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
Until constitutionally prohibited in 1852-53, legislative divorce
also existed in Missouri.[143] The law of 1833 endeavors to restrict
the action of the assembly to cases for whose trial "before the
judiciary" the law has not provided; and it forbids entirely the
hearing of any petition when the causes for it "shall have accrued
since the next two months preceding the sitting of the legislature."
At the same time notice to the opposite party is made essential.
In the case of residents, two months' written notification is
required, service to be proved by affidavit. If the libellee is a
non-resident, publication in a newspaper for at least three weeks
successively will suffice.[144]
[143] By the ninth amendment to the constitution of 1820,
ratified at the session of 1852-53: _Rev. Stat._ (1856), I, 96;
POORE, _Charters_, II, 1122. The prohibition is retained in the
constitution of 1875, Art. IV, sec. 53: POORE, _Charters_, II,
1175.
[144] Act of Jan. 31, 1833: _Laws of a Public and General Nature_
(1842), II, 361.
The government report shows several divorces in South Carolina
for the year 1869-70; and these were probably granted by the
legislature, for no divorce statute then existed.[145]
As early as 1803 the statutes of the Mississippi Territory make
provision for both kinds of divorce by judicial sentence; but
resort to the legislature is not prohibited.[146] Later, by the
constitution of 1817 and the laws thereunder enacted, it is declared
that "divorces from the bonds of matrimony shall not be granted,
but in cases provided for by law, by suit in chancery;" but it is
especially provided that "no decree for such divorce shall have
effect until the same shall be sanctioned by two-thirds of both
branches of the general assembly."[147] This unwise condition--in
substance so often appearing in the enactments of the South--seems
to have lasted only until 1832, when it was omitted in the
constitution framed in that year. In the meantime the legislature
had found plenty of work to do. The session laws of 1833, for
example, contain nine divorce decrees, passed probably just before
the new constitution went into effect.[148]
[145] WRIGHT, _Report_, 388, 389, 155.
[146] Act of March 10, 1803: _Stat. of Miss. Ter._ (1816), 252-54.
[147] Constitution of 1817, Art. VI, sec. 17: POORE, _Charters_,
II, 1064; carried out by act of June 15, 1822: _Code of Miss._
(1848), 496.
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