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Session Laws, 1949
Volume 590, Page 917   View pdf image (33K)
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WM. PRESTON LAKE, JR., GOVERNOR. 917

85 of said Article, sub-title "Infants", relating to decrees
for the custody or guardianship of children in divorce cases
and in equity cases generally.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That Section 41 of Article 16 of the Annotated Code
of Maryland (1939 Edition), title "Chancery", sub-title
"Divorce", and Section 85 of said Article, sub-title "Infants",
be and they are hereby repealed and re-enacted, with amend-
ments, to read as follows:

41. Divorces a mensa et thoro may be decreed for the fol-
lowing causes, to wit: First, cruelty of treatment; secondly,
excessively vicious conduct; thirdly, abandonment and deser-
tion; and the court may decree such divorces forever, or for
a limited time; and in all cases where divorce a mensa et thoro
is decreed, it may be revoked at any time thereafter by the
court granting the same, upon the joint application of the
parties to be discharged from the operation of the decree;
and the court may decree a divorce a mensa et thoro in cases
where a divorce a vinculo matrimonii is prayed, if the causes
proved 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 married, 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 reasonable; and shall also
have power in all cases in which the care and custody of the
children of parties forms part of the relief prayed whether
a divorce is decreed or denied to order and direct who shall
have the guardianship and custody of the children pendente
lite or permanently, and be charged with their support and
maintenance and may at any time thereafter annul, vary or
modify such order in relation to the children.

85. The several equity courts of this State shall have orig-
inal jurisdiction in all cases relating to the custody or
guardianship of children and may on bill or petition filed by
the father or mother or relative or next of kin or next friend
of any child or children direct who shall have the custody
or guardianship of such child or children, and who shall be
charged with his, her or their support and maintenance,
pendente lite or permanently, and may from time to time
thereafter annul, vary or modify its decree or order in rela-
tion to such child or children, provided that nothing herein
contained shall be construed to take away or impair the

 

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Session Laws, 1949
Volume 590, Page 917   View pdf image (33K)
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