Evening star. [volume] (Washington, D.C.) 1854-1972, 1855-01-09
WASHINGTON NEWS And GOSSIP.

festo signed &c A Native Citizen of the Dis
trict," lift up their hands in holy horror At
the provision of the bill which confers upon
the Court of Equity what they term 81 that
most monstrous power of granting divorces in
cases az Uhach they can nor be granted in
Maryland ~ and they boldly challenge any
body provided he Is not member of Con-
gross from MarylandD to tell them what
those cases are.
We confess that We were little at loss to
comprehend how they could know that 1t is so
/" monstrous," and yet at the same time know
nothing at all about it. Nevertheless, since
they seem so anxious for more light on the
subject, and since they have made their invi
tation so general. We humbly beg leave to
present, in short compass, the whole law Of
Maryland on the subject, assuring these gen
tlemen that, if they will only make en- effort,
they will be enabled, in the short space of
two minutes, to know it " as Familiarity as
they do their Dilworth or their Cocker" and
perhaps more so:
Laws Of Maryland for ls41-chapter 262.
IN act to give TO the Chancellor, and the County
Courts as Courts of Equity, jurisdiction in cases OF
divorce.
Sec. l. Be 1t enacted by the General Assem-,
oty u maryland, That from and after the
passage of this act, the Chancellor or any
| county court of this State, as court of equity
shall have jurisdiction of all applications for
divorces, and any person desiring a divorce
| shall HE his or her petition or bill to the
chancellor or in the county court, as a court
| Of equity, Vhers the party resides against
| 'choma tie petition rs .Jsted,* or if he party
| against whom the petition is fled be non
| resident, then such petition may be fled in the
nigh court of chancery or county court, as a
court OF equity; where the petitioner resides,
and upon such petition the same process, BY
| summons, notice, or otherwise, shall be had to
procure the answer and appearance Of a de-
fendant as is now had to a bill in chancery,
and in all cases when, from the default of the
defendant, bill in chancery might be taken
pro eontessO, the county court as a court of
equity or Chancellor, On a petition for q di-
VOrce, snail order commission to take testi
monv ez parte, and shall decide the case upon
the proof taken under such com mission.
Sec. 2 And be 1t enacted, That upop the
hearing OF any petition for a divorce, the
chancellor or the county court, as a court of
equity, ss the case may be, may decree a d.
Vorce, d 0tncufo matrimon.a, for the following
causes, to wit: First, the impot ence of eth cr
party at the time Of the marriage; secondly,
ior any cause which by the laws of this State
renders marriage null and void u6 intlao:
thirdly, 70: adultery; fourthly, when the party
complained against has abandoned the party
complaining, and has remained absent from,
the State for tivs gears
Sec. ). A7ad be 1T enacted, That upon such
petitions as aforesaid, divorces q aneusa ct
thoro, may be decreed for the following
causes 20 wit: First, cruelty Of treatment;
secondly, excessively vicious conduct, aban-
comment and desertion, and the Chanc ellor or
any county court, as a court Of equity, NAV
uecree divorce, n1enS0 ct thor0, in cases
"here divorce, UincuiO matrlmonl5, is
prayed, II the causes proven be sufficient to
entltle the party to the same under the pro-
Visions of this act, and in all cases where a.
divorce is decresd, the court passing the same
shall have full power to award alimony to the
wife, and to awlC. i. the wife such Dropertv
or estate as she bad when married, or the
value OF the same, or Of such part thereof as
may have boon sold Or converted by the hu.-
band, having regard to the circumstances of
the husband at the time Of the divorce, o. such
part Il any such property as the court or
chancellor may deem reasonable, and also
nave power to order and direct who shall have
the guardianship and custody of the chidren
and be charged with their support and main.
tenance.
Sec. a. And be 1T enacted, That in all cases
where the facts are disputed, tie same pro-.
ceedings shall be had to procure testimony
which are now used In suits in chancery.
Sec. 5. amt be IT enacted, That no person
snail De entitled to make application for d.
vorce under this act when the causes for di-
voree occurred In another State, unless such
herson go applying shall have resided within
tais STATE Tor two years next preceding his or
her application.
*Act of 1S45-chapter 33O.-Whereas, the
act passed at December session, IS41, chapter
262' requires that when party sues for a di-
Ivorce IL the county court as court of equity,
he or she shall file his or her petition or bill
IL me court of the county where the party
against whom the divorce is sought resides:
ami whereas, Instances may occur in which it
would be conducive to the interest and conve.
nlence Of the party petitioning, to have the
right to petition in the county in which he or
she may reSide-therefoI
Sec L. BE 1t enscted by the GsaeraL As
SeDabfy of maryland, That from and after he
passage Of this act, in all cases Of application
TO the county courts of this State for divorce
l; shall and may be lawful for the party an
plying to file his or her petition or bill, either
IN the court OF the county where he or she
may reside, or in the court of the county
where the party against whom the divorce is
sought may reside, at the option of the appli-
cant or petitioner
See. And be 1t enacted, That all acts, or
parts Of acts, inconsistent with the provisions
OF this act, be and the same are hereby re-
pealed.
I Act Of 1874, chap 3O6-Be 1t enacted bv
tie General Assembly Of Maryland, That ali
such parts of the second section of the act to
which this is q supplement, ACT of 1912, chap.
262) as require absence from the State for Eve
years on the part of the party complained
against, as cause for divorce q vineulo ma
trtmonsi, be and the same are hereby re.
pealed: PrOUaded, hoaoepsr, that the cbaneel-
lor ana tho county courts, as courts Of equity,
shall in no case decree a divorce rtuculo
on account of abandonment on
the party complained against, unless they
shall be satisfied by competent testimony, that
such abandonment has continued uninterrupt.
edly for at tsast three gears, and is del. ber-
ate and final, and the separ ration of the par
ties beyond any reasonable expectation Of re-
Cancellation.