, 386.
[174]Laws of Ga., 1810-19(1821), 262, 263.
[174]Laws of Ga., 1810-19(1821), 262, 263.
[175]Const. 1798, Art. III, sec. 9, amendment of 1833, in force 1835:Prince,Digest(1837), 911;Poore,Charters, I, 399.
[175]Const. 1798, Art. III, sec. 9, amendment of 1833, in force 1835:Prince,Digest(1837), 911;Poore,Charters, I, 399.
[176]See chap. xi, sec. 3,c).
[176]See chap. xi, sec. 3,c).
[177]Code Napoléon, Nos. 233, 275-97.
[177]Code Napoléon, Nos. 233, 275-97.
[178]Case of Headv.Head, 2Georgia Reports, 191-211.
[178]Case of Headv.Head, 2Georgia Reports, 191-211.
[179]Const. of 1798, Art. III, sec. 9, amendment of 1849:Cobb,Digest(1851), 1123;Poore,Charters, I, 401.
[179]Const. of 1798, Art. III, sec. 9, amendment of 1849:Cobb,Digest(1851), 1123;Poore,Charters, I, 401.
[180]For natural and incurable impotency of body at the time of entering into the matrimonial contract; as also for idiocy and bigamy.
[180]For natural and incurable impotency of body at the time of entering into the matrimonial contract; as also for idiocy and bigamy.
[181]Act of Feb. 17, 1827:Acts of Gen. Assembly(1826-27), 21, 22.Cf.same law inSupp. to Rev. Code(1833), 222, 223.
[181]Act of Feb. 17, 1827:Acts of Gen. Assembly(1826-27), 21, 22.Cf.same law inSupp. to Rev. Code(1833), 222, 223.
[182]Act of March 17, 1841:Acts of the Assembly(1840-41), 78, 79. The court may declare contracts void on the grounds named in 1827, "or for any other cause for which marriage is annulled by the ecclesiastical law" (78).
[182]Act of March 17, 1841:Acts of the Assembly(1840-41), 78, 79. The court may declare contracts void on the grounds named in 1827, "or for any other cause for which marriage is annulled by the ecclesiastical law" (78).
[183]Act of March 18, 1848:Acts of Assembly(1847-48), 165-67.
[183]Act of March 18, 1848:Acts of Assembly(1847-48), 165-67.
[184]Va. Code(1849), 561. Probably the abandonment or desertion is for a time less than five years, as the latter period is sufficient for a divorcea vinculo:Code(1860), 530, and note. On joint application of the parties and due evidence of reconciliation, a decree of separation may be revoked by the same court granting it; and when three years have elapsed without reconciliation after such a decree, the court may grant a full divorce:Acts(1895-96), 103; modified byibid.(1902-3), 87, 98.
[184]Va. Code(1849), 561. Probably the abandonment or desertion is for a time less than five years, as the latter period is sufficient for a divorcea vinculo:Code(1860), 530, and note. On joint application of the parties and due evidence of reconciliation, a decree of separation may be revoked by the same court granting it; and when three years have elapsed without reconciliation after such a decree, the court may grant a full divorce:Acts(1895-96), 103; modified byibid.(1902-3), 87, 98.
[185]This cause was added by the act of March 23, 1872:Acts of the Assembly(1871-72), 418, 419.
[185]This cause was added by the act of March 23, 1872:Acts of the Assembly(1871-72), 418, 419.
[186]Code of Va.(1887), 561:Acts of the Assembly(1852-53), 47, 48. The term of desertion was reduced from five to three years byActs(1893-94), 425.
[186]Code of Va.(1887), 561:Acts of the Assembly(1852-53), 47, 48. The term of desertion was reduced from five to three years byActs(1893-94), 425.
[187]Code of West Va.(1891), 612, 613;ibid.(1900), 660-62. It is provided that "a charge of prostitution made by the husband against the wife falsely shall be deemed cruel treatment, within the meaning of this section."—Code(1900), 662. The penalties for bigamy do not extend to a person forming a new marriage when the husband or wife has been absent seven years and not heard from:ibid., 971.
[187]Code of West Va.(1891), 612, 613;ibid.(1900), 660-62. It is provided that "a charge of prostitution made by the husband against the wife falsely shall be deemed cruel treatment, within the meaning of this section."—Code(1900), 662. The penalties for bigamy do not extend to a person forming a new marriage when the husband or wife has been absent seven years and not heard from:ibid., 971.
