judged in the manner hereinafter provided, that either party, at the time of such marriage was, and continues to be naturally impotent, or that he or she had a wife or D.1.6.187 husband living at the time of such marriage, or that either party has committed adultery subsequently to the marriage, or wilfully deserts and absents himself or herself from the husband or wife, without any reasonable cause, for the space of two years, and for extreme and repeated cruelty or habitual drunkenness for the space of two years, in every such case it shall be lawful for the injured party to obtain a divorce and dissolution of such marriage contract; but no such divorce shall, in any wise, affect the legitimacy of the children of such marriage, except in cases where the marriage shall be declared void on the grounds of a prior marriage: Provided, that any wilful desertion Proviso. and absence which may have happened before this act takes effect, shall be computed part of the two years absence and desertion provided for in this act. SEC. 2. The circuit court, sitting as a court of chancery, tion in such ca sés. shall have jurisdiction in all cases of divorce and alimony Circuit court to by this act allowed; and the like process, practice, and have jurisdicproceedings shall be had, as are usually had in other cases in chancery, except as is hereinafter provided, and except that the answer of the defendant need not be on oath. The proceedings shall be had in the county where the complainant resides, and the process may be directed to any county in the state. SEC. 3. No person shall be entitled to a divorce in pursuance of the provisions of this act, who has not resided in the state one whole year previous to filing his or her bill or petition, unless the offence or injury complained of was committed within this state, or whilst one or both of the parties resided in this state. SEC. 4. If it shall appear to the satisfaction of the court that the injury complained of was occasioned by collusion of the parties, or done with the assent of the complainants for the purpose of obtaining a divorce, or that the complainant was consenting thereto, or that both parties have been guilty of adultery, when adultery is the ground of complaint, then no divorce shall be decreed. SEC. 5. In all cases for a divorce, where the defendant shall appear and deny the charges in the complainant's bill or petition alledged, the same shall be tried by a jury; but if the bill or petition shall be taken for confessed, the court may proceed to a hearing of the cause, by examination of witnesses in open court, and no confession of the defendant shall be taken as evidence, unless the court or jury shall be satisfied that such confession was made in sine Residence of complainant what necessary. Collusion of complainant. cerity, and without fraud or collusion, to enable the complainant to obtain a divorce. But any marriage which ... may have been celebrated or had in any foreign state or country, may be proved by the acknowledgment of the parties, their cohabitation, and other circumstantial testimony. Alimony when allowed. sue, &c. SEC. 6. When a divorce shall be decreed, it shall and may be lawful for the court to make such order touching the alimony and maintenance of the wife, the care, custody and support of the children, or any of them, as from the circumstances of the parties and the nature of the case shall be fit, reasonable, and just. And in case the wife be complainant, to order the defendant to give reasonable security for such alimony and maintenance, or may enforce the payment of such alimony and maintenance in any other manner consistent with the rules and practice of the court. And the court may, on application, from time to time, make such alterations in the allowance of alimony and maintenance, as shall appear reasonable and proper. SEC. 7. Any woman suing for a divorce, who shall make Females may it appear satisfactory to the court, that she is poor and unable to pay the expenses of such suit, shall be allowed by the court to prosecute her complaint without costs, and in such cases, no fees shall be charged by the officers of the All acts heretofore passed on the subject of divorces, are, by this act, repealed. court. This act to take effect on the first day of June next. In force Decem- AN ACT amending the law concerning Divorces, approved ber 4, 1832. January 31st, 1827. Be it enacted by the people of the state of Illinois, repreCourts of sented in the General Assembly, That in addition to the chancery to causes already provided by law for divorces from the bands have full pow- of matrimony, courts of chancery in this state shall have causes for di- full power and authority to hear and determine all causes vorces not pro- for a divorce, not provided for by any law of this state. vided for by law The same rule of proceeding shall be had as in other ers to hear all cases in chancery, and upon hearing of the bill, or bill and answer, and proofs and exhibits, if the court shall be satisfied of the expediency of decreeing a dissolution of the bands of matrimony, they shall have power to do so, of said county, and to make such order with regard to the costs as they Further power may deem right, and also to make such order with regard This bill having been laid before the coun- A. P. FIELD, Secretary of State. DISTRICTS. AN ACT to lay out the state into districts, for the purpose In force Feb. 15, 1831. Congressional SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That for the purpose of electing three representatives to congress, the districts. following districts are hereby established, numbered first, second, and third. The first shall be composed of the 1st District. counties of Gallatin, Pope, Johnson, Alexander, Union, Jackson, Franklin, Perry, Randolph, Monroe, St. Clair, Washington, Clinton, Bond, Madison, and Macoupin. The second district shall be composed of the counties of 20 District. The third district shall be composed of the counties of Greene, 3d District. SEC. 2. One representative to congress shall be elect ed in each of the several districts, aforesaid, at the general The members election held in the several counties on the first Monday in to be elected, August, 1832; provided, however, that if congress shall when. not apportion to this state three representatives, no elec tion shall be held as aforesaid. pa sad armor su oberkah Poins APPROVED, Feb. 15, 1831. Proviso. DOWER. In force June AN ACT for the speedy assignment of the Dower, and Partition of Real Estate. 