of extreme and repeated cruelty; or has been convicted of felony or other infamous crime, it shall be lawful for the injured party to obtain a divorce and dissolution of such marriage contract.

[R. S. 1845, P. 196, 81; Berdell v. Berdell, 80 111. 604; Blake v. Blake, 70 Ill. 618; Henderson v. Henderson, 88 Ill. 248; Harman v. Harman, 16 ill. 90; Thomas v. Thomas, 51 Ill. 162; Birkby v. Birkby, 15 Ill. 121; Turbitt v. Turbitt, 21 Ill. 438; Von Glahn v. Von Glahn, 46 Ill. 135; Bast v. Bast, 82 111. 584; Angelo v. Angelo, 81 Ill. 251; Lloyd v. Lloyd, 66 Ill. 88; Sterl v. Sterl, 2 Brad. 223: Chestnut v. Chestnut, 88 Ill. 548; Bradford v. Abend, 89 Ill. 78; Bonham v. Badgley, 2 Gilm. 622; Embree v. Embree, 53 Ill. 394; Vignos v. Vignos, 15 Ill. 186; Carter v. Carter, 62 III. 439; Daily v. Daily, 64 Ill. 329; Farnham v. Farnham, 73 Ill. 497; Phillips v. Phillips, 1 Brad. 245; Peipho v. Peipho, 88 Ill. 438; Kennedy v. Kennedy, 87 Ill. 250.

2. Residence. § 2. No person shall be entitled to a divorce in pursuance of the provisions of this act, who has not resided in the State one whole year next before filing his or her bill or petition, unless the offense or injury complained of was committed within this State, or whilst one or both of the parties resided in this State.

[R. S. 1845, p 197, § 3; Sterl v. Sterl, 2 Brad, 225; Davis v. Davis, 30 Ill. 183; Parker v. Parker, 61 Ill. 369; Ashbaugh v. Ashbaugh, 17 Ill. 476.

3. Legitimacy of children. 3. No divorce shall, in anywise, affect the legitimacy of the children of such marriage, except in cases where the marriage shall be declared void on the grounds of a prior marriage.

[R. S. 1845, p. 196, § 1; Clarke v. Lott, 11 Ill. 105.

4. Jurisdiction. § 4. The circuit courts of the respective counties and the superior court of Cook county shall have jurisdiction in all cases of divorce and alimony allowed by this act. [R. S. 1845, p. 196, § 2.

5. Venue. § 5. The proceedings shall be had in the county where the complainant resides, but process may be directed to any county in the State.

[R. S. 1845, p. 196, § 2; Way v. Way, 64 Ill. 406.

6. Process-practice. § 6. The process, practice and proceed. ings under this act shall be the same as in other cases in chancery, except as herein otherwise provided, and except that the answer of the defendant need not be on oath.

[R. S. 1845, P. 196, § 2; Hawes v. Hawes, 33 Ill. 286; Dinet v. Eigenmann, 80 Ill.

279.

7. Trial by jury. § 7. When the defendant appears and denies the charges in the complainant's bill for a divorce, either party [*421] shall have the right to have the cause tried by a jury.

[R. S 1845, P. 197, 5; Errisman v. Errisman, 25 I. 136; Embree v. Embree, 53 Ill. 396 Fahs v. Roberts, 54 Ill. 192; Von Glahn v. Von Glahn, 46 Ill. 136; Thatcher v. Thatcher, 17 Ill. 66.

8. Hearing on bill confessed - notice. § 8. If the bill is taken as confessed, the court shall proceed to hear the cause by examination of witnesses in open court, and in no case of default shall the court grant a divorce, unless the judge is satisfied that all proper means have been taken to notify the defendant of the pendency of the suit, and that the cause of divorce has been fully proven by reliable witnesses.

DIVORCE.

CHAP. 40.

Whenever the judge is satisfied that the interests of the defendant require it, the court may order such additional notice as equity may seem to require.

