[21] _Supp. to Gen. Stat. of the Com. of Mass., 1860-72_, I, 871.
[22] Act of June 11, 1873: _Acts and Resolves_ (1873), 908.
[23] _Pub. Stat. of the Com. of Mass._ (Boston, 1882), 813.
[24] Act of June 7, 1889: _Acts and Resolves_ (1889), 1172.
[25] _Rev. Laws_ (1902), II, 1352, 1353. Divorce for joining a religious sect, under the act of 1850, seems to have been dropped out in the revision. It is still in _Pub. Stat._ (1882), 813.
The century's legislation in the other New England states regarding the causes of divorce shows important differences in details and in the rate of progress; but the general tendency and the final result are much the same. For a short period previous to 1784 the legislature of New Hampshire exercised the right of granting divorces from the marriage bond.[26] The constitution of that year, following the example of Massachusetts, put a stop to the practice.[27] So by the act of February 17, 1791, which determined the general character of the divorce laws of that state for half a century, jurisdiction is vested in the superior court of judicature, where, under sanction of the constitution[28] of 1792, it remained until 1855, when it was transferred to the supreme court.[29] In the outset the laws of New Hampshire are more liberal in this regard than those of Massachusetts, and the development is more rapid. By the act of 1791, just mentioned, a divorce _a vinculo_ may be granted for the impotency, adultery, extreme cruelty, or three years' absence of either spouse; and to the wife when the husband wilfully abandons her for three years, refusing to provide.[30] But, it should be observed, separation from bed and board is not recognized. This law stood unaltered until 1839, when, in addition to the causes already assigned, a divorce is authorized for three years' wilful desertion or refusal to cohabit by either person, if the cause continues at the time of petition.[31]
[26] See the _Index to the MSS. Laws of New Hampshire Recorded in the Office of the Secretary of State, 1679-1883_ (1886), 149, 150, where a list is given showing that legislative decrees were granted in 1766, 1771, 1773, 1778, 1779, 1780, 1781, 1782, and 1783.
[27] See the provision in POORE, _Charters_, II, 1290.