The Tiffin tribune. [volume] (Tiffin, Ohio) 1848-1859, 1857-05-15
April14. 1857.


mo. 1861 AN. ACT
To amend the act concerning Divorce and Alimo-
ny, passed March IL, 1853
Section 1 Be it enacted by the Gener-
al Assembly Of the State of Ohio, That
section three Of the act concerning divorce
and alimony, passed March IL. 1858, be
amended 80 as 20 read as follows: See. 8.
That in all cases where a divorce shall be
applied for, the complainant shall file his
or her petition in the Office of the clerk Of
the court Of common pleas Of the proper
county, which petition shal state the true
Cause Of complaint; ami it, the adverse
party is a resident of the county in which
the petition is filed, the clerk Of said
court shall issue a summons directed to
the sheriff of the county, which, together
with a copy Of the petition, shall be serv-
ed on the adverse party at least six weeks
before the hearing of the case; but il the
defendant is not o resident of such coun-
ty, then notice of the pendency of said
petition, containing the substance and
prayer thereof, shall be given by publica-
ton in some newspaper Of general circu-
lation, in the county which the case is
pending, for the term of six consecutive
weeks, and in such case a summons
and copy Of the petition shall forthwith,
on the filing of the petition, be deposited
in the post office, directed to the defend
ant at his or her place oCresidenco, unless
it shall be made to appear in the court,
! by affidavit or otherwise that such resi-
dence is unknown to the applicant, and
could not with reasonable diligence be as
certained by him or her; or if the defend
ant shall reside in any other county Of
this State, the applicant may, at his or
her election, give notice by service of a
summons and a copy of the petition, at
least six weeks before the hearing of said
case, and said case may be heard and de-
cided any time after the expiration OF six
weeks from the service of notice of sum
mons or after the first publication in some
newspaper, as provided in this section.
See. 2 That section ten Of said act be
amended so as to read as follows Sec.
10. That the wife may file Ter petition
as aforesaid in the court ofcommon pleas
for aimony alone, or in case petition
for divorce shall have been filed by the
husband, she may file her cross petition
for alimony, with or without the prayer
for the dissolution of the marriage con
tract; which petition or cross petition for
alimony may be 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 a separation ia consequence
of illtreatment on the part ofthe husband
whether the wife be maintained by the
husband or not; fifth, habitual drunken
ness; and sixth, confinement in the peni-
tentiary of Ohio, or in the penitentiary
or State prison of any Of the United
STATES, or either of the territories thereof
or the District Of Columbia, for any
crime or offence of the same character OF
grade as is or may be by the laws of this
state, punished with imprisonment in
the penitentiary, in which case the appli
cation shall be made while tho husband
is so confined. r.t
Sec. 3. That section ! 5 of said act b'
so amended as to read as follows; Sec. X
In all applications for divorce, orfor al
iHONy hluiNf anu III Nuncb WhIiv ttiu pNtA
ton is fled under the fourteenth section
of the act to which this is amendatory
when the witnesses shall reside in th'
county where the application is made, o.
the petition fled, they shall, unless il
case Of inability be examined in oper
, court; but il they shall reside ont Of th'
county, or be unable to attend court thei
deposition may be taken as in other ca
ses; bus when the adverse party shall no
reside within the county in which the pc
tition is pending, or in on adjoining
, county, or shall have no attoFRag Of rec
: ord residing jn such county, or in an ad
? Joining coun;y, notice OF the time am
, place Of taking depositons shall be giveI
: by publication in some newspaper o
/ general circulation, in the county wher