108 LAWS OF MARYLAND [CH. 36

as is had in other cases in chancery; and in all cases where, from
the default of the defendant, a bill for divorce or annulment may
be taken pro confesso, the court shall order testimony to be taken
and shall decide the case upon the testimony so taken].

26. 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 insane 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
complaint, 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 recovery, and provided
further, that no such suit shall be maintained unless one of the
parties is an actual resident of this State, and shall have resided
therein for at least two years immediately prior to the institution
of the proceedings. [The bill of complaint shall be filed under oath
in the court having jurisdiction over divorce matters in the county
or city, as the case may be, where either party resides.

Service of process under this section shall be made as in other
suits in equity and in addition to the writ of subpoena a copy of
the bill of complaint shall also be served on said defendant, and on
his or her committee, if one has been appointed by any court of
this State, and if none has been so appointed, then a copy of said
writ and of said bill shall be served on the institution having the
custody of said defendant.

If said defendant shall be a nonresident of this State, then he or
she may be proceeded against as such by publication process, as
in other suits in equity against nonresidents.

Upon the return of process duly served, or upon proof of due
publication, as the case may be, the court shall require the com-
mittee to appear and answer for said defendant, if one has been
so appointed, and if not, the court shall appoint a guardian ad litem
to appear and answer for said defendant.

Before such committee or guardian ad litem shall answer said
complaint, the court shall appoint counsel of its own independent
selection to appear for and represent said defendant, committee,
or guardian ad litem. ] In cases arising under this section, the court
shall possess all powers which courts of equity now have, or which
may hereafter be conferred upon them, relative to alimony and to
the custody, control and support of infant children of the parties.
Where the plaintiff is the husband, the court may, when necessity
and circumstances warrant, require the plaintiff to pay alimony
support or maintenance for the benefit of said defendant, or it may
require the plaintiff to pay a sum of money as a whole, based on
the expectancy of life of said defendant and the plaintiff's financial
condition, together with reasonable expense for the burial of said
defendant, or it may require the plaintiff to give bond to the State
of Maryland conditioned upon the payment by the plaintiff for the
care and maintenance of said defendant during the remainder of
her natural life, and necessary funeral expenses. The court may
modify or revoke any orders or decrees relating to the custody of