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
The finding of this body is then entered as the
definitive judgment of the court.[169]
[168] Act of Dec. 1, 1802: in _Compilation of Laws of Ga._
(1812), 98-100.
[169] _Compilation of Laws of Ga._ (1812), 312-14.
Thus the law remained until 1833, except that a form of oath was
prescribed in 1810.[170] In the meantime an ever-increasing number
of divorce acts appears in the session laws.[171] Between 1798
and 1835 at least two hundred and ninety-one decrees for absolute
dissolution of marriage were granted by the legislature. In the
beginning of the period the average annual output was but four; at
the close it had risen to not less than twenty-eight.[172] In one
instance the previous finding of a jury seems to have been thought
superfluous. John Cormick, having fled from Ireland to Georgia in
1798, before the constitution went into effect, and his family
refusing to accompany him, the legislature, without a verdict,
declared his person and property exempt from the claims of Eliza his
wife as if they were never married, and John was fully authorized
to do all things as if he had never entered into the matrimonial
state.[173] Another case shows the Georgia lawmaker a close second
in legal economics to his brother of Kentucky. On December 13,
1816, twenty-one pairs were set free and the offenders forbidden
to remarry in thirteen lines of print, excluding the names.[174]
In 1833 a remedy was therefore sought through an amendment to the
constitution. "Whereas," explains the preamble, whose redundant
adjectives may well be a sign of serious distress, "the frequent,
numerous, and repeated, applications to the legislature to grant
divorces has (_sic_) become a great annoyance to that body, and
is (_sic_) well worth their attention," both on account of the
expense and the unnecessary "swelling" of the laws and journals, and
"believing that the public good would be much promoted, and that the
parties would receive full and complete justice;" therefore it is
enacted as a part of the organic law that "divorces shall be final
and conclusive when the parties shall have obtained the concurrent
verdicts of two special juries authorizing a divorce upon legal
principles."[175]
[170] PRINCE, _Digest_ (1837), 190; Head _v._ Head, 2 _Georgia_,
193.
[171] In the _Compilation of Laws_ (1812), 61, 83, 113, 202-4,
264, 385, 408, 508, 509, 512, 569, are eighteen divorce acts;
many appear in _Laws of Ga., 1810-19_ (1821), 193-96, 252-63;
and eighty-six cases, in DAWSON, _Compilation, 1819-29_ (1831),
141-53.
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