same, or he shall not be so admitted: and the residence of the ap plicant within the limits, and under the jurisdiction of the United States, for at least five years immediately preceding the time of such application, shall be proved by the oath or affirmation of citi zens of the United States; which citizens shall be named in the record as witnesses: and such continued residence within the limits and under the jurisdiction of the United States, when satisfactorily proved, and the place or places where the applicant has resided for at least five years, as aforesaid, shall be stated and set forth together with the names of such citizens, in the record of the court admitting the applicant; otherwise the same shall not entitle him to be considered and deemed a citizen of the United States. TITLE S. ALIMONY AND DIVORCE. 1800. IN FORCE FROM ITS PASSAGE. AN ACT concerning Alimony: Approved December 20, 1800.--2 Litt. 409. SEC. 1. Be it enacted by the General Assembly, That any court of quarter sessions or district court, shall be vested with jurisdiction to hear and determine applications from wives against their husbands for alimony, in cases where the husband has, or may hereafter desert or abandon his wife for the space of one year successively, (a) or where he lives in open avowed adultery with another woman for the space of six months, and in cases of cruel, inhuman and barbarous treatment. SEC. 2. The said application shall be by exhibiting a bill in chancery, alleging the cause why alimony is claimed; on which shall be had the same proceeding as in other suits in chancery to bring the same to a hearing: [at which a jury shall be empannelled to in (a) A suit for alimony cannot, under the above statute, be properly commenced, until a year after the abandonment, and if it is and the bill is not amended, so as to show that it has continued a year and more, no decree can be pronounced.-Butler v. Butler. 4 Litt. 202 Before the passage of the above act, the chancellor had power to grant alimony, and since the VOL. 1. In what courts and for what causes alimony may be sued for Mode of proceeding in suits for alimony. [Repealed statute it may be decreed in cases not embraced by it.-Ibid. 2. A wife is entitled to alimony, for "cruel, inhuman and barbarous treatment" though her life is not endangered.-Thornberry v. Thornberry, 2 J. J. Mar. 324. 3. A suit for alimony is not maintainable after the husband's death.-Glenn v. Glenn's Ex'x. 7 Mon. 287. 17 see post, section 2, act of Dec. 22, 1831, this title.] quire into such facts as may arise from the allegations of the bill, or from the matters put in issue in the cause by the pleadings, as the case may be]; and if on the inquiry, any one of the before re cited causes shall be found to exist, the court shall decree to the complainant alimony out of the defendant's estate, and shall have In what ca- and possess the same power to carry their decrees into effect, as in other cases. But alimony shall not be granted in case of open adultery on the part of the wife. ses it shall not be granted. SEC. 3. After a decree for alimony, the power of the husband over the wife, shall cease and determine, and she shall have a right to use her said alimony, and to acquire, use, and dispose of, any property whatever, without being subject to the control, molestation or hindrance of her said husband, in the same manner as if she was a feme sole. SEC. 4. Where the husband shall be about to remove himself and his effects out of the state, or where there is reason to suspect that he will fraudulently convey away or conceal his property, the court, or any judge or justice thereof, in vacation, shall have power to grant writs of ne exeat or injunction, in their discretion, and to make such order as will secure alimony to the wife. 1809. Divorces may IN FORCE FROM ITS PASSAGE. AN ACT regulating Divorces in this Commonwealth: Approved January 31st, 1809.-4 Litt. 19. SEC. 1. Be it enacted by the General Assembly, That the severbe granted by al circuit courts in this Commonwealth shall be and are hereby ineircuit courts. vested with power and jurisdiction to decree divorces in the manFor what ner hereafter mentioned, in the following cases, that is to say: In cause husband favor of a husband, where his wife shall have voluntarily left his may obtain a bed and board with the intention of abandonment, for the space of divorce. three years, or where she shall have abandoned him and lived in adultery with another man or men, or shall have been condemned for a felony in any court of record within the United States: In favor of a wife, where her husband shall have left her, with the intention of abandonment, for the space of two years, (b) or where he shall have abandoned her and lived in adultery with another woman or other women, or shall have been condemned for a felony in any court of record within the United States, or where his treatment to For what cause wife may obtain a divorce. (b) An abandonment for the space of two years, by a husband, is, per se, a cause for a divorce, and the right of the wife to obtain a divorce will not be impaired by an offer made by the husband a short time before the lapse of two years, to make provision for her support, unless it is accompanied with an offer to receive and acknowledge her as a wife.