The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-05-25
LAWS CT 0HiO.
PUBLISHED BY AUTHORITY.
mo. III AN ACT

sembly of the State of Ohio, That the sever
al Courts Of Commqn Pleas in this State
tohali have the cognizance Of granting dI
Eorces, for the 70 lowing causes;
First; Where either of the parties had 1
former wife or husband living, at the time o
solemnizing the second marriage.
Second: Where either of the parties shall
have been wilfuliy absent from the othe
three years.
Third: Adultery.
Fourth: ImpOtency.
Fifth: Extreme cruelty.
Sixth: Fraudulent contract.
Seventh: Gross ne 5lect OF du'y.
Eighth: Habiual drunkenness, for three
years.
Ninth: Where either party has been OF
shall hereafter be sentenced to imprison
mept and actually imprisoned in the pen.
i,entlary ofthiS Safe, or state prison OF any
other State or Territory OF the Uni,e States,
or the District of Columbia, for any viola
ton Of the laws of the United States; OF
where either party has been or shall here
after be sen enced to imprisonment and ac-
tually imprisoned in the penitentiary in this
state, for any violation OF the criminal laws
Of this state, or in the peniteniary or state
prision Of any of the United States OF either
of the territories thereof, or the District of
Columbia, for any crime or offence against
the laws of either of sal States or Terri5o
ries, or the District Of Columbia; provided
such crime or offence against the laws of
of such State. Territory, or DisE ct of Co,
lumhia, be of the same character OF grade
as is or may be by he laws of this 5 ate
punished by imprisoamen; i'll the penitrn
ary; and provided, also, thai a / applications
for divorce under the ninth clause of this
SECTION shall be made daring the imprison.
menC of the adverse party
Sec. 2. That in addition to tie causes of
divorce already declared in this act. the sew
eral Courts of Common Pleas Of this State
shall have power TO grant a divorce in fa-
vor of party applying for the same when
ever 1t shall be made to appear that the
husband or wife, of such parry has obtain
cd lec:e .; divorce in any of the courts, of
any Other State, by virtue of which the party
who shall have been obtained such decree
shall have been released from the obligatian
Of the marriage contract while the same
remains binding upon the other party
Sec. 3. That in all cases where d.
vorce shall be applied for. the complainant
shall file his or her petition in the Office of
The Clerk of the Court of the proper county,
at least two months before the sitting Of said
court, which petition shall in all cases dis
tinctly set forth the true cause OF ofccmplaint,
and if the adverse party is a resident of the
county in which the petition is filed, the
Clerk Of said Court shall issue a summons
directed to the sheriff of the county, which
togethe, with a copy cf the petition, shall
be served on the adverse party at least six
weeks before The sitting Of said Court; but
if the party defendant is not a resident Of the
county in which the petition shall be filed,
then notice shall be given of the pendency
OF said petition by publication in some news
paper OF general circulation, for the term of
SIX consecu i've weeks, which notice shall
contain the substance and prayer of said Pc
tition, and in such case summons and a
copy oftke petition shall forthwith on the
filling of saia petition, be deposited in the
post-oiice, directed to the party defendant,
at his or her place ofres iderce, unless it shall
be made to appear to the satisfaction Of sail
Court, by affidavit or otherwise, that such
is neitner known to said applicant,
nor can with reasonable diligence be ascer-
tanned by him or her; or if the adverse party
shall lie in any other comfy of this State,
the applicant may, at his or election, give
notice by service of summons and copy
of the petition, which service shall be made
at least six weeks before the sitting Of said
Court; provided, that nothing in this act
shall be SO construed as to prevent hear
ing or decision of the cause at the first term
after the petition shall be fled
Sec. 4. The party by such summons
shall be required to appear and answer said
petition, which answer shall be received
without oath, and if the party complained of
shall not appear, or, appearing, shall admit
Qr deny the allegations in said petition, the
court shall thereupon proceed to hear and
determine the same, and if, upon hearing
any OF all of the charges in said petition to
be confined to the causes enumerated in the
first section of this act, it shall, by disinter-
ested testimony, be proved to the satisfac
ton of said court, the court may proceed to
pronounce the marriage contract dissolved,
and both of the parties released from the
Of the same, provided, that the
dessolution of sLch marriage shall in no
wise affect the legitimacy Of the children
thereof; and the court shall make such Or
der for the disposition, care and maintenance
of the children of such marriages..if any there
be, as shall be just and reasonaiJie.
Sec. s. That upon the hearing of peti-
tons for divorce, the court may permit proofs
of the admissions of the parties to be receiy-
cd in evidence, carefully excluding such as
they shall find reason to, believe have been
obtained by conniyance, ffaud, correc ction,
or other improper means.
: Sec. 8. That in all cases where an ap-
plieation is made for divorce, under the
provisions of this act, proof of co habition
and reputation Of the marriage Of the par
ties 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.
Sec. Z. That where q divorce shall be
granted. by reason of the aggression Of the
husband, the wife shall be restored to all
her lands, tenements and heYSditaments, not
previously disposed Of, and b her maiden
name if she SO desires, and shall be allowed
such alimony out Of her husbands real snd
personal property, as the court stall tl.ink
reasonable. having dSs regard 70 the ysop-
srty which came y Aia ~ Nssrisgs, sad