Chapter 48. DOMESTIC RELATIONS.

§1. Age of Consent.—For marriage the age of consent of the male shall be eighteen years, and of the female sixteen years.(Code 1849, c. 109, §3; Code 1860, c. 109, §3; Code 1868, c. 64, §2; 1897, c. 34, §2; Code 1923, c. 64, §2.)

§2. What Relatives a Man May Not Marry; Validation of Certain Marriages.—No man shall marry his mother, grandmother, stepmother, sister, daughter, granddaughter, half sister, aunt, son’s wife, wife’s daughter, or her granddaughter or stepdaughter, brother’s daughter, sister’s daughter, first cousin, double cousin, or wife of his brother’s or sister’s son. If any man has heretofore married his brother’s widow, uncle’s widow, first cousin or double cousin, such marriage is hereby declared to be legal and valid and exempt from penalties prescribed by former laws.(Code 1849, c. 108, §10; Code 1860, c. 108, §9; Code 1868, c. 63, §9; 1872-3, c. 161, §9; 1917, c. 19, §9; Code 1923, c. 63, §9.)

§3. What Relatives a Woman May Not Marry.—No woman shall marry her father, grandfather, stepfather, brother, son, grandson, half brother, uncle, daughter’s husband, husband’s son, or his grandson or stepson, brother’s son, sister’s son, first cousin, double cousin, or husband of her brother’s or sister’s daughter.(Code 1849, c. 108, §11; Code 1860, c. 108. §10; Code 1868, c. 63, §10; 1872, c. 89, §1; 1872-3, c. 161, §10; 1917, c. 19, §10; Code 1923, c. 63, §10.)

§4. Prohibition Continued Notwithstanding Dissolution of Marriage Creating Relationship.—In the cases mentioned in the two preceding sections, in which the relationship is founded on a marriage, the prohibition shall continue in force, notwithstanding the dissolution of such marriage by death or divorce, unless the divorce be for a cause which made the marriage, originally, unlawful or void.(Code 1849, c. 108, §12; Code 1860, c. 108, §11; Code 1868, c. 63, §11; 1872-3, c. 161, §11; Code 1923, c. 63, §11.)

§5. Necessity of License.—Every marriage in this State shall be under a license and solemnized as provided in this article.(Code 1849, c. 108, §7; Code 1860, c. 108, §7; Code 1868, c. 63, §6; 1872-3, c. 161, §6; Code 1923, c. 63, §6.)

§6. By Whom License Issued.—Every license for a marriage shall be issued by the clerk of the county court of the county in which the female to be married usually resides.(Code 1849, c. 108, §1; Code 1860, c. 108, §1; Code 1868, c. 63, §1; 1872-3, c. 161, §1; Code 1923, c. 63, §1.)

§7. Facts Required to be Ascertained by Clerk.—It shall be the duty of every clerk of every county court issuing a marriage license to ascertain from the party obtaining the same, and to make a record thereof, before delivering such license, as near as may be, the full names of both parties, their respective ages and their places of birth and residence.(Code 1860, c. 108, §14; 1861, c. 20, §1; Code 1868, c. 63, §14; 1872-3, c. 161, §14; Code 1923, c. 63, §14.)

§8. Consent of Parents, Parent or Guardian.—If any person intending to marry be under twenty-one years of age, and has not been previously married, the consent of the parents of such person, or of the parent living, or, if the parents be living separate and apart, of the one to whom was awarded the custody of such person, or, if there be a guardian entitled to the custody of such person, then of such guardian, shall be given either personally to the clerk of the county court or in writing subscribed by a witness, who shall make oath before the clerk of said court that said writing was signed or acknowledged in his presence by such parents, parent or guardian, as the case may be.(Code 1849, c. 108, §3; Code 1860, c. 108, §3; Code 1868, c. 63, §2; 1872-3, c. 161, §2; Code 1923, c. 63, §2.)

§9. Form of Marriage License.—The marriage license shall be in form substantially as follows:

Marriage License.

State of West, County of..........................., to-wit:

To any person licensed to celebrate marriages:

You are hereby authorized to join together in the holy state of matrimony, according to the rites and ceremonies of your church or religious denomination and the laws of the State of West Virginia, .................................................................. and ..........................................................................

Given under my hand, as clerk of the county court of the county of..................................., this ........... day of..............................., 19...

……………………………………………………

Clerk as aforesaid.(Code 1860, c. 108, §14; 1861, c. 20, §1; 1866, c. 115, §1; Code 1868, c. 63, §14; 1872-3, c. 161, §14; Code 1923, c. 63, §14.)

§10. Endorsement and Return of License by Person Solemnizing Marriage.—Every person solemnizing a marriage shall take up the license authorizing such marriage, and on or before the fifth day of each month shall forward to the county clerk issuing such license all such licenses in his possession, with an endorsement thereon of the fact of such marriage and the time and place of celebrating the same.(Code 1849, c. 108, §8; Code 1860, c. 108, §14; 1861, c. 20, §1; 1866, c. 115, §1; Code 1868, c. 63, §14; 1872-3, c. 161, §14; 1921, c. 137, §21; Code 1923, c. 63, §14; c. 150, §28o.)

§11. Register of Marriages.—The county court of each county shall furnish to the clerk of such county court a suitable book to be used as a register of marriages, which such clerk shall keep in his office among his records, and in which he shall promptly enter a complete record of all matters which he is required by this article to ascertain relative to the right of any person to obtain a marriage license, of each marriage license issued by him, and of the minister’s endorsement certifying that such marriage was solemnized. Such register of marriages shall be properly indexed by the clerk in the names of both parties to the marriage.(Code 1849, c. 108, §§2, 8; Code 1860, c. 108, §§2, 13, 14, 15; 1861, c. 20, §§1, 2; Code 1868, c. 63, §§1, 13, 14, 15; 1872-3, c. 161, §§1, 13, 14, 15; Code 1923, c. 63, §§1, 14.)

§12. Persons Authorized to Celebrate Marriages.—When any minister of the Gospel shall, before the circuit or county court of any county in this State, or the clerk of any county court therein when neither of such courts shall be in session, produce proof that he is duly licensed as such, and of his being in regular communion with the religious society of which he is a member, and give bond in the penalty of fifteen hundred dollars, such court or clerk may make an order authorizing him to celebrate the rites of marriage in all the counties of the State. And no person, other than a minister who has complied with this section, shall hereafter celebrate the rites of marriage in this State, anything in any act of the legislature or order of any court to the contrary, notwithstanding.(Code 1849, c. 108, §4; Code 1860, c. 108, §4; 1868, c. 38, §4; Code 1868, c. 63, §3; 1872-3, c. 161, §3; 1877, c. 104, §3; 1882, c. 108, §3; Code 1923, c. 63, §3.)

§13. Fee for Marriage.—Any person authorized to celebrate the rites of marriage shall be paid by the husband a fee of at least one dollar in each case.(Code 1849, c. 108, §9; Code 1860, c. 108, §8; Code 1868, c. 63, §7; 1872-3, c. 161, §7; Code 1923, c. 63, §7.)

§14. Record of Marriage Out of State.—If at the time of celebrating any marriage out of this State, either or both of the parties thereto be a resident or residents of this State, a certificate or statement thereof, verified by the affidavit of any person present at such celebration, or a transcript of the marriage record, certified by the custodian of such records, from the state where the marriage was celebrated, may be returned to the clerk of the county court of the county in which the husband resides, if he be such resident, and otherwise of the county in which the wife resides, and an abstract thereof shall be recorded by such clerk in the register of marriages and indexed in the name of both parties.(Code 1860, c. 108, §16; Code 1868, c. 63, §16; 1872-3, c. 161, §16; Code 1923, c. 63, §16.)

§15. Validity of Marriage Not Affected by Certain Irregularities.—No marriage solemnized by any person professing to be authorized to solemnize the same shall be deemed or adjudged to be void, nor shall the validity thereof be in any way affected, on account of any want of authority in such person, if the marriage be in all other respects lawful, and be consummated with a full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage; nor shall any marriage celebrated within this State, between the seventeenth day of April, eighteen hundred and sixty-one, and the first day of January, eighteen hundred and sixty-six, be void by reason of the same having been so solemnized without a license.(Code 1849, c. 108, §7; Code 1860, c. 108, §7; 1866, c. 24, §1; Code 1868, c. 63. §6; 1872-3, c. 161, §6; Code 1923, c. 63, §6.)

