Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1827-01-11

consideration "a bill to prescribe the
mode of proceeding in suits aud on Pc
| titions for Divorces" -AIr. Gholson in
the chair. a long discussion took place
upon the details of the BILL various a.
mendmeRts were made to 1t, which were
reported to the House i'sell, and on
Mr.. Mayo's motion, the bill vas recon-
mitted to the Committee tor Courts of
Justice.
The bill as originally reported by the
Committee, contains many important
regulations, aud is as follows:]
"A Bill TO prescribe the method Of pro-
cssding in SUITS and on petitions for
Section I, Be ii saactsdby the General
.4ssembiy, That the superior court OF
chancery within the Commonwealth,
shall have jurisdiction to hear and de-
termne suits for the dissolution OF mar
rage, where the causes alledged there
fore shall be natural or iucurable impo-
tency of body at the time of entering
into the matrimonial contract, idiocy,
higamy, or marriage within the degrees
Of relationship forbidden by the laws of
this Commonwealth; and in such suits
upon full and satisfactory evidence,
Independent of the confession OF the
defendant, they shall have power by
defnitiVe sentence, to pronounce and
decree the marriage to be null and void.
Such Suits shall represented according
to the rules of proceeding in said Court,
except that the defendant shall not be
compelled to answer upon oath. and That
! the bill shall in no case be taken for
| confessed: Provided, however, That NO.
thing IN this act contained shall be so
| constructed AS to take from the superior
| courts of law their jurisdiction in cases
| of marriage within the forbidden de
gree..
Sect, Q, and be IL further cnactcd,
That the superior court of chaneery
shall have cognizance of all other ma
! trimonial causes, such as BY the common
law of England were cognlzable in the
ecclesiastical courts, and that they shall
! proceed therein according to the accus-
g., toned course OF the court of ehancery:
Proceeded, hotoeUsr, That no suit shall be
maintained in such court, 10 compel o
celebration of marriage, for or because
Of any contract of matrimony whatsoe-
yer.
) Sect: 5. ind be ii further enacted.
That in granting divorces met.:a ct
thoro for causes which Justify divorces
by the principles OF the common law,
the court of Chsncery shall have full
power to decree perpetual separation,
and protection TO the persons and pro-
perry Of the parties, To deci ee to- either
out of the property of the other, such
maintenance as may be proper; to re-
store to the injured party, a. far as
practicable, the rights OF property con
ferred by marriage, on the other; and so
dispose otthe custody and guardianship;
and provided for the maintenance of
| the issue OF the marriage as under all
| the circumstances may seem right
A decree of perpetual separation from
bed and board Shall have the same eff
feet upon the rights OF property which
either party may acquire, after til de-
cree, and upon the personal rights which
either may enjoy after such decree, as
divorce Uincuio matylm0ni would have,
save only that no such decree OF sepa-
ration from bed and board shall author
iZe either p rty TO marry again during
the lifetime of the other party, aud that
another marriage after such decree,
shall expose the offender to the same
pains and penalties as if such decree
had never been made.
Sect. 4. AHd be a. further endcted.
That every person Intending to peti
ton the General Assembly for dl
vorce, shall file in the cel ks Office OF
the superior court Of law for he County
IN winch he OF she may reside, state
ment Of the causes Oh which the APP.
plicaIion is founded, Of which at least
two months before the next court,
notice shall be given to the adverse
party by personal service, where he
or she resides in the Commonwealth,
or if not a resident therein, by publ
cation for four weeks in some news
paper printed in the city of Richmond,
requiring his or her attendance there
al; and thereupon the court, without
other pleadiugs in writing, shall Cause
jury to be empanneIled to ascertain
the facts set forth in SAID statement;
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