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Sec. 10. Upon the dissolution of a marriage on account of either of the parties having a former wife or husband living, if it shall appear that the second marriage was contracted in good faith by the unmarried party, and with the full belief on his or her part, that the former wife or husband was dead, that fact shall be stated in the judgment or sentence of divorce, and the issue of such second marriage, born or begotten before the commencement of the suit, shall be deemed to be the legitimate issue of the parent who, at the time of marriage, was capable of contracting.

Sec. 11. Upon the dissolution of a marriage on account of the nonage, insanity, or idiocy of either party, the issue of the marriage shall be deemed to be the legitimate issue of the parent who, at the time of the marriage, was capable of contracting.

Sec. 12. A divorce for other causes than those hereinbefore specially provided for, shall not affect the legitimacy of the issue of the marriage; but the legitimacy of such issue, if questioned, shall be tried and determined according to the course of the common law.

Sec. 13. In all cases where a divorce is granted, the court allowing the same shall have power to award alimony to the wife, and to award to the wife such property as she had when she was married, or such part thereof as the court may deem reasonable, or the value thereof, having a regard to the circumstances of the husband at the time of the divorce. The court may also, in granting a divorce, restore to the wife her maiden or other previous name.

Sec. 14. The court shall also have power to order and direct who shall have the guardianship and custody of the children, and be charged with their maintenance.

Sec. 15. In granting a divorce for adultery, the court may restrain by its judgment the guilty party from marrying again; in which case the bond of matrimony shall be deemed not to be dissolved as to any future marriage of such party, or in any prosecution on account thereof.

Sec. 16. The circuit court may also award alimony to the wife for her sustenance during the pendency of a petition for a divorce filed for any of the causes aforesaid.

CHAPTER 70.

GENERAL PROVISIONS CONCERNING HUSBAND AND WIFE.

cases.

SECTION

SECTION 1. When wife is abandoned by her husband, 13. Proceedings therein, &c.

circuit court may authorize her to sell 14. How far husband responsible for debts her property.

of wife contracted before marriage. 2. Also to demand her personal property. 15. Damages awarded in certain cases for 3. She may dispose of the proceeds of such land of a married woman; how dissales and of such property, as if she

posed of. were unmarried.

16. Proceeds of wife's real estate, sold under 4. She may be authorized to contract and an order ; how disposed of. sue, &c.

17. Same of wife's dower interest in hes5. And to execute all necessary deeds, &c.

band's real estate, when sold in certain 6. The appearance and answer of husband

in such proceedings; how obtained. 18. How wife may dispose of her interest 7. Such powers to continue during the ab

therein. sence of the husband.

19. Same shall descend as real estate. 8. Her contracts so made shall bind her hus- 20. Wife may join husband's committee in band, and in his absence she may be

sale of his lands, or his interest in hers. sued thereon.

21. Proceeds of such sale ; how disposed of. 9. Her general liability to be sued.

22. When wife insane; how dower released. 10. Suit not to abate on husband's return.

23. If female under fourteen years of age 11. If husband does not become a party, judg

marry, a receiver of her estate to be ment may be enforced against him.

appointed, &c. 12. Wife of a party sentenced to peniten

24. Tenant by the curtesy may be required tiary, may be authorized to sell, &c.

to bond for the support of wife's &c.

children. SECTION 1. When any husband shall absent himself from the District, abandoning his wife and not making sufficient provision for her maintenance, if the wife is of the age of twenty-one years the circuit court may, on petition filed, and proceedings being had to establish such facts, authorize her to sell and convey her real estate, or any part thereof, and also any personal estate which shall at any time have come to the husband by reason of the marriage, and which may remain within the District undisposed of by him.

Sec. 2. The court may also, under like circumstances, authorize any person holding money or other personal estate to which the husband is entitled in her right, to pay and deliver the same to the wife, and may authorize her to give a discharge for the same, which discharge shall be as valid as if given by the husband.

Sec. 3. All the proceeds of such sales, and all other personal estate, which shall come to the hands of the wife by force of this chapter, may be used and disposed of by her, during the absence of her husband, as her own property, in the same manner as if she were unmarried : provided, however, that the liability of the same, while in her hands, for the debts of her husband contracted prior to the order or judgment authorizing such sale or delivery, shall in nowise be affected.

Sec. 4. The court may further authorize such wife to make any contract, under seal or otherwise, in her own name, and also to commence, prosecute, and defend any action to final judgment and execution, in like manner as if she were unmarried.

Sec. 5. Every woman authorized as aforesaid may make and execute any deeds or other instruments in her own name, and do all other lawful acts that may be necessary and proper to carry into effect the powers so granted to her.

Sec. 6. In every such proceeding, the complaint shall be filed against the husband, and the same process, by publication or otherwise, shall be had, to procure his appearance, as is had on petitions for divorce.

