Page:1863-64 Territory of Dakota Session laws.djvu/36

 24 DIVORCE.

real estate of the wife disposed of by the husband and wife during the coverture, to be paid by her husband is money; and such court may require the husband to disclose, on oath, what personal estate has come to him by reason of the marriage, and how the same has been disposed of, and what portion thereof remains in his hands.

Sec. 22. The court shall have power to appoint a trustee or trustees, whenever the same shall be deemed expedient, to receive any sum of sums of money ordered to be paid to the wife, upon trust to invest the same, and pay over the income for the support and maintenance of the wife, or, of the wife and minor children of the parties, or any of them, in such manner as the court shall direct, or to pay over to the wife the principal sum in such proportions and at such times as the court shall order; regard being had in all such cases to the situation and circumstances of such wife, and also the children, if there be any, provided for in the order ; and such trustees shall give such bond with surety as the court shall require, for the faithful performance of their trusts.

Sec. 23. Upon every divorce from the bond of matrimony for any cause, excepting that of adultery committed by the wiſe, if the estate and property restored or awarded to the wife shall be insufficient for the suitable support and maintenance of herself and such children of the marriage as shall be committed to her care and custody, or if there be no such estate and property, the court may further order to her such part of the personal estate of the husband, and such alimony out of his estate as it shall deem just and reasonable, having regard to the ability of the husband and the character and situation of the parties, and all the other circumstances of the case.

Sec. 24. When the marriage shall be dissolved by the husband being sentenced to imprisonment, and when a divorce shall be ordered for the cause of adultery, committed by the husband, the wife shall be entitled to her dower in his lands in the same manner as if he were dead, and shall be entitled to right of dower in all other cases where she is not the guilty party.

Sec. 25. In the case last mentioned, the court may, by order, allow the wife, for her subsistence, as much of her said