§16. Marriage of Colored Persons.—All marriages heretofore celebrated between colored persons under license issued by any recorder or clerk of a county court in this State, and all marriages between such persons, whether under such license or not, if the same were consummated in good faith on the part of the persons so married, and such persons were living together as husband and wife on the twenty-eighth day of February, eighteen hundred and sixty-six, shall be deemed valid. Where colored persons prior to the twenty-eighth day of February, eighteen hundred and sixty-six, had undertaken and agreed to occupy the relation to each other of husband and wife, and were cohabiting as such at the time, whether the rites of marriage shall have been solemnized between them or not. shall be deemed husband and wife, and be entitled to the rights and privileges, and subject to the duties and obligations of that relation, in like manner as if they had been duly married by law; and all their children shall be deemed legitimate, whether born before or after the said twenty eighth day of February, eighteen hundred and sixty-six; and where the parties have ceased to cohabit before the said date, in consequence of the death of the woman, or from any other cause, all the children of the woman recognized by the man to be his, shall be deemed legitimate.(1866, c. 102, §1; Code 1868, c. 63, §8; 1872-3, c. 161, §8; 1882, c. 58, §8; Code 1923, c. 63, §8.)

§17. Marriage Out of State to Evade Law.—If any person resident in this State shall, in order to evade the law, and with an intention of returning to reside in this State, go into another state or country, and there intermarry in violation of the provisions of section one, article two of this chapter, and shall afterwards return and reside here, cohabiting as man and wife, such marriage shall be governed by the same law, in all respects, as if it had been solemnized in this State.(Code 1849, c. 109, §2; Code 1860, c. 109, §2; Code 1868, c. 64, §3; Code 1923, c. 64, §3.)

§18. Penalties for Consanguineous Marriage.—If any person marry in violation of the second or third sections of this article, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding five hundred dollars, or confined in jail not more than six months, or both, at the discretion of the court. And if any persons, resident in this State, and within the degrees of relationship mentioned in said second and third sections, shall go out of this State for the purpose of being married, with the intention of returning, and be married out of it, and afterwards return to and reside in it, cohabiting as man and wife, they shall be as guilty and be punished as if the marriage had been in this State. The fact of their cohabitation here as man and wife shall be evidence of their marriage.(Code 1849, c. 196, §3; Code 1860, c. 196, §3; Code 1868, c. 149, §3; 1871, c. 11; 1872, c. 89, §1; 1882, c. 123, §3; Code 1923, c. 149, §3.)

§19. Miscegenation; Penalties.—Any white person who shall intermarry with a negro shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding one hundred dollars, and confined in jail not more than one year. Any person who shall knowingly perform the ceremony of marriage between a white person and a negro shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding two hundred dollars.(Code 1849, c. 196, §§8, 9; Code 1860, c. 196, §§8, 9; Code 1868, c. 149, §§8, 9; 1882, c. 123, §§8, 9; Code 1923, c. 149, §§8, 9.)

§20. Issuing Marriage License Contrary to Law; Penalties.—If any clerk of the county court shall knowingly issue a marriage license contrary to law, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding five hundred dollars, or confined in jail not more than one year, or both, at the discretion of the court.(Code 1849, c. 196, §4; Code 1860, c. 196, §4; Code 1868, c. 149, §4; 1872-3, c. 76, §1; 1875, c. 46, §1; 1882, c. 123, §4; Code 1923, c. 149, §4.)

§21. Performing Marriage Ceremony Without License or Authority; Penalties.—If any person knowingly perform the ceremony of marriage without lawful license, of officiate in celebrating the rites of marriage without being authorized by law to do so, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding five hundred dollars, or confined in jail not more than one year, or both, at the discretion of the court.(Code 1849, c. 196, §5; Code 1860, c. 196, §5; Code 1868, c. 149, §5; 1882, c. 123, §5; Code 1923, c. 149, §5.)

§22. Forfeiture of Minister’s Bond.—If any minister who shall have given bond in order to become authorized to celebrate marriages in this State shall fail to comply with the provisions of the tenth section of this article, the condition of such bond shall be deemed to be thereby broken, and he shall also be subject to the penalties prescribed by law for such failure.(Code 1860, c. 108, §17; Code 1868, c. 63, §17; 1872-3, c. 161, §17; Code 1923, c. 63, §17.)

§1. For What and When Marriages Void.—All marriages between a white person and a negro; all marriages which are prohibited by law on account of either of the parties having a former wife or husband then living; all marriages which are prohibited by law on account of consanguinity or affinity between the parties; all marriages solemnized when either of the parties was an insane person, feeble-minded person, idiot, imbecile, or an epileptic, or was afflicted with a disease making it unlawful for him or her to marry, or was incapable, because of natural or incurable impotency of body, of entering into the marriage state, or was under the age of consent; all marriages solemnized when either of the parties, prior to the marriage, without the knowledge of the other, had been convicted of an infamous offense, or when, at the time of marriage, the wife, without the knowledge of the husband, was with child by some person other than the husband, or prior to such marriage had been, without the knowledge of the husband, notoriously a prostitute, or when, prior to such marriage, the husband, without the knowledge of the wife, had been notoriously a licentious person; shall be void from the time they are so declared by a decree, of nullity.(Code 1849, c. 109, §§1, 6; Code 1860, c. 109, §§1, 6; 1867, c. 17, §6; Code 1868, c. 64, §§1, 5; Code 1923, c. 64, §§1, 5.)

§2. Affirmation or Annulment of Marriage.—When a marriage is supposed to be void, or any doubt exists as to its validity, for any of the causes mentioned in section one of this article, or for any other cause recognized in law, either party may, except as provided in the next succeeding section, institute a suit for annulling or affirming the same, and, upon hearing the proofs and allegations of the parties, the court shall render a decree annulling or affirming the marriage, according to the right of the case. In every such case, and in every other case where the validity of a marriage is called in question, it shall be presumed that the marriage is valid, unless the contrary be clearly proven, and, if the marriage be decreed to be valid, it shall be conclusive upon all persons concerned.(Code 1849, c. 109, §§4, 5; Code 1860, c. 109, §§4, 5; Code 1868, c. 64, §4; Code 1923, c. 64, §4.)

§3. What Persons May Not Institute Annulment Suit.—A suit for annulling a marriage may not be instituted:

(a) Where the cause is the natural or incurable impotency of body of either of the parties to enter the marriage state, by the party who had knowledge of such incapacity at the time of marriage; or

(b) Where the cause is fraud, force or coercion, by the party who was guilty of such fraud, force or coercion, nor by the injured party if, after knowledge of the facts, he or she has by acts or conduct confirmed such marriage; or

(c) Where the cause is affliction with a disease making it unlawful to marry, existing at the time of marriage, by the party who was so afflicted if such party has subsequent to the marriage become cured of such disease, nor by the person who was not so afflicted if he or she after the curing of the afflicted person has by acts or conduct confirmed the marriage; or

(d) Where the cause is the nonage of either of the parties, by the party who was capable of consenting, nor by the party not so capable if he or she has by acts or conduct confirmed the marriage after arriving at the age of consent; or

(e) Where the cause is lack of consent on the part of either of the parties, by the party consenting or bringing about the marriage; or

(f) Where the cause is that either of the parties has been convicted of an infamous offense prior to marriage, by the other party if, after knowledge of such fact, he or she has cohabited with the party so convicted; or

(g) Where the cause is that the wife was at the time of marriage with child by some person other than the husband, or that prior to the marriage the wife had been notoriously a prostitute, by the husband if, after knowledge of the fact, he has cohabited with the wife; or

(h) Where the cause is that the husband was prior to the marriage notoriously a licentious person, by the wife if, after knowledge of the fact, she has cohabited with the husband.(Code 1860, c. 109, §6; 1867, c. 17, §6; Code 1868, c. 64, §5; Code 1923, c. 64, §5.)

§4. Grounds for Divorce From the Bond of Matrimony.—A divorce from the bond of matrimony may be decreed:

(a) For adultery; or

(b) When either of the parties subsequent to the marriage has, in or out of this State, been sentenced to imprisonment for the commission of a crime which under the laws of this State is a felony, and such sentence has become final, if the suit for divorce be commenced while such party is actually imprisoned under such sentence, or before the parties have again cohabited; and no pardon granted to the party so sentenced, if suit for divorce shall have been commenced before the granting of such pardon, shall restore such party to his or her conjugal rights; or

(c) When either party willfully abandons or deserts the other for three years, to the party abandoned.(Code 1849, c. 109, §6; Code 1860, c. 109, §6; 1867, c. 17, §6; Code 1868, c. 64, §5; Code 1923, c. 64, §5.)

§5. Grounds for Divorce From Bed and Board.—A divorce from bed and board may be decreed for any of the causes for which a divorce from the bond of matrimony may be decreed; or

For cruel or inhuman treatment, or reasonable apprehension of bodily hurt, and a charge of prostitution made by the husband against the wife falsely shall be deemed cruel treatment, within the meaning of this paragraph; or

For abandonment or desertion; or

For habitual drunkenness of either party subsequent to the marriage; or

For the addiction of either party subsequent to the marriage to the habitual use of opium, morphine, cocaine, or other like drug.(Code 1849, c. 109, §7; Code 1860, c. 109, §7; Code 1868, c. 64, §6; 1882, c. 60, §6; Code 1923, c. 64, §6.)