[R. S. 1845, P. 197, 85; Lawrence v. Lawrence, 73 Ill. 577; Shillinger v. Shillinger, 14 Ill. 147; Davis v. Davis, 30 Ill. 184; Hawes v. Hawes, 33 Ill. 286; Wheeler v. Wheeler, 18 Ill. 39; Henderson v. Henderson, 88 Ill. 250.

9. Confession of defendant. 9. No confession of the defendant shall be taken as evidence unless the court or jury shall be satisfied that such confession was made in sincerity and without fraud or collusion to enable the complainant to obtain a divorce.

[R. S. 1845, p. 197, § 5; Bergern v. Bergern, 22 Ill. 187.

10. Collusion—both parties guilty, etc. § 10. If it shall appear, to the satisfaction of the court, that the injury complained of was occasioned by collusion of the parties, or done with the assent of the complainant for the purpose of obtaining a divorce, or that the complainant was consenting thereto, or that both parties have been guilty of adultery, when adultery is the ground of complaint, then no divorce shall be decreed.

[R. S. 1845, p. 197, 84; Davis v. Davis, 19 Ill.

334.

11. Proof of foreign marriage. § 11. A marriage which may have been celebrated or had in any foreign State or country, may be proved by the acknowledgment of the parties, their cohabitation, and other circumstantial testimony.

[R. S. 1845, p. 197, 85; Harman v. Harman, 16 Ill. 90.

12. Restraint of wife. 12. The court may prohibit the husband from interposing any restraint on the personal liberty of the wife during the pendency of the suit.

13. Custody of children pending suit. § 13. The court may, on the application of either party, make such order concerning the custody and care of the minor children of the parties during the pendency of the suit as may be deemed expedient, and for the benefit of the children.

14. Wife may sue as a poor person. § 14. Any woman suing for a divorce, who shall make it appear satisfactorily to the court that she is poor, and unable to pay the expenses of such suit, shall be allowed by the court to prosecute her complaint without costs; and in such cases no fees shall be charged by the officers of the court. [See "Costs," ch. 33, 5, 6. R. S. 1845, p. 197, § 7.

15. Alimony pending suit. § 15. In all cases of divorce the court may require the husband to pay to the wife, or pay into court for her use during the pendency of the suit, such sum or sums of money as may enable her to maintain or defend the suit; and in every suit for a divorce, the wife, when it is just and equitable, shall be entitled to alimony during the pendency of the suit. And in case of appeal or writ

of error by the husband, the court in which the decree or order is rendered, may grant and enforce the payment of such money for her defense, and such equitable alimony during the pendency of the appeal or writ of error, as to such court shall seem reasonable and proper.

[Blake v. People, 80 Ill. 13; Chestnut v. Chestnut, 77 Ill. 346; Newman v. New

man, 69 Ill. 167; Blake v. Blake, 80 111. 523; Armstrong v. Armstrong, 35 Ill. 109; McCullough v. Murphy, 45 Ill. 256; Goodwille v. Millimann, 56 Ill. 523; Wightman v. Wightman, 45 Ill. 167; Petrie v. People, 40 Ill. 335; Brinkley v. Brinkley, 47 N. Y. 40; Andrews v. Andrews, 69 Ill. 609 Ressor v. Ressor, 82 Ill. 442; Dinet v. Eigenmann, 80 ll. 274

16. Name. § 16. The court, upon granting to a woman a divorce from the bonds of matrimony, may allow her to resume her maiden name or the name of any former husband. [L. 1859, p. 128, § 4.

17. Property. 17. Whenever a divorce is granted, if it shall appear to the court that either party holds the title to property equitably belonging to the other, the court may compel conveyance thereof to be made to the party entitled to the same, upon such terms as it shall deem equitable.

