The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1857-06-11
OF OHIO.
PuBLIsHED By AUTHORITY.
No. 1876 AN ACT


SECTION 1. Be 1t enasted By the Gene
raj assembly cfhe STATE Of Ohio. That
section three of the act concerning di-
vorce and alimony, passed March II,
! 1853, be amended SO as TO read as iol.
| lows: Section 8 That in all cases where
a divorce shall be applied for, the COM
|plainant shall file his or Der petition in the
Office of the clerk of the ult ofcommon
pleas of the proper cou4 in which the
petition is fled, the cleTT Of said court
shall issue summons directed to the
sheriff of the county, which, together
with copy Of the petitini7, shall be SER
we'd on the adverse pafty at least six
weeks before the hearing of the case; but
| if the defendant is not resident of such
county, the notice of the pendency of said
petition, containing the substance and
prayer thereof, shall be egiven by publica-
ton in some newspaper Of general circu
lation, in the county in which the case is
pending, for the term Of six consecutive
weeks, and in such case a summons
and copy of petition shall forthwith. on
the fling of the petition be deposited in
the post Office, directed to the defendant
at his of her place of residence, unless it
shall behade to appear to 1.-the court, by
affidavitSor otherwise that such residence
is unknown to the applicant, and could not
with reasonable diligence be ascertained
by him or her; or if the defendant shall
reside in any other county Of this State,
the applicant may at his or her election
erixy hu IF nj
a 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 after the expiration of six weeks
from the service of notice either by SER
vice of summons or after the first publica
ton in some newspaper, as provided in
this section.
Sec. G. That section ten Of said act
be so amended as to read as follows
Section 10. That the wife may file her
petition as aforesaid in the court of COM
mon pleas, for alimony alone, or in case
petition for divorce shall have been filed
by the husband, she may file her cross
peti ion for ahmony, with or without the
prayer for the dissolution of the marriage
contract; which petition or cross petition
for alimony may be for the following
causes to wit: First. adultery; second.
gross neglect OF duty:Athird, abandon
ment of the wife without good cause;
fourth when there is separation in con
sequence of i'll treatment on the part Of
the husband, whether the wife be main
tanned by the husband or not; fifth, ha-
bitual drunkenness; and sixth, eonfne-
ment in the penitentiary of Ohio, or in
the penitentiary or State prison of any Of
the United States, or either of the terrific
ries thereof, or the District of Columbia
for any crime or offence of the same char
acter or grade as is or may be by the laws
of this State, punished with imprisonment
in the penitentiary, in which case the ap-
| plication shall be made while the hus-
band is so confined.
Sec. 3. That section / 5 of said act be
SO amended as to read as follows: Section
Is. In all applications for divorce, or
for alimony alone, and in cases where the
petition is filed under the fourteenth sec
ton of the act to which this is amendato-
ry when the witnesses shall reside In the
county where the application is made, or
the petition filed, they shall unless in case
Of inability, be examined in open court;
but if they shall reside out of the county
or be unable to attend court, their depo-
sition may be taken as in other eases;
but when the adverse party shall not re-
side within the county in which the petit
ton is pending, or in any adjoining coun-
ty, or shall have no attorney of record
residing in such county, or i'll an adjoin'
ing county, notice of the time and place
on taking dispositions shall be given by
publication in some newspaper of genera
circulation in the county where the case
is pending, for three consecutive week;
prior thereto, and accept of such notice
shall, at before the first publication hereo
be deposited in the post office. and direct
ed to the defendant, at his or her place o
residence, when such residence is known
to the petitioner, or can with reasonable
diligence, be ascertaired BY him or her
SEC. 4. That section seventeen o
r said act be SO amended as to read as fol
lows: Section II. In all cases under
this act in which the Court of Common
Pleas shall dismiss the petition, excep
on the final hearing of the case on it
| merits IN cases in which the court shal
give judgment in favor of the wife for ali
mony alone, without granting divorce
a in cases under section fourteen of sal
, act and in cases where judgment is ren
dered for both divorce and alimony, Ell
ther party may appeal from any fns
s judgment or order, to the district coul
r as in other cases: Provided, that in case
under sections one and two of this act an
n IA of the act to which this is amendatc
ry and in all other cases under this &C
when the wife shall appeal, she shall NJ
be required to give bond: Provided, als'
that in cases where judgment is render
a ed for both divorce and alimony, the az
peal shall apply only to SO much of tt
Judgment as relates to the alimony.
SEC. 5. That section nine of said a
be so amended as to read as follows:-
% Section 8. That the said Court while
session, or any Judge thereof. during VI
cation. upon sufficient notice to the o.
- posie party. shall have power to gra
,u alimony to the wife for her sustenan,
to during the pendency of a petition for d
vorce or alimony alone, filed for any
. the causes aforesaid.
e. SEC. 6. That original sections 8.
10, Is. and II of said act be and the san
If are hereby repealed.
Crn TL:a I'LL