76 CHANCERY. [ART. 16.

court where the complainant resides; and upon such bill the
same process by summons, notice or otherwise, shall be had to
procure the answer and appearance of a defendant, as is had in
other cases in chancery; and in all cases where from the default
of the defendant a bill in chancery may be taken pro confesso,
the court, on a bill for divorce, shall order a commission to take
testimony to issue ex parte, and shall decide the case upon the
proof taken under such commission.

25. Upon the hearing of any bill for a divorce, the court may
decree a divorce a vinculo matrimonii, for the following causes,
to wit: first, the impotence of either party at the time of the
marriage; secondly, for any cause which by the laws of this
State renders a marriage null and void ab initio; thirdly, for
adultery; fourthly, when the court shall be satisfied by com-
petent testimony that the party complained against has aban-
doned the party complaining, and that such abandonment has
continued uninterruptedly for at least three years, and is delibe-
rate and final, and the separation of the parties beyond any rea-
sonable expectation of reconciliation; fifthly, when the female-
before marriage has been guilty of illicit carnal intercourse with
another man, the same being unknown to the husband at the
time of the marriage, and when such carnal connection shall be
proved to the satisfaction of the court.

26. Divorces a mensa et thoro may be decreed for the follow-
ing causes, to wit: first, cruelty of treatment; secondly, excess-
ively vicious conduct, abandonment and desertion; and the court
may decree a divorce a mensa et thoro in cases where a divorce
a vinculo matrimonii is prayed, if the causes proven be sufficient
to entitle the party to the same; and in all cases where a divorce
is decreed, the court passing the same shall have full power to
award to the wife such property or estate as she had when mar-
ried, or the value of the same, or of such part thereof as may
have been sold or converted by the husband, having regard to
the circumstances of the husband at the time of the divorce, or
such part of any such property as the court may deem reason-
able; and also have power to order and direct who shall have
the guardianship and custody of the children, and be charged
with their support and maintenance.

27. No person shall be entitled to make application for a
divorce where the causes for divorce occurred out of this State,