Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1857-07-02

all expenses incident TO such sale; and In case
said premises cannot be sold for that amount
they shall revert to the State in trust for said
township. The court of common pleas of the
proper county may, on application of the trus-
tees, as provided for in section nine of the act
to which this is an amendment, order re-af-
praisement of the premises so forfeited; and the
same NAV be sold in sthe manner herein be-
fore provided for in the sale of such lands not u-
der permanent leases, or leases for ninety -nine
years. 80
Sec 8. Section fifteen of an act entitled "an
act to regulate the saleof school lands, and the
surrender of permanent leases thereto" be, and
the same ishereby repealed.
Sec. 4. This act shall take effect from and
Ra@. NH. VAN WORRIES,
Speaker of the House of Representatives,
THOMAS Fl. FORD,
President of the Senate.
Columbus, April 3, 1857.
AN ACT,
To amend the act concerning Divorce and Ali.
m0ny, passed march ii, 1858. -
Section /. Be Il enacted By the General As
sew26y of the State of Ohio, That section three
of the act concerning divorce and alimony, pass
ed March IL, 1853, be amended so as TO read as
follows: Sec. 8. That in all cases where d.
file his or her petition In the office of the clerk
of the court of common pleas of the proper coun-
ty, which petition shall state the true cause of
complaint; and if the adverse party is resident
of the county in which the petition is filed, the
clerk of said court shall issue summons di-
rected to. the sheriff of the county, which, to-
gether with copy of the petition, shall be..sery-
ed on the adverse party at least six weeks be-
fore the hearing of the case; but if the defendant
IL 80 Il,
the pendency of said petitien, containing the
substance and prayer thereof, shall be given by
publication In some newspaper of general cir
culation, In the county In which the case is pen
ding, for the term of six consecutive weeks and
in such case summons and copy of the petit
tion shall forthwith, on the fling of the petition
be deposited in the post Office, directed to the
defendent at his or her place of residence unless
it shall be made to appear to the court, by af-
fdayit or otherwise that such residence is un-
known to the applicant, and could rot with rea-
sonable diligence be ascertained by him or
her; or if the defendent shall reside in any 9TH
er county of this State, the applicant may, at his
or her election, give notice by service Of a sum-
mons and copy of the petition, at least six
weeks before the hearing Of said case, and said
case may be heard and decided at any time af-
ter the expiration Of six weeks from the service
of notice either by service of summons or after
the first publication in some newspaper, as pro-
vided in this section.
Sec. g That section ten ofsaid act be amend
ed so as to read as follows: Sec. 10. That the
wife may file her petition as aforesaid in the
court Of common pleas, for alimony 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 contract; which Pc
tition or cross-petition tor alimony may be for
the following causes, to wit: First, adultery;
second, gross neglect of duty; third, abandon
ment of the wife without good cause; fourth,
when there is a separation in consequence of i'll
treatment on the part of the husband, whether
the wife be maintained by the husband or moi;
fifth, habitual drunkenness; and sixth, confne-
ment in the penitentiary of Ohio, or in the peni-
tertiary or State prison or any of the United
States, either of the territories thereof or the
District of Columbia, for any crime or offence of
the same character or grade as is or may be by
the laws of this State, punished with imprison-
ment in the penitentiary, in which case the ap-
plication shall be made while the husband is so
confined.
Sec. g.. That section Is of said act be so
amended as to read as follows: Sec. Is. In all
applications for divorce, or for alimony alone,
and in cases where the petition is filed under
the fourteenth section of the act to which this is
amendatory when the witnesses shall reside in /
the county where the application is made, or
the petition filed, they shall, unless in case of in
ability, be examined In open court; but if they
shall reside out of the county or be unable to at
tend court their deposition may be taken as in 4
ether cases; bnt when the adverse party shall
not reside within the county in which the petit
tion is pending, or In an adjoining county, or
shall have no attorney or record residing In such
county, or in an adjoining county, notice Of the
Kill L.
given by publication in some newspaper of gen.
eral circulation, in the county where the case is
pending, for three consecutive weeks prior there
to, and a copy of such notice shall, at or before
the first publication thereof be deposited in the
post Office and directed to the defendept, at his
or her place of residence; when such residence
is known to the petitioner, or can with reasona- /
Bile diligence, be ascertained by him or her.
Sec. a. That section seventeen of said act be
amended 80 as to read as follows: Sec. II. In
all cases under this act in which the Court Of
Common Pleas shall dismiss the petition, except
on the final hearing of the ease on its merits in
cases in which the Court shall give judgmen: in |
favor Of the wife for alimony alone, without
granting divorce, in cases under section four
teen of said act and in cases where Judgment is
rendered for both divorce and alimony, either
party may appeal from any final judgment or
order, to the District Court as in other cases.
Provided, that in cases under sections one and
two of this act and IA Of the act to which this is
amendatory and IN all other cases under this
act, when the wife shall appeal she shall not be
required to give bond: Provided, also, that in
eases where judgment Is rendered for both di-
vorce and alimony, the appeal shall apply only
TO 90 much Of the judgment as relates to the all
mony. ~ i
Sec. S. That section nine of said act be |
amended SO as TO read as follows: Sec 9. That |
the said Court while In session, or any Judge
thereof, during vacation, upon sufficient notice
to the opposite party, shall have power to grant
alimoay to the wife for her sustenance during the
Pendency of a petition for divorce or alinony
alone filed for any of the causes aforesaid.
Sec. 6. The original sections 3, 8, 10, is and
IL of said act be and the same are hereby re-
pesled.
Sec. 7. This act shall take effect on the pas
sage thereof. and shalIapply as well to cases now
pending, and to cases where original or cross
petition for alimony has been heretofore fled,
and ruled against the petitioner and the ease re-
moved IN good faith, by appeal or by filing a
transcript in the District Court to effect an ap-
peal, and remains undecided as to cases hcresf-
ter to be commenced --------
Nh. VAN WORRIES, 1
Speaker Of the House of Representative,
THOS. a. FORD,
-TE.u S.g-- 4. President of the Senate.
Columbus April Is, 1857. 4
-s--sA SECRETARY OF SrArE's OrrrcE,
f5}s -. 49,, CoLUHBUs, April %, 1857. 4
= hereby certify that the foregoing acts are cor
rectly copied from the original rolls on file in