TITLE 1. allowance to the complainant, for her support, as the court shall deem just, having regard to the circumstances of the parties respectively."

In such case, wife to retain

perty.

$46. If a wife be the complainant, and a decree dissolving the certain pro- marriage be pronounced, and she shall, at the time of pronouncing such decree, be the owner of any real estate, or have in her possession any goods, or things in action, which were left with her by her husband, acquired by her own industry, given to her by devise or otherwise, or to which she may be entitled by the decease of any relative intestate, all such real estate, goods or things in action, shall be her sole and absolute property."

Divorce in Buit brought

by husband, his right to

not to affect

property of bis wife.

Dower, &c.

feited by

$47. If a husband be complainant, and a decree dissolving the marriage be pronounced, the right of the complainant to any real estate owned by the defendant at the time of pronouncing the decree, in her own right, and to the rents and profits thereof, shall not be taken away or impaired, by such dissolution of the marriage; and he shall also be entitled to such personal estate and things in action, as may belong to the defendant, or be in her possession at the time such decree shall be pronounced, in like manner as though the marriage had continued.

S 48. A wife being a defendant, in a suit for a divorce brought by of wife for her husband, and convicted of adultery, shall not be entitled to dower in her husband's real estate, or any part thereof, nor to any distributive share in his personal estate."

adultery.

Marriage after divorce

S49. Whenever a marriage shall be dissolved, pursuant to the for adultery. provisions of this Article, the complainant may marry again during the life time of the defendant; but no defendant convicted of adultery, shall marry again, until the death of the complainant.7

When sepa

rations may

ARTICLE FOURTH.

Of Separations, or Limited Divorces.

SEC. 50. When separations may be decreed, on application of wife.

51. Causes for which such separations may be decreed.

52. Requisites of bill of complaint, in such cases.

53. Ill conduct of wife may be shown in justification.

54. Powers of the court upon decreeing separation.

55. Decrees for support of wife and children, although no separation decreed.

56. When decrees for separation may be revoked.

$ 50. A separation from bed and board forever, or for a limited be decreed on time, may be decreed by the court of chancery, on the complaint of a application of married woman, in the following cases :

wife.

1. Between any husband and wife, inhabitants of this state:

2. Where the marriage shall have been solemnized, or shall have taken place, within this state, and the wife shall be an actual resident at the time of exhibiting her complaint:

(6) 2 R. L. p. 197, § 5, 6, 7 & 8. (7) Ib. § 4.

3. Where the marriage shall have taken place out of this state, and the parties have become and remained inhabitants of this state, at least, one year, and the wife shall be an actual resident at the time of exhibiting her complaint.8

ART. 5.

which they

may be decreed.

$51. Such separations may be decreed for the following causes: Causes for 1. The cruel and inhuman treatment by the husband of his wife: 2. Such conduct on the part of the husband towards his wife, as may render it unsafe and improper for her to cohabit with him:

3. The abandonment of the wife by the husband, and his refusal or neglect to provide for her.8

$ 52. The bill of the complainant in every such case, shall speci- Requisitos of fy, particularly the nature and circumstances of the complaint on which

she relies, and shall set forth times and places with reasonable certainty.8

bill.

bill.

$53. The defendant in any such suit, may be permitted to prove, Defence to in his justification, the ill conduct of the complainant; and on establishing such defence, to the satisfaction of the court, the bill shall be dismissed."

crees on se

$54. Upon decreeing a separation in any such suit, the court may Further demake such further decree, as the nature and circumstances of the case paration, for may require, and may make such order and decree for the suitable support, &o. support and maintenance of the wife and her children, or any of them, by the husband, or out of his property, as may appear just and proper." $55. Although a decree for separation from bed and board be not Ib. although made, the court may make such order or decree for the support and decreed. maintenance of the wife and her children, or any of them, by the husband, or out of his property, as the nature of the case renders suitable and proper."

no separation

separation

voked.

$56. Where a decree for a separation forever, or for a limited pe- Decrees for riod, shall have been pronounced, it may be revoked at any time there- may be re after, by the same court by which it was pronounced, under such regulations and restrictions as the court may impose, upon the joint application of the parties, and upon their producing satisfactory evidence of their reconciliation.

