Page:1863-64 Territory of Dakota Session laws.djvu/34

 22 DIVORCE.

been brought within three years after the discovery by the complainant, of the offence [sic] charged.

Sec. 10. A complaint for divorce, or for affirming or, declaring the marriage contract void, may be exhibited by the wife in her own name, or by her next friend; and-in all cases the defendant may answer without oath or affirmation. Application for a divorce shall be made to the district court of any county in this territory, and the proceedings shall be as follows:

1. The applicant shall file in the office of the clerk of the district court of the county, a complaint in writing containing the names and ages of the parties, and the name of the court in which the action is brought.

Sec. 11. Such complaint shall also contain a statement of the facts constituting the cause or grounds of the complaint, in ordinary concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.

Sec. 12. A copy of such complaint must be served upon the defendant, with a notice to appear and answer to the same within thirty days after the service thereof; or such other notice as the court or judge may direct, shall be given for such reasonable time as the court or judge may direct; and like notice of the taking depositions shall be given in all cases.

Sec. 13. If either party shall claim a trial by jury of the facts set forth in the petition, the court shall thereupon order a jury to be empannelled [sic], in the same manner as a jury is empanelled [sic] for the trial of any civil action; when the jury is completed, it must be sworn to investigate the truth of the matters contained in the complaint, and to find a an verdict thereon, according to the evidence.

Sec. 14. The proceedings, on the trial of a complaint for a divorce, shall be conducted in the same manner as in the trial of a civil action, unless the complaint [shall] be filed upon the equity side of the court, in which case the proceedings shall be so far as may be without contravening the provisions of this chapter, according to the practice and usages of courts of equity.

Sec. 15. In every suit specified in this chapter which shall be brought, the court may in its discretion require the husband