§6. Circuit Court to Have Jurisdiction.—The circuit court, on the chancery side thereof, shall have jurisdiction of suits for annulling or affirming marriage, or for divorces.(Code 1849, c. 109, §8; Code 1860, c. 109, §8; Code 1868, c. 64, §7; 1882, c. 60, §7; 1915, c. 73, §7; Code 1923, c. 64, §7.)

§7. Right to Sue to Annul or Affirm a Marriage.—No suit to annul or affirm a marriage shall be maintainable unless at the commence ment of the suit one of the parties is a bona fide resident of this State, except that in the case of a suit to annul a marriage that was performed in this State it shall not be necessary, if a matrimonial domicile has not been established elsewhere, that one of the parties be such a resident.(Code 1849, c. 109, §8; Code 1860, c. 109, §8; Code 1868, c. 64, §7; 1882, c. 60, §7; 1915, c. 73, §7; Code 1923, c. 64, §7.)

§8. Right to Sue for Divorce.—No suit for divorce shall be maintainable:

(a) If the cause for divorce is adultery, whether the cause of action arose in or out of this State, unless one of the parties, at the commencement of suit, is a bona fide resident of this State; or

(b) If the cause for divorce is other than adultery, unless one of the parties was, at the time the cause of action arose, a bona fide resident of this State and has been such a resident for at least one year next preceding the commencement of suit; or

(c) If the cause for divorce is other than adultery, unless one of the parties has, since the cause of action arose, become an actual bona fide resident of this State and has continued so to be for at least two years next preceding the commencement of suit, and, in addition, it be shown either that the alleged cause for divorce was recognized, in the jurisdiction in which such party resided at the time the cause of action arose, as a ground for absolute divorce or for the same relief asked for in the suit in this State, or that the alleged cause of action arose more than five years before the commencement of suit: Provided, however, That in any case in which the defendant cannot be personally served with process within this State, such suit shall not be maintainable unless the plaintiff at the time the cause of action arose was an actual bona fide resident of this State and has been such a resident for at least one year next preceding the commencement of suit, or that since the cause of action arose has become such a resident and has continued so to be for at least two years next preceding the commencement of suit.(Code 1849, c. 109, §8; Code 1860, c. 109, §8; Code 1868, c. 64, §7; 1882, c. 60, §7; 1915, c. 73, §7; Code 1923, c. 64, §7.)

§9. Venue of Annulment or Divorce Suits.—The suit for annulling or affirming a marriage, or for divorce, shall, if the defendant be a resident of this State, be brought in the county in which the parties last cohabited, or, at the option of the plaintiff, in the county in which the defendant resides; but if the defendant be not a resident of this State, the suit shall be brought in the county in which the plaintiff resides. In the case of a suit to annul a marriage performed in this State, where neither party is a resident of the State, the suit shall be brought in the county where the marriage was performed.(Code 1849, c. 109, §8; Code 1860, c. 109, §8; Code 1868, c. 64, §7; 1882, c. 60, §7; 1915, c. 73, §7; Code 1923, c. 64, §7.)

§10. Order of Publication; Service Out of State.—A decree may be entered in the case upon an order of publication or upon personal service outside the State with the effect of publication, as in other cases in chancery.(Code 1868, c. 64, §7; 1882, c. 60, §7; 1915, c. 73, §7; Code 1923, c. 64, §7.)

§11. Procedure; Verification of Pleadings; Necessary Proof; Costs.—Such suit shall be instituted and conducted as other chancery suits, except as provided in this article. Process shall not issue until the bill of complaint shall have been filed, which may be done at any time, notwithstanding rules or a term of court are not then being held. All pleadings shall be verified by the party in whose name they are filed; but the bill shall not be taken for confessed, and whether the defendant answers or not, the case shall be tried and heard independently of the admissions of either party in the pleadings or otherwise; and no decree shall be granted on the uncorroborated testimony of the parties or either of them. Costs may be awarded to either party as equity and justice require, and in all cases the court, in its discretion, may require payment of costs at any time, and may suspend or withhold any order or decree until the costs are paid.(Code 1849, c. 109, §9; Code 1860, c. 109, §9; Code 1868, c. 64, §8; 1915, c. 73, §8; Code 1923, c. 64, §8.)

§12. Particeps Criminis May Become a Party.—Any one charged as a particeps criminis shall be made a party to a divorce suit, upon his or her application to the court, subject to such terms and conditions as the court may prescribe.

§13. Maintenance of Wife and Children Pendente Lite; Suit Money; Control of Property.—The court in term, or the judge in vacation, may, at any time after commencement of the suit and reasonable notice to the man, make any order that may be proper to compel the man to pay any sum necessary for the maintenance of the woman, and to enable her to carry on or defend the suit in the trial court and on appeal should one be taken, or to prevent him from imposing any restraint on her personal liberty, or to provide for the custody and maintenance of the minor children of the parties, during the pendency of the suit, or to preserve the estate of the man, so that it be forthcoming to meet any decree which may be made in the suit, or to compel him to give security to abide such decree, or to compel the man to deliver to the woman any of her separate estate which may be in his possession or control, or to prevent him from interfering with her separate estate.(Code 1849, c. 109, §10; Code 1860, c. 109, §10; Code 1868, c. 64, §9; 1882, c. 60, §9; Code 1923, c. 64, §9.)

§14. When Divorce Not to be Granted.—No divorce for adultery shall be granted on the uncorroborated testimony of a prostitute, or a particeps criminis, or when it appears that the parties voluntarily cohabited after the knowledge of the adultery, or that it occurred more than three years before the institution of the suit; nor shall a divorce be granted for any cause when it appears that the suit has been brought by collusion, or that the offense charged has been condoned, or was committed by the procurement or connivance of the plaintiff, or that the plaintiff has, within three years before the institution of suit, been guilty of adultery not condoned.(Code 1849, c. 109, §11; Code 1860, c. 109, §11; Code 1868, c. 64, §10; 1915, c. 73, §10; Code 1923, c. 64, §10.)

§15. Alimony; Custody and Maintenance of Children.—Upon decreeing a divorce, whether from the bond of matrimony or from bed and board, the court may make such further decree as it shall deem expedient, concerning the maintenance of the parties, or either of them; and upon decreeing the annulment of a marriage, or a divorce, whether from the bond of matrimony or from bed and board, the court may make such further decree as it shall deem expedient, concerning the care, custody, education and maintenance of the minor children, and may determine with which of the parents the children, or any of them, may remain; and the court may, from time to time afterward, on the petition of either of the parties, revise or alter such decree concerning the maintenance of the parties, or either of them, and make a new decree concerning the same, as the altered circumstances or needs of the parties may render necessary to meet the ends of justice; and the court may also from time to time afterward, on the petition of either of the parties, revise or alter such decree concerning the care, custody, education and maintenance of the children, and make a new decree concerning the same, as the circumstances of the parents and the benefit of the children may require. In any case where the divorce or the annulment is denied, if the parties are living separate and apart from each other, the court shall retain jurisdiction of the case for the purpose of determining with which of the parents the children or any of them may remain, and of making such order or decree concerning the care, custody, education and maintenance of the minor children, or any of them, as to the court may seem proper and the benefit of the child or children may require; and such order or decree may, from time to time afterward, on petition of either of the parties, be revised or altered, and a new order or decree made, as the circumstances of the parties or the needs of the children may require. For the purpose of making effectual any order or decree provided for in this section the court may make any order or decree concerning the estate of the parties, or either of them, as it shall deem expedient.(Code 1849, c. 109, §12; Code 1860, c. 109, §12; Code 1868, c. 64, §11; 1882, c. 60, §11; Code 1923, c. 64, §11)

§16. Period and Effect of Divorce From Bed and Board.—A decree of divorce from bed and board shall operate upon the rights and legal capacities of the parties as a decree for a divorce from the bond of matrimony, except that neither party shall marry again during the life of the other.(Code 1849, c. 109, §13; Code 1860, c. 109, §13; Code 1868, c. 64, §12; Code 1923, c. 64, §12.)

§17. Decree of Annulment Bars Dower.—When any marriage shall be annulled all rights of either husband or wife to dower shall be thereby barred.

§18. Divorce Bars Dower; Compensation to Innocent Party.—When any divorce from the bond of matrimony or from bed and board shall be granted, all rights of either husband or wife to dower shall be thereby barred; but the court when granting any divorce shall, in every proper case, compel the guilty party to compensate the innocent party for any inchoate right of dower, in any then existing property, that may be barred by the divorce; and to secure the payment of such compensation the court may make such compensation a lien upon the real estate of the party liable therefor.