[188]As early as 1800 separate maintenance is secured to the wife in certain cases. It is enacted "that any court of quarter sessions or district court, shall be vested with jurisdiction to hear and determine applications from wives against their husbands for alimony, in cases where the husband has, or may hereafter desert or abandon his wife for the space of one year successively, or where he lives in open avowed adultery with another woman for the space of six months, and in cases of cruel, inhuman, and barbarous treatment."—Digest of the Stat. Laws of Ky.(1834), I, 121. Such cruel treatment warrants alimony even when life is not endangered: 2 J. J.Marshall, 324; but not divorce:ibid., 322."Before the passage of the above act, the chancellor had power to grant alimony, and since the statute it may be decreed in cases not embraced by it."—Digest(1834), I, 121, note. "After a decree for alimony, the power of the husband over the wife shall cease;" and she may use such alimony, and acquire and dispose of any property, "without being subject to the control, molestation, or hindrance" of the husband, as if she were afeme sole:ibid., I, 122. The two kinds of common-law divorce, in canonical sense, were originally recognized in Kentucky:Humphrey,Compendium of the Common Law in Force in Ky.(1822), 135.
[188]As early as 1800 separate maintenance is secured to the wife in certain cases. It is enacted "that any court of quarter sessions or district court, shall be vested with jurisdiction to hear and determine applications from wives against their husbands for alimony, in cases where the husband has, or may hereafter desert or abandon his wife for the space of one year successively, or where he lives in open avowed adultery with another woman for the space of six months, and in cases of cruel, inhuman, and barbarous treatment."—Digest of the Stat. Laws of Ky.(1834), I, 121. Such cruel treatment warrants alimony even when life is not endangered: 2 J. J.Marshall, 324; but not divorce:ibid., 322.
"Before the passage of the above act, the chancellor had power to grant alimony, and since the statute it may be decreed in cases not embraced by it."—Digest(1834), I, 121, note. "After a decree for alimony, the power of the husband over the wife shall cease;" and she may use such alimony, and acquire and dispose of any property, "without being subject to the control, molestation, or hindrance" of the husband, as if she were afeme sole:ibid., I, 122. The two kinds of common-law divorce, in canonical sense, were originally recognized in Kentucky:Humphrey,Compendium of the Common Law in Force in Ky.(1822), 135.
[189]Littell,Statute Law of Kentucky(1814), IV, 19, 20.
[189]Littell,Statute Law of Kentucky(1814), IV, 19, 20.
[190]Act of Feb. 8, 1812:Littell,loc. cit., 407 ff. In case of divorce, the wife may not marry again within one year (409).
[190]Act of Feb. 8, 1812:Littell,loc. cit., 407 ff. In case of divorce, the wife may not marry again within one year (409).
[191]Humphrey,Compendium of the Common Law, in Force in Ky., 135, above cited.
[191]Humphrey,Compendium of the Common Law, in Force in Ky., 135, above cited.
[192]For the present law of divorce seeKy. Stat.(1903), 846-51; and compare the act of March 2, 1843:Acts(1842-43), 29, 30.
[192]For the present law of divorce seeKy. Stat.(1903), 846-51; and compare the act of March 2, 1843:Acts(1842-43), 29, 30.
[193]Code of Md.(1888), I, 143.
[193]Code of Md.(1888), I, 143.
[194]Act of March 1, 1842:Laws(1841-42), chap. 262.
[194]Act of March 1, 1842:Laws(1841-42), chap. 262.
[195]Laws(1844), chap. 306.
[195]Laws(1844), chap. 306.
[196]Laws(1846-47), chap. 340 (act of March 10, 1847);Mackall,Maryland Code(1861), I, 74, 75. The causes of limited divorce and the other provisions of the act are the same as in that of 1842.
[196]Laws(1846-47), chap. 340 (act of March 10, 1847);Mackall,Maryland Code(1861), I, 74, 75. The causes of limited divorce and the other provisions of the act are the same as in that of 1842.
[197]Laws(1888), chap. 486, modifying an act of 1872, chap. 272, which is the basis of the present law inCode of Md.(1888), I, 142, 143.
[197]Laws(1888), chap. 486, modifying an act of 1872, chap. 272, which is the basis of the present law inCode of Md.(1888), I, 142, 143.
[198]North Carolina Acts(1827-28), 20.Cf.the preceding section of the text.
[198]North Carolina Acts(1827-28), 20.Cf.the preceding section of the text.
[199]Rev. Stat. of N. C.(1837), 238-42.
