Page:Collier's New Encyclopedia v. 03.djvu/445

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DIVORCE 383 DIX grounds of divorce by satisfactory evi- dence, even though no contest is made on the othfer side. Parties also who have condoned the offense, i, e., who, after it has been discovered, have consented again to live as husband and wife, are not al- lowed to obtain a divorce, but a second act of the same nature revives the right of action on the original offense. The want of harmony in the legislation of the different States on this subject has led to very great confusion and conflict in regard to the rights and liabilities growing out of divorce against non- residents of the State where granted, and some uniform system of laws on the subject is greatly needed. The Law of England. — The divorce court is composed of a judge ordinary, the three chiefs in the courts of common law, and three puisne judges. It is provided that either spouse may obtain a divorce on the ground of adultery, but in case the wife is petitioner the adultery must be accompanied by cruelty or de- sertion. By another act the power to pro- nounce a decree of divorce, which was at first reposed in the whole court, is given to the judge ordinary sitting alone; but in this case the decree so pronounced is a decree nisi and cannot become final for at least six months. After a decree of divoi'ce the offending person is free to marry again, even with the paramour. But it is also enacted that no clergyman shall be compelled to solemnize the mar- riage of any person who has been di- vorced. He must, however, allow an- other clergyman, if willing to do so, to perform the marriage. The same gen- eral rules as to collusion, condonation, the conduct of the parties', etc., which obtain in the United States are law also in Eng- land. In order to guard against fraud by parties conniving to procure a divorce, power is given to the queen's proctor to interpose, in case he have reasonable grounds to suspect collusion or recrimi- nation, in order to oppose a petition for divorce. By these acts parties are also entitled to obtain a judicial separation on the ground of adultery, cruelty or de- sertion. Judicial separation is declared to be in place of a separation "a mensa et thoro." A married woman, having ob- tained decree of judicial separation, is declared to be in all respects as a "feme sole" in regard to any property that she has or may acquire. Even before obtain- ing a separation a woman deserted by her husband may obtain from the court a protection for any property that she has or may actjuire by her own industry. Divorce in European Countries. — Since the year 1884 French law has recognized three grounds of divorce: (1) adultery; (2) outrage, cruelty, or grievous injury; (3) conviction of an infamous crimeu These causes of action are equally avail- able to husband or wife; but it is pro- vided that the wife shall not marry again till after the expiration of 10 months from the date of the dissolution of the previous marriage. It is further pro- vided that, in cases where divorce is sought on the ground of outrage, cruelty or grievous injury, immediate divorce shall not be granted, but the parties may be granted separation for a year, with due provision for the wife's support dur- ing that time, at the end of which a final divorce may be granted, if they have not been reunited in the meantime. Sub- stantially the same rules as to condo- nation prevail as in the United States. All the proceedings necessary in such cases are carefully provided for by the code civil, as well as the consequences to the parties personal or proprietary. In Germany, the question of divorce gave rise to a long contest. The General Prussian Code permitted divorce on the ground of mutual consent and deep-seated aversion, but on account of the newly awakened religious life in the 19th cen- tury there was a strong opposition to this freedom of divorce; this under Friedrich Wilhelm IV. arose to an overwhelming power. Many attempts were made to establish the laws of divorce on a reason- able basis, but on account of the personal antagonism of Friedrich Wilhelm IV. they . emained without result. The Austrian code of common law allows to non-Catholic Christians separation from the bonds of matrimony on account of adultery, malicious desertion, five years* imprisonment, or on account of danger- ous diseases and repeated cruelty of treatment and invincible aversion. DIX, DOROTHEA LYNDE, an Amer- ican philanthropist; bom in Worcester, Mass., in 1805. In her youth she sup- ported herself by teaching, but in 1830 fell heir to some property, after which she devoted her life to the relief and betterment of lunatics, paupers, and criminals. She published several chil- dren's books, and, in 1845, "Prisons and Prison Discipline." She died in Trenton, N. J., July 19, 1887. DIX, JOHN ADAMS, an American statesman and soldier; bom in Boscawen, N. H., July 24, 1798. He was educated at Salisbury, Phillips Exeter Academy, the College of Montreal, and St. Mary's College. In 1812 he was appointed a cadet in the United States Army, and in 1813, ensign. He took part in the oper- ations on the Canadian frontier during the War of 1812; afterward studied law and was admitted to the bar in Washing- ton. In 1826 he was sent as a special