1, 1827, Heir, &c. refu dower. SEC. 1. Be it enacted by the people of the state of Illising to assign nois, represented in the General Assembly, That when the heir or other person, having the next immediate estate of freehold or other inheritance, shall not, within one month next after demand made, assign and set over to the widow of the deceased to her satisfaction, her dower in, and to all see 1837 p. 324 1838.9.227.45 lands, tenements, and hereditaments, whereof by law she is or may be dowable, according to the true intendment of law, then such widow may sue for, and recover the same, in the manner hereafter prescribed, against such heir or other person having the next immediate estate of freehold or inheritance, or tenant in possession, or other person or persons claiming right or possession in said estate. D.J. C. 236 15 John 321 511 " Petition. Summons. SEC. 2. Every widow claiming dower, may file her petition in the circuit court of the county against the parties See p.627. See 4 9 aforesaid, stating their names, if known, setting forth the nature of her claim, and particularly specifying the lands, tenements, and hereditaments in which she claims dower, and praying that the same may be allowed to her; and the clerk shall thereupon issue a summons to the parties to appear at the next term of the said court, to answer the complaint, which shall be served by the sheriff as other writs and process. If the parties be unknown, or do not Publication of reside in the county, said clerk shall cause an advertisement to be inserted in the nearest newspaper, printed in this state, to said premises, for four weeks successively, notifying said parties that such petition is filed, and requiring them or any of them to appear at the next term of the cir cuit court, and shew cause why such dower should not be assigned; and which publication shall be deemed due notice, and the parties aforesaid, or any other person interested therein, may appear and contest the widow's right to dower. notice. Appearing. Guardian ad litem for mi nors. SEC. 3. In all cases where the claim of the widow to dower may be contested, the parties contesting the same shall be required to enter their appearance to the action, and the court shall thereupon proceed to try the cause, or direct an issue for that purpose, as the circumstances of the case may require. SEC. 4. Where any of the parties defendants are minors, and under age, and without guardians, the court shall ap point guardians ad litem for such minors. SEC. 5. Where the court adjudges that the widow shall recover dower, it shall be so entered of record, together with a description of the land out of which she is to be Judgment. endowed; and said court shall thereupon appoint three commissioners, not connected with any of the parties, either by consanguinity or affinity, and entirely disinterested, each of whom shall take the following oath, to be administered by the court, or some justice of the peace: "I do solemnly swear, that I will fairly and impartially allot and set off to A. B. widow of C. D. her dower, out of the lands and tenements described in the order of the court for that purpose, if the same can be made, consistent with the interest of the estate, according to the best of my judgment, so help me God." And said commissioners shall set off and allot to said widow her dower by metes and bounds, according to quality and quantity of all the lands, tenements, and hereditaments described in said order of court: Provided, the widow shall have the homestead or dwelling-house of the husband, if she desire it, and make return in writing under their hands and seals to said court; which, if approved by said court, shall vest in her an estate in the lands and tenements so set off and allotted to her, for and during her natural life. SEC. 6. No woman that shall be endowed of any lands, Not to commit tenements, and hereditaments shall wantonly or designed- waste ly commit or suffer any waste thereon, on penalty of forfeiting that part of the estate whereupon such waste shall be made, to him or them that have the immediate estate of freehold or inheritance in remainder or reversion, (and Damages for in case of negligent or inadvertent waste,) by her done or waste. suffered, the damages that may be assessed for such waste, to be recovered by action of waste. SEC. 7. Where a widow has claim to dower in lands lying in different counties, she may proceed in the circuit court of the county where the lands lie, and make recovery in the manner as is herein directed; and in all cases Writ of posseswhere the report assigning dower shall be approved, the sion. court shall forthwith cause the widow to have possession And damages by a writ directed to the sheriff for that purpose, and such widow shall also be entitled to reasonable damages to be the widow. awarded her from the time of her demand and refusal to assign her, her reasonable dower; which may be assessed by the court; or a jury, if required, shall be empannelled for that purpose, and execution may issue therefor. SEC. 8. The widow may, in all cases, retain the full pos session of the dwelling-house in which her husband most to be awarded Widow to usually dwelt next before his death, together with the out have the dwelhouses and plantation thereto belonging, free from moles- ling-house. tation and rent until her dower be assigned. |