[199]Rev. Stat. of N. C.(1837), 238-42.
[200]The first three causes appear inPublic Laws(1871-72), 339; the fourth is added byibid.(1879), chap. 132, p. 240; the fifth byibid.(1887), chap. 100, p. 190; the sixth byibid.(1889), chap. 442, pp. 422, 423; the seventh byibid.(1903), 846, amending an act inibid.(1899), 337, which made the term of desertion one year; and the eighth byibid.(1899), 124, 125. The seventh cause applies only to cases occurring before Jan. 1, 1903. The offender divorced for the seventh cause may not rewed in five years; and he must have been a resident of the state for the same period.
[200]The first three causes appear inPublic Laws(1871-72), 339; the fourth is added byibid.(1879), chap. 132, p. 240; the fifth byibid.(1887), chap. 100, p. 190; the sixth byibid.(1889), chap. 442, pp. 422, 423; the seventh byibid.(1903), 846, amending an act inibid.(1899), 337, which made the term of desertion one year; and the eighth byibid.(1899), 124, 125. The seventh cause applies only to cases occurring before Jan. 1, 1903. The offender divorced for the seventh cause may not rewed in five years; and he must have been a resident of the state for the same period.
[201]The five causes of partial divorce are inPublic Laws(1871-72), 339, 340.Cf.Code of N. C.(1883), I, 514.
[201]The five causes of partial divorce are inPublic Laws(1871-72), 339, 340.Cf.Code of N. C.(1883), I, 514.
[202]Scott,Laws of Tenn., Including those of North Carolina Now in Force(1821), I, 645-48 (act of Oct. 26, 1799).
[202]Scott,Laws of Tenn., Including those of North Carolina Now in Force(1821), I, 645-48 (act of Oct. 26, 1799).
[203]Laws(1819), chap. 20;Stat. Laws(1831), I, 76.
[203]Laws(1819), chap. 20;Stat. Laws(1831), I, 76.
[204]Laws(1835), cited inCaruthers and Nicholson,Compilation of the Stat. of Tenn.(1836), 257-62.
[204]Laws(1835), cited inCaruthers and Nicholson,Compilation of the Stat. of Tenn.(1836), 257-62.
[205]Act of Jan. 7, 1840:Acts(1839-40), chap. 54, p. 90.
[205]Act of Jan. 7, 1840:Acts(1839-40), chap. 54, p. 90.
[206]Act of Jan. 27, 1844:Acts(1843-44), chap. 176, pp. 200, 201.
[206]Act of Jan. 27, 1844:Acts(1843-44), chap. 176, pp. 200, 201.
[207]Code of Tenn.(1884), 611;Shannon,Code(1896), 1042. The fifth and sixth causes appear inibid.(1858), 483; the tenth, inActs(1867-68), chap. 68.
[207]Code of Tenn.(1884), 611;Shannon,Code(1896), 1042. The fifth and sixth causes appear inibid.(1858), 483; the tenth, inActs(1867-68), chap. 68.
[208]Code of Tenn.(1884), 611, 612. InShannon,Code(1896), 1043, these are combined under three heads.
[208]Code of Tenn.(1884), 611, 612. InShannon,Code(1896), 1043, these are combined under three heads.
[209]Act of Feb. 22, 1850:Cobb,Digest(1851), 226;Acts(1849-50), 151, 152.
[209]Act of Feb. 22, 1850:Cobb,Digest(1851), 226;Acts(1849-50), 151, 152.
[210]Except that "fraud" is added to the fourth cause.
[210]Except that "fraud" is added to the fourth cause.
[211]Code of Ga.(1896), II, 224 ff. Instead of "Levitical," "prohibited" degrees is now used.
[211]Code of Ga.(1896), II, 224 ff. Instead of "Levitical," "prohibited" degrees is now used.
[212]Const. of 1877, Art. VI, secs. 4, 15, 16:N. Y. Convention Manual, Part II, Vol. I, 427, 431.Cf.Const. of 1865, Art. IV, sec. 2; 1868, Art. V, secs. 2, 3:Poore,Charters, I, 409, 420, 422.In case of partial divorce one jury is sufficient: Const. of 1877, Art. VI, sec. 15; and such seems to have been the earlier practice: 16Ga., 81;Code of Ga.(1882), 394, note. A juror may be challenged for "conscientious scruples" regarding divorce:Code(1882), 397. This last-named provision appears in the act of Dec. 22, 1840:Cobb,Digest(1851), 225, 226.
