[499] Act of Jan. 10, 1867; in Gen. Laws (1866-67), 45-52.
[500] Act of Jan. 13, 1871: in Gen. Laws (1870-71), 414. In the same volume, curiously enough, the civil code of Jan. 12, 1866, including the divorce law of that year, as given in the text, is re-enacted; and so the act of Jan. 10, 1867, is entirely ignored. But the early legislation of Dakota is exceptionally bungling and confusing.
[501] Rev. Codes of the Ter. of Dak. (1877), 215, 216; also in Levissee, Ann. Codes (1883), II, 747-52. By the code of 1877 the term of wilful desertion, wilful neglect, and habitual intemperance was fixed at two years; but the one-year period was substituted in 1881: Act of March 1, Laws (1881), 66.
[502] Stat. of S. D. (1899), II, 1025-30; Rev. Codes (1903), 598-603.
[503] Act of March 6: Acts (1899), 95; but insanity as a ground is omitted in Laws (1901), 81, 82. There is no partial divorce in North Dakota; but, though a decree be denied, the court may provide for the maintenance of the wife and children by the husband: Rev. Codes (1895), 614. Cf. McFarland v. McFarland, 2 N. W. Rep., 269; Ross v. Ross, 10 N. W. Rep., 193.
[504] Rev. Codes of N. D. (1895), 611-15, 929; Stat. of S. D. (1899), II, 1489; I, 267.
[505] Since 1861 these marriages have thus been void without judicial proceedings; while those below the age of consent, or when there was want of understanding, or when obtained by fraud with no subsequent voluntary cohabitation, are void from the time a decree of nullity is pronounced. But a marriage shall in no case be adjudged a nullity, on the ground of being under age of consent, if the parties cohabited freely after reaching that age; nor the marriage of an insane person, if there be similar cohabitation after restoration to reason: act of March 28: Laws (1861), 96, 97; same in Comp. Laws (1900), 115.
[506] Cf. the act of Nov. 28: Laws (1861), 96-99; that of Feb. 15: Laws (1875), 63; and Comp. Laws (1900), 115-18. Partial divorce is not recognized; but the common law, as administered by the ecclesiastical courts, is a part of the law of Nevada, so far as not superseded by statute: Wuest v. Wuest, 17 Nev., 216. For the interpretation of extreme cruelty see Reed v. Reed, 4 Nev., 395; Gardner v. Gardner, 23 Nev., 207; Kelley v. Kelley, 18 Nev., 48.
[507] U. S. Stat. at Large, XXXI, 408-10; Laws of Alaska (1900), 243-46.
[508] Civil Laws of the Hawaiian Islands (1897), 715-21.