Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-14

in case a petition for divorce shall have
been fled by the husband, she may file
her cross petition for allimony with or
without the prayer for the dissolution
of the marriage contract; which petition
or cross-petition for allimony may be
for the following causes, to wit: First,
adultry second, gross neglect of duty ;
third, abandonment; fourth, when their
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 drunk
enness and sixth, confinement in the
penitentiary of Ohio, or in the peniten-
tiary or State prison of any of the Uni
ted States, or either of the territories
thereof, or the District of Columbia, for
any crime or offence of the same char
aeter or grade as Ia or may be by the
laws of this State, punishment with i'm
prisonment in the penitentiary, in which
case the application shall be made while
the husband is so confined.
SEC. 8. That Is of said act be amend
ed as to read as follows: Sec. Is. In
all applications for divorce, or for alli-
mony alone, and in cases where the pc
tition is filed under the fourteenth sec
ton of the act to which this is an
amcndatory when the witness shall re-
side in the county where the applica-
ton is made, or the petition filed, they
shall, unless in case of inability, be ex-
anined in open court, but if they shall
reside out of the county or be unable to
attead court. their deposition may be
taken as in other cases; but when the
adverse party shall not reside within the
county in which the petition is pending,
or in an adjoining county, or shall have
no attorney of record residing in such
county, or in an adjoining county, no
tice of the time and place of taking de-
positions shall be given by publication
in some newspaper of general circulation,
in the county where the case is pending.
for three consecutive weeks prior thereto
and a copy of such notice shall, at or
before the first publication thereof, be
deposited in the post office, and directed
to the defendant, at his or her place of
residence, when such residence is known
to the petitioner, or can with reasonable
diligence, be ascertained by him or her.
SEC. 4. That section seventeen of said
act be amended so as to read as follows {:
Sec. Il. In all 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 ca
ses in which the Court shall give judy
ment in favor of the wife for alimony
alone, without granting a divorce, in
cases under section fourteen of said act
and in cases where judgment is render
ed for both divorce and alimony, either
party may appeal from any final judg-
ment or order, to the District Court as
in other cases; Provided, that in cases
under sections one and two Of this act
and IL of the aot to which this is amen
datory and in all other cases under this
act, where the wife shall appeal, she
shall not be required to give bond; Pro-
vided, also, that in cases where judg-
ment is rendered for both divorce and
alimony, the appeal shall apply only to
SO much of the judgment as relates to
the alimony.
SEC. 5. That section nine of said act
be so-anas@de1-as as I read as follows
Sec. Q. That the said Court while in SEES
sion, Or any judge thereof, during vaca-
ehOh, ulOu SuhCICuC uOtlCc " TIC OppO-
site party, shall have power to grant al
to the wife for her sustenance
the tendency of a petition for
or alimony alone filed for any
of the causes aforesaid. ss
SEC. 6. That original section 3, ., 10,
10 and Il of said act be and the same
hereby repealed.
SEC. z. This act shall take effect on
passage thereof, and shall apply as
we'll to cases now pending, and to cases
al original or cross petition for
alfmoHy has been heretofore filed, and
ruled against the petitioner and the case
removed in good faith, by appeal or by
filing a transcript in the District Court
to effect an appeal, and remains undeci-
led as to cases hereafter to be commenced.
I. y. H. VAN WORRIES.
ofthe House of Representatives.
THOMAS II. FORD,
President ofthe Senate.
Columbus, April Is, 1857.