ase in the number
of libels annually filed, that some modification of our laws will soon
be made which shall give the entire jurisdiction of this matter either
to the Superior Court or to the Judges of Probate in the several
counties. Governor Robinson called the attention of the Legislature to
the importance of some change in this direction in his last message, and
urged speedy action.
The act of 1786, above alluded to, fixed the causes of divorce at
two--adultery or impotency of either of the parties, but allowed a
divorce from bed and board for extreme cruelty. To this was added in
1810 the further cause of desertion, or refusal to furnish proper
support to the wife. To the two causes above named the Legislature of
1836 added a third, namely, the imprisonment of either party for the
term of seven years or more at hard labor.
In 1698 it had been provided that in case of three years' absence at
sea, when the voyage set out upon was not usually of more than three
months' duration, the man or woman whose relation was in this way parted
from him might be considered single and unmarried. In 1838 wilful
desertion for five years was added to the then existing causes for
absolute divorce, in favor of the innocent party, and in 1850 yet
another cause was added by providing that if either party separated from
the other and for three years remained united with any religious sect or
society believing or professing to believe that the relation of husband
and wife is void and unlawful, a full divorce might be granted to the
other.
The law remained thus for ten years, or until the adoption of the
General Statutes in 1860, when desertion for five years was made ground
for granting a divorce to the deserting party also, provided it could be
shown that such desertion was due to the cruelty of the other, or in
case of the wife, to the failure of the husband to properly provide for
her. Divorce from bed and board was also authorized for extreme cruelty,
complete desertion, gross and confirmed habits of intoxication, if
contracted after the marriage, and neglect of the husband to provide for
his wife. Such limited divorces might be made absolute after five years'
separation, on petition of the party to whom the divorce was granted,
and after ten years on that of the guilty party. There was no change in
these laws until 1870, when limited divorce, a relic of churchly
superstition, was done away with entirely in this State, the ground
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