The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1853-06-24

4 itiCullos
Sec. 6. That 10 oil cases where ar
application is made for divorce, under
the provisions Of this acl, proof of CO.
ha5iiaiion, and reputation OF the mar
rage Of the parties shall be admitted
and at the discretion Of The court or jury
trying The cause, may be received as
sufficient evidence Of such marriage, any
law, usage or custom to the contrary,
Notwithstanding.
Scc.7. That where divorce shall
be granted, by reason OF the aggression
Iof the husband, the wife shall be res.
tored 10 all aer lands, ienemenis and
herediiments, not previously disposed
Of, and TO her maiden name, if she SO
desires, and shall be allowed such ali
mony out of her husban rs real and per
sonal property, as The court shall think
reasonable, having due regard 10 the
properly which came 10 him by marriage,
aud the value Of his real and personal
estate, at the time Of said divorce
which alinony may be allowed 10 her in
real or personal property, or both, or by
decreeing to her such sum Of money,
payable either in gross, OF in nsialmcnis,
aslhe court may deem just and equitable,
and it the wife survive her husband, she
shall also be entitled to her right Of
dover in the real estate of her husband,
not allowed 10 her as alimony, Of which
he was seized at any time during the
coverture and TO which she had moi relin-
quished her tight Of dover; but If The
divorce shall arise by reason Of the az
grcssion Of the wife, she shall be barred
OF alright ofdowerin the lands ofwhicl
her husband shall be seized at the tin
ofthe filing ofthe petition for divorce, OF
which he may thereafter acquire, whether
there be issue or not, and the court shall
order 10 her, restoration of the whole Of
her lands, tenements or hereditamenis
not previously disposed Of, and also such
share of the husbands real or personal
property, or both, as 10 such court may
appear just and reasonable.
Sec, 8. Tha, all applications Tor di
vorce, or for aliEony, under the provis'
ions Of this act, shall be made in the
county where the complainant, bona
| fide, resides, at the time Of making such
application, OF inaihe county where the
cause Of complaint arose OF took place
and the court shall hear and determine
the same, whether the marriage took
place, or the cause. Of divorce occurred
within the State or elsewhere; provided,
the petitioner shall be a resident Of the
State, a: least one year next before the
filing Of his or her petition in the clerks
Office oc said court, iss,.. 0,aGs an. 'as .@ 4
Sec. 8. That the said court shall
have power 10 grant alimony 10 the wife
for her sdstenance during the tendency
Of a petition for divorce filed for any oI
the causes aforesaid.
Sec. TO-. That the wife may file heI
petition as aforesaid in the court Of com
mon pleas for aimony alone, withou, the
prayer for the dissolution Of The marriage
contract for the following causes. 70
wits First Adultery; second, Gross
neglect Of dlity3 third, Abandonment Of
the wife without good cause; fourth,
When thore is separation in conse-
quence Of illHeaiment on the part Of the
husband; fifth, Habitual drunkenness;
and sixth, Confinement in the peni.en-
tiary Of Ohio, or in the peniIentiary or
state prison Of aay Of the United States,
or either of the Territories thereof, or the
District Of Columbia, for any crime or
offense Of the same character or grade as
is or may bo by ihe laws of this State
punished with imprisonment in the penis
tenuary, in which case the application
shall be made. while the husband IS so
confined.
Sec. IL, The proceedings on said
petition for alirnony alone shall in all res
pecls be conducted as in applications for
divorce under The provisions Of this aci,
and The said court shall upon satisfactory
proof Of any or all The charges in said
petition make such order for the dispo-
silion, care and maintenance Of the chill
dren Of such marriage, if any there be,
as shall be jus. and reasonable, and res
lore 10 the wife al her lands, lenements,
and hereditaments mol previously dis
posed Of, and shall give judgmen, in her
favor for such alimony out Of her hus-
bands real and personal property, as may
be just and equitable, 10 be allowed to
her in real or personal property, or both,
or in moneys payable either in gross Or
in instruments, and the court shall also
by their said Judgment vest in her the
right and power 10 acquire, hold, manage
and dispose Of property, money, and
chooses in action, and TO bring and main.
tain suits in her own behalf free from The
control or interference Of her said hus>
band; or the same may be vested in
trustees for her use and benefit.
Sec. IL. That when the wife shall
file her petition under The provisions Of
This act, praying for divorce from hes
husband, or for alimony alone, the resi-
dence of her husband shall no, be SO
construed as TO preclude her from the
provisions OF this act,