3. Any person who has been a resident of the territory for one year, may file his or her complaint for a divorce or decree of nullity of marriage, under oath in the District Court of the county where he or she may reside, and like proceedings shall be had thereon as in civil cases.

4. When the defendant does not answer, or answering, admits the allegations in the complaint, the court shall require proof before granting a divorce or a decree of nullity.

5. In granting a divorce, the court shall also make disposition of the property of the parties as shall appear just and equitable, having regard to the respective merits of the parties and to the condition in which they will be left by such divorce, and to the party through whom the property was acquired, and to the burdens imposed upon it for the benefit of the children, and shall . make provision for the guardianship, custody, and support and education of the minor children of such marriage.

6. The order of divorce from the bonds of matrimony, shall, if granted, completely dissolve the marriage as to both parties; and the court may, on granting the divorce, change the name of the female, who shall thereafter be known by the name fixed by the court.

7. It is made the duty of the prosecuting attorney to resist all petitions for divorce which are undefended.

Act regulating divorces. Statutes, p. 405.

FORMS.

Certificate of Marriage.

This certifies, that the rite of holy matrimony was celebrated between Henry Carf, of San Leandro, and Mary Pike, of San Francisco, on the first day of May, 1859, at San Francisco, by FRANCIS CLARK,

May 2d, 1859.

Minister of

Certificate of Marriage.

Church.

June 5th, 1859.

This certifies, that I, William H. Culver, justice of the peace, in and for the city and county of San Francisco, united in marriage, in the city and county of San Francisco, on the fifth day

of June, one thousand eight hundred and fifty-nine, Ah Ching

and Min Tay.

Residence, San Francisco.
Age, twenty-nine.

Color, Asiatic brown.

Place of nativity, Hong Kong.
Single or widowed, widowed.

In accordance with the laws
Witnesses,
HOP LEE,
GOAN HANG,

C. CARVALHO.

Residence, San Francisco.
Age, twenty.
Color, fair.

Place of nativity, Canton.
Single or widowed, single.
of the state of California.
WM. H. CULVER,

Justice of the Peace.

Deed from Husband to Wife.

This indenture, made this, &c. [date], between A. B., of [residence], of the first part, and C. B., the wife of said A. B., of the second part, witnesseth: That said party of the first, for and in consideration of the love and affection which he beareth toward his wife, the said C. B., and for the purpose of making her a gift [or, for the purpose of compensating certain advances and benefits of money and property which she brought to said party of the first part by or since their marriage, or for other purpose, as may be], doth hereby give, grant, and convey [or, grant, bargain, and sell], unto his wife, said party of the second part, all that certain property being [here insert description], to have and to hold the same unto the said party of the second part, her heirs and assigns, for her own sole and separate use, benefit, and behoof forever.

And the said party of the first part doth hereby covenant and declare that, by this conveyance, he, for himself, his heirs, executors, administrators, and assigns, doth give, transfer, convey, and relinquish to his wife, the said party of the second part, her heirs and assigns forever, all his right, title, and interest in and to the property above described, with all the rents, issues, and profits thereof, the incidents, tenements, hereditaments, and appurtenances, to have, hold, use, and enjoy, all and singular the same, and every part and parcel thereof, as and for her separate estate, especially relinquishing for himself and his heirs all right or claim to the same or any part thereof, as community property, so that the same may be held by her as separate and not in any respect as community property.

In witness whereof, said party of the first part hath hereto set his hand and seal the day and year first above written.

A. B. [L. s.]

Certificate of Marriage in Oregon.-[To be recorded within three months after such marriage.]

State of Oregon,}

County of

88:

This is to certify that the undersigned, a justice of the peace, of said county [minister of the gospel, or judge, &c., as the case may be], did on the A. D. 18 join in lawful wedlock, A. B. and C. D., with their mutual consent, in presence of E. F. and G. H., witnesses.

day of

J. P., Justice of the Peace.

Form of Marriage Service.

John Doe, will you have this woman to be your wedded wife, to live together in the holy estate of matrimony; will you love her, comfort her, honor and keep her in sickness and in health, and forsaking all others keep thee only unto her, so long as you both do live? [Answer.]

Mary Jones, will you have this man to be your wedded husband, to live together in the holy estate of matrimony; will you obey him, love, honor and keep him in sickness and in health, and forsaking all others, keep thee only unto him so long as you both do live? [Answer.] Then, by virtue of the authority in me vested by the laws of the state of California, I now pronounce you man and wife. WM. H. CULVER,

Justice of the Peace.

Conveyance from Husband to an Intervening Party for Conveyance to Wife.

This indenture, made and entered into this 20th day of June, eighteen hundred and fifty-nine, between John Matthias, of the county of Alameda of the first part, and James Alexander of the second part, witnesseth: whereas the said party of the first part is the owner in fee of the tract of land and premises hereinafter described, and intends, in consideration of the love and affection which he bears his wife, Anna Matthias, to make her a gift of said tract of land, and of the rents, issues and profits thereof, as her separate property; and has requested the said party of the second part to accept a conveyance thereof, and thereupon to convey the same to the separate use of his said wife;

Now the said party of the first part, in order to give effect to such intention, in consideration of the premises, of the promise by said party of the second part to convey the said lands and premises in the manner and for the purpose aforesaid, and of the, sum of one dollar, lawful money of the United States, to him in

hand paid, by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, aliened, remised, released, and conveyed, and by these presents doth grant, bargain, sell, alien, remise, release, convey, and confirm unto the said party of the second part and to his heirs and assigns forever, all that certain lot, piece, or parcel of land, situate, lying, and being in the county of Alameda, bounded and described as follows, to wit: [here insert description,] together with all and singular, the tenements, hereditaments, and appurtenances thereunto belonging or in any wise appertaining; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and also all the estate, right, title, interest, property possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, and to the said above described premises, and every part and parcel thereof, with the appurtenances; to have and to hold all and singular the abovementioned and described premises, with the said party of the second part, his heirs and assigns forever.

In witness whereof the said party of the first part hath hereunto set his hand and seal the day and year first above written. JOHN MATTHIAS. [L. S.]

Sealed and delivered in presence of GEORGE BROWN.

Conveyance from Intervening Party to Wife.

This indenture, made this 21st day of June, A. D. one thousand eight hundred and fifty-nine, between James Alexander, of the county of Alameda, counsellor at law, of the first part, and Anna Matthias, of the second part, witnesseth: Whereas one John Matthias, of the county of Alameda, being the owner in fee of the premises hereinafter described, intends, in consideration of the love and affection which he bears to his wife Anna Matthias, to make her a gift of the same, and of the rents, issues and profits thereof, as her own separate property, and to effect such intention, has, by conveyance bearing date the 20th day of June, A. D. 1859, conveyed the said premises to the party hereto of the first part, with a request on his part, and a promise on the part of the party of the first part, that he would convey the same by good and sufficient conveyance to the party hereto of the second part. Now, the said party of the first part, in pursuance of the said request, and in consideration of the promises and of said promise, hath granted, bargained, sold, aliened, released, conveyed and confirmed, and by these presents doth grant, bargain, sell, alien, remise, release, convey and confirm unto the said party of the second part, and to her heirs and as