§19. Court May Restore to Either Party His or Her Property.—Upon decreeing the annulment of a marriage, or upon decreeing a divorce, whether from the bond of matrimony or from bed and board, the court shall have power to award to either of the parties whatever of his or her property, real or personal, may be in the possession, or under the control, or in the name, of the other, and to compel a transfer or conveyance thereof as in other cases of chancery.

§20. Revocation of Decree From Bed and Board; Merger of Such Decree Into Decree From Bond of Matrimony.—When a divorce from bed and board has been decreed, such decree may be revoked at any time afterwards by the same court by which it was pronounced, under such regulations and restrictions as the court may impose, upon the joint application of the parties, and upon their producing satisfactory evidence of their reconciliation. When a divorce from bed and board has been decreed for any cause other than abandonment or desertion, and two years shall have elapsed from the bringing of the suit wherein such decree is entered, without such reconciliation, and in any case when a divorce from bed and board has been decreed for abandonment or desertion and three years shall have elapsed from the time of such abandonment or desertion, without such reconciliation, the injured party shall be entitled to apply for a decree of divorce from the bond of matrimony. Application for such decree shall be made in the same suit wherein the divorce from bed and board was decreed, by petition in writing, duly verified, showing right thereto. No process on such petition shall be necessary, and the matter may be heard at any term of court if thirty days before the commencement of such term the petitioner caused notice to be served on the other parly and the divorce commissioner that such a petition would be filed and that a hearing of the matter would be asked at some certain term of court, to be designated in the notice; and if, also, at least twenty days before the commencement of the designated term the petition be filed in the clerk’s office, which may be done at any time though rules are not then being held. If at the hearing the court shall be satisfied from the evidence then produced, as well as from the evidence in the cause on which the divorce from bed and board was decreed, that the allegations of the petition are fully proved, and shall be of opinion that no reconciliation is probable, a divorce from the bond of matrimony shall be decreed.(Code 1849, c. 109, §15; Code 1860, c. 109, §15; 1861, c. 18, §15; Code 1868, c. 64, §13; 1895, c. 1, §13; Code 1923, c. 64, §13.)

§21. Former Name of Wife May be Restored.—The court upon granting a divorce from the bond of matrimony to a woman may, if there are no children of such marriage, allow her to resume her maiden name, or the name of a former deceased husband.

§22. Restrictions on Remarriage.—When a divorce from the bond of matrimony is decreed, neither party to the marriage so dissolved shall in any case again marry within six months from the date of the decree. The court may, where the divorce is decreed for a cause other than adultery, further prohibit the guilty party from marrying again within a certain time, not to exceed five years from the date of the decree; and where the divorce is decreed for adultery the guilty party shall not marry again within five years from the date of the decree. The foregoing provisions shall not be so construed as to prevent the divorced parties from being remarried to each other at any time. The periods within which both parties are prohibited from marrying again, whether prescribed by law or by the court, shall be stated in the decree; and any marriage contracted by any divorced party, except a remarriage to the person from whom divorced, within the prohibited period, shall be Void, and the party shall be criminally liable the same as if no divorce had been granted. Except where the divorce was granted for adultery, the court may at any time after the expiration of one year, modify or revoke that part of the decree that restrains the guilty party from marrying again, upon it being shown that such person, by reason of his or her life and conduct, since the date of the decree, is entitled to such relief.(Code 1849, c. 109, §14; Code 1860, c. 109, §14; 1867, c. 17, §2; 1915, c. 73, §14; Code 1923, c. 64, §14.)

§23. Hearings Before Court; Testimony and Depositions as in Law Actions.—If the process has been served on the defendant sixty days before the first day of the term of court, or if the defendant is a nonresident and has been proceeded against by an order of publication which has been fully completed at least thirty days before the first day of the term, the case shall be placed on the docket for trial and the same shall be tried before the court in chambers, and all witnesses shall appear and testify at the trial the same as witnesses in an action at law; and the law governing the taking and reading of depositions in an action at law shall apply to the depositions in the trial of divorce cases: Provided, That the court may, instead of proceeding with the case under this section, refer the same to a commissioner in chancery, or a special commissioner, as hereinafter provided.(1915, c. 73, §15; Code 1923, c. 64, §15.)

§24. Divorce Commissioner; Duties; Fees.—The circuit court of each county, or the judge thereof in vacation, may in his discretion, appoint a competent attorney in each county as a commissioner in chancery, to investigate divorce cases, who shall be designated as “divorce commissioner.’’ He shall be a man of good moral character, of standing in his profession, and a resident of the county for which he is appointed, and shall, before assuming the duties of such commissioner, take the oath required of other commissioners in chancery; such commissioner shall discharge his duties and hold his office at the pleasure of the court, and may be removed at any time by the court. It shall be the duty of the divorce commissioner to investigate all divorce suits; to appear at all trials and examine witnesses when necessary, and defend the interests of the State; to bring before the court, at the trial, all witnesses necessary to develop the true facts, and generally take all necessary steps to prevent fraud and collusion in divorce cases. For which services he shall be allowed the sum of not less than five dollars nor more than fifteen dollars, to be fixed by the court, which amount shall be taxed as a part of the costs of the case.(Code 1915, c. 73, §16; Code 1923, c. 64, §16.)

§25. Notice by Plaintiff of Demand for Trial.—The plaintiff shall, in every case, at least thirty days before the first day of the term at which it is expected to try the case before the court, give the divorce commissioner of the county notice in writing that a trial will be demanded. If the plaintiff has not in the bill stated the residence and post-office address of the defendant, he shall furnish it to the divorce commissioner at the time of giving such notice; but if the residence and post-office address of the defendant are unknown to the plaintiff, at the time of giving the notice, an affidavit of this fact, by the plaintiff, delivered to the divorce commissioner with the notice shall be sufficient.(1915, c. 73, §17; Code 1923, c. 64, §17.)

§26. Reference to Commissioner in Chancery; Taking of Depositions; Oral Testimony Before Court.—Instead of proceeding with the cause under the provisions of the twenty-third section of this article, the court may, in its discretion, refer it to one of the commissioners in chancery of such court, or to a special commissioner, who shall take and return the testimony in such cause, together with a report of all such facts as the commissioner may be able to obtain as to property rights of the parties, their income, their character, conduct, health, habits, their children, and their respective places of residence from the time of their marriage up to the time of such report, and any other matter deemed necessary by the court, and all such facts so reported shall be considered by the court in passing on the merits of the cause, whether the same be referred to in the pleadings or evidence, or not. If testimony is to be taken in a county other than that in which the cause is pending, the same shall be taken before one of the commissioners in chancery of the circuit court of the county in which the same is taken. If testimony is taken of witnesses residing out of the State of West Virginia, the same shall be taken before some person duly authorized to take depositions in divorce cases in the state where taken. If such depositions are taken out of the county in which the cause is pending, or without the State, the same shall be, by the person taking the same, filed with or forwarded to the clerk or the court wherein such cause is pending, and on receipt of such depositions such clerk shall lay the same before the commissioner to whom such cause has been referred, who shall consider the same in connection with his report hereinbefore mentioned. The person before whom depositions are taken hereunder shall be personally present at the time and place of taking depositions, and no deposition shall be taken or read in the cause unless it appears therefrom that such person was personally present during the taking of the same. It is hereby made the duty of the person before whom such depositions are taken, to see that all witnesses are so examined as to elicit all facts within their knowledge pertaining to the cause. If any person before whom any such depositions are taken certifies falsely as to his presence at the taking of such depositions, he shall be guilty of a misdemeanor, and on conviction thereof, shall be fined not less than fifty nor more than five hundred dollars. The court in which such cause is pending may so refer the same as often as in its judgment justice requires, and may, if if so elect, summon any one to appear before such court, and give evidence with reference thereto, and base its findings on such oral evidence solely. The commissioner shall be allowed for his services the same compensation as is allowed in other chancery causes, and all costs, including stenographer’s fees, shall be taxed as in other chancery causes.(1915, c. 73, §18; Code 1923, c. 64, §18.)

§27. Notice of Hearing by Commissioner.—The commissioner to whom any case is referred under the provisions of the previous section shall, before proceeding to execute the requirements of the decree of reference, give to the parties or their attorneys, and the divorce commissioner, at least ten days’ notice of the time and place when and where he will commence proceedings, but if any party is not represented by an attorney and personal service cannot be had on the party on account of absence from the State or nonresidence, then it shall be sufficient to publish the notice in a newspaper of general circulation in the county wherein the suit is pending for such length of time as the court may direct.(1921, c. 88, §20; Code 1923, c. 64, §18a.)

§28. Sealing by Clerk of Evidence.—When a final decree is entered in any suit for annulment of marriage or for divorce the clerk shall immediately seal in a package all the written testimony, exhibits to the testimony, the stenographic notes of the testimony, if any were taken, and all other evidence, and the same shall not be again opened unless by order of the court or the judge thereof in vacation.(1915, c. 73, §19; Code 1923, c. 64, §19.)

