A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
gross and confirmed habits of intoxication caused by the voluntary
and excessive use of intoxicating liquors, opium, or other drugs;
(5) cruel and abusive treatment; (6) on the libel of the wife, if
the husband, being of sufficient ability, grossly or wantonly and
cruelly refuses or neglects to provide suitable maintenance for her;
(7) when either spouse has been sentenced to confinement at hard
labor for life or for five years or more.[25]
[21] _Supp. to Gen. Stat. of the Com. of Mass., 1860-72_, I, 871.
[22] Act of June 11, 1873: _Acts and Resolves_ (1873), 908.
[23] _Pub. Stat. of the Com. of Mass._ (Boston, 1882), 813.
[24] Act of June 7, 1889: _Acts and Resolves_ (1889), 1172.
[25] _Rev. Laws_ (1902), II, 1352, 1353. Divorce for joining a
religious sect, under the act of 1850, seems to have been dropped
out in the revision. It is still in _Pub. Stat._ (1882), 813.
The century's legislation in the other New England states regarding
the causes of divorce shows important differences in details and
in the rate of progress; but the general tendency and the final
result are much the same. For a short period previous to 1784
the legislature of New Hampshire exercised the right of granting
divorces from the marriage bond.[26] The constitution of that
year, following the example of Massachusetts, put a stop to the
practice.[27] So by the act of February 17, 1791, which determined
the general character of the divorce laws of that state for half a
century, jurisdiction is vested in the superior court of judicature,
where, under sanction of the constitution[28] of 1792, it remained
until 1855, when it was transferred to the supreme court.[29] In the
outset the laws of New Hampshire are more liberal in this regard
than those of Massachusetts, and the development is more rapid.
By the act of 1791, just mentioned, a divorce _a vinculo_ may be
granted for the impotency, adultery, extreme cruelty, or three
years' absence of either spouse; and to the wife when the husband
wilfully abandons her for three years, refusing to provide.[30]
But, it should be observed, separation from bed and board is not
recognized. This law stood unaltered until 1839, when, in addition
to the causes already assigned, a divorce is authorized for three
years' wilful desertion or refusal to cohabit by either person, if
the cause continues at the time of petition.[31]
[26] See the _Index to the MSS. Laws of New Hampshire Recorded
in the Office of the Secretary of State, 1679-1883_ (1886), 149,
150, where a list is given showing that legislative decrees were
granted in 1766, 1771, 1773, 1778, 1779, 1780, 1781, 1782, and
1783.
[27] See the provision in POORE, _Charters_, II, 1290.
[28] It is by that constitution left in the hands of the superior
court until the legislature shall make provision: POORE,
_Charters_, II, 1305; also in _Const. and Laws of the State of N.
H._ (1805), 18.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account