Legitimacy of issue. Id. When remarriage is $62. When a divorce is granted for the adultery of the husband, the legitimacy of children of the marriage, begotten of the wife before the commence ment of the action, is not affected. $ 63. When a divorce is granted for the adultery of the wife, the legitimacy of children begotten of her before the commission of the adultery is not affected; but the legitimacy of other children of the wife may be determined by the court, upon the evidence in the case. In every such case all children, begotten before the commencement of the action, are to be presumed legitimate until the contrary is shown. 2 R. S., 145, §§ 43, 44. $ 64. When a divorce is granted for adultery, the forbidden. innocent party may marry again during the life of the other; but the guilty party cannot marry any person except the innocent party, until the death of the other. 2 R. S., 146, § 49, modified by the exception. Several other provisions of the Revised Statutes, in respect to the effect of the judgment on the rights of property of the parties, are omitted as being superseded by other provisions of this Code. Should the last clause be retained? After much dis cussion, it was abandoned in England. Its operation in this state is much less a punishment of the guilty than a trap for the innocent (See Cropsey v. Sweeney, 27 Barb., 310; 7 Abb. Pr., 129). When sep ation may ARTICLE III. SEPARATION. SECTION 65. When separation may be adjudged. 66. Causes for separation. 67. When denied. 68. Relief may be adjudged in some cases where separation is denied. 69. Judgment of separation, when revoked. S65. A separation of husband and wife from bed be adjudged and board, for life or for a limited time, may be adjudged for the causes mentioned in the next section1: 1. When the husband and wife are both actual inhabitants of this state; 2. When the marriage took place within this state, and the applicant is an actual inhabitant3 at the time of the application; or, 3 3. When the marriage did not take place within this state, but the parties have since been' actual inhabitants of this state for at least one year, and the applicant is an actual inhabitant at the time of the application. 12 R. S., 146, § 50. The restriction of this provision to The words "took place" are substituted for "contracted The present statute is a little ambiguous on this point. $66. A separation of husband and wife may be Causes for adjudged for any of the following causes: 1. Cruel treatment of one party by the other; 2. Conduct on the part of one towards the other, rendering cohabitation unsafe or improper; or, 3. Abandonment, accompanied by1 refusal to fulfill the obligations of husband or wife, as they are prescribed by the chapter on HUSBAND and WIFE. Ahreufeldt v. Ahrenfeldt, Hoffm., 47. 22 R. S., 147, § 51; see notes to the last section. separation. When denied. Relief may be adjudged in some cases where separation is denied. Judgment of separation, when revoked. S 67. Notwithstanding the existence of a cause for separation as declared in section 66, a judgment of separation may be denied, when it appears that the applicant has been guilty of a cause of divorce. 2 R. S., 147, § 53. $ 68. Though judgment of separation be denied, the court may, in an action for divorce, provide for the maintenance of the wife and her children, or any of them by the husband, or out of his property. 2 R. S., 147, § 55; P. v. P. 1 24 How. Pr., 197. $ 69. A judgment for separation, whether for life, or for a limited period, may be at any time revoked, under such regulations as the court may impose, upon the joint application of the parties, with satisfactory evidence of their reconciliation. 2 R. S., 147, § 56. Residence of wife. Expense of action. ARTICLE IV. GENERAL PROVISIONS. SECTION 70. Residence of wife. 71. Expense of action. 72. Orders respecting custody of children. 73. Support of wife and children on divorce or separation granted to wife. 74. Security for maintenance and alimony. $70. A wife who resides in this state at the time of applying for a divorce, under article II or III, is to be deemed an actual inhabitant, though her husband resides elsewhere. 2 R. S., 147, § 57. $71. While an action for divorce is pending, the court may, in its discretion, require the husband to pay any money necessary to enable the wife to sup port herself or her children, or to prosecute or defend 2 R. S., 148, § 58. This provision is extended to the $ 72. In an action for divorce, the court may, before or after judgment, give such direction for the custody, care and education of the children of the marriage, as may seem necessary or proper, and may at any time vacate or modify the same. 2 R. S., 148, § 59. $73. Where a divorce is granted for an offense of the husband, the court may compel him to provide for the maintenance of the children of the marriage, and to make such suitable allowance to the wife, for her support, during her life, or for a shorter period, as the court may deem just, having regard to the circumstances of the parties respectively; and the court may from time to time modify its orders in these respects. 2 R. S., 145, § 45; 147, § 54. It has been questioned whether alimony can be granted $74. The court may require the husband to give reasonable security for providing maintenance, or making any payments required under the provisions of this chapter, and may enforce the same by the appointment of a receiver, or by any other remedy applicable to the case. 2 R. S., 148, § 60. Modified to conform to the practice Orders recustody of specting children. Support of children on wife and divorce or separation granted to wife. Security for mainte nance and alimony. Mutual ob ligations of husband and wife. Rights of husband as CHAPTER III. HUSBAND AND WIFE. The provisions of this chapter are intended to complete, so far as seems just and desirable, the removal of the disabilities of married women, and thus to simplify the law of this vexed subject. SECTION 75. Mutual obligations of husband and wife. 82. May be joint tenants, etc. 83. Neither answerable for the acts of the other. 84. Support of wife. 85. Abandonment of husband by the wife $75. Husband and wife contract towards each other obligations of mutual respect, fidelity and support. $76. The husband is the head of the family. He head of the may choose any reasonable place or mode of living, and the wife must conform thereto. family. Duties of husband to wife as to support. In other respects their interests separate. Husband and wife may make contracts. $77. The husband must support himself and his wife out of his property or by his labor. If he is unable to do so, she must assist him so far as she is able. $78. Except as mentioned in section 77, neither husband nor wife has any interest in the property of the other, but neither can be excluded from the other's dwelling. $79. Either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might if unmarried; subject, in transactions between themselves, to the general rules which control the |