Page:United States Statutes at Large Volume 31.djvu/460

 408 FIFTY·S1XTH CONGRESS. Sess. I. Ch. 786. 1900. CHAPTER FoRTY-ENE. AoT1oNs TO DECLARE vom on 1>1ssoLvE THE MARRIAGE CONTRACT. Sec. Sec. 461. Husband or wife may maintain468. Residence of parties. action. 469. Same. 462. What marriages absolutely void. 470. Pleas in bar by defendant. 463. What marriages void when so de- 471. Maintenance and custody of children clared. pending action. 464. At whose action marriages declared 472. Judgment for maintenance for the void. _ I custody of children. _ ' 465. At whose action mamages declared 473. Power 0 court to modify decree. voidable. 474. Right to remarry. 466. Action todeclare marriage valid. 467. For what causes marriages may be _ , di olved. H“¤b.¤¤€* °’ ‘Y“° Sec. 461. A husband or wife may maintain an action of an e uitable my Mmmm mmm natureagainst the other for the dissolution of the marriage cgntract, or to have the same declared void, as provided in this chapter. mjggegt rgggiases ¤b- SEo. ,462. All marriagles which are prohibited by law on account of Yconsanguinity between the parties, or on account of either of them having a former husband or wife then living, shall, if solemniqed within the district, be absolutely void. w1g’é¤;gg¤§erg§gv¤i¤ SEc. 463. When either of the parties to a marriage shall be incapabk ·of making such contract or assenting thereto for want of legal a e or sufficient understanding, or when the consent of either party shag] be obtained by force or fraud, such marriage shall be void from the time _ it is so declared by the decree of a court having jurisdiction thereof. gjriygsgseaclesygg Sec. 464. A marriage may be declared void from the beginning, at gina. E the action of either party, for any of the causes specified in section four hundred and sixty-two, and whether so declared or not shall be deemed and held to be void in any action or proceeding whatever in which the same may come in question; but a marriage once declared to be valid by the judgment of a court having jurisdiction thereof, in an action for that purpose, can not afterwar s be questioned for the same cause, directly or otherwise. ` A:!_iaW&<:1.:cf:¥_igg Sec. 465. A marriage shall not be declared void for any of the causes igidabis. specified in section four hundred and sixty-three, except at the action or claim of the party laboring under the isability, or upon whom the force or fraud was imposed or practiced; nor at the action or claim of such party if it appears that the parties freely cohabited together as husband and wife after the party had arrive at legal age, acquired uiiicient understandin, been restored to reason, freed from the force, . or discovered the fraud., as the case may be. A iggaggddwlere SEc. 466. When either husband or wife shall claim or pretend that m gthe marriage is void or voidable, as provided in sections four hundred and sixty-two and four hundred and sixty-three, the same may be declared valid and lawful at the action of the other; and in such action the court shall have power, if the pleadings and proof authorize it, to declare such marriage void from the beginning or from the time of the jilidgment, or that it is valid and lawful, an binding on the parties ` thereto. — mfgmggsliga gjg gf; SEo. 467. The dissolution of the marriage contract may be declared wives. at the action of the injured party for either of the following causes: First. Impotency existing at the time of the marriage and continuin to the commencement of the action; Second. Adultery; Third. Conviction of felony; Fourth. Willful desertion for the period of two years;. Fifth. Cruel and inhuman treatment calculated to impair health or endanger life;