[212]Const. of 1877, Art. VI, secs. 4, 15, 16:N. Y. Convention Manual, Part II, Vol. I, 427, 431.Cf.Const. of 1865, Art. IV, sec. 2; 1868, Art. V, secs. 2, 3:Poore,Charters, I, 409, 420, 422.
In case of partial divorce one jury is sufficient: Const. of 1877, Art. VI, sec. 15; and such seems to have been the earlier practice: 16Ga., 81;Code of Ga.(1882), 394, note. A juror may be challenged for "conscientious scruples" regarding divorce:Code(1882), 397. This last-named provision appears in the act of Dec. 22, 1840:Cobb,Digest(1851), 225, 226.
[213]Act of March 10, 1803, passed by the Mississippi territorial legislature:Digest of the Laws of Ala.(1823), 252.
[213]Act of March 10, 1803, passed by the Mississippi territorial legislature:Digest of the Laws of Ala.(1823), 252.
[214]Act of Dec. 21, 1820:Digest(1823), 256.
[214]Act of Dec. 21, 1820:Digest(1823), 256.
[215]Act of Dec. 23, 1824:Acts(1824), 61, 62.
[215]Act of Dec. 23, 1824:Acts(1824), 61, 62.
[216]Aikin,Digest(1833), 130-32.
[216]Aikin,Digest(1833), 130-32.
[217]Clay,Digest of Laws of Alabama(1843), 172; also inActs(1843), 27.
[217]Clay,Digest of Laws of Alabama(1843), 172; also inActs(1843), 27.
[218]Acts(1869-70), 207, 208 (March 1).
[218]Acts(1869-70), 207, 208 (March 1).
[219]Code of Ala.(1887), 253;ibid.(1897), 491-95. The first four of these causes appear inCode(1852), 378; the fifth and sixth in the act of 1870.
[219]Code of Ala.(1887), 253;ibid.(1897), 491-95. The first four of these causes appear inCode(1852), 378; the fifth and sixth in the act of 1870.
[220]For interpretation of "cruelty" see 23Alabama, 785; 27Alabama, 222; 28Alabama, 315; 30Alabama, 714; 44Alabama, 670, 698.
[220]For interpretation of "cruelty" see 23Alabama, 785; 27Alabama, 222; 28Alabama, 315; 30Alabama, 714; 44Alabama, 670, 698.
[221]Code of Ala.(1887), 524-26;ibid.(1897), 492. The causes of full divorce mentioned under II and III appear inCode(1852), 378.
[221]Code of Ala.(1887), 524-26;ibid.(1897), 492. The causes of full divorce mentioned under II and III appear inCode(1852), 378.
[222]Stat. of Miss. Ter.(1816), 252-54; and act of June 15, 1822, inCode of Miss.(1848), 495, 496.
[222]Stat. of Miss. Ter.(1816), 252-54; and act of June 15, 1822, inCode of Miss.(1848), 495, 496.
[223]Act of Feb. 13:Laws(1840), 125.
[223]Act of Feb. 13:Laws(1840), 125.
[224]Act of Feb. 14:Laws(1850), 122.
[224]Act of Feb. 14:Laws(1850), 122.
[225]Act of Nov. 29:Laws(1858), 166.
[225]Act of Nov. 29:Laws(1858), 166.
[226]Act of Feb. 9:Laws(1860), 202.
[226]Act of Feb. 9:Laws(1860), 202.
[227]Act of Jan. 29, 1862:Laws(1861-62), 246.
[227]Act of Jan. 29, 1862:Laws(1861-62), 246.
[228]Act of Dec. 1, 1863:Laws(1862-63), 125, 126.
[228]Act of Dec. 1, 1863:Laws(1862-63), 125, 126.
[229]Act of Feb. 21, 1867:Laws(1866-67), 387.
[229]Act of Feb. 21, 1867:Laws(1866-67), 387.
[230]Rev. Code(1858), 334.
[230]Rev. Code(1858), 334.
[231]By theRev. Code(1871): seeWright,Report, 154; andWillcox,The Divorce Problem, 52.
[231]By theRev. Code(1871): seeWright,Report, 154; andWillcox,The Divorce Problem, 52.
[232]For interpretation of "cruel treatment" see Johnsv.Johns, 57Miss., 530.
[232]For interpretation of "cruel treatment" see Johnsv.Johns, 57Miss., 530.
[233]Ann. Code of Miss.(1892), 419, 420.