[Stewartson v. Stewartson, 15 Ill. 145; Wheeler v. Wheeler, 18 Ill. 40; Bergen v. Bergen, 22 Ill. 189; Jolliff v. Jolliff, 32 Ill. 527; Armstrong v. Armstrong, 35 IIÏ. 113; Keating v. Keating, 48 Ill. 242; Von Glahn v. Von Glahn, 46 Ill. 143; Reavis v. Reavis, 1 Scam. 247; Foote v. Foote, 22 Ill. 428; Blue v. Blue, 38 Ill. 9.

18. Alimony-custody and support of children. $18. When a divorce shall be decreed, the court may make such order touching the alimony and maintenance of the wife, the care, custody and support of the children, or any of them, as, from the circumstances of the parties and the nature of the case, shall be fit, reasonable and just; and in case the wife be complainant, to order the defend[*422] ant to give reasonable security for such alimony and maintenance, or may enforce the payment of such alimony and maintenance in any other manner consistent with the rules and practice of the court. And the court may, on application, from time to time, make such alterations in the allowance of alimony and maintenance, and the care, custody and support of the children, as shall appear reasonable and proper.

[R. S. 1845, P. 197, § 6; Wilkinson v. Deming, 80 Ill. 342; Dinet v Eigenmann, 80 III. 276; Deenis v. Deenis, 79 Ill. 74; Becker v. Becker, 79 Ill. 532; Hewitt v. Long, 16 Ill. 399; Blake v. People, 80 Ill. 13; O'Callaghan v. O'Callaghan, 69 Ill. 552; Ross Ross, 78 III. 402; Draper v. Draper, 68 Ill. 17; Newman v. Newman, 69 ill. 167; Blake v. Blake, 80 Ill. 523; Harrer v. Wallne, 80 Ill. 197; Burge v. Burge, 88 Ill. 164; Miner v. Miner, 11 Ill. 43; Cowls v. Cowls, 3 Gilm. 435; Plaster v. Plaster, 47 Ill. 91; Plaster v. Plaster, 53 Ill. 445; Von Glahn v. Von Glahn, 46 Ill. 144.

19. Alimony in case of bigamy. § 19. When a divorce is granted to a woman who shall, in good faith, have intermarried with a man having at the time of such marriage another wife or wives living, the court may, nevertheless, allow the complainant alimony and maintenance, the same as in other cases of divorce; but no such allowance shall be made as will be inconsistent with the rights of such other wife or wives, which shall first be ascertained by the court before the granting of such alimony or maintenance. [L. 1869, p. 164, §§ 1, 2.

20. Lien of decree - sales. 20. Whenever, in any case of divorce, a decree for alimony or maintenance is made a lien on any real estate to secure the payment of any money to become due by installments, and a sale of such real estate shall become necessary to satisfy any of such installments, the property shall be sold subject to the lien of the installments not then due, unless the court shall at the time direct otherwise, and subsequent sales may, from time to time, be made to

enforce such lien as the installments may become due, until all install. ments are paid.

[L. 1859, P. 48, § 1; Streeter v. Streeter, 43 Ill. 157; Foote v. Foote, 22 Ill. 425; Wren v. Moss, 1 Gilm. 560; Wren v. Moss, 2 Gilm. 72; Musgrave v. Musgrave, 54 Ill. 186. AN ACT to punish the offense of advertising for divorces. [Approved April 12, 1877. In force July 1, 1877. Laws 1877, P. 95.]

*21. To punish advertising for divorces. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whoever advertises, prints, publishes, distributes or circulates, or causes to be advertised, printed, published, distributed, or circulated, any circular, pamphlet, card, hand-bill, advertisement, printed paper, book, newspaper, or notice of any kind, with intent to procure, or to aid in procuring any divorce either in this State or elsewhere, shall be fined not less than one hundred dollars ($100), nor more than one thousand dollars ($1,000), for each offense, or imprisoned in the county jail not less than three months, nor more than one year, or both, in the discretion of the court. This act shall not apply to the printing or publishing of any notice or advertisement required or authorized by any statute of the State of Illinois.

AN ACT to revise the law in relation to dower. [Approved March 4, 1874. In force July 1, 1874.]

