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
This example found frequent imitation both before and after the
state of Louisiana was organized. By March 3, 1827, forty-six
legislative divorces had been granted.[157] With these, however,
the history of such cases comes to an end; for, a few days later,
exclusive jurisdiction in all divorce matters was bestowed upon the
courts;[158] and the policy thus adopted by statute was ratified by
the constitution of 1845.[159]
[157] LISLET, _Gen. Digest_, II, Appendix, 25, 26, gives the
list, with dates. These divorce acts, as usual, fill each but two
or three lines in the statute-book, and usually the cause is not
assigned. For examples see _Acts_ (1822), 12; _ibid._ (1826), 34,
58, 60, 62, 222; and _ibid._ (1827), 12, 18, 24.
[158] By the act of March 19, 1827: _Acts_, 130-35.
[159] Const. of 1845, Art. CXVII: POORE, _Charters_, I, 721; also
Const. of 1852, Art. CXIV: POORE, _op. cit._, I, 735; _Civil
Code_ (1853), 19; Const. of 1864, Art. CXVII; and Const. of 1868,
Art. CXIII: POORE, _op. cit._, I, 750, 767.
A federal law in 1886 prohibits legislative divorce in any of the
territories of the United States. Previous to that date, however, it
had existed in Arizona. During the single session of 1879 seventeen
divorces were granted by legislative decree; and the practice may
have continued until stopped by congressional authority.[160]
[160] Fifteen of these divorces were granted by the one act of
Feb. 7, 1879: _Acts and Resolutions_ (1879), 5-8; for the others
see _ibid._, 46, 112; and compare the act of Congress of July 30,
1886: _Statutes at Large_, XXIV, 170. In the same year, 1879,
twenty-eight divorces were granted by the courts of Arizona, and
five in the year before: WRIGHT, _Report_, 151.
Kentucky refrained from any divorce legislation until 1809, when
jurisdiction was conferred upon the circuit courts.[161] But the
jurisdiction was not exclusive; for year by year until 1850, when
the usual constitutional interdict appears,[162] the session laws
show the assembly engaged in passing divorce decrees.[163] In the
meantime provision was made for notice to the adverse party. By
the act of 1837, in case of residents of the state, there must be
one month's written notice in which the ground of the intended
application to the legislature shall be set forth; while, if the
defendant is a non-resident, publication of the notice for four
weeks in some "authorized" newspaper "may supersede the necessity of
personal service." When a divorce is granted on such application,
the wife shall receive back the estate which the husband had with
her at the marriage, unless she has been guilty of conduct such as
by the laws of the state would forfeit her right of dower; and when
the husband's conduct is the cause of separation, she is entitled
to the same share of his real and personal property as if he were
dead.[164]
[161] Act of Jan. 31, 1809: LITTELL, _Stat. Law_ (1814), IV, 19,
20.
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