Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-05-21

if she so desires, and shall be allowed such
alimony out Of her husbands real and per-
sonal property, as the court shall think reas-
enable, having due regard to the property
which came to him by marriage, and the val
ue of his real and personal estate, at the time
of said divorce, which alimony may be allow
ed to her in real, or personal property, or
both, or by decreeing to her such sum of
money, payable either iu gross or in INSTALL
ments, as the court may deem Just and equi-
table, and if the wife survive her husband she
shall also be entitled to her right of dover in
the real estate of her husband, not allowed to
her as alimony, of which he was seiz ed at any
time during the coverture and to which she
had not relIquished her right of dover but
if the divorce shall arise by reason of the ag-
gresSon OF the wife, she shall he barred of
all right Of dover in the lands of which her
husband shall be seized at the time of the
filing of the petition for divorce, or which he
may thereafter acquire, whether there be is
sue or not, and the court shall order to her,
restoration of the whole of her lands, tene-
ments or hereditaments not previously dis
posed Of and also such share of the hus-
bands real or personal property, or both, as
to such court may appear just and reasona-
Bile.
Sec. 8. That all applications for divorce, or
for alimony, under the provisions of this act,
shall be made in the county, where the com
piainant, bona tide, resides, at The time oi
making such application, or in the county
where the cause ot complaint arose or took
place and the court shall hear and deter.
mine the same, whether the marriage took
place, or the cause of divorce occurred with
in the State or elsewhere : Provided, the pc
titioner shall be resident of the State, at
least one year next before the filing Of his or
her petition in the clerks office of said court.
Sec. 0. That The said court shall have pow
er to grant alimony to the wife for her susie
nance during the pendency of petition for
divorce filed for any Of the causes aforesaid.
Sec. 10. That the wife may file her petit
ton as aforesaid in the court of common
pleas, for alimony alone, without the prayer
for the dissolution of the marriage contract
for the following causes, to wit First,
Adultery second, Gross neglect of duty
third, Abandonment OF the wife without good
cause ; fourth, Wien there is separation in
consequence Of i'll treatment on the part of
the husband /; fifth, habitual drunkenness !;
and sixth, Confinement in the penitentary of
Ohio, or in the penltentary or state prison Of
any of the United Sta.es or either of the ter
rilories thereof or the District of Columbia,
for any crime or offence of the same charac-
ter or grade as is or may be by the laws OF
this state punished with imprisonment in the
penitentiary, in which case the application
shall be made while the husband is SO con-
fined,
Sec. l. The proceedings on said petition
for alimony alone shall in all respects be con-
Quoted as in applications for divorce under
the provisions OF this act, and the said court
shall upon satisfactory proof of any or ali the
charges in said petition make such order for
the disposition, care and maintenance of the
children of such marriage, if any there be,
as shall be just and reasonable, and restore
to the wife all her lands, tenaments and her
editaments not previously disposed Of and
shall give judgment in her favor for such
alimony out OF her husbands real and per
sonal property as may be just and equitable,
TO be allowed to her in real or personal prop
erty, or both, or in moneys payable either in
gross or in enstalments, and the court shall
also by their said judgment vest in her the
right and power to acquire, hold, manage
and dispose of property, money, and chooses
in action, and to bring and maintain suits in
her own behalf free from the control or in
reference of her said husband or the same
may be vested in trustees for her use and
benefit
Sec. 10. That when the wife shall ille her
petition under the provisions ofthis act. pray
ing for divorce from her husband, or for
alimony alone the residence of her husband
shall not be so construed as to preclued her
from the provisions of this act.
Sec. Is. A change of venue shall be al
lowed by any court IN which any petition for
divorce or alimony may be filed for the hear
ing and determination of the same upon the
petitioner making application therefor and
making an affidavit that in bis or her behalf
a fair and impartial hearing and determine
ton cannot be had before the court in which
the petition is filed and in case of such change
of venue the cause shall be removed to any
county of the same judicial district for hear
ing and determination.
Sec. IA. That any married woman may
! file her petition in the court of common pleas
setting forth that her husband, from habitu-
al intemperance or any other cause, is about
to waste aud squOnder the property, legal or
equitable money, credits and choose in ac-
IiOn to which she is entitled in her own right,
or any part thereof, or is proceeding fraudu.
lently to convert the same, or any part there
of, to his own use, for the purpose of placing
the same beyond the reach and deprive her
of the benefit thereof, and the court, upon
the hearing of the case, may enjoin the hus-
band from dsposing Of or otherwise interfe-
ring with such property. monies, credits, and
chooses in action, and may appoint receiver
to manage and control the same for the ben
etit of the wife, and may also make such
other order in the premises as they may deem
just and proper, and upon filing of such pe-
tition provisional injunction may be allowed
as in other cases and such petition shall be
filed in the county where said petitioner re-
sides, and the husband of said petitioner
shall be made party defendant to said pc
tition in the same manner as is provided for
by the second section of this act, in the case
of petition for divorce
l.. III