ARTICLE FIFTH.

General Provisions, applicable to the two last Articles.

Sec. 57. Married women, in certain cases, deemed inhabitants.

58. Expense of suits, and costs, how to be defrayed.

59. In suits by wife, court may make orders concerning children, &c.

60. Powers of court to enforce orders for support, &c. of wife and children.

$57. If a married woman, at the time of exhibiting a bill against Married wo her husband, under the provisions of either of the two last Articles, men, when

(8) 2 R. L. p. 200, § 10. (9) Ib. § 11 & 13.

inhabitants.

TITLE 2. shall reside in this state, she shall be deemed an inhabitant thereof, although her husband may reside elsewhere.10

Expense of suits, & costs.

Orders re

specting cus

children.

$58. In every suit brought, either for a divorce, or for a separation, the court, may, in its discretion, require the husband to pay any sums necessary to enable the wife to carry on the suit, during its pendency; and it may decree costs against either party, and award execution for the same, or it may direct such costs to be paid, out of any property sequestered, or in the power of the court, or in the hands of a receiver.10

$59. In any suit brought by a married woman for a divorce, or for tody, &c. of a separation from her husband, the court in which the same shall be pending, may, during the pendency of the cause, or at its final hearing, or afterwards, as occasion may require, make such order as between the parties, for the custody, care and education of the children of the marriage, as may seem necessary and proper, and may at any time thereafter, annul, vary or modify such order.11

How orders

for support,

children, may

$ 60. Whenever the court shall make an order or a decree, requir&c. of wife & ing a husband to provide for the maintenance of his children, or for an be enforced. allowance to his wife, the court may require such husband to give reasonable security for such maintenance and allowance; and upon the neglect or refusal of the defendant to give such security, or upon the default of him and his surety, to provide such maintenance and allowance, the court may sequester his personal estate, and the rents and profits of his real estate, and may appoint a receiver thereof, and cause such personal estate, and the rents and profits of such real estate, to be applied towards such maintenance and allowance, as to the court shall, from time to time, seem just and reasonable.11

Wifo, in certain cases,

bone corpus

TITLE II.

OF PARENTS AND CHILDREN.

SEC. 1. Wife living separate from husband may have habeas corpus for minor children. 2. Custody of minor child may be given to mother.

S. Order may be annulled, varied or modified.

4. Habeas corpus may be issued for children detained by Shakers

5. When search warrant for concealed child, to be issued.

6. Custody of child, to whom awarded; orders may be revoked, &c.

7. Penalty for secreting, &c. or carrying child out of the state.

$1. When any husband and wife shall live in a state of separation, may haveha. Without being divorced, and shall have any minor child of the marriage, the wife, if she be an inhabitant of this state, may apply to the supreme court for a habeas corpus, to have such minor child brought before it.

for minor

children.

(10) 2 R. L. p. 199, § 9, and p. 201, § 14 (11) Laws of 1815, p. 225, § 1, 5 & 11.

Court may

the custody of them.

be annulled,

&c.

pus for chil

by Shakers.

$ 2. On the return of such writ, the court on due consideration, TITLE 2. may award the charge and custody of the child, so brought before it, to the mother, for such time, under such regulations and restrictions, award her and with such provisions and directions, as the case may require. $3. At any time after the making of such order, the supreme court Order may may annul, vary or modify the same. $4. Whenever application shall be made to the chancellor, a jus- Habeas cortice of the supreme court, or any circuit judge, by any husband or any dren detained wife, representing that his wife, or her husband, has attached himself or herself to the society of Shakers, and detains a child of the marriage between them, the officer shall inquire into the circumstances; and if satisfied by due proof of the facts represented, he shall allow a writ of habeas corpus to bring such child before him.12 $5. If, upon the return of any writ of habeas corpus so issued, it If child conshall child therein mentioned, can not be found, and warrant may appear that any satisfactory proof be made to the officer issuing such writ, that such child is secreted or concealed, by or among any society of Shakers in this state, he may issue his warrant, directed to the sheriff of the county where the said child is suspected to be, commanding such sheriff, in the day-time, to search the dwelling-houses, and other buildings, of such society, or of any members thereof, or any other building or dwelling-house specified in the warrant, for such child, and to bring him before such officer; and the sheriff shall forthwith execute such war

rant. 12

cealed, search

be issued.

custody of

awarded.

