The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1853-05-05

petition by publication in some newspa.
per Of general circulation. for the term oi
six consecutive weeks, which notice shall
contain the substance and prayer Of said
petition, and in such case summons and
copy of the petition shall forthwith on
the Glling of said petition, be depos.
tied in the post office, directed to the
party defendant, al his or her place oil
residence, unless il shall be made 10 ap.
pear TO the satisfaction OF said Court, by
affidavit or otherwise, that such residence
is neither known to said applicant,no can
with reasonable diligence be ascertained
by him or her; or if the adverse party
shall reside in any other county of this
State. the applicant may, at his or her
election, give notice by service OF sum,
nous and copy of the petition. which ser.
vice shall be made at least six weeks be-.
fore the sitting of said Court: provided,
that nothing in this act shall be so con.
Strued as 10 prevent hearing or decision
OF the cause at the first term after the
| petition snail be hled.
SEC. 4. The party by such summons
shall be required to appear and answer
said petition, which answer shall be re.
ceived without oath, and if the party com,
planned Of shall not appear, or, appearing,
shall admit or deny the allegations in said
petition, the court shall thereupon proceed
TO hear and determine the same, and if.
upon hearing any or all Of the charges in
said petition 10 be confined 10 the causes
enumerated in the first section of this act.
it shall, by disinterested testimony. be
proved 10 the satisfaction of said court the
court may proceed to pronounce the mar
riage contract dissolved, and both of the
parties released from the obligations Of the
same, provided, that the dissolution oI
such marriage shall in no wise affect the
legitimacy of the children thereof; and
the court shall MAX such order for the
deposition, care andmainlenance of the
children of such marriage, if any there
be, as shall be Just and reasonable.
Sec. 5. That upon the hearing Of peti.
tions for divorce, the court may permit
proofs of the admissions of the parties to
be received in evidence. carefully excu.
dign such as they shall find reason 10 be.
lieve have been obtained by connivance,
fraud, coercion. or other improper means.
Sec. 6. That in all cases where an ap
plicaton is madefor divorce. under the
provisions of this act, proof OF co habita.
ton. and reputation Of The marriage of
the parties shall be admitted, and at the
discretion OF the court or jury trying the
cause, may be received as sufficient evil
dence Of such marriage, any law, usage
or custom to the contrary notwithStdn.
ding
Sec. 7. That where a divorce shall be
granted, by reason of the aggression of
the husband the wife shall be restored TO all
her lands, tenements and hercditaments,
not previously disposed of, and to her
maiden name if she SO desires, and shall
be allowed such alimony out of her hus-
bands real and personal property, as the
court shall think reasonable, having due
regard to the property which came to him
by marriage, and the value of his real
and personal estate, at the time of said
divorce, which alimony may be allowed
to her. in real, or personal property, or
both, or by decreeing to her such sum of
money, payable either in gross, or in in
stallments, as the court may deem just
and equitable, 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 seized at any time during
the covcrture and to which she had notrc-
linquished her right of dover; but if the
divorce shall arise by reason of the ag-
gression 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, whe-
ther there be issue or not, and the court
shall order TO her, restoration OF the
whole of her lands, tenemcnts or here
ditaments not previously disposed of, and
also such share of the husbands real or
personal property, or both, as to such court
may appear just and reasonable. .
SEC. 8. neutrality-suspicious. fordivorce,
or for alimony, under the provisions of
this act, shall be made in the county,
where the complainant, bona fide, resides,
at the time of making such application,
or in the county, where the cause OF com
plant arose or took place; and the court
Shall hear and determine the same, wheth.
er the marriage took place, or the cause OF
divorce occurred within the State or else
where: Provided, the petitioner shall be
a resident of the State, at least one year
next before the filing of his or her peti-
ton in the clerks office of said court.
SEC. 8. That the said court shall have
power to grant alimony to the wife for her
sustenance during the pendency of a pc
tition for divorce filed for any OF the
causes aforesaid.
SEC. 10. That the wife may file her
petition as aforesaid in the Court of Com
mon 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, Whontherc
is a separation in consequence of illtreat-
ment on the part of the husband fifth,
habitual drunkenness; and sixth, Contine-
ment in the penitentiary of Ohio, OF in
the penetentiary or State prison of any of
the United States or either of the terrific
ries thereof or the District of Columbia
for any crime or offence Of the same