§29. Suit for Separate Maintenance.—Whenever a husband shall, without good and sufficient cause, have failed to provide suitable support for his wife, or have abandoned or deserted her, or if the wife, for such cause as would entitle her to a divorce from the bond of matrimony or from bed and board, is actually living apart from her husband, and such husband is in either case of sufficient ability to support his wife, the circuit court of any county that would have jurisdiction of a suit for divorce between the parties, shall, at the suit of the wife, in chancery, whether or not a divorce be prayed for, decree to the wife as alimony and separate maintenance such sum out of the husband’s earnings and income as the court may determine, considering the circumstances of the parties and their stations in life, and may prohibit the husband from imposing any restraint on her personal liberty, and may free her real and personal property from possession, control or any interest of the husband; and during the pendency of the suit the court, or judge thereof in vacation, shall have the same powers to make such orders as are provided for suits for divorce by section thirteen of this article. Any decree entered in the case shall be effective during such time as the court shall by its order direct, or until the further order of the court thereon, and, upon the petition of either party, the court may, from time to time afterward, revise or alter such decree, or make further decrees, concerning the maintenance of the wife and the interest of the husband in the property of the wife, and the care, custody, education and maintenance of the minor children of the parties, and may determine with which of their parents the children or any of them shall remain.

§30. Advertising of Any Offer to Obtain Divorces Prohibited.—Whosoever prints, publishes, distributes, or circulates, or causes to be printed, published, distributed, or circulated, any circular, pamphlet, card, handbill, advertisement, printed paper, book, newspaper, or notice of any kind, offering to procure, or aid in procuring, any divorce, or the severance, dissolution, or annulment of any marriage, or, by such publication as above mentioned, offers to engage, appear or act as attorney or counsel in any suit for alimony, divorce, or the severance, dissolution, or annulment of marriage, either in this State or elsewhere, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not less than one hundred nor more than three hundred dollars, and if the person so convicted be an attorney at law he shall, in addition to the above penalty, be disbarred from practicing as such attorney at law in the courts of this State. This section shall not apply to the printing or publishing of any notice or advertisement required or authorized by any law of this State or orders of any court.

§1. Ownership and Control of Property in Woman; Not Liable for Husband’s Debts.—All property, real and personal, now owned by a married woman, or hereafter owned by a woman at the time of her marriage, or acquired by her as prescribed in this article, and the rents, issues, proceeds and profits thereof, shall be and remain her property in all respects as if she were a single woman, and the same shall in no way be subject to the control or disposal of her husband, nor liable for his debts.(Code 1868, c. 66, §§1, 2; 1891, c. 109, §§1, 3; 1893, c. 3, §§1, 2, c. 43, §1; Code 1923, c. 66, §§1, 2.)

§2. May Acquire, Hold and Dispose of Property.—Any married woman may take by inheritance or by gift, grant, devise or bequest from any person, and hold, lease, sell, dispose, convey, agree to sell or convey, devise and bequeath, real and personal property, and any interest or estate therein, and the rents, issues, proceeds and profits thereof, in the same manner and with like effect as if she were a single woman; and the same shall not be subject to the control or disposal of her husband, nor liable for his debts; but any such disposition of real estate by a married woman shall not affect her husband’s right to dower therein.(Code 1868, c. 66, §3; 1891, c. 109, §2; 1893, c. 3, §3; 1895, c. 9, §3; Code 1923, c. 66, §3.)

§3. Effect of Conveyance or Contract to Convey of a Married Woman.—When a married woman signs and delivers any deed or other writing, selling or conveying her own real estate, the same shall operate to pass or convey from such married woman and her representatives all right, title and interest in such real estate that is purported to be sold or conveyed by such deed or other writing, as effectually as if she were a single woman, except that such deed or other writing shall not affect her husband’s dower, if he does not join therein. When a married woman signs and delivers a contract or writing agreeing to sell or convey her own real estate, the same shall operate to bind her to do that which she agrees to do by such contract or writing, and such contract or writing may be specifically enforced. A married woman shall be liable on any covenant contained in any such deed, writing or contract, the same as if she were a single woman.(Code 1849, c. 121, §7; Code 1860, c. 121, §7; Code 1868, c. 73, §6; 1875, c. 67, §6; 1882, c. 149, §6; 1891, c. 23, §6; 1919, c. 65, §6; Code 1923, c. 73, §6.)

§4. How Dower and Other Rights in Real Estate of Other Spouse Barred or Relinquished.—When a husband or wife joins with his or her spouse in a deed or other writing purporting to convey any real estate of such spouse, such deed or other writing, when delivered, shall operate to pass or convey from such husband or wife his or her right of dower and any other interest that he or she may have in the real estate of his or her spouse that is purported to be conveyed by such deed or other writing. When a husband or wife joins with his or her spouse in a contract or other writing agreeing to sell or convey any real estate of his or her spouse, such joining shall operate, when such contract or other writing is delivered, to bind such husband or wife to join in whatever conveyance is agreed to be made by such contract or other writing, and he or she shall be compellable to do so.(Code 1849, c. 121, §7; Code 1860, c. 121, §7; Code 1868, c. 73, §6; 1875, c. 67, §6; 1882, c. 149, §6; 1891, c. 23, §6; 1919, c. 65, §6; Code 1923, c. 73, §6.)

§5. Same, by Separate Act of Husband or Wife.—When one spouse has, without the other’s joining in the deed or other writing, conveyed his or her interest in real estate in which the other is entitled to a contingent right of dower or other interest, the spouse not so joining may thereafter, but not before, release or relinquish his or her contingent right of dower or other interest in the same by his or her separate deed, or bind himself or herself to do so by separate contract. When one spouse has, without the other’s joining in the contract or other writing, agreed to sell or convey any real estate in which such other is entitled to a contingent right of dower or other interest, such other spouse may thereafter, but not before, agree to release or relinquish his or her contingent right of dower or other interest in the same by separate contract.

§6. May Execute Power of Attorney.—A married woman may, by power of attorney duly executed, without her husband joining therein, appoint an attorney in fact for her, and in her name to execute any deed or other writing which she might execute in person; and any deed or other writing so executed by such attorney in fact, in pursuance of such power of attorney, and while the same remains in force, shall be as valid and effectual, in all respects, to convey the title and interest of such married woman, in the real estate thereby conveyed, and to bar her right of dower therein, as if she had in person executed the same.(Code 1868, c. 73, §12; 1875, c. 67, §12; 1895, c. 9, §3; Code 1923, c. 66, §3.)

§7. Conveyances Between Husband and Wife.—Subject to the provisions of section nine of this article, any conveyance or transfer a of property, or any interest therein, executed by either husband or wife to or in favor of the other, directly or indirectly, shall be valid to the same extent as between other persons; but if any such conveyance or transfer shall be directly attacked, by the person making such conveyance or transfer, or his or her heir, devisee or creditor, the party in whose favor it was made shall have the burden of showing that such conveyance or transfer was in all respects lawful and valid.

§8. Right to Contract; Liability for Contracts and Debts.—A married person may make contracts with any person, including his wife or her husband, and shall be liable on such contracts, and for his or her debts contracted during coverture, the same as if unmarried, and such liability may be enforced after the coverture has terminated as well as during its continuance; but any contract made between husband and wife shall be subject to the provisions of section nine of this article.(1891, c. 109, §12; 1893, c. 3, §12; Code 1923, c. 66, §12.)

§9. Contracts Between Husband and Wife Not Enforcible at Law Unless in Writing.—A contract between a husband and wife shall not be enforcible at law, unless such contract, or some memorandum or note thereof, be in writing and signed by the party to be charged thereby.

§10. Presumption of Gift in Certain Transactions Between Husband and Wife.—Where one spouse purchases real or personal property and pays for the same, but takes title in the name of the other spouse, such transaction shall, in the absence of evidence of a contrarv intention, be presumed to be a gift by the spouse so purchasing to the spouse in whose name the title is taken.

§11. Trust for Married Woman May be Extinguished.—Where any person is holding, or who may hereafter hold, as trustee for any married woman, any real or personal property, under any deed of conveyance or otherwise, such married woman shall have the right and be entitled, by the same means and to the same extent as if she were unmarried, to have the trust terminated or extinguished, and to require such trustee to convey to such married woman, by deed or otherwise, all or any portion of such property, or the rents, issues, proceeds or profits thereof, for her own use and benefit.(Code 1868, c. 66, §4; 1891, c. 109, §4; 1893, c. 3, §4; Code 1923, c. 66, §4.)

§12. Provisions of Law Relating to Trusts Available to Married Woman.—A married woman shall, with respect to any property, real or personal, that may be held in trust for her, be entitled to the benefit of all provisions of law that are available to any other person for whom property is held in trust.