$6. When such child is brought before such officer, he may award To whom the charge and custody thereof, to that parent who shall not have join- child may be ed the society of Shakers, for such time, under such regulations, and with such provisions and directions, as he shall deem proper. Every such order may at any time, on sufficient cause shown, be annulled, be annulled, varied or modified, by the officer who made the same; or in case of his being absent, or not exercising the duties of the office, then by any other officer who might have originally made such order. 12

Orders may

&c.

carrying child

$7. If any member of the society of Shakers, or any other person, Penalty for shall send or carry, or cause to be sent or carried, any such child out out of state, of this state, or shall secrete such child, or cause such child to be se- &c. secreting it, creted, within this state, so that such writ can not be executed, the person so offending shall be deemed guilty of a misdemeanor, and on conviction, shall be fined not exceeding two hundred dollars, or be imprisoned not more than six months, or both.

(12) Laws of 1818, p. 88.

TITLE 3.

Fathers may

dians for their

TITLE III.

OF GUARDIANS AND WARDS.

SEC. 1. Fathers may dispose of the custody, &c. of their minor children.

2 & 3. Rights and duties of person appointed guardian.

4. When minors above fourteen may apply to surrogate for guardian.

5. Relatives of minors under fourteen may apply: notice, proceedings, &c.

6. Powers of surrogates in appointing guardians; their duties.

7. Preference to be given in appointing guardians for minors under fourteen.

8. Bond to be given by guardian; its penalty and condition.

9. Bond when to be retained; when to be prosecuted.

10. Powers of guardians; their responsibility, &c.

11. May be cited to account; when compelled to account.

12. On termination of his office, guardian may cite his ward, &c. to attend account.

13. Appeal from orders settling accounts, how made, &c.

14. When surrogate to cite guardian, to show cause against being removed.

15. Citation how to be served.

16. Proceedings by surrogate; may remove guardian.

17. Upon removal, new guardian to be appointed.

18. When and by whom appeals from orders respecting guardians, may be made.

19. But order removing guardian, not to be affected by appeal.

20. Duties and liabilities of all general guardians.

21. Penalty on guardians for waste, &c.

22. Compensation to guardians for their services.

S1. Every father, whether of full age or a minor, of a child likely appoint guar, to be born, or of any living child under the age of twenty-one years, minor chil- and unmarried, may by his deed or last will, duly executed, dispose of the custody and tuition of such child, during its minority, or for any less time, to any person or persons, in possession or remainder. 13

dren.

Powers and duties of per

ed.

$2. Every such disposition, from the time it shall take effect, shall sons appoint- vest in the person or persons to whom it shall be made, all the rights and powers, and subject him or them to all the duties and obligations of a guardian of such minor, and shall be valid and effectual against every other person claiming the custody or tuition of such minor, as guardian in soccage, or otherwise. 13

Ib. to bring

actions, &c.

Minors over

14 may apply

for guardian.

$ 3. Any person to whom the custody of any minor is so disposed of, may take the custody and tuition of such minor, and may maintain all proper actions, for the wrongful taking or detention of the minor, and shall recover damages in such actions, for the benefit of his ward. He shall also take the custody and management of the personal estate, of such minor, and the profits of his real estate, during the time for which such disposition shall have been made, and may bring such actions in relation thereto, as a guardian in soccage might by law.13

S4. If no guardian for any such minor shall have been appointed to surrogate, by the father, by a deed, or will, every such minor, of the age of fourteen years, may apply, by petition, to the surrogate of the county where the residence of such minor may be, for the appointment of such guardian as the minor may nominate, subject to the approbation of the surrogate.1

(13) 1 R. L. p. 368, § 18 & 19. (14) Ib. p. 454, § 30.