HERBERT R. O'CONOR, GOVERNOR. 805
CHAPTER 496.
(Senate Bill 250)

AN ACT to repeal and re-enact with amendments Section
85 of Article 17 of the Annotated Code of Maryland
(1939 Edition), title "Clerks of Courts", sub-title "Clerks
and Registers Retirement Board", including the Clerk
of the Court of Appeals, the Clerks of Courts and
Registers of Wills in the general retirement system
created in this sub-title.

(Vetoed. )

CHAPTER 497.

(Senate Bill 252)

AN ACT to add a new section to Article 16 of the Anno-
tated Code of Maryland (1939 Edition), title "Chancery",
sub-title "Divorce", said new section to be known as Sec-
tion 41A and to follow immediately after Section 41 of
said Article, providing for the granting of divorces in
cases where one spouse is permanently and incurably
insane, prescribing the procedure and extending the
jurisdiction of Courts of Equity to the custody of chil-
dren and matters of alimony, maintenance and support
in such cases.

SECTION 1. Be it enacted by the General Assembly of
Maryland, That a new section be and it is hereby added
to Article 16 of the Annotated Code of Maryland (1939
Edition), title "Chancery", sub-title "Divorce", said new
section to be known as Section 41A, to follow immediately
after Section 41 of said Article and to read as follows:

41 A. A divorce a vinculo matrimonii may be granted
when either husband or wife has become permanently and
incurably insane, provided that no divorce shall be granted
under this section unless such permanently incurable in-
sane person shall have been confined in an insane asylum,
hospital or other similar institution for a period of not
less than three years prior to the filing of the Bill of Com-
plaint, nor unless the Court shall find from the testimony
of two or more physicians competent in psychiatry that
such insanity is permanently incurable with, no hope of re-
covery, and provided further, that no such suit shall be