Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1857-05-27
La US OF OHIO.
puBLIsHED BY AUTHORITY.
[Ko. 1861 AN ACT
To amend the act concerning Divorce
and Alimony, passed Msrch IL, 1858.

and Alimony, passed March IL, 1858
SECTION /. Be it enhcled by the Gen
erai Assembly OF iLe S.ate of O5io. That
section three o. the sct concerning d.
vorce and aiim9ny, passed March IL,
1858, be amended SO as 10 read as fol-
lows: Sc. 5 That in all cases where q
divorce shall be applied for. the com
plan an: shal. file IN his or her peii ion in
tie Office OF the clerk of the court of com
mon pleas of the proper county. which
petition shall state The true cause of COM
/ plant; and II the adverse party il 4 resi-
dent OF the county in which the petition
is filed, the clerk of said court shall is
sue summons directed 20 the sheriff OF
the coua-y, which. together with COPY
OF the petition. shall BE- served on the ad-
verse par!v at least six weeks before the
hearing oi the case; but ii the defendent
is not resident OF such county, then no
tice OF the pendency OF said petition. con-
tainirg the substance and prayer there
of, shall be given By public alton in some
newspaper of general circulation, in the
county in which the case is pending. for
The term of six consecutive weeks, and
in such a case a summons aud copy OF
the petition shall forthwith, on the fling
Of the petition, be deposited in The post
Office, directed 10 the d, fendent at his or
her place OF residence, unless it shall be
made to appear TO The court, by affidavit
or otherwise that such residence is un-
known TO the applicant. and could noi
with reasonable diligence be ascertained
by him or her; or if lie defendent shall
reside in any other county of this State.
the applicant may, at his or her election,
give notice by service OF summons and
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 service OF
summons or after the first publication in
some newspaper. as provided in this Sec
lion.
SEC 9. That section ten OF said act BE-
amended SO as TO read as follows: See.
10. That the vile may file her petition
As aforesaid in the court of common
pleas, for alimony alone, or la Case pe-
.ltioa for divorce shall have been fled
by the husband, she may file her cross
petition for aimeny, with or without the
prayer for the dissolution Of the mar
rIage contract; which peliiion Or corss-
petition for aiinUny may be for the fol-
lowing causes, 10 wit: FIRST, al uliery;
section, gross neglect of duty, third. aban-
doumenl 10 the wife without good cause;
fourth. when there is separation in con
sequence OF Ill treatment on the part OF
The husband, whether the wife be main
tanned By the Husband or cot; fiith, ha-
Oltual drunkenness: and sixth, cuntine
neni IN the penlientiary OF Ohio, or in
The penitenliary or S.ate prison Of any OF
the United States, or either of The terrific
ries thereof, or The District oi Columbia,
for any crime OF offence of the same chaT
acter or grade as Is or may be by the
law oi the State, pu.ished with inpr.s-
onment in the peuIien,iary. IN which case
the application shall b. made while the
husband Is so confined
SEC s. That section I5 OF SAID act be
so amended as to read as follows: Sc.
10. 10 all applications for divorce. or Tor
allmony alone, and IN cases where the
petition Is fled nnder The fourteenth Sec
lion OF the act 10 which this is amendato.
ry when the witnesses shall reside in the
county where The implication is made, CT
the petition filed. they shall. unless ia
case Of inability. be examined in open
court; but If they shall reside gu. OF the |
county. or be unable TO attend court heir
deposition may be taken AS in other ca
ses; but when the adverse party shall |
notIeside within the county ia s. Inch the |
petition is ending, or in al adjoining
county, or shall have no attorney of rec /
ord residing in such county, or in adjoin
ngcouniy. notice Of the time and place
OF taking dispositions shall be given by |
publication in some newspaper OF gener
al circulation, in lie county where the
case is pending, for three consecutive
weeks prior thereto, and copy of such |
notice shall, at or before the first pubii-
cation thereof, be deposited in The pos,
Office, and directed to the delendent, at
his or her place OF residence, when such
residence is known 10 The petitioner, or
with reasonable diligence, be ascertalned
by hin or her.
SEC d. That section seventeen of said
act be amended so as to read as follows:
Sec. II. In ali cases under this act in
which the Court of Common Pleas shall
dismiss the petition, except on the final
hearing of the case on its merits in cases
in which the Court shall give judgment
in favor of the wife for alimony alone.
without granting a divorce. in cases un-
der section fourteen of said act and in
cases where judgment is revuired for both
divorce and alimony. either party may
appeal from any final judgment or Or
der, TO the District Cour! as in other ca
ses: Provided, that in cases under sec
tions one and two of this act and IA of
the act to which this is amenJa,cry and
IN all other cases under this act, when
the vile shall appeal. she shall not be re-
quired to give bond; Provided, also; lha;
In cases where judgmen, is rendered for
both divorce and alimony, the appeal
shall apply only to SO much of the judy
ment as related 10 the alimony.
SEC 8. That section Q OF said act be
amended so as 10 read as follows: Sec
0. That the said Court while in session,
or any Judge thereof. during vacation,
upon sufficient notice TO the opposite par
ty, shall have power TO grant alimony to
the wife for her sus;enance during the
pendency Of a petition for divorce or al
in1ony alone fled for any OF the causes
aforesaid
SEQ I. That original sections 3. 0. 10.