Page:1863-64 Territory of Dakota Session laws.djvu/33

 DIVORCE 21

judged and deorsed by the several district courts, on suit brought in the county where the parties, or either of them, reside, for either of the following causes:

1. Adultery;

2. For impotency;

3. When either party subsequent to the marriage, has been sentenced to imprisonment in the penitentiary, and no pardon granted, after a divorce for that cause, shall restore to the party sentenced, to his or her conjugal rights;

4. Where the treatment of the wife by the husband has been cruel and inhuman, whether practiced by using personal violence, or by any other means, or when the wife shall be guilty to her husband;

5. When the husband or wife shall have been [an] habitual drunkard for the space of one year immediately preceding the filing of the complaint;

6. When it shall be made fully to appear that from any other reason or cause existing, the parties cannot live in peace and happiness together, and that their welfare requires a separation.

Sec. 8. No divorce shall be granted unless the complainant shall reside in this territory one year immediately preceding the time of exhibiting the complaint; except for adultery, alleged to have been committed whilst the complainant was a resident of this territory, or unless the marriage was solemnized in this territory, and the applicant shall have resided therein from the time of such marriage to the time of exhibiting the complaint.

Sec. 9. In any suit brought for divorce, on the ground of adultery, although the fact adultery be established, the court may deny a divorce in the following cases:

1. When the offence [sic] shall appear to have been committed by the procurement or with the connivance of the complainant;

2. When the adultery charged shall have been forgiven by the injured party, and such forgiveness be proved by express proof, or by the voluntary cohabitation of the parties, with the knowledge of the offence [sic];

3. When there shall have been no express forgiveness, and no voluntary cohabitation of the parties, but the suit shall not have