Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1857-06-04
AN ACT
TO amend the act concerning Divorce and Ali.

To amend the act concerning Divorce and Ali
mony, passed March Il, 1853.
SECTION. /. BE 1t enacted By the General Assem-
bly, Of the State Of Ohio, That section three of the
act concerning divorce and alimony, passed March
IL. 1888, be amended SO TO read as follows:
sec :; hat IN all cases where divorce shallbe
applied for the complainant shall tls his or her
peuuan IN the ofiice Of the clerk OF the court OF
common Pies Of the proper county, which petit
ton shall stale tie true ca use OF complaint; and
ii the adverse party is resident of the county in
which the petition Is filed, the clerk OF sand court
shall issue directed TO the sheriff of the
county, which, together with copy OF the petit
uon, shall be served on the adverse party at least
six weeks before fhe hearing of tie case but if the
defendant Is noIa resident OF snch county. then
notice OF the tendency oi said petition containing
the substance and prayer thereof shall be given
by publication IN some newspaper OF general err
Gu. atlon, In the county Which The case Is pend
Ing, Tor the term OF six consecutive weeks, and in
such case summons and copy of he petition
slaA torihg ith on the fling of the periIiOn. be
depoSited In the post Office, directed 10 the deten
dent al. his OF her place OF residence, unless il
shai be made 10 appear TO the court, by affidavit
OF otherw iSe, that such residence Is unknown to
the appiicant and could not with reasonable dill
sence be ascertained by him or her; il the de
iendent shall reside In any other county OF tins
stale, the applicant may, at his or her eecIi0nsI
give nciice by service OF summons and q copy
VI the petiilon least six weeks efore the hear
ing OF said case, and ssid case may be heard and
ascited az any tine aitef the expiration Of sixl
OF summons after the first publication in some
newspaper, as provided in this section
Sac. 2. That section ten OF said act be amend
ed so as to read as follows: Sec. 10. That the
wife may file her pe:ifpn as aforesaid in the court
OF common pleas. for alnonY alone, or IN case al
petition for divorce shall have been tiled by the
husband, she may file her cross petition foF ali
monY, with or without the prayer Tor the dlssoln-
lion OF the, marriage contract; which peuilon or I
So peii ion for iimoIy may De for the following
causes to wit: First, aduItciy; seeond gtess sue
gect OF duty; third abandonrneni of the vile with
out good cause; fourth when there is separalion
in consequence OF Ill treatment the part oil the
husband whether the wife be maintained by the hus
band or not; fifth, habitual drunkenness; and
sixth, confinement in the penitentiary Of Ohio, or
in the peniIenIiary or State prison OF any o; the
United States, or either of the territories thereof
or the District OF Co.um5la, tor any crime Oh
ience OF the same character grade as IS or may
be BY Il claws OF this sIatepunishsd with fmpTlson
mentin the penitentiary. ia which case the appica=
ton shall be made while the husband is 50 cdnhn-
ed. s"
SEC q. That section Is of said act be so amend 1
ed as to read as follows: Sec. Is. Ia all appiica-
lions Tor divorce, or for al1mcny alone and
where the petition is fled snder the tOurteefth Sec
lion o. the act 10 whictkls is amendat0ty WHEN the
Illnesses snail reside in tie county where tie ap
plicatiOn Is made, the petition flied, they shall
unless in case o. inability, be examined IN open
court; but If they shall reside OF ths Ieouny
he unable to attend court their deposition may Re
taken is III other cases; but wheh the adverse
party shall not reside within the county in which
the petition Is pendilg or IN an adjoining county,
shall have attorney OF recoru residing 10 such
county, or In an adjoining county, notice OF the /
time and place OF taking deposiuons shah be given
by publication in some newspaper OF general cir-
erlaron, IN tie county where the case is pending |
Tor th.ee consecutive weeks prior thereto, aud
COPY OF sue 0Ice shall ,.at before the rst pub
6calion thereof be deposited in the post oi.ce ald
cted TO the deendent, at lis her place CT re
sideace, when Sueh residence known to the peu- /
goler, vita leasonaDle diligence, be aSeer
taiEed by him or her. e
SEC. T. That secten seventeen of said act be I
amendt 50 rs To Eead as fellows: Sec H. In al |
cases under this act in which the Court OF Com |
mon Pleas shall dismiss the petition, expect on The
flnal hearing of the case on its merits m cases
which The Court shall give ludgEieRt in favor oi
The wife Tor aliGloDy alone, without granting
divorce, In cases under seeon fourteen Oi said acI
and in where Judgment IS rendered iOF both
divorce and aimony, elIier party appeal irom
any.hnaiJ 'dglAent or order, 10 the District Couri
in other cases. Provided tnaI in caSesunter Sec
lions one and Iwe OF tins act ant IA of the act To
which is Is aniendatory and, IA ali othess cases
under this aet, when the wife snail op7salit
sls shall not be required 10 give bonds if'fo- |
vided also. that in cases wnere Judgment Is fend
cred ior boIh divorce ana amony, the appeal shall
apply only 10 SO much OF the judsmen! Us relates
To the alinlony. ---
SEc. >. That section 9 OF said act be aTaended |
so as 10 read Us follows: Sec. .. That tine said l
COur; while in session, any Judge thereof dur
ing vacation upon sufficient notice the opposite
party, shall have powur TO gralt alImoay to the /
vile tor her susIenance DUNG the Penisacy OF u l
petition isr divorce or alimonyal alone tca ior any
OF the causes aloresaid.
SEC. 6. That original sections 3, 9, 10, Is and |
II OF said act be ana the are hereby repealed
SIC. T. This act snail take effcct on the passage
thereof, and shah apply as well 10 cases now pend-
ing, and cases where an original cross petit
lion tor alimony has been heretofore filed, and /
ruled against the petitioner and the cases removed
in good isiIh, BY appeal or BY fling transcript in
the DIslrict Court elect an appeal and remains
undec ited as to cases hereafter To be commenced |
N. II. VANsVokHES,
Speaker of tie House Of Representatives..
THOMAS n. FORO
~ IL RTSsiueRs ul the Senate,