VOLUME THREE CHAPTER XVII. A CENTURY AND A QUARter of DivorCE LEGISLATION IN THE UNITED STATES a) Jurisdiction: Causes and Kinds of Divorce b) Judicial Divorce: Jurisdiction, Kinds, and Causes d) Alimony, Property, and Custody of Children III. The Middle and the Western States b) Judicial Divorce: Jurisdiction, Kinds, and Causes c) Remarriage, Residence, Notice, and Miscellane- CHAPTER XVIII. PROBLEMS OF MARRIAGE AND THE FAMILY 161-259 I. The Function of Legislation - a) The Statutes and the Common-Law Marriage b) Resulting Character of Matrimonial Legislation 1. Early History of Matrimonial Institutions II. Matrimonial Institutions in England and under CHAPTER XVII A CENTURY AND A QUARTER OF DIVORCE LEGISLATION IN THE UNITED STATES, 1776-1903 [BIBLIOGRAPHICAL NOTE XVII.—The session laws and compilations used in the preparation of this chapter are the same as those mentioned in Bibliographical Note XVI; and they are listed in the Bibliographical Index, V. The entire body of divorce laws enacted in each of the states and territories since 1775 has been examined. Among the decisions cited the most important are West Cambridge v. Lexington (October, 1823), 1 Pickering, Mass. Reports, 507-12; Putnam v. Putnam (September, 1829), 8 Pickering, Mass. Reports, 433-35; Desaussure's comments on the case of Vaigneur v. Kirk (1808), 2 South Carolina Equity Reports, 644-46; Justice Pope's opinion in McCrery v. Davis (1894), 44 South Carolina Reports, 195–227; Justice Nisbet's opinion in Head v. Head, 2 Georgia Reports (1847), 191-211; Van Voorhis v. Brintnall, 86 New York Reports (1881), 18; Willey v. Willey, 22 Washington Reports (1900), 115–21; and Estate of Wood, 137 California Reports (1902), 129 ff. For summaries of the divorce laws of the states at different periods see Lloyd, Treatise on the Law of Divorce (Boston and New York, 1887); Hirsh, Tabulated Digest of the Divorce Laws of the U. S. (New York, 1888; new ed., 1901); Stimson, American Statute Law (Boston, 1886), I, 682–715; Fairbanks, The Divorce Laws of Mass. (Boston, 1887); Neubauer, "Ehescheidung im Auslande," in ZVR., VIII, 278-316; IX, 160-74 (Stuttgart, 1889-91); Woolsey, Divorce and Divorce Legislation (2d ed., New York, 1882); and compare the works of Vanness, Noble, Convers, Snyder, Ernst, and Whitney mentioned in Bibliographical Note XVI. Whitmore has a helpful article on "Statutory Restraints on the Marriage of Divorced Persons," in Central Law Journal, LVII, 444–49 (St. Louis, 1903). Consult the literature described in Bibliographical Note XVIII.] I. THE NEW ENGLAND STATES DURING the colonial era the broad outlines and essential principles of the American divorce law, as it still exists in the various states, had already taken form. Long before the Revolution it was predetermined that a free and tolerant policy in this regard must prevail in the United States. The 3 |