Page:United States Statutes at Large Volume 47 Part 1.djvu/1159

 72d C ONG RESS. SESS. IL CH. 128 . FEBRUARY 27, 1933 . SEC. 85. RECRIMINATION, WHAT.- Recr imin atio n is a showing by the defendant of any cause of divorce against the plaintiff, in bar of the plaintiff's cause of divorce. SEC. 86. COND ONAT ION ; WHEN TO BAR DEFENSE. Condonation of a cause of divorce, shown in the answer as a recriminatory defense, is a bar to such defense, unless the condonation be revoked, as provided in section 84, or two years have elapsed after the condonation, and before the accruing or completion of the cause of divorce against which the recrimination is shown. SEC . 87. DIVORCE, WHEN DENI ED .-A divo rce must be deni ed (1) When the cause is adultery and the action is not commenced within two years after the commission of the act of adultery, or after its discovery by the injured party ; o r , (2) When the cause is conviction of felony, and the action is not commenced before the expiration of two years after a pardon, or the termination of the period of sentence. (3) In all other cases when there is an unreasonable lapse of time before the commencement of the action. SEC. 88. LAPSE OF TIME ESTABLISHES CERTAIN PRE SUMP TION S : Unreasonable lapse of time is such a delay in commencing the action as establishes the presumption that there has been connivance, collu- sion, or condonation of the offense, or full acquiescence in the same, with intent to continue the marriage relation notwithstanding the commission of such offense. SEC. 89. PRES UMPT IONS MAY BE Rreu-riww.-The presumptions aris- ing from lapse of time may be rebutted by showing reasonable grounds for the delay in commencing the action. SEC. 90. LIMITATION OF TIME.-There are no limitations of time for commencing actions for divorce, except such as are contained in sect ion 87. SEC. 91. RESIDENCES OF PLAINI e'a' IN SUIT FOR DIVORCE.-(a) Any person having an official residence within the territorial limits of the Canal Zone, or who resides therein for the purpose of any occu- pation or employment, shall, during such residence, be deemed a resident of the Canal Zone for the purpose of this chapter and sec- tion s 13, 15 , 16, and 19 of Act September 21, 1922, as amended, not- withstanding th at he or she may not rive acquired a permanent domicile within the Canal Zone. . (b) No plaintiff shall be entitled to a tiivorce in pursuance of the provisions of said sections who has not actually resided on the Canal Zone continuously during the whole year next before the filing of his or her complaint, which residence shall be duly proven by the plaintiff to the satisfaction of the court by at least two wit- nesses who are residents of the Canal Zone ; and - the p lain tiff sha ll file with the complaint his or her own affidavit, in which he or she shall state the length of time plaintiff has resided on the Canal Zone, the place or places where he or she has resided for the last preceding year, and his or her office or occupation. (Act Cong. Sept . 21, 1922, c . 370, † 13 as modified, 42 Stat . 1008.) CRO SS REFERENCE Venue in suit for divorce, see section 13 of Act of September 21, 1922, c. 370, 42 Stat . 1008. GEN ER AL PR OVI SI ONS SEC. 92. MA RRIAGE, HOW DISSOLVED.-Marriage is dissolved only (1) By the death of one of the parties (2 By the judgment of a court of competent jurisdiction decreeing a divorce of the parties . 1135 Recrimination . When condonation is a bar to defense. Ante, p . 1134. Denial of di vorc e . Certain presump- tions established by lapse of time. Rebuttal . Limitation of time . Residence of plain . tiff in divorce suit . Vol . 42, p. 1008-1010; Vol. 44, P . 927. Residence req uir e- ments . Vol . 42,1$.1008 . Vol. 42, p . 1003 General provision= How ma rria ge is dis solved.
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