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
[121] For New Hampshire, see _Pub. Stat._ (1900), 592, 593. The
law of Connecticut is very general. For instance, the court may
assign the woman as alimony any part of her late husband's estate
not exceeding one-third thereof. If divorced for her misconduct,
all property received from the husband in consideration of the
marriage or of "love and affection" must be restored. A minor
child must be supported by the parents; and upon complaint of
either of them at any time, the court may inquire into their
pecuniary ability, and pass a decree against either or both for
its just maintenance: _Gen. Stat. of Conn._ (1888), 612-14. See
also _Gen. Laws of R. I._ (1896), 633-36; _Rev. Stat. of Maine_
(1884), 520-23, where it is provided that, when a divorce is
decreed for the adultery of the wife, the husband "may hold her
personal estate forever, and her real estate, of which she was
seized during coverture, during his life, if they had a child
born alive during marriage, otherwise during her life only, if he
survives her; but the court may allow her so much of her real or
personal estate as is necessary for her subsistence."--_Ibid._,
522. But by an act of 1903 it is provided that where the wife
is at fault the husband is "entitled to one-third, in common
and undivided of all her real estate, except wild lands, which
shall descend to him as if she were dead;" and the court in
its discretion may grant him a part of her personal estate. In
all cases the right, title, or interest of the libellee in the
libellant's real estate is barred by the decree of divorce: _Acts
and Resolves_ (1903), 171.
[122] _Vermont Stat._ (1894), 509 ff.
Finally, it may be noted, that only in recent years have any
of these states made any adequate provision for gathering and
publishing the statistics of divorce.[123]
[123] Massachusetts made such provision in 1882. Clerks of court
are to submit annual reports to the secretary of the commonwealth
who is to embody the facts in his own report to the legislature.
The first report is to cover the period 1879-82: _Supp. to Pub.
Stat., 1882-88_, 40, 41. In Connecticut and Rhode Island the
clerks are to make a similar report to the secretary of the
state board of health: _Gen. Stat. of Conn._ (1887), 566, 567:
_Gen. Laws of R. I._ (1896), 768, 322. The same officer is made
register of vital statistics in New Hampshire: _Pub. Stat._
(1891), 490; and that state has provided that the clerks of the
supreme court shall report to the register the record of all
divorces decreed since July 1, 1858: _Laws_ (1901), 513. Similar
reports of decrees _nisi_ are required in Maine: _Rev. Stat._
(1884), 522. Vermont has provided for the registration of decrees
under general direction of the secretary of the state board of
health, who is to publish a biennial report, beginning in 1900:
_Acts and Resolves_ (1898), 41 ff.
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