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
[126] _Laws of Md._ (1790), chap. xxv. _Cf._ BACON, _Laws of Md._
(1715), chap. 44, sec. 26.
[127] _Laws of Md._ (1805), chap. xxxiii.
The session laws for 1806-7 afford five more examples of absolute
divorce. On January 3, 1807, Pamela Sampson got herself released
from her husband George, because they had long lived "on terms
incompatible with the happiness of the conjugal union, which
every day, if possible, increased, owing to intoxication which
deranged his mind." On the next day Catherine Dimmett, finding
herself in the same sad relation with James, her spouse, alleges
that she "considers herself in hourly danger from his violence, as
he not only attempted his own life, by cutting his own throat in
the most barbarous and shocking manner," but has also repeatedly
threatened hers, "thereby showing himself free from every moral
restraint, and prepared for the commission of the most desperate
and bloody deeds." Moreover, he remains in "one continuous state of
intoxication, and freely indulges in every species of irregularity;"
for all of which the worthy lawmakers felt justified in granting
her prayer. On the same day, for cause not named, the nuptial tie
of Benjamin and Ruth Fergusson was dissolved, but on condition that
the act shall have no force unless the husband shall "give bond,
with good and sufficient authority, to be approved by the orphan's
court of Baltimore County, ... for the payment of the sum of thirty
dollars _per annum_ to the said Ruth during her life, so long as
the said Benjamin shall live." In the other two cases no ground is
assigned.[128]
[128] _Maryland Laws_ (1806-7), chaps. xxxix, lxix, lxxvi,
lxxvii, lxxx.
During the following years the legislature was from time to time
appealed to for relief.[129] In 1830 the first act regulating
divorce appears in the statute-book. This law provides for judicial
process in the initial stages, but leaves the final action to
the assembly. It is made "lawful for any person who may intend
to apply to the legislature for a divorce, to file a petition,
stating the ground of his application, in the court of the county
in which the person from whom he desires to be divorced resides."
Upon the "filing of such petition, a subpoena shall issue to
the party implicated, to appear and answer the same; and, upon
such appearance, it shall be the duty of the court to issue a
commission to a person or persons therein to be named, to take
such testimony as the respective parties require." This testimony,
taken after twenty days' notice, must be returned to the clerk of
the court issuing the process, who is directed to forward it to
the legislature together with "the petition, answer, and all other
proceedings had under the application."[130]
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