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her natural life only, if he shall survive her: provided, nevertheless, that the court may allow her for her subsistence so much of such personal or real estate as they shall judge necessary.
SEC. 6. When a divorce shall be had for the cause of adultery or any other of the aforesaid causes, done or committed on the part of the husband, the wife, if there be no issue living at the time of the divorce, shall be restored to all her lands, tenements and hereditaments; and be allowed out of his real or personal estate, or both, such alimony as the court shall think reasonable, not exceeding the use of one moiety of his real estate during the life of the wife, and the property of one half of his personal estate, having regard to the personal property which came to the husband by the marriage, and his ability ; but if there be no issue living at the time of the divorce, the court, with regard to ordering restoration or granting alimony as aforesaid, may do as they shall judge the circumstances of the case may require : and upon the application of either party may, from time to time, make such alteration therein as may be necessary.
Sec. 7. All questions of divorce and alimony shall be heard and tried by the supreme court, in the county in which the petitioner shall reside.
SEC. 8. Said court shall also have power, upon the application of any married person to them, in the county in which such person shall reside, and for the causes for which by law a divorce may be decreed, or for such other causes as may seem to them to require it, to assign to such person a separate maintenance out of the estate or property of the husband or wife of such person, in such manner as they may deem best ; and any justice of said court may, in vacation, upon reasonable notice and proof, make such interlocutory decrees or grant temporary injunctions as may be necessary, until a hearing can be had before the court.
Sec. 9. Said court shall also have power to regulate the custody and provide for the education, maintenance and support of the children of all persons by them divorced or petitioning for a divorce, and of all persons to whom a separate maintenance may be granted or who may petition for the same ; and to make all necessary orders and decrees concerning the same, and the same at any time to alter, amend and annul for sufficient cause, after notice to the parties interested therein.
Sec. 10. Said court may, by general rule or otherwise, prescribe the notice to be given on petitions for divorce, ali
mony, separate maintenance and custody of children, and may issue such process as may be necessary to carry into effect the powers conferred on them by this act.
SEC. 11. Said court shall have no cognizance of or jurisdiction over any petition for divorce, alimony, separate maintenance or custody of children, unless the petitioner shall, at the time of preferring such petition, have been a resident in this state for the space of three years next preceding the preferring such petition.
An act to secure the fulfilment of certain Contracts, and for the
relief of Married Women in certain cases.
SECTION 1. Married woman coming into this state 3. Divorce obtained by either party, how
without her husband may, after two to affect the right of the other. years, contract and be liable as if un 4. Supreme court may appoint guardian married.
of the children. 2. Arrival of husband, how to affect her
SECTION 1. When any married woman shall or shall have come from any other state or country into this state without her husband, he never having lived with her in this state, and she shall continue or shall have continued to reside in this state, without her said husband, for the space of two years continuously, she may afterwards, during her separate residence therein, transact business, make contracts, prosecute and defend suits in her own name, and dispose of such of her property which she may acquire by her own industry or otherwise ; and may have the exclusive care, custody and guardianship of her minor children, if any living with her, in like manner and in all respects as if she was unmarried; and she shall be liable to be sued as if she were unmarried, upon all contracts, and for all other acts made or done by her after the expiration of said term of two years; and she may make and execute any deeds and other instruments in her own name, and do all other lawful acts that may be necessary or proper to carry into effect the power so granted to her.
SEC. 2. If the husband of any such woman shall afterwards come into this state and claim his marital rights, his arrival here shall have the same effect with regard to any suit then pending in which she is a party, except to abate the same, and to any contract or business transacted by her under the power granted in the foregoing section, as if they had
been first married at the time of his arrival here, and shall have no other effect.
Sec. 3. If during her separate residence such married woman shall have obtained a decree of divorce against her said husband, under the laws of this state, or if her said husband previous to his coming into this state shall have caused the marriage contract to be dissolved by an act or decree of divorce obtained against her in any state or country in any suit or proceeding to which she is not a voluntary party nor present thereat, so as to have like opportunity of defence as she would have if such suit were brought against her in this state, she shall not thereafter be liable in this state, provided, that she shall have resided therein for the space of six months, to be deprived by her said late husband of her separate earnings therein, nor of any property not derived from him, which she may have lawfully acquired or possess, nor of the custody of any infant child ; unless upon petition of her said late husband to the supreme court, in the county where she resides, served upon her by copy, thirty days at least before the sitting of the court, and setting forth substantially the whole subject matter of complaint against her, it shall be made to appear by evidence that she is not a person of good moral character, suitable to have charge of her children, or unless the court thereupon in its discretion, having due regard to the well being of the infant, order its custody to be changed.
