Page:United States Statutes at Large Volume 42 Part 1.djvu/1038

 1010 SIXTY-SEVEN TH CONGRESS. Sess. II. C11. 370. 1922. PIDOIGISHTB. to be taken. All the facts necessary to constitute personal service, where plersonal service is had, or to authorize the not1ce_by publica- _ tion, w ere service is had by publication, must be establishe to the Procsedinefs me- an satisfaction of the court by competent ev1dence:_ Provided, That if the ‘},*;{,$a,},§’§wf“d“‘ m defendqnt rcelsideséar IS found vgthilnghe Rlepubggfof and tl: aceo su residenceisesta is e to esa aciono ecou Ely competent evidence, then such defaiilt_or other proceeding may be taken against the defendant when thirty days shall mtervene between the first publication and the date at which such default or mm um. prgceeding §s proposed to be talrqmrh Shan t d f t _ I °' Ec. 16. ssim AND TRIAL.-—· a e cause s an or ria after the summons has been personally served upon the defendant at least ten days, or ninety days after the first pu heatnon, or thirty da after the first ublication if the defendant resides in the Re- P¤>¤¤¤¤¤¤d 1>¤¤¢¢i¤¤- uhlic of Panama. Il`he process and practice under proceedings for divorce shall be the same as III other cases m chancery except as in this Act otherwise provided. °i»1iu°i¤§¤tF` (bl If the bill is taken as confessed, the court shall proceed to hear ¤¤¤¤¤i¤¤¤¤&. the cause b examination of witnesses m open court, and in no case gm default shall the copxrt giant a dlivorce unlpfss tge Quilgegs satipfipld tall ro means ave eenta entonot te een antote pendencly oimtlhe suit, and that the cause of chvorce has been fully roven by com etent evidence. Whenever the district judge is satisfied that the interests of the defendant require it the co1u·t may I order such additional notice as equity may seem to require. 0,°&•¤;{hfg (c) No admission of the defendant s all be taken as evidence em. ’ unless the court shall be satisied that such admission was made in sincerity and without fraud or collusion to enable the complainant to obtain a divorce. If it shall appear to the satisfaction of the plqurt that the énjury qqlnipllained qi wai occasioped by pollplsion of e par ies, or one wi e assen o e com aman or e urpose of obtaining a divorce, or that the complaiiiant was consenging cm to aw cus theretoighephpo divorce shall be decreed. ,0,, ,,,,,,,,1,;,,,, dj Ec. . STODY or CHILDREN PENDING SUIT.—·Tl1B court ma i¤zl¤i¤· Pm on the application of either_party, make such order concerning tlile custody and care of the mmor children of the parties during the ppqgenciyilgf the suit as may be deemed expedient and for the benefit 0 e c en. .¤Z£?"‘°’ ”°‘ Sec. 18. Lnemmor or CHILDREN.-—N,0 divorce shall in anywise P U affect the l%itimacy of the children of such marriage. Karlsen based $$32* Sec. 19. Ross Pm·rrIoN AND PROCEEDINGS THEREON.—II1 addition ”"*¤"· to an answer, the defendant may file a cross petition for divorce; and mm H when filed the court shall decree the divorce to the party legall entimmm °"°”1’ tled thereto. If the original petition be dismissed after the filing of the cross petition, the defendant may proceed to the trial of the cross petition without further notice to the adverse party; and the case upon such cross petition shall in all  be governed by the same momma: y rulézs appgicable to a case on an origin?.l)piztit2p1n. pemungsua. EC. . Anmoxr PENDING sUrr.——— a n cases of divorce the court may require the husband to pay to the wife or pay into court for her use during the pendency of the suit such sum or sums of money as may enable her to maintain or defend the suit; and in gverytstx;18tig·8iqi1x;;1rce,(he wifi; whex:1 it is and equitablle, shall eeni ony te en enc 0 tesuit. An incase argl: or wrt! {digg of appeal or writ of error by the hulsband, the district court may grant a.nd_ enforce the payment of such money for her defense and such equitable alunon dining the pendency of the appeal or writ of error m,m,,m,,,0,,md_ as to the court sliall seem reasonable and proper. °“¤¤*· (bl The court, upoiilgranting to a woman a divorce from the bonds of matrpmonyé, mayh gw ger to resume her maiden name or the name 0 any ormer us an.