112 LAWS OF MARYLAND. [CH. 91

making application for a divorce where the causes of divorce
occurred outside the State shall be one year preceding such
application.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That Sections 40 and 43 of Article 16 of the Annotated
Code of Maryland (1939 Edition), title '"Chancery", sub-title
"Divorce", be and they are hereby repealed and re-enacted,
with amendments, to read as follows:

40. Upon a 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, render a marriage null and void ab initio;
thirdly, for adultery; fourthly, when the court shall be satis-
fied by competent testimony that the party complained against
has abandoned the party complaining, and that such abandon-
ment has continued uninterruptedly for at least eighteen
months, and is deliberate and final, and the separation
of the parties beyond any reasonable expectation of recon-
ciliation; fifthly, when the husband and wife shall have
voluntarily lived separate and apart, without any cohabitation,
for five consecutive years prior to the filing of the bill of com-
plaint, and such separation is beyond any reasonable expec-
tation of reconciliation.

43. No person shall be entitled to make application for a
divorce, where the causes for divorce occurred out of this
State, unless the party plaintiff or defendant shall have resided
within this State for one year next preceding such application.

SEC. 2. And be it further enacted, That this Act shall take
effect June 1, 1941.

Approved May 26, 1941.

CHAPTER 91.
(House Bill 13)

AN ACT to repeal Section 40 of Article 10 of the Annotated
Code of Maryland (1939 Edition), title "Attorneys at Law
and Attorneys in Fact", said section relating to the entry
of judgment to the use of the surety.

WHEREAS, Section 40 of Article 10 of the Code is the same
as Section 8 of Article 8 of the Code; therefore