Page:United States Statutes at Large Volume 18 Part 2a.djvu/93

 88 DISTRICT OF COLUMBIA. D ivorvc fr¤¤¤ Sec. 738. A divorce from the bond of marriage maybe granted ip b°“‘l °f “"“"°$°? any of the following cases, namely: First. Where such marriage was contracted while either of the par- 10 Jgws. 1860,5- ties thereto had a. former wife or husband living, unless the former 15*;- lfé.}:; "£· marriage had been lawfully dissolved and no restraint imposed on the 116 .,._16,’p,147fparty contracting such second marriage. ’ Second. Where such marriage was contracted during the lunacy of either party. Third. Where either party was matrimonially incapacitated at the time of the marriage. Fourth. Where either party has committed adultery during the marria e. Iigifth. For habitual drunkenness for a period of three years of the party complained against. Sixth. For cruelty of treatment, endangering the life or health of the party complaining. Seventh. For willful desertion and abandonment by the party complained of against the party complaining for the full uninterrupted space of two years. Divorce from hed Sec. 739. A divorce hom bed and board may be granted for either of md *********1 i ‘”'*““°”· ‘ the following_ causes, namely : 19 June, 1860, e. First. Cruelty of treatment, endangering the life or health of one of 158, •. 4, v. 12, pp. the parties. 59i 60- Second. Reasonable apprehension, to the satisfaction of the court, of bodily harm. When causes qc- Sec. 740. Nodivorce shall be granted for any cause which shall have
 * l‘},":“" °f *h° D'“‘ occurred out of the District, unless the party applying for the same

°;_.______ shall have resided within the District for two years next preceding the Ibid-. s· 5.p· 60· application. ' D i_ss01ution of  741. Upon the dissolution of a marriage on account of either :}.*0;]*;; of the parties having a former wife or husband living, if it shall appear m,,,,.,,g.,_ that the second marriage was contracted in good faith by the party —e-— whose second marriage ha been thus dissolved, and with the full belief n"d··“·6· on his or her part that the former wife or husband was dead, that fact shall he stated in the judgment or sentence of divorce. Legitimacy ot'is· Sec. 742. The issue of such second marriage, born or begotten before ““°· the commencement of the suit, shall be deemed to be the legitimate Ibid. issue of the parent who, at the time of the marriage, was capable of con- _ tracting. . D¤¤i*3_i{>¤ ¢> rg Sec. 743. Upon the dissolution of a marriage on account of the lunacy ?_Q°l:,“f:g,,i;Q;Y· of either party at the time of such marriage, the issue of the marriage shall be deemed to be legitimate. Lsgiiima., ,1,,,,,, Sec. 744. A divorce for causes not specially provided for in the two otherwise adected preceding sections shall not affect the legitimacy of the issue of the mar-  riage; but the legitimacy of such issue, if questioned, shall be tried and Ibid.,s. 8. determined according to the course of the common law. _Alimony and Sec. 745. In all cases where a divorce is granted, the court allowing ”¤h* °*` d°“’°'· the same shall have power, if it see fit, to award alimony to the wife, 1bid.,s.9. and to retain her right of dowcr. Wallingsford ra. Allen, 10 Peters, 593. A!i{¤<>¤y1>s¤di¤g Sec. 746. The court may also award alimony to the wife for her sus- tenance during the pendency of a petition for a. divorce tiled for any of Ibid.,s.11. the causes mentioned in this chapter. o u stod y and Sec. 747. The court shall also have power to order and direct, in ¤¤ 9 1 ¤ ¢¤¤s¤¤s of every case of divorce, who shall have the guardianship and custody of the children of the marriage so divorced, and who shall be charged with Ibid., s. 10. their maintenance. Maiden name Sec. 748. The court may also, in granting a divorce from the bond of mf M ¤¤¤*¤¤¤¤· marriage, restore to the wife her maiden or other previous name. Ibid., s. 9. Adultery of wife Sec. 749. In case of adultery by the wife, committed after judgment