SEC. 4. The supreme court upon application of any such woman, either before or after said divorce, on her giving satisfactory evidence of her having resided two years in this state next before said application separate from her husband, and without being supported by him, may appoint a guardian of the person and estate of said children, in the same manner that courts of probate are now authorized to appoint guardians of minors.
An Act to prevent Clandestine Marriages. SECTION
SECTION 1. Intention of marriage to be published. 9. Penalty for joining persons in mar2 Form and manner of publication.
riage without publication, &c. 3. Parties living in same town-in differ- 10. Penalty for joining, &c.; husband or
wife living, 4. Penalty for defacing publication. 11. Penalty for being married contrary to 5. Who may join persons in marriage this act. witnesses present.
12. Friends, &c., may be married accord6. Parties to produce certificate of pub ing to their rites. lishment in case.
13. Penalty for marrying a white person 7. Also, if coming from another state. to a black--marriage void. 8. Objections to marriage how made.
It is enacted by the General Assembly, as follows:
SECTION 1. All persons who are desirous of being joined in the estate of matrimony shall cause their intention of marriage to be published, either by a justice of the supreme court or court of common pleas, or by some ordained minister or elder of any religious denomination, who shall be domiciled in this state, or by the town clerk of the town in which the publication is made.
SEC. 2. Such publication, if made by a justice of the supreme court or court of common pleas or town clerk, shall be in writing under his hand, in the following form:
Know all men by these presents, that
have declared unto me their intention of marriage: I do hereby make public the said intention; if any person knows any just cause or impediment why these two persons should not be joined together in marriage, they may declare the same as the law directs. Given under my hand at
Which shall be posted up in some public place by said justice or town clerk, for the space of fifteen days. If made by any such minister or elder, it shall be by him openly announced three several Sundays, holydays or other days of public worship, in the public meeting for worship.
SEC. 3. If both parties reside in the same town, such publication may be in such town only; if they reside in different towns, such publication shall be in the towns in which they reside.
Sec. 4. If any person shall deface or pull down any publication posted up as before directed, he shall forfeit and pay the sum of two dollars; to be recovered by action of debt, one half to and for the use of the state, and the other to and for the use of the person who shall sue for the same.
Sec. 5. Any minister or elder domiciled in this state, and any justice of the supreme court, may join persons in marriage in any town in this state, and any justice of the court of common pleas shall have like authority within his county ; provided, such persons applying to be so joined in marriage may lawfully be joined in marriage, and have been lawfully published. The solemnization of marriage shall be in the presence of two witnesses at least, besides the officer or minister officiating.
Sec. 6. When any persons belonging to this state shall apply to any officer or minister, any other than him who pub
lished the intention of such marriage to be married by him, they shall produce an authenticated certificate or certificates of being duly published according to law.
Sec. 7. If any person or persons shall come from another state into any town in this state to be married, they shall produce a certificate under the hand of lawful authority, where such person or persons dwell, that they have been duly published according to the laws of such state.
Sec. 8. If any person shall have any lawful objection against the solemnization of marriage between any two parties, who shall have caused publication of their intention to be made, he may in writing and under his hand state the same to the officer or to the minister making such publication or about to solemnize such marriage; whereupon such officer or minister shall proceed no further in relation to such marriage until such lawful objection shall be removed.
Šec. 9. Every person authorized by law to join persons in marriage, who shall be convicted of joining persons together without due and lawful publication, or when the solemnization of such marriage has been lawfully objected to and the impediment not removed, shall be imprisoned not exceeding six months, or fined not exceeding one thousand dollars.
SEC. 10. Every person authorized by law to join persons in marriage, who shall be convicted of marrying any man or woman whom he knows to have a husband or wife living, or who he knows has had a husband or wife, and does not know that such husband or wife is dead in fact or in law, or that the person offering to be married has been lawfully divorced, shall be imprisoned not exceeding six months, or fined not exceeding one thousand dollars.
SEC. 11. Whosoever shall be married without duly proceeding, as by this act is required, shall be fined not exceeding fifty dollars.
Sec. 12. Any marriage which may be had and solemnized amongst the people called Quakers or Friends, in the manner and form used or practised in their societies, or amongst persons professing the Jewish religion according to their rites and ceremonies, shall be good and valid in law, any thing in this act to the contrary notwithstanding.
Sec. 13. No person by this act authorized to join persons in marriage shall join in marriage any white person with any negro, indian or mulatto, on the penalty of two hundred dollars; to be recovered by action of debt, one moiety thereof to be paid to and for the use of the state, and the other moiety