GUARDIAN AND WARD.

Ch. 34, Sec. 6. The father and mother are the natural guardians of their minor children, and are equally entitled to their custody and to care for their education, being themselves competent to transact their own business and not otherwise unsuitable. If either dies or is disqualified for acting, the guardianship devolves upon the other.

Sec. 7. If the minor have no father or mother living competent to have the custody and care of the education of such minor, the guardian so appointed shall have the custody and tuition of his ward.

Sec. 3. If the minor is under the age of fourteen years the court of probate may appoint his guardian, and if he is above the age of fourteen years he may nominate his own guardian, who, if approved by the court, shall be appointed accordingly.

*Sec. 4. If such nomination is not approved by the court, or if the minor neglects to nominate a suitable person, the court appoints the guardian the same as if minor was under fourteen years of age.

*Secs. 8 and 9. Provides that the guardian shall have the management of the estate of the minor; if a boy, until he is twenty-one years of age; if a girl, until she is eighteen years of age, or until such guardian is discharged by law, and that such guardian shall give bond, with surety, to the probate judge in such sum as the court orders.

*Sec. II. Provides that "the surviving parent may by last will in writing appoint a guardian" for any of the children, and every such guardian shall have the same powers and perform the same duties for the person and estate of the ward as if appointed by the court.

*Secs. 14, 15 and 16. Provides for the care and guardianship of an insane person.

Sec. 17. When any person by excessive drinking, or by gaming, idleness, or debauchery of any kind, shall so spend, waste, or lessen his estate as to expose himself or family to danger of want or suffering, or the county to charge or expense for the support of himself or family, any officer having charge of the poor of the county, or justice of the peace

of the county of which such spendthrift is an inhabitant, or in which he resides, may present a complaint to the court of probate, setting forth the facts and circumstances in the case, and praying to have a guardian appointed for him.

*Sec. 18. The court shall notify the spendthrift of a time and place of hearing the case (ten days before the hearing), and if the complaint is substantiated the court appoints the guardian.

*Sec. 19. And if a guardian be appointed on such application all contracts, except for necessaries at reasonable prices, and all gifts, sales and transfers of property made by such spendthrift after the filing of a copy of such complaint, and before the termination of the office of the guardian, shall be void.

Sec. 40. The word "spendthrift" in all its provisions relating to guardians and wards contained in this or any other statute is intended to include every person who is liable to be put under guardianship on account of excessive drinking, gaming, idleness, or debauchery.

DIVORCE AND ALIMONY.

*Ch. 25, Sec. I. Marriages which are declared void by section 3 of chapter 52, entitled "marriage," are void without any decree of divorce.

*Sec. 2. Marriage is voidable when solemnized when either of the parties are under the age of legal consent, or in case the consent of one of the parties was obtained by force or fraud.

Sec. 7. A divorce from the bonds of matrimony, or from bed and board, may be decreed for the cause of extreme cruelty, whether practiced by using personal violence, or by any other means; or for utter desertion of either party for the term of two years; and a like divorce may be decreed, on complaint of the wife, when the husband, being of sufficient ability to provide suitable maintenance for her, shall grossly or wantonly, and cruelly refuse or neglect so to do.

Sec. 8. No divorce shall be granted unless the complain

ant shall have resided in this state for six months immediately preceding the time of filing the complaint, or unless the marriage was solemnized in this state, and the applicant shall have resided therein from the time of the marriage to the time of filing the complaint.

Sec. 9. No divorce shall be decreed in any case when it shall appear that the petition or bill therefor was founded in or exhibited by collusion between the parties, nor where the party complaining shall be guilty of the same crime or misconduct charged against the respondent.

*Sec. 10. A petition, or bill of divorce, alimony and maintenance may be exhibited by a wife in her own name, as well as a husband; and in all cases the respondent may answer such petition or bill without oath; either party may be a witness as in other civil cases.

*Sec. 12. In every suit brought either for divorce or a separation, the court may require the husband to pay any sum necessary to enable the wife to carry on the suit during its pendency.

*Sec. 13. After the exhibition of the petition in a suit to annul a marriage, or for a divorce, whether from the bonds of matrimony or a separation, the court may, at any time during term or vacation, on the petition of the wife, prohibit the husband from imposing any restraint upon her personal liberty during the pendency of the suit.