-Fishli v. Fishli, 2 Litt. 337. * her is so cruel, barbarous and inhuman as actually to endanger her life. (c) To what court application must be made, and mode of Guilty party not to obtain a SEC. 2. Be it further enacted, That in the cases before mentioned, the party desirous of obtaining a divorce, may apply to the circuit court of that county in which he or she resides, by a bill in equity, stating the grounds of the application, on which such pro- proceeding. ceedings shall be had, as are usual in other suits in chancery; except so far as they may be directed to be deviated from by this act; but if any of the aforesaid causes of divorce apply to the complainant, he or she shall be subjected to a dismission of such suit. SEC. 3. Be it further enacted, That if the defendant resides not within this Commonwealth, and the court are satisfied by disinterested affidavit of his or her absence, they may proceed to order publication as against other absentees, except that the order shall succinctly state the object of the bill. SEC. 4. Be it further enacted, That upon the appearance of the defendant, he or she in answer without oath, may by general denial controvert the allegations of the bill, and may also allege any of the aforesaid causes of divorce to apply to the complainant; or if the defendant fail to appear, the suit shall be set down for trial; but the allegations shall not be considered as confessed nor proof dispensed with. SEC. 5. Be it further enacted, That it shall be the duty of the several attornies prosecuting for the Commonwealth in the circuit courts, respectively to oppose the granting of any divorce not warranted by this act. SEC. 6. Be it further enacted, That if there shall on hearing appear to be just cause for a divorce within the provisions of this act according to the sound construction thereof, the court shall pronounce a decree declaring the complainant divorced from his or her husband or wife, but such decree shall not operate so as to release the offending party, who shall nevertheless remain subject to all the pains and penalties which the law prescribes against a marriage whilst a former husband or wife is living; nor shall it authorize the injured party again to contract matrimony within two years from the time of pronouncing such final decree. divorce. Order of pub lication may be had, and what it must state. Answer may be filed without oath, and may charge misconduct in compl't. Proof not to be dispensed with. Attorneys for the ewlth to oppose divorces that are not warranted by the act. Character of the decree to be pronounced. Not to release offending party. Party divorced not to marry within two years. Courts to re gulate the divi SEC. 7. Be it further enacted, That the court pronouncing the decree of divorce shall regulate and order the division of the estate, sion of estates, real and personal, in such way as to them shall seem just and right, having due regard to each party, and the children, if any: (d) Provid (c) A wife is not entitled to a divorce for corporal maltreatment without husband endanger her life.-Thornberry v. Thornberry 2 J. J. Mar. 322. (d) Where a divoree has been obtained by the wife, and her conduct is blameless, an allowance equal to what the law gives her on the death of her husband, is reasonable.-Thornberry v. Thornberry, 4 Litt. 252. But title to real estate not to be divested. Powers of courts pending suits. ed however, That nothing hrein contained shall be construed to authorize the court to compel either of the partiesto divest himself or herself of the title to the real estate. SEC. 8. And be it further enacted, That pending a suit for a divorce the court may make such temporary orders relative to the property and parties as they shall deem equitable. 1812. Alimony may be recovered where the husband renounces the marriage IN FORCE FROM ITS PASSAGE. AN ACT concerning Alimony and separate maintenance of Wives and Children abandoned by their Husbands and Fathers: Approved February 8th, 1812.4 Litt. 407. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That where any man, united in lawful marriage, hath or hereafter shall renounce the marriage covenant, by refusing to live with his wife in the conjugal relation, by uniting himself to any sect, whose creed, rules or doctrines require a renunciation of the marriage covenant, or forbid a man and wife to any sect which dwell and cohabit together, according to the true spirit and object of marriage, the person so offending shall subject himself to recovery of alimony or separate maintenance by the wife aggrieved thereby. covenant, and unites with requires such renunciation. file her bill or SEC. 2. Be it further enacted, That the wife so aggrieved, may Wife may file her petition or bill in chancery, in any of the circuit courts of petition, and this Commonwealth, hereby vesting them with