[233]Ann. Code of Miss.(1892), 419, 420.
[234]Act of May 13, 1807:Laws of a Pub. and Gen. Nature(1842), 1, 90-92.
[234]Act of May 13, 1807:Laws of a Pub. and Gen. Nature(1842), 1, 90-92.
[235]Ibid., II, 360.
[235]Ibid., II, 360.
[236]Rev. Stat.(1835), 225 (Jan. 24). The "indignities" need not be offered to the person: 5Missouri, 278; 19Missouri, 352; 16M. A., 422; 17M. A., 390; but one or two such acts are insufficient: 34Missouri, 211.
[236]Rev. Stat.(1835), 225 (Jan. 24). The "indignities" need not be offered to the person: 5Missouri, 278; 19Missouri, 352; 16M. A., 422; 17M. A., 390; but one or two such acts are insufficient: 34Missouri, 211.
[237]According to the code, a "vagrant" is "every person who may be found loitering around houses of ill-fame, gambling houses, or places where liquors are sold or drunk, without any visible means of support, or shall attend or operate any gambling device or apparatus;" and "every able-bodied married man who shall neglect or refuse to provide for the support of his family, and every person found tramping or wandering around from place to place without any visible means of support." Besides being liable to suit for divorce, such a husband may be sentenced to not less than twenty days in the county jail, or to pay a fine of 20 dollars, or both:Rev. Stat.(1889), I, 917;ibid.(1899), I, 621. On vagrancy as a cause see 26M. A., 647.
[237]According to the code, a "vagrant" is "every person who may be found loitering around houses of ill-fame, gambling houses, or places where liquors are sold or drunk, without any visible means of support, or shall attend or operate any gambling device or apparatus;" and "every able-bodied married man who shall neglect or refuse to provide for the support of his family, and every person found tramping or wandering around from place to place without any visible means of support." Besides being liable to suit for divorce, such a husband may be sentenced to not less than twenty days in the county jail, or to pay a fine of 20 dollars, or both:Rev. Stat.(1889), I, 917;ibid.(1899), I, 621. On vagrancy as a cause see 26M. A., 647.
[238]Act of March 12:Laws(1849), 49, 50;Rev. Stat.(1889), I, 1029-32;ibid.(1899), I, 741. The circuit courts have jurisdiction; and process is as in civil suits, except that the answer of the defendant need not be under oath.
[238]Act of March 12:Laws(1849), 49, 50;Rev. Stat.(1889), I, 1029-32;ibid.(1899), I, 741. The circuit courts have jurisdiction; and process is as in civil suits, except that the answer of the defendant need not be under oath.
[239]Acts of Oct. 31, 1828, and Feb. 4, 1835, inRev. Stat. of Fla.(1892), 504; orThompson,Manual or Digest(1847), 47, 222-24. Incurable insanity is made a legal ground of divorce byActs(1901), 118-21.
[239]Acts of Oct. 31, 1828, and Feb. 4, 1835, inRev. Stat. of Fla.(1892), 504; orThompson,Manual or Digest(1847), 47, 222-24. Incurable insanity is made a legal ground of divorce byActs(1901), 118-21.
[240]On the allegations necessary see Johnsonv.Johnson, 23Florida, 413; Burnsv.Burns, 13Florida, 369; and on what does not constitute a cause, Crawfordv.Crawford, 17Florida, 180.
[240]On the allegations necessary see Johnsonv.Johnson, 23Florida, 413; Burnsv.Burns, 13Florida, 369; and on what does not constitute a cause, Crawfordv.Crawford, 17Florida, 180.
[241]Digest of Civil Laws Now in Force(1808), 26, 28, 30; alsoCode Civil(1825), 80, 87-91;Lislet,Gen. Digest, II, 3 ff.;Civil Code of La.(1853), 19.
[241]Digest of Civil Laws Now in Force(1808), 26, 28, 30; alsoCode Civil(1825), 80, 87-91;Lislet,Gen. Digest, II, 3 ff.;Civil Code of La.(1853), 19.
[242]Act of March 19:Acts(1827), 130-35; also inCivil Code(1853), 19, 20. Such is still the law, except as to the term between the decrees.
[242]Act of March 19:Acts(1827), 130-35; also inCivil Code(1853), 19, 20. Such is still the law, except as to the term between the decrees.
[243]Act of April 2:Acts(1832), 152; also inCivil Code(1853), 20, 21.
[243]Act of April 2:Acts(1832), 152; also inCivil Code(1853), 20, 21.