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tentiary; desertion for two years; habitual drunkenness; cruel and inhuman treatment.

MISSOURI.-For impotency; husband or wife living at the time of marriage; absence for one year; felony or infamous crime; habitual drunkenness for one year; cruel treatment and gross indignities; vagrancy; convicted of felony before marriage; pregnancy by other than husband.

NEBRASKA. For adultery; abandonment for two years; habitual drunkard; impotency; imprisonment for three years; extreme cruelty; neglect to provide for family.

NEVADA. For impotency; adultery; desertion for two years; conviction of felony or infamous crime; habitual drunkenness; extreme cruelty; neglect of husband to provide for family for two years.

NEW HAMPSHIRE.-For impotency; adultery; conviction of crime with imprisonment for more than one year; treatment injuring health, or reason; absence of either party for three years, habitual drunkenness for three years; joining any religious sect that believes the relation of husband and wife unlawful, and refusal to cohabit for six months; wife gone to reside out of the State two years, without his consent; the husband having left the United States intending to become a citizen of another country, and not made provision for wife's support.

NEW JERSEY.-For desertion and neglect for three years; adultery; either party having husband or wife living at time of marriage.

NEW MEXICO. For abandonment, cruel and inhuman treatment, and adultery.

NEW YORK. For want of age or physical incapacity; former husband or wife living; idiocy, lunacy, consent obtained by force or fraud; adultery. Separations decreed for inhuman treatment, abandonment and neglect.

NORTH CAROLINA.-For adultery; impotency. Separation for abandonment; cruel or barbarous treatment; habitual drunken

ness.

OHIO-For adultery; impotency; either party having husband or wife living; extreme cruelty; fraudulent contract; gross neglect of duty for three years; habitual drunkenness for three years; actual imprisonment in the penitentiary in any State.

OREGON. For impotency; adultery; conviction of felony; habitual drunkenness for two years; willful desertion for three years; cruel and inhuman treatment.

PENNSYLVANIA.-For incapacity of procreation; former marriage still subsisting; adultery; willful desertion for two years;

cruel treatment, endangering the life of the wife; incestuous marriages; fraud, force or coercion; imprisonment for more than two years for felony.

RHODE ISLAND.-For marriage originally void, or voidable by law; conviction for murder or arson; impotency; adultery; extreme cruelty; willful desertion for five years; continual drunkenness; neglect to provide for wife; gross misbehavior repugnant to, and in violation of the marriage vow.

SOUTH CAROLINA.-For adultery; abandonment for two years. TENNESSEE. For impoteney; previous marriage still subsisting; adultery; desertion for two years; conviction of any crime which the law renders the party infamous; imprisonment in the penitentiary; attempting the life of the other; refusal of the wife to remove into this State; pregnancy of wife by another than the husband; habitual drunkenness.

TEXAS. For adultery; abandonment for three years; excesses cruel treatment, or outrage towards the other.

VERMONT.-For adultery; confinement to hard labor in the State prison for life, or for three years; absence for seven years, and not heard from, or desertion for three years; neglect to provide for the support of the wife.

VIRGINIA. For adultery; impotency; confinement in the penitentiary; convicted of an infamous crime; fugitive from justice, and has been absent for two years; abandonment for five years; the wife enciente by another than the husband; notoriously a prostitute; cruelty.

WEST VIRGINIA.-For adultery; impotency; willful abandonment for three years; confinement in the penitentiary prior to marriage without the knowledge of the other; the wife enciente by another than the husband, without his knowledge; notori ously a prostitute; marriage of a white and colored person; in sanity; the male under fourteen, and the female under twelve.

WISCONSIN.-For adultery; impotency; after sentence to three years, or more imprisonment; willful desertion for one year; cruel and inhuman treatment, and for wife's being given to intoxication; habitual drunkard for one year; entire separation for five years voluntarily.

In a divorce on the ground of adultery, the guilty party cannot marry again during the life of the other; but the innocent party is free to marry again at any time.

Custody of Children.

The custody of the children of a marriage, during the pending of a proceeding for divorce, and subsequently, will be granted

by the tribunal before which the proceeding is pending, to the party, in its judgment, most fitted to bring them up.

WHEN A DIVORCE WILL BE DENIED.-The application for a divorce for adultery will be denied in the following cases:

1. Where the offence was committed with the privity or connivance of the complainant.

2. Where the offence has been forgiven by the complainant, either by voluntary cohabitation after knowledge of the fact or by express condonation or forgiveness.

3. Where the complainant has been guilty of a similar offence. 4. Where suit is not instituted within the time prescribed by the statute of limitations.

Alimony.

Alimony is an allowance, either during the pendency of a suit for divorce, permanent or temporary, granted to the wife, on petition or motion, from the estate of the husband. The granting of alimony rests entirely in the discretion of the proper tribunal, and when a wife desires to commence a suit for divorce against her husband, the latter can be compelled to furnish her with sufficient means to prosecute such complaint. On the event of the custody of children being awarded her, the Court can order an allowance for their support from the means of the husband.

Dower.

