2. Where there is and shall have been for the period of one year next preceding the application for such divorce, continuous and repeated instances of cruel and inhuman treatment by either party, so as greatly to impair the health or endanger the life of the other party, thereby rendering it unsafe to live with the party guilty of such cruelty or inhumanity.

§2. The foregoing sections shall not apply to any person who shall not have been an actual resident of this State for the period of five years next preceding such application for such divorce.

§3. Specifications one, two, and three of original section thirty-eight, of article three, of title one, of chapter eight, of part two of the Revised Statutes, shall apply to these causes for divorce as they now apply to the cause of adultery.

§4. The other provisions of the Revised Statutes relating to the granting of divorces for adultery, and regulating the form and manner of proceedings and decrees, and the effects thereof, and the restrictions and defences to the application thereof, shall be applicable to the granting of divorces for causes hereinabove specified, and all proceedings therefor and therein, so far and in such manner as the same may be capable of such application.

§5. This act shall take effect immediately.

[174] Published at the close of Mr. Greeley's "Recollections of a Busy Life."

[175]

Passed April 10, 1862.

Sect. 3. Any married woman, possessed of real estate as her separate property, may bargain, sell, and convey such property, and enter into any contract in reference to the same, with the like effect in all respects as if she were unmarried; and she may in like manner enter into such covenant or covenants for title as are usual in conveyances of real estate, which covenants shall be obligatory to bind her separate property, in case the same or any of them be broken.

§2. The fourth, fifth, sixth, ninth, tenth, and eleventh sections of the said Act are hereby repealed.