The sum charged for the use of a dock. In the case of a dry dock, it has been held in the nature of rent. 1 Newb. 69. See WHARFAGE. her use either during the pendency of a suit, -in which case it is called alimony pendente lite, or after its termination, called perma- nent alimony. As will be seen from the foregoing definition, alimony, especially permanent alimony, pertains rather to a separation from bed and board than to a divorce from the bond of matrimony. In- deed, it is generally allowed in the latter case only in pursuance of statutory provi- sions. See ALIMONY. It is provided by strument, in use in England, given by the statute in several of our states that, in case of divorce, the court may order the husband to restore to the wife, when she is the inno- cent party, and sometimes even when she is not, a part or the whole of the property which he received by the marriage. In some cases, also, the court is authorized to divide the property between the parties, this being a substitute for the allowance of ali- mony. For further particulars, recourse must be had to the statutes in question. The custody of children. In this country, the tribunal hearing a divorce cause is gen- erally authorized by statute to direct, dur- ing its pendency and afterwards, with which of the parties, or with what other person, the children shall remain, and to make provision out of the husband's estate for their maintenance. There are few posi- tive rules upon the subject, the matter being left to the discretion of the court, to be exercised according to the circumstances of each case. The general principle is to consult the welfare of the child, rather than any supposed rights of the parents, and as between the parents to prefer the innocent to the guilty. In the absence of a control- ling necessity or very strong propriety, aris- ing from the circumstances of the case, the father's claim is to be preferred; see Reeve, Dom. Rel. 453; Lloyd, Div. 241; 40 N. Η. 272; 16 Pick. 203; 24 Barb. 521; 27 id. 9; 2 Q. B. D. 75; 2 U. C. Q. B. 370; 55 Ala. 428; 56 Miss. 418; 12 R. I. 462; [1891] Prob. 124; and 2 Bish. Mar. & Div. § 1185, where the subject is fully treated; the general rule, however, being that the welfare of the child will be consulted rather than the rights of either parent; 12 R. I. 462; 68 ΠΙ. 17; 32 Ν. J. Eq. 738; 44 Ala. 670. If the child is of an age to require especially a mother's care, her right of custody is pre- ferred; id.; 55 id. 428; 14 Cal. 512; but it is for the trial court to say upon all the evi- dence whether she is more worthy of their custody than the father; 92 Cal. 653. In some cases a child will be placed in the custody of a third person; 47 How. Pr. 172; 2 Russ. 1; 21 Tex. 67; 80 Ind. 547;39 Wis. 167. See CUSTODY. A bigamous marriage being void ab initio, the second wife cannot maintain an action for judicial separation; 5 Misc. Rep. 193. By the civil law, the child of parents di- vorced is to be brought up by the innocent party at the expense of the guilty party. Ridley's View, pt. 1, c. 8. § 9, citing 8th See FOREIGN DIVORCE. Collation.