[489] For some account of the influence of the California Codes see Hepburn, Hist. Dev. of Code Pleading in America and Eng. (Cincinnati, 1897), especially 93 ff., 104 ff., 160.
[490] Compare the act of Feb. 7, 1865: in Acts (1864-65), 430, 431; and Comp. Codes and Stat. of Mont. (1895), 478-80.
[491] Rev. Stat. of Idaho (1887), 303-7.
[492] But a divorce is not allowed, under this provision, unless the insane person shall have been regularly and duly confined in an insane asylum of the state for at least six years immediately before the action: act of Feb. 4: Gen. Laws (1895), 11, 12. By an act of Feb. 14: Gen. Laws (1899), 232, 233, were added the words, "nor unless it shall appear to the court that such insanity is permanent and incurable;" and now it is sufficient if the previous confinement has been in an asylum "of a sister state," provided the plaintiff has been an actual resident for one year: ibid., (1903), 332, 333.
[493] Act of Jan. 16, 1864: in Laws of the Ter. of Idaho (1863-64), 615-18.
[494] Act of Jan. 9: Laws (1867), 69-71.
[495] Act of Jan. 13, 1875: Comp. and Rev. Laws of Idaho (1875), 639-41.
[496] Act of Jan. 15: in Gen. and Private Laws (1864), 19-26.
[497] Act of Jan. 12, 1866: Laws, Memorials, and Resolutions (1865-66), 13-16.
[498] If for a crime of the same grade as warrants such imprisonment in the territory, and if application be made during the term of confinement.