§13. What Restraints or Restrictions May be Placed on Property of Married Woman.—Any property to which a married woman is entitled, either at law or in equity, may not be subjected to any restraints upon alienation or other restrictions that may not lawfully be placed upon the property of persons not married.

§14. Liability of Husband for Wife’s Antenuptial Debts.—Marriage shall not render the husband or his property liable for any contract or debt of the wife made or incurred before marriage; but she shall remain liable for such contract or debt and the same may be enforced against her and her property as if she were a single woman.(Code 1868, c. 66, §10; 1891, c. 109, §10; 1893, c. 3, §10; Code 1923, c. 66, §10.)

§15. Liability of Husband or Wife Upon Conveyance or Transfer of Property from One to Other.—If any property real or personal has been heretofore, or shall hereafter be, conveyed or transferred by either husband or wife to the other, before or after marriage, by reason of any antenuptial contract or otherwise, the grantee or transferee shall be liable for the obligations, whether based on contract or tort, of the grantor or transferor of such property created before such conveyance or transfer, to the extent of the value of the property so conveyed or transferred.(Code 1868, c. 66, §11; 1891, c. 109, §11; 1893, c. 3, §11; Code 1923, c. 66, §11.)

§16. Earnings and Property Purchased Therewith.—The earnings of a married woman, and any and all property, real and personal, purchased by her with the proceeds of such earnings, shall in all cases be her own property, and shall not be subject to the control or disposal of her husband, nor liable for his debts.(Code 1868, c. 66, §13; 1891, c. 109, §14; 1893, c. 3, §12; Code 1923, c. 66, §12.)

§17. May Engage in Business.—A married woman, separately or with any other person or persons, may carry on any profession, trade, occupation or business; and the professional equipment, stock, property, tools and appliances used in such profession, trade, occupation or business, and the issues and profits thereof, together with her own earnings realized from such profession, trade, occupation or business, shall be her own property, and shall not be subject to the control or disposal of her husband, nor liable for his debts.(Code 1868, c. 66, §13; 1891, c. 109, §13; 1893, c. 3, §14; Code 1923, c. 66, §14.)

§18. May be a Member of a Partnership.—A married woman may enter into partnership with any person or persons, including her husband. When a married woman becomes a partner she and her property shall be liable for the partnership debts and obligations to the same extent and in the same manner as if she were a single woman.

§19. Actions and Suits by a Married Woman; Joinder of Husband.—A married woman may sue or be sued alone in any court of law or chancery in this State that may have jurisdiction of the subject matter, the same in all cases as if she were a single woman, and her husband shall not be joined with her in any case unless, for reasons other than the marital relation, it is proper or necessary, because of his interest or liability, to make him a party. In no case need a married woman, because of being such, prosecute or defend by guardian or next friend.(Code 1868, c. 66, §12; 1891, c. 109, §§15, 16; 1893, c. 3, §§13, 15; Code 1923, c. 66, §§13, 15.)

§20. Liable for Torts; When Husband Also Liable.—A married woman shall be liable for her wrongful or tortious acts, whether committed before or after marriage, and whether under the coercion or instigation of her husband or not. Her husband shall not be liable for such acts unless they were done as his agent or by his actual coercion or instigation; and such coercion or instigation shall not be presumed, but must be proved.

§21. Lien and Enforcement of Judgment Against Married Women.—Any judgment recovered against a married woman shall be a lien upon her real estate, and such judgment shall be enforcible against her and her property, real and personal, to the same extent and in the same manner as if she were a single woman.(1891, c. 109, §16; 1893, c. 3, §15; Code 1923, c. 66, §15.)

§22. Liability of Husband and Wife for Purchases and Services.—All purchases hereafter made, or services contracted for, by either husband or wife in his or her own name, shall be presumed, in the absence of notice to the contrary, to be on his or her private account and liability; but both are liable for the reasonable and necessary services of a physician rendered to the husband or wife while residing together as husband and wife, or for such services rendered to their minor child while residing in the family of its parents, and for the rental of any tenement or premises actually occupied by such husband and wife as a residence and reasonably necessary to them for such purpose; and both are also liable when any article purchased by either goes to the support of the family, or for the joint benefit of both, or for the reasonable apparel of the wife and their minor child residing in the family, or for the reasonable support of such wife and child while abandoned by the husband; and both are also liable for the reasonable services of any domestic, laborer or other person from which the family or both husband and wife benefit. It is the duty of the husband to support his family, and his property when found shall be first applied to satisfy any such joint liability, and the wife, for any property of her own that is taken, or for any money that she is compelled to pay, for the satisfaction of any such claim, shall be subrogated to the rights of the creditor whose claim is thus satisfied.

§23. Insurance for Benefit of Married Woman.—Any married woman may, in her own name, or in the name of any third person, with his assent, as her trustee, cause to be insured for her sole use the life of her husband, for any definite period or for the term of his natural life; and any person, whether her husband or not, effecting any insurance on his own life, or on the life of another, may cause the same to be made payable to, or assign the policy to, a married woman, or to any person in trust for her or her benefit; and every such policy, when expressed to be for the benefit of, or assigned or made payable to, any married woman or any such trustee, shall be the property of such married woman, and shall inure to her own use and benefit, and in case of her surviving the period or term of such policy the amount of insurance shall be payable to her or her trustee for her own use and benefit, free from the control, disposition or claims of her husband, and of the person effecting or assigning such insurance, and from the claims of their respective representatives and creditors: Provided, however, That if the annual premium on any such policy shall exceed, the sum of three hundred dollars and is paid by any person with intent to defraud his creditors, an amount equal to the premium so paid in excess of such sum, with interest thereon, shall inure to the benefit of such creditors, subject, however, to the statute of limitations: Provided further, That the company issuing the policy shall be discharged of all liability thereon by payment of its proceeds in accordance with its terms, unless before such payment the company shall have written notice, by or in behalf of a creditor, of a claim to recover for premiums paid with intent to defraud creditors, with specifications of the amount claimed. The amount of any such insurance may be made payable, in case of the death of such married woman before the period at which it becomes due, to her children, or her husband’s children, or to their guardian if under age, for their use, as shall be provided in the policy.(1866, c. 77, §§1, 2; Code 1868, c. 66, §§5, 6; 1891, c. 109, §§5, 6; 1893, c. 3, §§5, 6; Code 1923, c. 66, §§5, 6; 1929, c. 26.)

§24. Husband Not Relieved of Liability to Support Wife; Contract to Alter Marriage Not Authorized.—Nothing in this article contained shall be construed to relieve the husband of his liability to support his wife and family, nor to authorize a husband and wife to contract to alter or dissolve the marriage.

§1. Who May Adopt; Petition to Circuit Court; Consent of Parents.—It shall be lawful for any person not married, or any husband with his wife’s consent, or any wife with her husband’s consent, or any husband and wife jointly, to petition the circuit court of the county wherein he, she or they may reside, or judge of such court in vacation, for permission to adopt any minor child, and also to petition for a change of name of such child: Provided, That if such child be of the age of fourteen years, or over, the written consent of such child to such adoption, acknowledged as a deed is required to be acknowledged, must be obtained and presented with the petition, and also the written consent, so acknowledged, of the parent or parents, if living; or, if both parents should be dead or unknown, or insane, or shall have abandoned the child sought to be adopted, or have been deprived of the custody of the person of such child by law, then, and in such case, the written consent, acknowledged as aforesaid, of the legal guardian of such child or those having at the time the legal custody of the child shall be obtained and so presented. And if there be no legal guardian nor any person having the legal custody of the child, then such consent must be obtained from some discreet and suitable person appointed by the court or judge thereof to act as the next friend of such child in the adoption proceedings.(1882, c. 132, §2; Code 1923, c. 122, §2; 1925, c. 74, §2.)

§2. Contents of Petition; Age of Petitioners.—Such petition shall set forth the name, age and place of residence of the petitioner or petitioners, and of the child, and the name by which the child shall be known; whether such child be possessed of any property, and the full description of the same, if any; whether such child has either father or mother, or both, living, and if he, she or they are alive, then the name or names, and place of residence of such father or mother, or, if such be the fact, that the same are unknown to the petitioner or petitioners. The persons petitioning as aforesaid shall be at least fifteen years older than the child sought to be adopted, and the petition shall be duly verified according to law.(1882, c. 132, §3; Code 1923, c. 122, §3.)

