Page:1863-64 Territory of Dakota Session laws.djvu/32

 20 DIVORCE.

to, or, when the consent of either party shall have been attained by force or fraud, and there shall have been no subsequent voluntary cohabitation of the parties, the marriage shall be void, from the time its nullity shall be declared by a court of competent authority.

Sec. 3. When a marriage is supposed to be void, or the validity thereof is disputed, for any of the causes mentioned in the two preceding sections, either party may file a complaint in the district court of the county where the parties, or one of them, reside, for annulling the same ; and such complaint shall be filed, and proceedings shall be had thereon, as in the case of proceedings in said court for divorce; and upon due proof of the nullity of the marriage, it shall be adjudged null and void.

Sec. 4. When the validity of any marriage shall be denied or doubted by either of the parties, the other party may file complaint in the manner aforesaid, for affirming the marriage, and upon due proof of the validity thereof, it shall be declared valid by a judgment or sentence of the court; and such judgment, unless reversed on appeal, shall be conclusive upon all persons concerned.

Sec. 5. In no case shall a marriage be adjudged a nullity, on the ground that one of the parties was under age of legal consent, if it shall appear that the parties after they had attained such age, had, for any time, freely cohabited together as husband and wife, nor shall the marriage of any insane person be adjudged void, after his or her restoration to reason, it shall appear that the parties freely cohabited together, as husband and wife, after such insane person was restored to & sound mind.

Sec. 6. A marriage shall, in no case, be adjudged a nullity on the application of a party capable of contracting, who entered into the marriage state with any person under the age of legal consent, for that cause, nor shall the marriage of a person capable of contracting, with any idiot or insane person, for that cause, be annulled on the application of such person thus capable to contract, if he or she knew of such idiocy or insanity at the time of such marriage.

Sec. 7. A divorce from the bonds of matrimony may be ad-