Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-05-11
Tams pf Obio.
published By. AUTHORITY

4 lW5 HI Wgl1.
published BY. AUTHORITY.
Wo. ia = -'1a AN ACT @
Conoerning Divorce and Ahmony.
% &c r. & =: Thss &c Ss Courts :e sas
h State shall have the cogzance OF granting divorces
''I Frs WSsrs either Of the parties former wife or
husband hyng the time of solemnizing the second
.ssas sags. where eithe, Of the pss sha have been
wifully absent fresia the other three years. -.
Third: Adultery. -
Fowth Impotency. a.
Fifth: Extreme cruelty. asg rs
sixth: Fraudulent contract. @-zz4-..s~4
SEVENTH Gross neglect OF duty.
Eighth: Habitul drunkenness, for three years.
Nnth: Where either party has been shall hereafter be
sentenced to imprisonment and actually imprisoned IN sne
State Territory Of the United states the District Of
sstes a where either party has shall hereafter be
senteeed imprisonment and acsuay ~ s
Ws Of this state the pepentary state prison of
any United sp1ss or sT Of the ssfsSss os There
sesinst the laws of either of said States Territories
The District of Columba provided such crime or offence
AGAINST the laws of State Territory District of CO.
umbia be Of the character grade may be
by the lawof this state punished by int
eaS s as0 Of this m shall be-
made during the imprisonment Of the adverse party
ready declared in this act the several Courts Of Common
Pleas of this State shall have power to grant divorce in
favor Of party applying for the same whenever it shall be
made appear that the husband wife, of such party
has obtained decree of divorce in OF the courts OF
any other State by virtue of which the party who shall
have obtained such decree shall have been released from
the obgaon Of the marriage contract while the same re-
mains binding upon the other party
piled for the complainant shall file his her petition in
office of the Clerk Of the Court of the proper county,
petition shall In all distinctly set forth the true cause
Of complaint and the adverse party is resident OF the
shall issue directed to the sheriff of the county,
which together with copy of the peon shall be served
s9 s @ IS
of the county in which the petition shall be fled then no.
tcs shall be given Of the pendsnes OF sala 6y
the of six consecutive weeks which notice shall con-
tain the substance and prayer Of said and IN snsh
the fling of said petition be deposited in the post Office
directed to party defendant at his her place of
idence unless il shall be made to appear to the satisfaction
of said Court by affidavit Otherwise that such residence
neither known to said applicant can with reasonable
diligence be aseertaned by him or herr or # the adverse
party shall reside any other county of this Sate the
pcant may his her election give notice by service of
and copy of the petition, which service shall
be made at least six weeks before sitting of said Court
provided that nothing in this act shall be so construed as
tsrm AFTER the petition shall be fled
Sec. 4. The party by such summons shall be required
to appear and said petition which answer shall be
received wonfo and if the party complained of shall
not appear appearing shall admit or deny the aega
hear and determine the same, and if upon hearing any
ali of the charges in said petition to be confined
by dsnterested testimony be proved to the satisfaction of
said court the court proceed to the mar
re dissolved and both OF he a I dssn
luton of such marriage shall in no wise affect the losi
order rs for the care and maintenance Of the
children of such marriage any there be- as shall be just
SEC That upon the hearing of petitions for divorce,
the may permit proofs of the admissions Of the par
ties to be received evidence carefully excluding such
niyance, fraud coercion, or other improper means
SEQ 6. That in all where application is made
habation reputation of the marriage Of the parties
shall be admitted and at the discretion of the court jury
trying the canse may be received sufficient evidence of
such marriage any law custom to the contrary
Notwithstanding
reason aggression of the husband the wife shall he
restored to a her hands enaments and not
previously disposed Of and to her maiden name she 50
bands real and as the court sa think
reasonable, having due regard to the property which came
estate time ofsaid divorce which amony may be al
lowed to her In real personal property or bo or by
gross or in insalments as the may deem just and
equitable, and if the wife survive her husband she shall
also be entitled her right of dover in the real estate of
her husband allowed her aimony, of which he
was seized at during the eoverure and to which
she had not her right of dower but the i
she shall be barred Of all right of dover in the lands OF
which husband shall be seized at the time of the f.
hing of the petition for divorce which he may thereaf
ter acquire whether there be issue or not the court
not u dsposed Of
and also such share of the husbands real personal
property or both as to such court may appear just and
SEC. g. That all applications for divorce, for ali
nony under The provisions of this act shall be made in
where the of complaint or took places and the
court shall hear and determine the same whether the
rage place. the of divorce occurred within
the State elsewhere Provided, the petitioner shall be
ling Of his or her petition in the office of said
SEC g. That the said court shall have power to grant
of petition for divorce filed for any OF the causes
sai in the Court of Common Pleas for aimony alone,
without the prayer for the dissolution of the marriage
second Gross neglect Of duty third Abandonment of the
wife without without good cause; fouth When there
sSe hnsSsnd fth 5abituai drunkenness; and sixth Com
6neen in the penenary of Ohio or in the pententary
territories thereof the District of Columbia for any
crime offence of the character grade as or
may be by the laws of this State punished with mprison-
ment in the penitentary, in which case the application
shall be made while the husband is so confined:
SEC II. The proceedings on said petition for aimony
for divorce underline provisions of this act and the said
Court shall upon satisfactory proof of any or all the
ton and maintenance of the children of such mar
rage there be- shall be just and reasonable and
rents not previously disposed Of and shall give judg-
ent In favor for such amony out of her husbands
real and personal property be just and to
be allowed her in real personal property both or
In moneys payable either in gross nstaments, and
shall also by their ssd judgment vest in Der the
right and power to acquire hold manage and dispose of
property money and chooses in action and to bring and
maintain suits in her behalf free f ON the control or
interference CT her said husband the same may be
vested in trustees for her use and benefit
Sec. IL. That when the wife shall file her petition un-
der the provisions of this act praying for divorce from
her husband for aony alone the residence of her
husband shall not be construed to preclude her from
she provisions of this act -
SEC. I3. A change of venue shall be allowed by any
court in which any peton for divorce or amony may be
filed for the hearing and determination of the same upon
the petitioner making application therefor and making an
affidavit that in his her behalf fair and impartial hear
ing and determination cannot be had before the Court
which the petition is filed and in of such change of
venue the shall be removed to county of the
same judicial district hearing and determir
H. That any married woman may file her ,t1fion
in the Court of Common Pleas setting forth that her hus
band from habitual inemperance any other cause
about to waste and squander the property legal or &c
be money credits and chooses in action to which she Is en-
titled in her right any part thereof or proceed
ing faudulenty to convert the part
to his own for the purpose Of placing the beyond
her and depryng her of the benefit thereof and the
court upon hearing of the CASE eDjoin the hus-
band disposng of otherwise interfering with such
property monies Credits and chooses in action, AID may
appoint receiver and control the same for the
benefit of the wife, may also make such other crder in
the premises they may deem just and proper and upon
the filing of such petition provisional injunction be