1. Curtesy abolished — husband and wife endowed – equitable estates, etc. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the estate of curtesy is hereby abolished, and the surviving husband or wife shall be endowed of the third part of all the lands whereof the deceased husband or wife was seized of an estate of inheritance, at any time during the marriage, unless the same shall have been relinquished in legal form. Equitable estates shall be subject to such dower, and all real estate of every description contracted for by the deceased husband or wife, in his or her life-time, the title of which may be completed after his or her decease.

[R. S. 1845, P. 198, §1; Gale v. Kinzie, 80 Ill. 132; Welch v. Dutton, 79 Ill. 465; Morse v. Thorsell, 78 Ill. 600; Scammon v. Campbell, 75 Ill. 223; Nicoll v. Todd, 70 Ill. 295; Greenbaum v. Austrian, 70 Ill. 591; Sutherland v. Sutherland, 69 Ill. 481, Taylor v. Kearn, 68 Ill. 339; Steele v. La Frambois, 68 Ill. 456; Stookey v. Stookey, 89 Ill. 40: Simpson v. Leech, 86 III. 286; Sturgis v. Ewing, 18 Ill. 176; Stow v. Steel, 45 Ill. 328; Strawn v. Strawn, 46 Ill. 412; Strawn v. Strawn. 50 Ill. 34, 256; Sisk v. Smith, 1 Gilm. 503; Wooley v. Magie, 26 Ill. 526; Whiting v. Nicholl, 46 Ill. 230; Nicoll v. Ogden, ní. Porter v. Ewing, 24 Ill. 618; Walsh v. Reis, Ill. 477; McHenry V. Yokum, 27' Ill. 160; Todemeier v. Aspenwall, 43 Ill. 401; Peyton V Jeffries, 50 Ill. 143; Owen v. Peacock, 38 Ill. 35; Spurck v. Crook, 19 Ill. 415; Swift v. Castle, 23 Ill. 209; Martin v. Hagardine, 46 III. 322; Lindley v. Smith, 58 Ill. 250; Lom bard v. Kinzie, 73 Ill. 446; Knapp v. Gass, 63 Ill. 492; Gauch v. St Louis M. L. Ins. Co., 88 Il. 254; Rose v. Sanderson, 38 Ill. 247; Steele v. Magie, 48 Ill. 396; Davenport v. Farrar, 1 Scam 314; Owen v. Robbins, 19 Ill. 545; Atkin v. Merrill, 39 Ill. 62; Bailey v. West, 41 III. 290; Nicoll v. Miller, 37 Ill. 388; Stribling v. Ross, 16 Ill. 124; Peyton v. Jeffries, 50 Ill. 143; Humphrey v. Clement, 44 Ill. 299; Bonner v. Peterson, 44 Ill. 254; Atkins v. Hinman, 2 Gilm. 437; Steele v. Gellatly, 41 Ill. 39; Moulton v. Hurd, 20 Ill. 137; Russell v. Rumsey, 35 Ill. 363; Eyster v. Hathaway, 50 Ill. 522; Ex parte McElwain, 29 Ill. 442; Lenfers v. Henke, 73 Ill. 405; Carter v. Stookey, 89 III. 279.

2. Aliens. 2. The surviving husband or wife of an alien shall be entitled to dower the same as if such alien had been a native-born citizen of the United States. [R. S. 1845, p. 198, § 2.

3. Mortgaged lands. $ 3. Where a person seized of an estate of inheritance in land shall have executed a mortgage of such estate before marriage, the surviving husband or wife of such person shall, nevertheless, be entitled to dower out of the lands mortgaged, as against every person, except the mortgagee and those claiming under him. 1845, p. 108, § 3.

[R. S.

4. No dower as against purchase-money. § 4. Where a husband or wife shall purchase lands during coverture, and shall mortgage such lands to secure the payment of the purchase-money thereof, the surviving wife or husband shall not be entitled to dower in [*424] such lands, as against the mortgagee or those claiming under