For this act of Feb. 16, 1871, see Comp. Laws of the Ter. of Ariz., 1864-71 (1871), 303, 304. The other six causes referred to in the text are (1) impotency; (2) marriage of a female under fourteen without parental consent and not ratified by her after reaching that age; (3) adultery in either without collusion or subsequent voluntary cohabiting; (4) extreme cruelty, or habitual intemperance, wilful desertion for one year, or neglect to provide for the wife; (5) force or fraud; (6) conviction of either of felony after marriage. For the earlier law see the Howell Code, 232 ff.; and the amendments of 1865, in Comp. Laws (1871), 297-303.
[257] Rev. Stat. of Ariz. (1887), 373, 374; cf. Wright, Report, 90. By the act of 1871 the period of desertion is fixed at one year; and it is two years by the Howell Code: Compiled Laws (1871), 298, 304.
[258] Rev. Stat. of Ariz. (1901), 812-15; amended by Acts (1903), 52.
[259] Acts of N. M. (1901), 116 ff. For the earlier laws see Acts of the Ass. of N. M. (1886-87), 68; Comp. Laws (1897), 407. In case of permanent separation, without a dissolution of marriage, either spouse may institute a suit for division of property or disposal of the children; or the wife may bring suit for alimony alone: ibid., 116.
[260] Compiled Laws of N. M. (1885), 514, 516.
[261] Rev. Stat. and Codes of Porto Rico (1902), 813-17.
[262] "Provided, that, when the suit is instituted by the party deserting, it appears that the desertion was caused by the extreme cruelty of the other party, or that the desertion of the wife was caused by the gross or wanton and cruel neglect of the husband to provide suitable maintenance for her, he being of sufficient ability to do so" (p. 30).
[263] Act of Jan. 31: Acts and Joint Res. (1872), 30 ff.
[264] Repealed by act of Dec. 20: Acts and Joint Res. (1878), 719.
[265] Previous to 26 Geo. II., chap. 33.