Page:1863-64 Territory of Dakota Session laws.djvu/31

 DEPOSITIONS-—DIVORCE. 19

the United States, to be used as testimony in such case, which, commission shall be directed as aforesaid, and the officer to whom any commission shall be issued, in pursuance of this act, is hereby authorized to administer the requisite oaths.

Sec. 3. All such depositions shall be taken by interrogatories, to be filed by the counsel regulating the taking thereof, of which reasonable notice shall be given to the adverse party, and cross-interrogatories by such adverse party, with like nọtice to the other side.

Sec. 4. Any commission. issued as aforesaid, with the interrogatories and cross-interrogatories, shall be forwarded to the commissioner who shall make return of his proceedings to such justice, and shall be entitled to the fees allowed by law for taking depositions.

Sec. 5. This act shall tame effect from and after its passage and approval.

Approved, January 14th, 1864.

DIVORCE

CHAPTER XVIII.

AN ACT RELATIVE TO DIVORCE.

Be it enacted by the Legislative Assembly of the Territory of Dakota;

Section 1: All marriages’ which are prohibited by law, on account of consanguinity between the parties, or on account of either of them having a former husband or wife then living, shall, if solemnized within this territory, be absolutely void, without any decree of divorce, or other legal proceedings.

Sec. 2. When either of the parties to a marriage, for want of age or understanding, shall be incapable of assenting there-