§3. Proceedings on Petition; Appointment of Next Friend; Contents of Decree.—Upon the presentation of such petition to the court, or judge thereof in vacation, the same shall be ordered filed with the clerk of such court, and the court or judge thereof shall appoint a day for the hearing of such petition and the examination under oath of the parties in interest. And the court or judge thereof may adjourn the hearing of such petition or the examination of the parties in interest from time to time, as the nature of the case may require; and if it shall be necessary, under the provisions of this article, that a discreet and suitable person shall be appointed to act as the next friend of the child sought to be adopted, then and in that case the court or judge thereof shall order a notice of the petition and of the time and the place when and where the appointment of next friend will be made, to be published in some newspaper of general circulation in the county where such court is located, once a week for two consecutive weeks; and at the time and place so named, and upon due proof of the publication of such notice, the court or judge thereof shall make such appointment, and shall there upon assign a day for the hearing of such petition and the examination of the parties interested. Upon the day so appointed the court or judge thereof shall proceed to a full hearing of the petition and examination of the parties in interest, under oath; and if the court or judge thereof shall be of the opinion from the testimony that the facts stated in the petition are true, and if upon examination the court or judge thereof is satisfied that the petitioner is, or that the petitioners are, of good moral character, and of respectable standing in the community, and of ability properly to maintain and educate the child sought to be adopted, and that the best interests of the child would be promoted by such adoption, then and in such a case, the court or judge thereof shall make a decree reciting at length the facts proved and the name by which the child shall thereafter be known, and declaring and adjudging that from the date of such decree, the rights, duties, privileges and relations, theretofore existing between the child and his or her parent or parents, shall be in all respects at an end, excepting the right of inheritance, and that the rights, duties, privileges and relations, between the child and his or her parent or parents by adoption, shall thenceforth in all respects be the same, including the right of inheritance, as if the child had been born to such adopted parent or parents in lawful wedlock, except only as otherwise provided in this article.(1882, c. 132, §4; Code 1923, c. 122, §4; 1925, c. 74, §4.)

§4. Recording of Decree; Fees of Clerk.—The decree shall be recorded in a book kept for that purpose, and the clerk shall receive the same fees as in other cases in the circuit court.(1882, c. 132, §4; Code 1923, c. 122, §4; 1925, c. 74, §4.)

§5. Effect of Decree as to Relations of Parent and Child and Rights of Inheritance.—Upon the entry of such decree of adoption, the parents of the child, if living, shall be divested of all legal rights and obligations in respect to the child, and the child shall be free from all legal obligations of obedience or otherwise to the parents, and the adopting parent or parents of the child, shall be invested with every legal right in respect to obedience and maintenance on the part of the child, as if such child had been born to them in lawful wedlock; and the child shall be invested with every legal right, privilege, obligation and relation in respect to education, maintenance, and the right of inheritance in the estate of such adopting parent or parents as if born to him or them in lawful wedlock; except that such child shall not be capable of taking property expressly limited to the heirs of the body of the adopting parent or parents, nor property coming from the lineal or collateral kindred of such adopting parent or parents by right of representation: Provided, That on the death of the adopting parent or parents and the subsequent death of the child so adopted without issue, the property of such adopting deceased parent or parents shall descend to or be distributed among the next of kin of such parent or parents, and not the next of kin of the child adopted: Provided further, That if such adopting parent or parents shall have another child or children, theirs by birth, then, and in that case, the adopted child shall share the inheritance with the child or children born to the adopting parent or parents, and in such case also, such adopted child and such child or children by birth shall respectively inherit from and through each other the property and estate of the adopting parent or parents, as if all had been children of such parent or parents born in lawful wedlock.(1882, c. 132, §4; Code 1923, c. 122, §4; 1925, c. 74, §4.)

§6. Revocation of Adoption by Judicial Proceedings; by Child Itself at Majority.—A parent or guardian of a minor, when a minor is adopted under the provisions of this article, who had no notice of the proceedings, may, at any time within a year after receiving notice thereof, apply by petition to the circuit court in which the petition mentioned in the first section was filed, praying that the adoption may be vacated. The court applied to shall fix a time for a hearing, shall cause notice thereof to be given to the person or persons who were permitted to adopt such minor, and, at the time so fixed, shall hear the petitioner and all parties interested, and may vacate or affirm the adoption in its discretion. Any party interested may appeal to the supreme court of appeals from the decision of the circuit court in the matter, as in cases of appeals in chancery matters. When any minor has been adopted, he may, within one year after becoming of age, sign, seal and acknowledge before proper authority, in the county in which the decree of adoption was made, a dissent from such adoption, and file such instrument of dissent in the office of the clerk of the county court of such county, and such clerk shall record and index the same. Upon the filing of such instrument of dissent the adoption shall be vacated.(1882, c. 132, §5; Code 1923, c. 122, §5; 1925, c. 74, §5.)

§1. Petition to Circuit Court; Notice.—Any person desiring a change of his own name, or that of his child or ward, may apply therefor to the circuit court of the county in which he resides, or judge thereof in vacation, by petition setting forth that he has been a bona fide resident of such county for at least one year prior to the filing of the petition, the cause for which the change of name is sought, and the new name desired; and previous to the filing of such petition such person shall cause to be published in some newspaper of general circulation in the county, once a week for two consecutive weeks, a notice of the time and place that such application will be made.(Code 1849, c. 168, §1; Code 1860, c. 168, §1; Code 1868, c. 122, §1; 1875, c. 33, §2; 1882, c. 132, §1; Code 1923, c. 122, §1.)

§2. Objections to Change of Name.—Any person who is likely to be injured by the change of name of any person so petitioning, or who knows of any reason why the name of any such petitioner should not be changed, may appear at the time and place named in the notice, and shall be heard in opposition to such change.

§3. When Court May Order Change.—Upon the filing of such petition, and upon proof of the publication of such notice and of the matters set forth in the petition, and being satisfied that no injury will be done to any person by reason of such change, that reasonable and proper cause exists for changing the name of petitioner, and that such change is not desired because of any fraudulent or evil intent on the part of the petitioner, the court or judge may order a change of name as applied for.(Code 1849, c. 168, §1; Code 1860, c. 168, §1; Code 1868, c. 122, §1; 1875, c. 33, §2; 1882. c. 132, §1; Code 1923, c. 122, §1.)

§4. Record of the Change in Office of County Clerk.—When such order is made the petitioner shall forthwith cause a certified copy thereof to be filed in the office of the clerk of the county court of the county where petitioner resides, and such clerk shall record the same in a book to be kept for the purpose and index the same under both the old and the new names. For such recording and indexing the clerk shall be allowed the same fee as for a deed.

§5. When New Name to be Used.—When such change has been ordered and a certified copy of the order filed in the office of the county clerk, the new name shall thenceforth be used in place of the former name.(Code 1849, c. 168, §1; Code 1860, c. 168, §1; Code 1868, c. 122, §1; 1875, c. 33, §2; 1882, c. 132, §1; Code 1923, c. 122, §1.)

§6. Penalty for Unlawful Change of Name.—Any person residing in this State who shall change his name, or assume another name, unlawfully, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding one hundred dollars, and upon a repetition thereof shall be confined in jail not exceeding sixty days.

§1. Apprenticeship Abolished.—No minor may hereafter be bound as an apprentice except as provided in articles three and four, chapter twenty-eight of this Code.

§2. Former Law Continued as to Subsisting Contracts of Apprenticeship.—Any articles or contracts of apprenticeship in force at the time this Code goes into effect shall continue to be governed by all the provisions of law relating thereto in force on the day before this Code goes into effect.

§3. How Apprenticeship May be Terminated.—Notwithstanding the provisions of the preceding section, the circuit court of the county wherein any apprentice may reside may, on petition of a parent or guardian of such apprentice, or of a probation officer, or an agent of the state board of children’s guardians, or of any other person, on behalf of such apprentice, after reasonable notice to such master, or his personal representative, or assignee, and when the circumstances require it, or when it may be to the best interest of such apprentice, discharge such apprentice from his apprenticeship, and enter such order for his disposition or custody as to the court shall seem proper.

§1. How Accusation of Paternity Made; Warrant; Recognizance.—Any unmarried wom an may go before a justice of the county in which she resides and accuse any person of being the father of a bastard child of which she has been delivered. Such justice shall examine her under oath, and reduce her examination to writing and sign it. On such examination, unless the child be three years old or upwards, the justice shall issue a warrant, directed to the sheriff of, or a constable in, any county where the accused may be, requiring him to be apprehended and taken before a justice of the county in which he may be found; and it shall be the duty of such justice to require the accused to enter into a recognizance, with one or more good securities, in a sum not less than five hundred nor more than one thousand dollars, conditioned for his appearance at the next term of the circuit court of the county in which such warrant issued, to answer such charge, and to abide by and perform the order of the court in relation thereto. If a married woman live separate and apart from her husband for the space of one year or more, and shall not at any time during such separation, cohabit with such husband she may, if she be delivered of a child at any time after such one year, and while such separation continues, accuse any person, other than her husband, of being the father of such child, in like manner, and the same proceedings shall thereupon be had, as if she were an unmarried woman.(Code 1849, c. 125, §1; Code 1860, c. 125, §1; 1863, c. 60, §1; 1867, c. 56, §1; Code 1868, c. 80, §1; 1872-3, c. 150, §1; 1882, c. 54, §1; Code 1923, c. 80, §1.)

