A History of Matrimonial Institutions, Vol. 3 of 3 — John Shaqi
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
[34] _Rev. Stat. of the State of N. H._ (1843), 293. In these
cases the time may be counted before and after the act, or if the
three years have already expired, then a divorce may be granted
in one month after it goes into force: _ibid._, 293, 294. The
period for joining a religious sect was reduced to six months by
the act of Jan. 4, 1849: _Laws of N. H._ (1848-49), 707; _Comp.
Stat._ (1853), 377.
[35] _Laws of N. H._ (1854), 1424, 1425; also _Gen. Stat. of the
State of N. H._ (1867), 335.
[36] They are still in force in _Pub. Stat._ (1900), 591. To
constitute a cause there must now be conviction for a "crime"
punishable in the state by more than one year's imprisonment; and
there must be actual confinement under the sentence.
At the close of the colonial era and until 1850, it will be
remembered,[37] the legislature of Connecticut continued to grant
divorces on various grounds; but jurisdiction in most cases was
exercised by the superior court,[38] where it still remains.[39]
Legislative divorce is not prohibited by the constitution; and it
appears to be still permitted by the law. A recent act provides
that "whenever any petition for divorce shall have been referred
to any committee of the general assembly, such committee may give
to the attorney general reasonable notice of all hearings on such
petition, and he shall thereupon take such action as he shall deem
to be just and equitable in the premises, and he shall appear before
such committee ... whenever in his opinion justice so requires."[40]
Since 1667, as elsewhere seen, divorce from the bond of wedlock had
been granted for adultery, fraudulent contract, wilful desertion for
three years, and for seven years' absence without word. To these
grounds, in 1843, "habitual intemperance" and "intolerable cruelty"
were added.[41] Three more new causes followed in 1849. Divorce was
then sanctioned for sentence to imprisonment for life; "infamous
crime involving a violation of conjugal duty;" and for "any such
misconduct ... as permanently destroys the happiness of the
petitioner, and defeats the purpose of the marriage relation."[42]
The remarkable "omnibus" clause last quoted was not repealed until
1878.[43] The number of causes was thus reduced to eight, and
thereafter no further changes seem to have been made.[44]
[37] See chap. XV, sec. i, _c_).
[38] So in the _Acts and Laws of his Majesty's Colony of Conn._
(1750), 43; in _Acts and Laws_ (1784), 41; _ibid._ (1805), 457;
the _Pub. Stat. Laws_ (1821), 178, 179; _ibid._ (1835), 162, 163;
_ibid._ (1838), 185, 186; _Pub. Acts_ (1849), 17.
[39] _Gen. Stat. of Conn._ (1887), 612.
[40] Act of March 21, 1899: _Pub. Acts_, 996.
[41] _Pub. Acts_ (1843), 20; _Rev. Stat._ (1849), 274. For a
construction of "intolerable cruelty" see Shaw _v._ Shaw, 17
_Conn. Reports_, 189.
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