jurisdiction to cause mode of pro- such proceedings to be had on such bill or petition, as in other caceeding. ses in chancery; and give such orders and decrees thereon, as equity and justice of the case require. And should the party complaining, come within the equity of this act, it shall be the duty of the Character of court before whom such complaint is made, to ascertain the amount of the property, real, personal and mixed, of the husband so offending, and decrce such part thereof to the wife, as they may deem just and equitable. the decree to be made. Provision for children of offender. SEC. 3. If the husband so violating and renouncing the marriage. covenant, shall have a child or children, (under age and unprovided 2. Where the husband is possessed of personal and real property, decreeing a gross sum in money, to the wife, on the divorce, is not consistent with the act of assembly. Where there are no children, and no alleviating circumstances in favor of the husband, a decree for the use of one third of the husband's real estate during the wife's life, and half of his personal estate absolutely, is proper.-Fishli v. Fishli, 2 Litt. 337. 3. By an act approved February 8, 1816, post Title appeals and writs of error, no writ of error can be sued out to reverse a decree granting a divorce, but a writ of error will lie from that part of a divorce case which relates to the division of the estate, and in revising such decree, the court of appeals will look into the evidence to see whether the case is a meritorious one on the part of the applicant and no farther.Thornberry v. Thornberry, 4 Litt. 251. for) it shall be the duty of the court before whom complaint is made, to decree such part of the remainder of said husband's estate to the child or children aforesaid, as to them shall seem equitable. And such court may also appoint guardian or guardians for such child or children, who may be, by the court, or such guardian, bound apprentices, according to the laws on that subject, or remain with and subject to the control of the mother, without molestation, control or hindrance of her said husband. Guardians may be appointed, & their power. Duty and liability of guar dians. [Repealedsee act 1831, sec. 2, post.] How bill to when tried. Conveyance of his estate by SEC. 4. The guardians so appointed, shall come under the same conditions, perform the same duties, and be held subject to the same regulations and penalties, as guardians appointed by county courts. [SEC. 5. The court before whom such complaint shall be made, shall cause a jury to be empannelled to try such facts as shall be urged or relied on by the party complaining and set forth in a bill or petition]; (e) which bill or petition shall be docketed among Commonwealth's prosecutions of the court where the same is filed, be docketed, & and shall be tried in its turn, when called or continued, or laid over to some convenient day, as the discretion of the court may direct. SEC. 6. Where any man shall have violated or renounced the marriage contract, according to the true spirit and meaning of this act, no conveyance, gift, grant or devise, to any sect, member or members thereof, to whom he has or is about to unite himself shall prevent the property, real, personal or mixed, so given, granted, conveyed or devised, from being subject to any decree or decrees pronounced by the proper court in favor of any wife, child or children coming within the provisions of this act: Provided however, That no property shall be decreed to any wife, child or children, under any provision of this act, where such wife, child or children shall have been amply and fully provided for by such husband, according to the full extent of his estate; nor shall the benefits of this act be granted to any wife who has lived in open adultery. husband not to protect it from being subjected to satisfy the decree, No decree for alimony when wives and chil dren are already provided for, wife who has nor in favor of lived in adulte ry. After decree, band to cease, and wife may acquire & hold property. SEC. 7. After a final decree in favor of the wife under this act, the power of the husband over such wife shall cease and determine; power of husand she shall have a right to use her alimony, or the property so decreed her, and to acquire, use and dispose of any property whatever, without being subject to the control, molestation or hindrance of her said husband, in the same manner as if she was a feme sole. SEC. 8. Where any wife, coming under the provisions of this act, shall pray a divorce in her bill or petition, it shall be lawful for the court before whom the same is made, to pronounce a decree declar-" ing such wife divorced to all intents and purposes, from her said husband; but such decree shall not operate so as to release such husband, who shall nevertheless remain subject to all the pains and (e) Bill for alimony should not be dismissed until a jury has found the facts, and the whole Wife may also obtain a divorce But husband not released. cause is prepared.-Thornberry v. Thornberry, 2 J. J. Mar. 325. |