Dower is the right possessed by every married woman, with the exceptions mentioned below, to the use, at his death, of onethird of all the real estate of her husband during her life. In California and Indiana the right to dower has been abolished, but in all the other States it is still in force, and in Connecticut her dower right is to the use of one-third of all which he dies seized. Where she is entitled to dower, she must join in every conveyance, mortgage, &c., of real estate by her husband, as otherwise her right of dower does not pass, and her right of dower cannot be assigned or conveyed otherwise than by herself personally or by agent or attorney by instrument under her hand and seal. A wife under twenty-one years of age is incapable of binding herself by any instrument, debarring herself from her right to dower, and has the option, on arriving at majority, of ratifying or annulling the instrument.

The wife's dower right operates against the estate only after all liens and incumbrances against the same have been satisfied and discharged.

In the event of a wife's being divorced for adultery she forfeits all right to dower as well as any part, share or interest in his personal property.

The right to dower does not embrace crops growing at hus band's decease on such real estate, they going to the heirs.

Rights of Widows

At the death of the husband without children the widow takes, as a general rule, in addition to her dower right, one half of the personal property absolutely. In Missouri the widow takes absolutely all the beds, bedding, wearing apparel, household furniture, provisions, spinning wheels, cards, and other implements of industry necessary for the family; also kitchen furniture to the value of twenty-five dollars and any other personal property desired, not exceeding two hundred dollars in value, and takes all property brought by her to her husband at marriage, and one half of all property real and personal after paying debts. In Pennsylvania she takes, besides her dower, all personal property. In Tennessee she takes all real estate in fee simple after paying the debts. In New Jersey she takes all personal property owned by her at marriage or acquired by her subsequently. In Ohio she takes all articles of personal furniture owned by her at marriage, or acquired subsequently, and they cannot be sold to pay the debts of the estate. In California she takes the whole of the common property of both husband and wife, real and personal. In Indiana, where the estate of the deceased is not more than three hundred dollars, she takes it all, free from creditors, in fee, unless she marry again, in which case she has only a life estate, the remainder descending to the husband's issue; if the estate is not more than ten thousand dollars she takes one-third; if more than ten and less than twenty thousand, one quarter; if more than twenty, one-fifth.

At the death of her husband, leaving children, the general rule is that the widow takes, in addition to her dower right, onethird of the personal property absolutely. In Alabama, however, if there is but one child she takes one half; if more than one and under five, a child's share; and if five or more, one-fifth. In Missouri she takes a child's share of the personal property absolutely, or, if preferred, one-third of it, after payment of debts. In Indiana she takes one half, if there is but one child, and onethird if two or more. In California she takes one-half of the common property of both husband and wife, real and personal. In Louisiana she is also entitled, in the absence of a will, to the rents, issues and profits of the children's portions till they attain their majority, or she marries again.

In Missouri the widow is entitled to dower in all property leased for twenty years or more.

In the event of the husband's leaving a will containing devises or lequests to the wife, in lieu of dower, she has her option at his death, whether to claim her dower or to take such devises or bequests in its stead.

In Massachusetts, Michigan, Minnesota Mississippi, New Jersey,

New York, North Carolina, Ohio, Oregon, Tennessee and Wis consin express provision is made that alienage shall not bar the right of the widow to dower in land to which the alien might have died entitled.

Marriage Certificate.

I, Jacob Miler, Minister of the Gospel and Rector of St. Paul's • Protestant Episcopal Church at Smithtown, Suffolk County, and State of New York, do hereby certify, that, on the fourth day of June, in the year of our Lord one thousand eight hundred and sixty two, at the rectory of said church at Smithtown aforesaid, I joined together in Holy Matrimony, John Smith, of the City, County and State of New York, and Jemima Jenkins, of Jersey City, in the State of New Jersey, according to the forms and customs of said church to which I belong, in the presence of Charles F. Banks, of said City of New York, and James T. Baker, of said Jersey City, attesting witnesses thereto. I further certify, that the said parties married by me as aforesaid, were personally known to me (or, if not, "were satisfactorily proved by the oath of Charles Banks, a person known to me,") to be the persons described in this Certificate, and that before I solemnized such marriage as aforesaid, I ascertained that the said John Smith and Jemima Jenkins were of sufficient age to contract marriage; and after due inquiry made by me at such time, there appeared no lawful impediment to such marriage.

Same by a Public Officer.

JACOB MILLER.

This is to certify, that on the first day of August, 1852, I, John Smith, Mayor of the City of Brooklyn, joined together in marriage, at my office in said City, Thomas Jones, of Jamaica, Queen's County, and Sarah Briggs, of the City of Chicago and State of Illinois, according to the law in such case made and provided, in the presence of James Blake, of the City of New York, and Charles Ambler, of Yonkers, Westchester County, New York, attesting witnesses thereto. Í further certify (same as preceding form to end, altering names.)

Given at my office, in said City of Brooklyn, the day and year abore mentioned. JOHN SMITH, Mayor.

Marriage Settlement.

This Indenture, made this tenth day of January, in the year of our Lord one thousand eight hundred and sixty-seven, between Peter Grey, of the City, County and State of New York, baker, party of the first part; Jane Sm'th, of the same place, spinster, party of the second part; and William Johnson and James Culver, both of the same plase merchants, parties of the third part.

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