Page:United States Statutes at Large Volume 49 Part 1.djvu/584

 74 TH CONGRESS. SESS. I. CHS. 452, 453. AUGUST 7, 1935 . 539 SEC. 11. The President may appoint a special judge of the United luage c avowed pwhen States Court for China to act temporarily when necessar- nec essar y. "(a) Du ring the absence of the judge of s aid court ;' "(b) During any period of disability or disqualification, from sickness or otherwise, to discharge his duties ; or "(c ) In the event of a vacancy in the office of judge . "Such special ju dge shall receive the same rate of compensation, Pay, allowances, and the same allo wanc es for expenses and transportation when transportation, etc' acting outside of Shanghai, as are paid and allowed the judge of said court. No compensation shall be paid to said judge excepting in the actual discharge of his duties as provided by this section ." SEC . 2 . All laws and parts of laws in conflict herewith are hereby conflicting laws re- repealed . pealed . Approved, August 7, 1935 . [CHAP TER 453 .] AN ACT Auust7,1935. To amend sections 966 and 971 of chapter 22 of the Act of Congress entitled 	IS .2259.] "An Act to establish a Code of Law for the District of Columbia", approved [Public, No. 252.] March 3, 1901, as amended, and for other purposes . Be it enacted by the Senate and House of Representatives of the United States o f America in Co ngress assembled, That sections 966 and 968 of chapter 22 of the Act of Congress entitled "An Act to establish a Code of Law for the District of Columbia", approved March 3, 1901, as amended, are hereby repealed, and in lieu of sec- tion 966 the following section is hereby enacted, to be known as " section 966 " "SEC. 966 . CAUSES FOR DIVORCE A VIN(,ULO AND FOR A DIVO RCE A MENSA ET THORO.-A divorce from the bond of marriage or a legal separation from the bed and board may be granted for adultery, desertion for two years, voluntary separation from bed and board for five consecutive years without cohabitation, final conviction of a fe lony invo lvin g mo ral turpi tude and sent ence for not less tha n two years to a penal institution which is served in whole or in part . A legal separation from bed and board may be granted for cruelty Provided, That where a final decree of divorce from bed and board heretofore has been granted or hereafter may be granted and the separation of the parties has continued for two years since the date of such decree, the same may be enlarged into a decree of absolut e divorce from the b ond of mar riage upo n the appl ication o f the innocent spous e : Pro vide d fu rthe r, Th at marriage contracts may be declared void in the following cases "First . Where such marriage was contracted while either of the parties thereto had a former wife or husband living, unless the former marriage had been lawfully dissolved . " Second. Where such marriage was contracted during the lunacy of either party (unless there has been voluntary cohabitation after the lunacy) or was procured by fraud or coercion. "Third . Where either party was matrimonially incapacitated at the time of ma rriage and has co ntinued so . "Fourth. Where either of the parties had not arrived at the age of legal consent to the contract of marriage (unless there has been voluntary cohabitation after coming to legal age), but in such cases only at the suit of the party not capable of consenting ." SEC . 2 . Section 971 of chapter 22 of said Act of Congress, as a mended, is hereby amended to read as follows : "SEC. 971 . ONLY RESIDENTS DIVORCED .-NO decree of nullity of marriage or divorce shall be rendered in favor of anyone who has not been a bona fide resident of the District of Columbia for at District of Columbia Code, amendments. Vol . 31, p. 1345, amend ed. Divorce. Causes for. Legal separation for cruel ty. Provisos. Enlargement into de- cree of absolute divorce. Causes for annulling marriages. Either party already married. Contracted during lunacy or by fraud, etc. Either party mat- rimo nia lly inc apac i- tated. Under age. Vol. 31, p. 1345, amend ed. Only bona fide resi- dentsdivorced.