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
become a habitual drunkard.[201]
[198] _North Carolina Acts_ (1827-28), 20. _Cf._ the preceding
section of the text.
[199] _Rev. Stat. of N. C._ (1837), 238-42.
[200] The first three causes appear in _Public Laws_ (1871-72),
339; the fourth is added by _ibid._ (1879), chap. 132, p. 240;
the fifth by _ibid._ (1887), chap. 100, p. 190; the sixth by
_ibid._ (1889), chap. 442, pp. 422, 423; the seventh by _ibid._
(1903), 846, amending an act in _ibid._ (1899), 337, which made
the term of desertion one year; and the eighth by _ibid._ (1899),
124, 125. The seventh cause applies only to cases occurring
before Jan. 1, 1903. The offender divorced for the seventh cause
may not rewed in five years; and he must have been a resident of
the state for the same period.
[201] The five causes of partial divorce are in _Public Laws_
(1871-72), 339, 340. _Cf._ _Code of N. C._ (1883), I, 514.
With the exception of one or two peculiar provisions, the law of
Tennessee, enacted in 1799, is similar to that of the parent state
North Carolina, adopted fifteen years later, although confirmation
by the assembly is not required. A total divorce may be granted
by the superior court (1) for bodily infirmity at the time of
marriage; (2) bigamy; (3) when either consort "hath been guilty of
acts and deeds inconsistent with the matrimonial vow, by adultery,
or wilful and malicious desertion or absence without a reasonable
cause, for the space of two years." In all cases the innocent person
may remarry; but when the cause is long absence, he does so at his
peril. For, as in Pennsylvania, should he contract a second marriage
and thereafter the missing first spouse prove to be alive, a cruel
Enoch Arden clause offers to the "party remaining single" at his
return the option either of having his former wife restored or his
marriage with her dissolved. By the same statute a divorce from bed
and board may be allowed when (1) the husband "shall maliciously
abandon, or (2) turn his wife out of doors; or (3) by cruel or
barbarous treatment endanger her life; or (4) offer such indignities
to her person as to render her condition intolerable, and thereby
force her to withdraw." In such cases the court may grant the
wife alimony, not exceeding one-third either of the husband's
income or of his estate, as may seem just; and such alimony shall
continue until a reconciliation takes place, or until the husband
by his petition shall "offer to cohabit with her again, and use
her as a good husband ought to do." Then the court may suspend the
decree; or, if the wife refuse, may discharge and annul it at its
discretion. Should the husband after reconciliation fail to keep
his engagements, the decree of separation is to be renewed and the
arrears of alimony paid.[202]
[202] SCOTT, _Laws of Tenn., Including those of North Carolina
Now in Force_ (1821), I, 645-48 (act of Oct. 26, 1799).
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account