§2. Recognizance Unaffected by Continuance.—Should the court continue the case at the first or any subsequent term, the recognizance shall continue in force until the final judgment, unless the accused, if a new recognizance be required, shall give the same or be committed to jail.(Code 1849, c. 125, §2; Code 1860, c. 125, §2; Code 1868, c. 80, §2; 1872-3, c. 150, §2; 1882, c. 54, §2; Code 1923, c. 80, §2.)

§3. Proceedings in Name of Woman or County Court.—After such accusation shall have been made, proceedings thereupon may be had in the name of the woman or, if the court so order, in the name of the county court.(Code 1849, c. 125, §3; Code 1860, c. 125, §3; Code 1868, c. 80, §3; 1872-3, c. 150, §3; 1882, c. 54, §3; Code 1923, c. 80, §3.)

§4. Proceedings in Circuit Court.—If the accused appear and plead not guilty, the issue shall be tried by a jury, if not waived by the parties, and, if the accused fail to appear, the court shall, unless a jury is demanded by the plaintiff, try and determine the issue; and if, in either event, the accused be found guilty, the court shall order him to pay to the county court, or as the court may otherwise direct, for the maintenance, education, and support of the child, such sums as the court may deem proper for each year, fixing such times of payment as the court may deem proper, until such time as the court may appoint, unless the child shall sooner die, and, if such father be then in court, the court shall order him to give bond in such penalty and with such sureties as the court may deem sufficient for the performance of such order; and shall order him to jail until such bond be given in the court or filed in the office of the clerk thereof, with sufficient sureties to be approved by the court or clerk, or until the woman and the county court consent to his discharge, or until he be discharged by an order of the circuit court, the court being satisfied that the prisoner cannot pay the judgment of the court or give the bond required, or until he be otherwise legally discharged; and, if he be found not guilty, he shall be discharged, and shall recover his costs against the party in whose name the proceedings are had. In event such judgment is rendered by the court against such father upon a trial had on the nonappearance of such father and in his absence, such judgment shall be rendered against him and his sureties upon his bond given before the justice, required by section one of this article, and the court may likewise issue an attachment for such father to bring him into court, there to be dealt with as prescribed by this article, as if judgment had been rendered against him when present in court and upon a finding of a jury that he is guilty as charged in the warrant after trial had in his presence.(Code 1849, c. 125, §5; Code 1860, c. 125, §5; 1865, c. 9, §1; Code 1868, c. 80, §4; 1872-3, c. 150, §4; 1875, c. 52, §4; 1882, c. 54, §4; Code 1923, c. 80, §4.)

§5. Power in Court to Change Payments.—Until the child shall reach the age of twenty–one years such circuit court shall have and retain jurisdiction of any such proceedings to make, when circumstances justify it, any further order or orders increasing or decreasing the amount of money to be paid for the maintenance, education and support of the child, or requiring a new or additional bond.

§6. Recovery on Bonds.—As often as the condition of any bond or bonds given as provided in this article is broken, a motion may be made before the circuit court of the county and judgment may be given in the name of the county court, against such father and his sureties on any bond or bonds in force at the time of any breach, and against his and their personal representatives, for the money due, with lawful interest thereon from the time or times when the same ought to have been paid.(Code 1849, c. 125, §6; Code 1860, c. 125, §6; Code 1868, c. 80, §5; 1872-3, c. 150, §5; 1882, c. 54, §5; Code 1923, c. 80, §5.)

§7. Prosecuting Attorney to Appear for Woman or County Court.—The prosecuting attorney for the county shall appear on behalf of the woman or of the county court in every case under this article, and if judgment be given against the father, there shall be included in the costs a fee of ten dollars to such attorney.(Code 1849, c. 125, §7; Code 1860, c. 125, §7; Code 1868, c. 80, §6; 1872-3, c. 150, §6; 1882, c. 54, §6; Code 1923, c. 80, §6.)

§1. Offense; Penalty.—Any husband who shall, without just cause, desert or willfully neglect or refuse to provide for the support and maintenance of his wife, in destitute and necessitous circumstances, or any parent who shall, without lawful excuse, desert or willfully or neglect or refuse to provide for the support and maintenance of his or her legitimate or il legitimate child or children, under the age of sixteen years, in destitute and necessitous circumstances, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding five hundred dollars, or imprisoned in the county jail not exceeding one year, with hard labor, or both, and the court may also direct the county court to cause such husband or parent to labor on the roads or other public improvements of the county, for which it shall allow the sum of not less than one nor more than two dollars per day (but no such allowance shall be construed as a fine or part of the sentence of the court), and such allowance shall be paid by the county court to the wife or other guardian, curator, custodian or trustee of such minor child or children, as the court may order.[1901, c. 13, §1; 1917, c. 51, §1; Code 1923, c. 144, §16c (1); 1925, c. 73, §1.]

§2. Complaint and Warrant; Costs; Jurisdiction.—Proceedings under this article may be instituted upon complaint made under oath or affirmation by the wife, child or children, or by any other person who may be cognizant of the facts, before any justice of the peace of the county in which such wife, child or children may be, and upon such complaint the justice shall issue a warrant without pay if such wife, child or children are pecuniarily unable to pay for the same, and it shall be the duty of the constable to serve such warrant, and in case the warrant is issued and served as aforesaid, the justice shall have the right to require the defendant to pay the costs of the proceeding, in addition to the penalty hereinbefore provided. Juvenile, circuit, intermediate and criminal courts shall have original, concurrent and appellate jurisdiction in all cases arising under this article.[1901, c. 13, §2; 1917, c. 51, §2; Code 1923, c. 144, §16c(2); 1925, c. 73, §2.]

§3. Order for Support; Release on Bond; Forfeiture.—The justice of the peace before whom such conviction is had, may, in lieu of the penalty herein provided, or in addition thereto, having regard to the circumstances and financial ability or earning capacity of the defendant, require the defendant to pay a certain sum periodically to the wife of other guardian, curator, custodian or trustee of such wife, child or children, which shall be subject to change from time to time as circumstances may require, and may release the defendant upon his or her entering into bond with good surety in the penalty of not less than five hundred dollars. The condition of the bond shall be to make payments as aforesaid, until the child or children arrive at the age of sixteen years, and to appear before the court in case default be made in the payment of such sums, and in case the defendant fails to make such payments, the justice may forthwith rearrest the defendant, and proceed with the trial under the original charge, or sentence him or her under the original charge, as the case may be, and in case of forfeiture of the bond herein provided for, and enforcement thereof, the sum recovered may, in the discretion of the court wherein the forfeiture is enforced, be paid in whole or in part to the wife or other guardian, curator, custodian or trustee of such minor child or children, as the court may order.[1917, c. 51, §§4, 5; Code 1923, c. 144, §§16c(4), (5); 1925, c. 75, §3.]

§4. Appeal; Bond; Reconviction.—If, at the trial, any husband, person or parent shall be found guilty of a violation of the provisions of this article, and desires to appeal from the decision of the justice trying such case, he shall give bond in the penalty of not less than five hundred dollars, with the condition that he shall appear before the court to which he appeals, and if, upon trial on appeal, the defendant is again found guilty of such charge, the payments to the wife, child or children, as the case may be, fixed by the justice of the peace, shall relate back to the date of the appeal, and such bond shall be liable for the payments of such sums, and judgment may be entered thereon against the defendant and his surety.(1925, c. 73, §4.)

§5. Evidence; Witnesses.—No other or greater evidence shall be required to prove the marriage of such husband and wife, or that the defendant is the father or that the alleged mother is the mother of such child or children, than is or shall be required to prove such facts in a civil action. In prosecutions under this article both husband and wife shall be competent witnesses to testify against each other in regard to any and all relevant matters, including the fact of such marriage, and the parentage of such child or children. Proof of the desertion of such wife, child or children, in destitute and necessitous circumstances, or neglect or refusal to provide for the support and maintenance of such wife, child or children, shall be prima facie evidence that such desertion, neglect or refusal, is willful.[1917, c. 51, §6; Code 1923, c. 144, §16c(6); 1925, c. 73, §5.]

§6. Venue; Extradition.—An offense under this article shall be held to have been committed in any county in which such husband, parent, wife, child or children may be at the time such desertion, refusal, neglect or failure to provide, or any part thereof, took place, or where the offender may be at the time such complaint is made. It shall be the duty of the county court, in any case in which application is properly made by the officers responsible for the execution of this article, to provide the funds necessary for extraditing any person charged with an offense under this article, who has gone to another state, and desertion or nonsupport of wife, child or children, shall be an extraditable offense under this article.[1917, c. 51, §7; Code 1923, c. 144, §16c(7); 1925, c. 73, §6.]