ELIHU E. JACKSON, ESQUIRE, GOVERNOR.

marriage; secondly, for any cause which, by the
laws of this state, render a marriage null and
void ab initio ; thirdly, for adultery; fourthly,

769

when the court shall be satisfied by competent
testimony that the party complained against has
abandoned the party complaining, and that such
abandonment has continued uninterruptedly for
at least three years, and is deliberate and final,and
the separation of the parties beyond any reason-
able expectation of reconciliation; fifthly, when
the woman, 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 connec-
tion shall be proved to the satisfaction of the
court.
98. In all suits in chancery against non-resi-
dents, or against persons who may be proceeded

May decree a
divorce.

against as if they were non-residents, the court
may order notice to be given by publication in
one or more newspapers stating the substance
and object of the bill or petition, and warning
such party to appear on or before the day fixed
in such order and show cause why the relief
prayed should not be granted ; and such notice
shall be published, as the court may direct, not
less, however, than once a week for four suc-
cessive weeks, fifteen days before the day fixed
by such order for the appearance of the party.
102. Upon any plea or demurrer being over-

May publish
notice.

ruled, upon argument or otherwise, or being
withdrawn without leave of the court, the party
whose demurrer or plea is so overruled or with-
drawn shall pay to the opposite party the sum of
ten dollars and the costs thereof, and be in con-
tempt until the said sum of money and costs are
fully paid, unless the court shall otherwise spe-
cially order.

Withdrawal
of plea, etc.

SEC. 2. And be it enacted, That a new section
be added to said article sixteen, relating to the
power of the judges of the court of appeals to
modify and rescind the chancery rules framed
by them, to read as follows :
SEC..... The incorporation in this article of the

Additional
section.

rules prescribed by the court of appeals shall
not deprive the said court of the power to re-
49

May rescind.