Page:United States Statutes at Large Volume 47 Part 1.djvu/1156

 1132 To be acknowledged SEC. 52. To BE ACKNOWLEDGED AND RECORDED .-Declarations of mar- and recorded. riage must be acknowledged and recorded in the oflice of the clerk of the district court. SEC. 53. EITHER PARTY MAY PROCEED TO TEST VALIDITY OF MARRIAGE .-- may If either party to any marriage denies the same, or refuses to join in a declaration thereof, the other may proceed, by action in the dis- trict court, to ha ve the validity of the marriage determined and declared. Contracted without SEC. 55. MARRIAGES CONTRA .Ts; D WITHOUT THE ZONE .-Except as th Ante p.1129. otherwise provided in section 41, all marriages contracted without the Canal Zone, which would be valid by the laws of the country in whi ch the sam e wer e con tract ed, are va lid in the Cana l Zone. Validity. Either party test. DIVOR CE. Cross references. Vol. 42, p. 1010. Vol .42,p . 1010. Vol.42,p.1010. Vol.42,p.1010. Vol. 42, p .1010. Vol .42,p .100& Causes. Vol. 42, p. 100& "Adultery," defined. 72d CONGRESS. SESS. II. CH. 128. FEBRUARY 27, 1933 . CHAP TER 5 .-DIVORCE Cross REFm wcE s Admission of defendant as evidence, see section 16 of Act Sept. 21, 1922, c. 370, 42. Stat. 1010. Cross complaint for divorce and proceedings thereon, see section 19 Sept. 21, 1922, c. 370, 42 Stat. 1010. Practice in general in suits for divorce, see section Sept. 21, 1922, c. 370, 42 Stat. 1010 . Process and service thereof in suits for divorce, of Act Sept. 21, 1922, c. 370, 42 Stat. 1010. Time for appearance and answer, see section 16, as amended, 1922, c. 370, 42 Stat. 1010. Venue of suits for divorce, see section 13 of Act Sept. 21, 1922, c. Stat. 1008. CAUSES FOR DIVORCE of Act 16, as amended, of Act see section 16, as amended, of Act Sept. 21, 370, 42 SEC. 60. CAU SES FOR DIVORCE .--In ev ery c ase in which a mar ri age hus been, or hereafter may be, contracted and solemnized between any two ersons, and it shall be adjudged, in the manner hereinafter p ro- vided, (1) that either party has committed adultery subsequent to the marri age e xcept as h erein after prov ided ; or (2) has willfully deserted and absented he rse lf or himself from the hu sb and or wife without any reas onabl e cau se for a p eriod of two years ; or (3) has been guilty of willful neglect which shall consist of the willful failure of the hus- band to provide for his wife the necessaries of life, he having the abi li ty to do so, or the wil lf ul fa ilu re to do so by reason of voluntary idleness, profligacy, or dissipation, in either ca se continued for a period of one year ; or (4) has been guilty of habitual drunkenness for the space of two years ; or (5) has attempted the life of the other by any means showing malice ; or (6) has been guilty of extreme cruelty ; or (7) has be en subsequent to the marriage, convicted of felony, it shall be lawful for the injured party to obtain a divorce and dissolution of such marriage contract in the district court of the Canal Zone. (Act Cong . Sept. 21, 1922, c . 370, † 12, 42 Stat . 100'8 .) SEC . 61. A DULTE RY DEFINED.--Adultery is the voluntary sexual interc ourse of a fnar ried perso n wit h a p erson othe r tha n the offe nd- er's husband or wife. "Desertion,' de. SEC . 62. DESERTION, WHAT :Willful desertion is the voluntary m ed. separation of one of the married parties from the other with intent to desert . How manifested . SEC. 63. DESERTION, HOW MANIFESTED.-Persistent refusal to have reasonable matrimonial intercourse as husband and wife, when health or physical condition does not make such refusal reasonably necessary, or the refusal of either party to dwell in the s ame house wit h the other party, when there is no just cause for such refusal, is desertion.