Sec. 14. The court may in like manner, on the application of either party, make such order concerning the care and custody of the minor children of the parties, and their suitable maintenance, during the pendency of the suit, as shall be deemed proper and necessary, and for the benefit of the children.

*Sec. 15. If the marriage is annulled, or any divorce granted, the court may make any further decree it deems just and proper concerning the minor children, and may determine with which of the parents the children, or any of them shall remain.

*Sec. 17. Whenever a marriage is annulled or any divorce is decreed from bonds of matrimony or a legal separation, or when the husband is sentenced to imprisonment for life, the wife shall be entitled to the immediate possession of all her real estate in like manner as if her husband were dead.

*Sec. 18. The court may also make decree for restoring to the wife the whole, or such part as may seem just, of the personal estate that shall have come to the husband through marriage, or award to her the value thereof to be paid by the husband in money.

*Sec. 21. Whenever such award is made according to the above provisions, the court may require the husband to disclose, on oath, what personal estate has come to him by reason of the marriage, how it has been disposed of, and what remains in his possession.

*Sec. 22. Upon every divorce from the bonds of matrimony for any cause except adultery, committed by the wife, and also every divorce for a legal separation from any cause, if the estate restored to the wife is insufficient for the maintenance of herself and children of the marriage under her care, the court may decree to her of the personal estate of the husband, and such alimony from his estate as it shall deem just and reasonable.

Sec. 23. When the marriage shall be dissolved by the husband being sentenced to imprisonment for life, and when a divorce shall be decreed for the cause of adultery committed by the husband, or misconduct or drunkenness of the husband, or on account of his being sentenced to imprisonment for a term of three years or more, the wife shall be entitled to her dower in his lands in the same manner as if he were dead; but she shall not be entitled to dower in any other case of divorce.

Sec. 24. When a divorce shall be decreed for the cause of adultery committed by the wife, the husband may hold such of her personal estate as the court shall deem just and reasonable under all the circumstances in the case, and the same shall be determined and decreed by the court at the time of the granting of such divorce.

Sec. 31. Upon the dissolution by decree or sentence of nullity of any marriage that is prohibited on account of consanguinity between the parties, or of any marriage between a white person and a negro, the issue of the marriage shall be deemed to be illegitimate.

Sec. 34. A petition to annul a marriage on the ground of insanity or idiocy may be exhibited by any person admitted by the court to prosecute as the next friend to such idiot or lunatic.

*Sec. 42. If any married woman, at the time of exhibiting a bill against her husband (for a legal separation for a limited time or forever, or where decree is revoked on account of reconciliation), shall reside in this state, she shall be deemed an inhabitant thereof, although her husband may reside elsewhere.

CUSTODY OF CHILDREN IN CERTAIN CASES.

*Sec. 43. That when from any cause a husband and wife shall separate and the wife shall claim possession of any child or children, the fruit of such marriage, not exceeding twelve years of age, the wife shall apply to the probate judge of the county where they resided at the time of the separation, or in which the wife may reside at the time of said application for the custody of the children. The judge shall give the husband notice of such application, and the time set for hearing the cause, which shall not be less than three days from the service of the notice. The notice may be served by leaving a copy at the usual place of residence of the husband.

*Sec. 44. If it shall appear that the mother is able to provide for the child or children, and should be awarded the custody of the same, the probate judge shall order that it or they shall remain in her custody until otherwise ordered by the court; Provided, That such order shall never be made when it shall appear by the proof that the wife is the offending party.

TO PREVENT THE MARRIAGE OF DIVORCED PERSONS DURING THE TIME ALLOWED FOR PROCEED

INGS TO REVERSE THE DECREE.

Sec. 45. It shall be unlawful for any person who shall obtain a decree of divorce, to marry again during the time allowed by law for commencing proceedings in error or by appeal for the reversal of such decree, and in case such proceeding shall be instituted it shall be unlawful for the defendant in error or appellee to marry again during the pendency of such proceedings, and a violation of this act shall subject the party violating it to all the penalties of other cases of bigamy.