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An Act to prevent the citizens of New York from carrying slaves out of this commonwealth, and to prevent the escape of persons charged with the commission of any crime. 1840 79 (1840)

handle is hein.slavery/ssactsva0559 and id is 1 raw text is: Divorces.-Fugitives from Justice. 79 secouted according to the rules of procceding in chancery in said hndsf proceed. courts, except that the defendant shall not be compelled to answer Ing. upon oath, and that tile bill shall in no case be taken for confessed, but if the defendant shall fitl to answer, the cause shall be set for trial, and the court may proceed to decide it upon the evidence ad- duced. 2. And be it further enacted, That the said circuit superior courts Jurisliction in of law and chancery shall have cognizance of matrimonial causes on sits for limited account of adultery, cruelty, just cause of bodily fear, abandonmentdivorces. and desertion, or for any other cause for which a limited divorce is authorized by the principles of the ecclesiastical law ; and in such cases may grant divorces a niensa et thore, in the usual method of proceeding in said courts, in suits in chancery. In such causes, how- ever, tile bill shall in no instance be taken for confessed. 3. And be it further enacted, That in granting divorces a niensa Power or coarot et t/orn for causes which justify such divorces by the principles ofin' A111 cases. the ecclesiastical law, the said courts shall have full power to decree perpetual separation, and protection to the persons and property of the parties; to decree to either out of the property of the other, such maintenance as may be proper ; to restore to the injured party (as far as practicable) the rights of property conferred by the marriage upon the other ; and so to dispose of the custody and guardianship, and provide for the maintenance of the issue of' the marriage, as under all the circumstances may seem right. A decree of perpetual sepa- 1f,,rt or decrec ration from the bed and board, shall have the same effect pon the of court upon rights of property which either party may acquire after the decree, as 'gY1Tq or parties. a divorce a vinculo matrimnonii would have, save only, that no such decree of separation from bed and board, shall authorize either party to marry again, during the life of the other; and that another mar- riage after such decree, shall expose the officnder to the same pains and penalties as if such decree had never been made. 4. And be it further enacted, That the costs in suits for divorce, Cots i muils for shall be same as in other suits in chancery, and may he adjudged EirC against either party, according to the discretion of the court. 5. And be it farther enacted, That either party may obtain an ap- Appni, allows- peal to the court of appeals from any decree made in any suit usder ,'- this act, in the same manner as in other suits; and the sane time 'rim for nijent shall be allowed to absent defendants, to set aside any such decree, (d,,,, t, set atside de4cree. as is allowed in other cases; and all acts and parts of acts coming Rtpealingcasie. within the purview of this act, shall be, and the same are hereby re- pealed. 6. This act slall be in force from the passing thereof. Cornmenrement. CRAP. 72.-An ACT to prevent the citizens of New York from carrying slaves out of this commonwealth, and to prevent the escape of persons charged with the commission of any crime. [Passed March 13, 1811.1 1. Be it enacted b/ the general assembly, That it shall not be wimt vesels ,mot lawful for any vessel of any size or description, owned in whole or Part font in part, or commanded or navigated by any citizen or resident ofsVvction. the state of New York, or any such vessel owned in whole or in part, or commanded or navigated by any other person than an actual inhabitant and resident of this commonwealth, and departing from any port in this state for any port in the state of New York, to (fe- part from this commonwealth, or out of any bay, river, creek, or other watercourse of this state, until said vessel has undergome the inspection provided for in this act, and until the other provisions

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