Page:United States Statutes at Large Volume 31.djvu/461

 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. . 409 Sixth. Habitual gross drunkenness contracted since marriage and continuing for one year prior to the commencement of the action. Sec. 468. When a marriage has been solemnized in the district an Residenceorpumes. action may be maintained to declare it void if the plaintiff is an inhabitant of the district at the commencement of the action. If the marriage has not been solemnized in the district, such action ·can onl be maintained when the plaintiff has been an inhabitant thereof for three years prior to the commencement of the action. Sec. 469. In an action for the dissolution of the marriage contract S¤r¤e- the plaintiff therein must be an inhabitant of the district at the com- ` mencement of the action and for three years prior thereto, which resi- V dence shall be sufficient to give the court jurisdiction without regard. to the place where the marr1age was solemnized or the cause of action arose. Sec. 470. In an action for the dissolution of the marriage contract Pleas in im by aa on account of adultery the defendant may admit the adultery and f°“°““°‘ showin bar of the action either- First. That the act was committed by the procurement or with the connivance of the plaintiff; or, Second. That the act had been expressly forgiven, or impliedly so, by the voluntary cohabitation of the parties after nowledge thereof; or, Third. That the plaintiff has_ been giuilty of adultery also without the procurement or connivance of the efendant and not forgiven as provided in subdivision second of this section; or, ` Fourth. That the action has not been commenced within one year after the discovery of the act by the plaintiff. When the action is for any of the causes Specified in subdivisions third, fourth, fifth, or sixth of section four hundred and sixty-Seven, the defendant may admit the charge and showin bar of the action that the act was committed by the procurement of the plaintiff, or that it has been expressly forgiven; and in case the action is founded on subdivision third of the section four hundred and sixty-seven, the defendant may also show in bar thereof that the action was not prosecuted within one year after the same occurred to the plaintiif. Sec. 471. After the commencement of an action, and before a judg- Mammmce and ment therein, the court or judge thereof may, in its discretion, pro- ,,°`§,t£,§ §,j,i0‘§1ju°'°° vide by order as follows: First. That the husband pay, or secure to be paid, to the clerk of the court such an amount o money as may be necessary to enable the wife to prosecute or defend the action, as the case may be; Second. For the care, custody, and maintenance of the minor children of the marriage during the pendency of the action; - ’ Third. For the freedom of the wife from the control of the husband during the pendency of the action, and the court may restrain either or both parties from disposing of the property of either party pendin theraction. gno. 472. Whenever a marriage shall be declared void or dissolved hjudzmentgoj magnthe court shall have power to further decree as follows: eulitnodyioiiiuxidiritzi. ° First. For the future carefand custody of the·minor children of the marria e as it ma deem just and proper, having due re ard to the age ang sex of such children, and un ess otherwise manifestIy improper giving the reference to the party not in fault; ‘ Second. For the recovery of the party in fault, and not allowed the care and custody of such children, such an amount of money, in gross or installments, as may be just and proper for such party to contribute toward the nurture and education thereof; Third. For the recovery of the party in fault such an amount of money, in gross or in installments, as mafy be just and proper for such party to contribute to the maintenance o the other; Fourth. For the delivery to the wife, when she is not the party in