The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-05-06

provided that the dissolution Of such marriage shal
in no wise affect the legitimacy OF the children there
of and the court shall make such order for the Ills
position, care and maintenance Of the children o
such marriage; II any there be- shall be Just and
reasonable.
SEC. S. That upon the hcaring OF petitions for
divorce, the court may permit proofs of the admis
sons OF the parties to be received in evidence, care
fully excluding such they shall find to be.
lieve have been obtained by connivunce, fraud
coercion, or other improper means.
i SEc. 6; That in all cases where an application is
made for divorce, under the provisions OF this act
proof of co-habitatlon, 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 evidence OF such marriage
any law, usage custom to the contrary, notwith-
| standing.
SIC. l. That where divorce shall be granted,
| by reason Of the aggression o the husband, the
wife shall be restored TO all her lands, enements d.
| hereditnments not previously disposed OF, md 10
her maiden name If she so DESIRES and shall he al
lowed such alimony cut Of her husbands real and
personal property, the court shall think reasonable,
him By @ marriage and The EaiIe u his Ieui and i per
sonal estate at the time of said divorce, which ali.
niony may be allowed to her in real personal pro-
perty, or both, by decreeing to her such SUM OF
money, payable either in gross, or ip instruments,
as the court may deem just and equitable and 1t the
wife survive her husband she shall also be entitled
TO her right Of dover in the real estnte OF her hus
seized at any time during the coverture and to which
she had not renquished her right ct dover; but II
the divorce shall arise by OF the aggression OF
the wife, she shall be 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
issue not, and the court shall order to her, resoa
ton OF the whole of her lands, tenements or here
dtaments not previously disposed Of aud also such
share of the husbands real personal property, or
both, as to such moy appear just and reason
able.
SEC. 8. That all applications for divorce, OF. for
amony, under the provisions Of this act, shall be
made in the county, where the complainant, bona
fde, resides at the time Of making such application,
in the county where the cause OF complaint arose
or 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 else
where: Provided the petitioner shall be resident
OF the State, at least one year next before the hng
of his or her petition in the clerks Office oil said
court. . ,'
SEC. 9, That the said court shall have power to
grant amony to the wife for her sustenance during
the pendency of petition for divorce filed Tor any
Of the causes aforesaid. .
SEC. 10. That the wife may file her petition 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
When there is separation in consequence OF Ill
treatment OH the part of the husband filth, habiual
drunkenness and sixth, Confinement Ill inc pen
teniiary of Ohio or in the penientiary or State
prison of any of the United States or either OF the
territories thereof the District OF Columbia for
my crime or offence of the same character or grade
as is or may be by the laws OF this State punished
with imprisonment in the penitentiary,, in which
the application shall be made while the husband
is so confined.
| SIC. H. The proceedings on said petition for
alimony alone shall in all respects be conducted as
in applications for divorce under the provisions OF
this act and the snid Court shall upon satisfactory
proof of any ali the charges in said petition make
such order for the disposition care and maintenance
of the children of such marriage, ii any there be, as
shall he Just and reasonable and restore to the wife
oil her lands tenements and hereditaments not pre-
viously disposed of and shall give Judgment in her
favor for such ulimony out OF her husbands real anu
personal properly may be just and equitable, to be
allowed to her in real personal property or both,
or in moneys payable either in gross or IN install
ments and Tie Court shall also by their said iudg-
ment vest in her the right and power to acquire hoid'
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 interference OF
her said husband; or the same may be vested In
trustees for her use and benefit ,.--..
SIC. r. That when the wife shall file her pe'i-
ton under the provisions of this act, praying Tor
divorce from her husband, for alimony alone, the
residence OF her husband shall not be 80 construed
as to preclude her from the provisions OF this act.
SIC l3. A change OF venue shall be allowed ny
any court in which any petition Tor divorce or an.
mony may be filed for the hearing x determination
therefor and making an affidavit TINT i'll his or her
behalf fair and impartial hearing and determine
ton cannot be had before the Court IN winch 'he
| petition is filed and in case OF such chnnge OF
| venue the cnuse shall be removed 10 any county o
the same judicial district for hearing and deietnlna
! ton. e, l.,
SEC. H. That nny married woman may file hol
petition in the Court OF Common Pleas, setting iortt
| ibat her husband from habitua intemperance or any
other cause is about TO waste and squander the pro-
perty legal or equitable money, credits and choses
In nc;lon TO which she is entitled in her own right
or any part thereof is proceeding trauduienty to
| convert the same, or any part thereof, TO his own
use for the purpose OF placing the same beyond her
reach and dcpriving her of the benefit thereof anc
the court upon the hearing OF the case may enJof
the husband from dsposing Of or Otherwise
ing with such property, monies, credits, and chose'
| in action, and may appoint receiver 10 manage
control the same for the beneht OF the VIE, ana may
also make such other order in the premises as they
may deem just and proper, ana upon the h'lhg U
such petition a provisional Injunction may be allow
ed us in other cases; and such petition shall be fe'
in the county where said petitioner resides and th'
husband OF said petitioner shall be made paf!!
defendant TO said petition in the same manner AZ l.
provided for by the second section of this act' IN h'
/, cuse of petition tor divorce
Sic Is In all applications for divorce, or to-
alimony alone, and in cases where tne pe.ioh
filed under the eleventh section OF this act v her
the witnesses shall reside in the county IN when I'M
application is made, or the petition filed, they sinai
be examined in open court, but II they shaii reside
. their deposition may be taken as in other cases bu
when the adverse party shall not reside within, tn
county where the application or petition is pending
or in an adjoining county shall not have an attor
neyre siding in the county where such application
7, petition is pending or in adjoining county, tn
a usual notice of the time and place OF taking sue
deposions shall not be required, but in such case
notice OF the time and place of taking such depos
tions, shall be given by publication in some new:
n puIIui si---l-.;"1 -; A. ~~.-'" uIhnre the
pcnding for three consecutive weeks before the nm
Of taking such dispositions, and coFyoi such noc
shall at or before the first publication thereof be dt
II posted in the post office, properly directed to tn
II party defendant at his or her place OF residence
u when such residence is known to the peuioner',
y can with reasonable diligence be asceriained by MI
!, | or her. Hi. e. 1;o
y SEC. l6. Thatin the case Of petition Tor dlyorG
70 or petition for alimony alone, no appeal shail
or allowed from any judgment or order OF the Court
70 Common Pleas 10 the district court. 'i
'e SIC. IT. That in arising under tho eleven,
y section of this act either party may appeal iro
ie ony final Judgment or order OF the Court OF Commo
y Pleas 10 he District Court as IN othrr cases; o.
H. when such appeal is taken by the petitioner 81
G. shall not be required to give bond. --
" SEC 49, That the act entitled An ACT concer
" ing divorce and aimony," passed March olh' A.
er lSiO and an act entitled "An act to amend az
=. concerning divorce and elimony," passed Mar
e 29th, is4I and an act entitled IAN act TO amend