The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1853-06-24
Z A w s OF OHIO.
rURLIsmED NJ AUTm0RTTY.
AN ACT concerning Divorce aud ALI
mony.

HOu}s
Sec. 1. Be il enacted By the General
Assembly ofihe State Of Ohio, That the
several courts Of common pleas in this
State, shall have ihe cognizance Of
granting divorces, for the following
causes:
F'irsis Where either Of the parties
had former wife OF husband living at
the time Of solemnizing the second mar
riage.
Second: Where ei,her Of the parties
shall have been wilfully absent from the
ether three years.
Third: Adultery. f
Fourth: Impolency.
Fifth. Extreme cruelty.
Sixth: fraudulent contact,
Seventh. Gross neglect Of duty.
Eighth: IIabilual Drunkenness, for
three years.
Ninth: Where either party has been
or shall hereafter be, sentenced TO i'm
pTisonment and actually imprisoned in
the peniieniiary Of this State, or state
prison ofany other State OF Territory Of
The United States, or the District Of Co
lambia, for any violation Of the laws of
tho United States; or where either party
has been OF shall hereafter be sentenced
10 Imprisonment and actually imprisoned
ini the peniieniiary in this State, for any
violation Of the criminal laws Of this
State, or in the penitentiary or state
prison Of any Of Tho United States, or
either Of the Territories thereof, OF the
District OF Columbia, for any crime or
offence against the laws Of either Of said
eStaIes or Territories, or the District OF
Columbia; provided, such crime or Of
fense against The laws of such State,
Territory, or Disirict Of Columbia, be Of
the same character eV grade as is or may
be by the laws Of this State punished by
imprisonment in the penitentiary: ard,
provided also, that all applications for d.
vorce under the ninth clause Of this sec.
ton, shall be made dnring The imprison-
menl of the adverse party. Y
Sec. q. That in addition TO the cause
Of divorce already declared in This act,
the several courts OF common pleas Of
this State shall have power 10 grant 3
divorce in favor Of party applying for
thssame, whenever il shall be made to
appear ihaithe husband or wife ofsuch
party, has obtained decree of divorce
in any Of The courts, Of any other State,
by virlne Of which ths party who shall
have obtained such decree shall have
been released from the obligations Of The
marriage contract while the same re-
mains binding upon the olher party.
Sec. 3. That in all cases where dis
Syorce shall be applied for, the complain
ant shall file his OF her petition in the
Office ol the clerk OF the court Of The
proper county, al least two months be-
fore the sitting Of said court, which peli
lion shall in all cases distinctly set forth
the true cause Of complaint, and il the
adverse party is resident Of the county
in which the petition is 5led, the clerk
of said court shall issue a summons di-
rected to the sheriff OF the county, which
together with copy Of lbe petition, shall
be served on the adverse party al least
six weeks before the sitting Of said cour:
but If the party defendant is not a resi-
dent Of ibe county in which the petition
shall be filed, then notice shall be given
Of the pendency of said petition b pub
LEGATION in some newspaper OF general
circulation, for the term Of six consecu-
tive weeks, which notice shall contain
substance and prayer OF said petition,
and in such case a summons and a copy
OF the petition shall forthwith on The
filing OF said petition, be deposited in the
post office, directed to The party defend-
ant, sl his or her place Of residence, un- |
less il shall be made TO appear TO the
satisfaction Of said court, By affidavit OF
Otherwise, that such residence is neither
known 10 said applicant, nor can with
reasonable diligence be uscertained by
him or her; or II the adverse party shall
reside in any other county ofihis State,
the applicant may, at bis or hsr election,
give notice by service of a summons and
copy Of The petition, which service shall
be mede al least six weeks before the
sitting Of said court; provided, that moth.
ing in this act shall be so construed as to
prevent hearing or decision Of the
cause at The first term after the petition
shsll be filed.
Sec. A. The party by such summons
shall be required 10 appear and answer
said petition, which answer shall be re-
celyed without oath, and ifthe party COM
planned Of shall moi appear, OF appearing,
shall admit Or deny the allegations in
said petition, the court shall thereuponI
proceed to hear and determine the same,
and II, upon hearing any or all Of the
charges in said petition TO be confined 10
the causes enumerated IN the FIRST Sec
ton OF this act, il shall, by disinterested
testimony, be proved 10 tie satisfaction
of said court, the court may proceed to
pronounce the marriage contract dis
solved, and both Of the parties released
from the obligations of the same, provi-