The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1857-06-25
April Is, 1851.

|
No. 1861 AN ACT
70 ameud the act concerning Divorces and Ali
mony, passed March IL, 1898.
SEC. /. Be il enacted by the General Assembly
of the state of Ohio, That section three OF the
( act concerning divorce and alimony, passed March
| IL, 1853, be amended SO as to read as follows -
Sec 3. That in all cases where divorce shall
| be applied for, the com lainant shall ME his or
her petition in the office of the clerk of the court
Of common pleas of the proper county, which pc.
ttion shall state the true cause of complaint; and
if tire adverse party Is resident nj 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 copy OF the
petition, shall be served on the adverse party at
least six weeks before the arng OF the case; but
if The defenhnt is not resident OF such county,
then notice OF the pendoncy OF SAID petition con
ia ming the substance aud prayer thereof snail oe
given by publication in some newspaper OF gen
eral circulation, in the county in which the case Is
pending, for the term of six consecutive weeks,
aud in such a case, summons and copy oil the
petition shall forthwith, on the filing o the petit
ton, be deposited in the post OH e. directed to
the defendant at his her place of residence, un-
less it shall be made 60 appear to the court, by
| affidavit or otherw se, that such residence Is un'
known to the applicant, and could not with rea-
| sonable dilligencc be asceftained by him or her;
if the defendant shall reside in any other county
of this Stale, the app icln may, NJ his OF her eiec
ti0n, give notice % servlce OF summons aud
copy OF the petition, AZ least six weeks before thG
hearing OF sad 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 publication IN
some newspaper q, provided IN this 5, s,ion
Sec ,. That section ten OF said act BE- amended
SO as to read as follows: Sec 10. That the vile
may file her petition as aforesaid in the court OF
common pleas, tor alnony alone, or in case pc
ttiOn fuf divorce shall have been filed by the hus-
baud. She may file her eros petition for alimony,
with or without the prayer far the dissolution ot
| the marriage contract which petition or Cross
/ petition for alimouy may be for the following
causes, TO wit: First, adultery; second, gross neg
lecS of duty; IT, rd, abandonment OF the wife win
out good cause fourth, when there is 4 separation
IN consequence Of ll-treatment on the part ot the
husband, whether the wife be maintained by the
husu ana or not, ifh habitual drunkenness and
sixth, confinement in thu penteutlary Of Ohio, or
in the prul,eGtlary or state prison ot any OF ihs
Uuitpi ) lte, OF either Of tie territories thereof,
or the District Of Columbia, for any crime or
Dfuce Of the same character o. grade A. Is or IA ~
bc by lhe lgw- Of this State, punished with in
pri.uumen, in the pcnltautlsry, in which case the
5pp'icii shall Gg made while the hush nd is 50
confined.
See. 3. rhtt section fifteen of said act be so
amended a, to read follows: Sec. l5. In all
appll a,iou1 for -yocce, lor alimo1y alone, and
iu cases where the petition i, filed under .he four
9Th section Of thG act to which this - amGnda-
OrJ when the witnesses ,hal. r side IN the county
. NiitFC the apnIlCtllNp j. hldlFb OF tuS pttiLlph
filed, they shall unless in caae of inability, be
examined in open cbuTl; but il they shall reside
out OF tae county be unable to attend court.
their dc, osiL!oGs ny be .aSrn as in other cases
but when IN adverse party hall nct reside with
in the county in which the petition Is pending, OF
in adjoining count, o. ,,,uil have no attorney
Of record re-Idng in such county, an adjoining
county, notice of the time and place oftakug depo
stions shall b. given by publication in some news
pap of general circulation in the county where
the case is pending, for three consecutive weeks
prior thereto. and copy of such notice shall al
or before the first publication thereof be deposited
T in the post Office and directed to the defendant
at his or her place Of residence, when such resi-
deuce is known to the p'titioncr, or can with req
sonab!e dill igence, be aScerained by him or her
Sec. 4. That section seventeen of said act bt
amended 50 to read as follows: See II. In al
cases under this act in which the Court OF Ooln
mon Pleas shall dismiss the petition, except OF
the final hearing of the its merits in cases
in which the court shall give judg ment in favor o
the wife for alimOny alpHe, without granting di
vOrce, in under section fourteen OF sad act
aud in where jud smenJ is rendered for botl
divorce and allmony, either party may aPpea
fIom any final judgment or order, to the di-tr:c
court al in other Cases Provided that in case
under sections one o. two Of this a2t aud fourteen
! of the act to which this is amendstory aud in al
other cases under this act, when the wife shall ap
! peal she shall not be required to give bond: Pro
/. Yided, also, that in where judgment is rem
+ dsrpd for both divorce and slimonY, the appea
shall apply only to 50 much of the Judgment a
relates to the alimony.
Sec s. That section nine Of said act be amend
| ed so as to read as follows: Sec 8. That the sal
4 court while in session, or any judge thereof
curing vacation, upon sufficient notice to the op
, p0sits party shall have power " grant alimOny
the wife for her su'tenance during the pendency
= p"ttIon for divorce or alimony alone filed fo
any of the causes aforesaid
Sec That orig gnai sections three, nine, ter
= fifteen and seventeen Of said act be and the sam
| are hereby repealed.
r See 7. This act shall take effect on the passag
thereof, and shall apply well to cases now Iehd
r ing, and to cases where original cross pet
tion for alimony has been heretofore filed, an
4 ruled against The petitioner aud the case removes
. in god faith, by appeal or by filing trauscrtF
= in the District Court to effect appeal, AID IT
q mains undecided as to cases hereafter to be con
A meuced.
= Nh VAN WORRIES,
+ Speaker Of the House Of Repre- 'cnlatves.
THOMAS ii. FORD,
4 President Of the Senate,
1