marriage is 54. When a divorce is granted for adultery, the inno- When recent party may marry again during the life of the defend- forbidden." ant; but the guilty party cannot until the death of the other. 2 R. S., 146, § 49. NOTE-Several other provisions of the Revised Statutes, in respect to the effect of the judgment on the rights of property of the parties, are omitted as being superseded by other provisions of this Code. ARTICLE III SEPARATIONS. SECTION 55. When separation may be adjudged. 56. Causes for separation. 57. Relief may be adjudged in some cases where separation is 58. Judgment of separation, when revoked. aration may 55. A separation from bed and board, for life or for a When seplimited time, may be adjudged by any court of competent be adjudged jurisdiction, in either of the following cases: 1. Between any husband and wife, actual inhabitants of this state; 2. Where the marriage was contracted or solemnized within this state, and the applicant is an actual resident at the time of the application; 3. Where the marriage was celebrated without this state, and the parties have become and remained actual inhabitants of this state at least one year, and the applicant is an actual resident at the time of the application. 2 R. S., 146, § 50. The restriction of this provision to § 56. Such separations may be decreed for the following Causes for causes: 1. Cruel and inhuman treatment of one party by the other; separation. Relief may be adjudged in some cases where separation is denied. Judgment of separation, when revoked. Issues in actions for divorce. Residence of wife. 2. Conduct on the part of one towards the other rendering cohabitation unsafe and improper; 3. Abandonment and refusal to fulfill the obligations of husband or wife prescribed by chapter III of this Code. 2 R. S., 147, § 51. See preceding note. § 57. Where judgment of separation is sought, though it be denied, the court may make such order or judgment for the support and maintenance of the wife and her children, or any of them, by the husband or out of his property, as the nature of the case renders suitable and proper. 2 R. S., 147, § 55. 58. A judgment for separation, whether for life, or for a limited period, may be at any time revoked, under such regulations as the court may impose, upon the joint application of the parties, and upon their producing satisfactory evidence of their reconciliation. 2 R. S., 147, § 56. ARTICLE IV. GENERAL PROVISIONS. SECTION 59. Issues in actions for divorce. 60. Residence of wife. 61. Expense of action. 62. Orders respecting custody of children. 63. Support of wife and children on divorce or separation granted to wife. 62. Security for maintenance and alimony. 59. In an action to annul a marriage or for a dissolution or separation the plaintiff may set up several causes of action'; and the defendant may set up, with a denial of such causes of action, demands for a judgment of nullity, dissolution or separation, as affirmative relief." 1 Code of Procedure, § 157, subdivision 3. § 60. A wife who, at the time of applying for a divorce, under article II or III, resides in this state is to be deemed an inhabitant, although her husband resides elsewhere. 2 R. S., 147, § 57. action. § 61. Pending any action for divorce, the court may, in Expense of its discretion, require the husband to pay any sums necessary to enable the wife to carry on or defend the action. 2 R. S., 148, § 58. This provision is extended to the § 62. In any action for a divorce the court may, pending the action or after judgment, as occasion may require, make such order, between the parties, for the custody, care and education of the children of the marriage as may seem necessary and proper, and may at any time modify or vacate the same. 2 R. S., 148, § 59. Orders recustody of specting children. Support of children on wife and divorce or granted to § 63. Where a divorce is granted for an offense of the husband, the court may compel him to provide for the maintenance of the issue of the marriage, and to provide separation such suitable allowance to the wife, for her support, as the court deem just, having regard to the circumstances of the parties respectively. 2 R. S., 145, § 45; 147, § 54. § 64. The court may require a husband to give reasonable security for providing any maintenance or support, or making any payments required under the provisions of this article, and may enforce the same by the appointment of a receiver and by any provisional remedy applicable to the case. 2 R. S., 148, § 60. Modified to conform to the practice wife. Security for nance and mainte alimony. CHAPTER III. HUSBAND AND WIFE. NOTE.-The provisions of this chapter are intended to complete, so far as seems just and desirable, the removal of the disabilities of married women, and thus to simplify the law of this vexed subject. SECTION 65. Mutual obligations of husband and wife. 66. Rights of husband as head of the family. 67. Duties of husband to wife as to support. 68. In other respects their interests are separate. 69. Husband and wife may make contracts. Mutual obligations of husband and wife. Rights of husband as SECTION 70. How far may impair their legal relation. 74. Husband's remedy for enticing away his wife. § 65. Husband and wife contract towards each other obligations of mutual respect, fidelity and support. 66. The husband is the head of the family. He may head of the choose any reasonable place or mode of living, and the wife must conform thereto. family. Duties of husband to wife as to support. In other respects their interests are separate. Husband and wife may make contracts How far may impair their legal relation. Neither answerable § 67. He must support her out of his property or by his labor. If he is unable to do so she must assist him so far as she is able. 868. Except as mentioned in the last two sections, neither husband nor wife has any interest in the property of the other. § 69. They may make with each other, and each may make with any other person, any engagement or transaction respecting property which they might make, if unmarried. § 70. A husband and wife cannot by any contract with each other alter their legal relation, except that they may voluntarily agree to an immediate separation, and may make provision for the support of the wife and children during such separation. Beach v. Beach, 2 Hill, 260; 1 Sharsw. Blacks., 441, and note, § 71. Neither is answerable for the acts of the other, for the acts except so far as one acts as the agent of the other. of the other. 72. If the husband and wife separate by consent, and the husband secures to her a separate maintenance according to their condition and circumstances in life, by a written agreement, he is not answerable for necessaries furnished for her support so long as he performs such agreement. Calkins v. Long, 22 Barb., 97, and cases there cited. § 73. If the wife abandons the husband he is not liable for her support until she offers to return, unless it be shown that she was justified by his misconduct. Blowers v. Sturtevant, 4 Denio, 46, and cases there cited. 74. A husband may maintain an action for enticing Husband's away his wife or inducing her to live apart from him. Bennett v. Smith, 21 Barb., 439, and cases there cited. remedy for enticing away his wife. TITLE II. PARENT AND CHILD. SECTION 75. What children presumed legitimate. 76. Who may dispute the legitimacy of a child. 77. Obligation of father and mother for the support and educa- 78. Custody of children. 79. Remedy for parental abuse. 80. Effect of the lawful marriage of a minor child. 81. Remedy when a parent dies without providing for the sup- 82. Parent cannot control the property of child. 83. Custody and rights of an illegitimate child. 84. Reciprocal duties of parents and children in maintaining each 85. When a parent is liable for necessaries supplied to a child. 86. When a parent is not liable for support furnished his child. 87. Husband not bound for the support of his wife's children by 88. Compensation and support of adult child. 89. Action for seduction of a daughter. 90. Parent may relinquish services and custody of child. 91. Wages of minors. 92. Right of parent to determine the residence of child. 93. Wife in certain cases may obtain custody of minor children. 94. Abduction of children forbidden. § 75. All children born in wedlock are presumed to be What chil legitimate. § 76. This presumption can be disputed only by the husband or wife, or the descendant of one or both of them. But illegitimacy, in such case, may be proved like any other fact. 877. The father must give his child support and education suitable to his circumstances. If the support and education which he is able to give is inadequate, the wife must assist him to the extent of her ability. dren presumed legitimate. Who may legitimacy dispute the of a child. |