Page:United States Statutes at Large Volume 31.djvu/1398

 1346 FIFIY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. vghich shall have occurred out of said District and prior to residence t erein. ,,,f,§§,‘}§’€‘§ “ m“"*“g° Sec. 972. Issun on A MARRIAGE ANNULLED.-···II1 case any marriage shall be declared by decree to have been void on account of either party having a former wife or husband living, if it shall appear that said marriage was contracted in good faith by the other party and in ignorance of said obstacle to the marriage, that fact shall be found and declared by the decree, and in such case the issue of said marriage shall be deemed to be the legitimate issue of the parent who was _ capable of contracting. mf;$1?jggf“’“““"°’s `no. 973. Issnn on A LUNAr1o’s MARRIAGE.—·\7`Tl)€1`€ a marriage is declared null and void on account of the idiocy on lunacy of either party at the time of the marriage the issue of the marriage shall be deemed legitimate. 0fL¤8§i¤;I¤§g_j{a;; Egg; Sec. 974. LEGITIMACY on ISSUE on A MARRIAGE- Dissonvnn.-—A soma. divorce for any of the causes herein provided for shall not affect the legitimacy of the issue of the marriage dissolved by such divorce, but the legitimacy of such issue, if questioned, shall be tried and determined according to the course of the common law. ugiimppy p€¤¢i<>¤¤€ Sec. 975. ALIMONY PENDENTE LITE.—Du1‘lH§ the pendency of a ` suit for divorce, or a suit by the husband to dec are the marriage null and void, where the nullity is denied by the wife, the court shall have power to require the husband to pay alimony to the wife for the maintenance of herself and their minor children committed to her care, and suit money, including counsel fees, to enable her to conduct her case, whether she be plaintiff or defendant, and to enforce obedience to any order in regard thereto by attachment and imprisonment for disobedience. The court may also enjoin any disposition of the husband’s property to avoid the collection of said allowances, and may, in case of the husband’s failure or refusal to pay such alimony and suit money, sequestrate his property and apply the income thereof to such objects. The court may also determine whether the husband or wife shall have the care and custody of infant children pending the proceedings. iwrmaiwpr ali- Sec. 976. PERMANENT AL1MoNY.—\Vhen a divorce is granted to the m°"y' wife, the court shall have authority to decree her permanent alimony sufficient for her support and that of any minor children whom the court may assign to her care, and to secure and enforce the payment of said alimony in the manner before mentioned, and may, if it shall seem fit, retain to the wife her right of dower in the husband’s estate. Where application Sec. 977. If the divorce is granted on the application of the husmd° by huSb°md` band, the court may, nevertheless, require him to pay alimony to the wife, if it shall seem just and proper; but in such case the husband . may appeal. . lcasecpenfqrfuiurp Sec. 978.'After a decree of divorce in any case granting alimony °rd°m” °° °hm°uy' and providin for the care and custody of children, the case shall still be consideretf open for any future orders in those repects. Maiden name of Sec. 979. MAIDEN NAME on Winn RnsToRED.—In granting a divorce me r°swmd‘ from the bond of marriage the court may restore to the wife her maiden or other previous name. · wi1¥i€¤i¤¤i¤¤¤¤¤¤ <>f Sec. 980. MAINTENANCE on w1En.—Whefiever any husband shall ` fail or refuse to maintain his wife and minor children, if any, although able so to do, the court, on application of the wife, may decree that he shall pay her, periodically, such sums as would be allowed to her as permanent alimony in case of divorce for the maintenance of herself and the minor children committed to her care by the court, and the payment thereof may be enforced in the same manner as directed in regard to such permanent alimony. mgyjgaggovgiglaie H Sec. 981. Snrr TO 1>noLARn A MARRIAGE VALID.*VVl1€l1 the validity ` of any alleged marriage shall be denied by either of the parties thereto the other party may institute a suit for affirming the marriage, and