Sec. 7. The powers so granted to a wife shall continue, and may be exercised, until her husband shall return into the District, and claim his marital rights.

Sec. 8. All contracts lawfully made by any wife, by virtue of such powers, shall be binding on her and her husband, in the same manner as if he were a party thereto; and she shall, during the absence of her husband from the District, be liable to be sued thereon, as if she were unmarried.

Sec. 9. She shall also be liable to be sued, in like manner, for all other acts and things done by her during the continuance of the power 80 granted to her.

Sec. 10. No action wherein a wife shall be a party under the provisions of this chapter shall abate by the return of the husband into the District, but he may, on his application, be admitted to prosecute or defend the action jointly with her, in like manner as if they had intermarried after the commencement of the same,

Sec. 11. If the husband shall not be admitted as a party to the action, it shall proceed to judgment and execution, as if he had not returned to the District; and any judgment recovered against the wife may be afterwards enforced against the husband, in like manner as one on a debt of his own may,

Sec. 12. When any husband shall be sentenced to confinement in the penitentiary of this District, his wife may, on her petition to the circuit court, be authorized to sell and convey her estate, and to do any and all the other acts which may, according to the provisions of this chapter, be done by a wife, when authorized as before provided, in the absence of her husband; and the authority so granted to the wife of a convict may continue and be exercised until the discharge of her husband from such confinement.

Sec. 13. The petition of the wife of such convict shall be presented, and the proceedings thereon shall be conducted, in the manner before prescribed in the case of a husband who has abandoned his wife; and she and her husband shall be bound, respectively, by all her lawful contracts, in the same manner as is herein before provided with respect to the contracts of a wife who is authorized to act on the abandonment of her husband; and all actions relative to such contracts, and other acts of the wife of such convict, whether brought by or against them, or either of them, shall be conducted and disposed of in the same manner.

Sec. 14. Upon all marriages hereafter contracted, the husband shall not be responsible for the debts and liabilities of the wife contracted before marriage, further than is herein provided.

First. When he receives personal property with or through her, or derives the same from the rent, or profits, or sale of her real property, he shall be responsible to that extent; and such responsibility of the husband shall not be extinguished by the death of the wife.

Secondly. When the wife has at the time of marriage, or acquires thereafter during coverture, real property, judgment in respect to her previous liabilities may be rendered against her and her husband jointly, to be levied of such real property.

Sec. 15. When the real estate of any married woman shall be taken for a railroad, turnpike, way, or other public use, or shall be damaged by the laying out of a railroad, turnpike, way, or any other public work, the compensation awarded therefor may be so invested and disposed of as to secure to her the same right, use, and benefit of and in the sum so awarded, and the income thereof, that she would have had in the real estate, and the income thereof, had it not been so taken or damaged; and the circuit court shall, on the application of any such woman, hear and determine the case, and shall make such orders thereon as may be necessary to secure her rights and interests.

Sec. 16. When the real estate of the wife is sold at any time during coverture, under an order of the circuit court, the proceeds thereof shall be so invested, under the directions of the court, as to secure to her, free from any liabilities or claim of her husband, the same interest in the principal sum and interest thereon, that she would have had in the real estate had it not been sold.

Sec, 17. When any real estate in which the wife has her dower right is sold in the lifetime of her husband, under a deed of trust or mortgage executed by the husband before marriage, or in which the wife has joined with privy acknowledgment, certified as provided in chapter forty-eight, the trustee making such sale shall, under the direction of the circuit court, invest one-third of the proceeds of sale remaining after paying off the encumbrances that are valid against the wife, so that she may have secured to her, in the event of her surviving her husband, the interest thereon for the remainder of her life, from the date of his death, free of any liabilities of his.

Sec. 18. In either case provided for in the three sections immediately preceding, the wife may, by an instrument in writing signed and sealed by her, and acknowledged privily, as in case of a deed of real estate, before a commissioner to be appointed by the circuit court, and by him certified, authorize the payment of such fund held in trust for her to her husband; or, with his consent, to be indicated by his uniting in and acknowledging such instrument, to any other person.

Sec. 19. In the event of the wife dying before her husband, without having disposed, as aforesaid, of her interest therein, the investments made in accordance with preceding sections fifteen or sixteen shall descend as real estate of the wife, and subject to the same charges.

Sec. 20. When the committee of any insane person shall be authorized to sell the real estate of the latter, or shall be authorized to sell his interest in the real estate of his wife, the wife may, if she thinks fit, join with the committee in the conveyance, and thereby convey all her interest in the granted premises, as fully as she might have done by a conveyance executed jointly with her husband had he been under no legal disability.

Sec. 21. In case of any such release by the wife of her right of dower, or of any such conveyance of her own estate, the proceeds of sale

may be so disposed of and invested as to secure to her the same right and benefit in the principal sum and the interest thereof, that

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