Page:1863-64 Territory of Dakota Session laws.djvu/35

 DIVORCE. 23

to pay any sums necessary to emabld, the wife so carry-on .:or “defend the quit during its pendency; and jt.may. adjudge: costs against, either party, snd award execution for. the same.

Sec. 16. After the exhibiting, of a complaint, in a suit to annul a marriage, or for a divorce, the court may at any time, either in term or vacation, on the petition pof the wife; prohibit the husband from imposing any restraint on her personal liberty during the pending of the suit.

Sec. 17. The court may in like manner on the application of either party, make such order concerning the care and custody of the minor children of the parties and their suitable maintenance during the pendency of such suit, and may make such temporary orders relative to the persons or property of the parties, as shall be deemed necessary and proper.

Sec. 18. Upon pronouncing a sentence, or granting a decree of nullity of marriage, and also upon granting a divorce, the court may make such further-order as it shall deem just and proper, concerning the care, custody and maintenance of the minor children of the parties, and may determine with which of the parents the children, or any of them, shall remain; having due regard to the age and sex of such children.

Sec. 19. The court may from time to time afterwards on the petition of either of the parents, revise and alter such orders concerning the care, custody and maintenance of the children, or any of them, and make a new order concerning the same, as the circumstances of the parents and the benefits of the children shall require.

Sec. 20. Whenever the nullity of a marriage or a divorce from the bonds of matrimony, for any cause excepting that of adultery committed by the wife, shall be ordered, and when the husband shall be sentenced to imprisonment for life, the wife shall be entitled to the immediate possession of all her real estate in like manner as if her husband were dead.

Sec. 21. Upon every such a dissolution of marriage as is specified in the preceding section, the court may make a further order for restoring to the wife the whole or such part as it shall deem just and reasonable, of the personal estate that shall have come to the husband by reason of the marriage, or for awarding to her the value thereof; and also the value of any