The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1857-06-10
OF OHIO.
PUnLIsHED AZ AUrHonIrr.-

1851 AN ACT,
To amend the act concerning Divorce
and Alimony, passed March IL, 1853.
SEC. /. Be it enacted 6y The General
Assembly of The State of Ohio, That Sec
tion three of the act concerning divorce
and alimony, passed March II, 1853,
be amended SO as to read as follows /:
Sec. 8. That IN all cases where a d.
vorce shall be applied for, the complain
ant shall file his or her petition in the
Office of the clerk of the court of COM
mon pleas of the proper county, which
petition shall state the true cause of
complaint; and if the adverse party is a
resident of the county in which the pc.
tition is fled, the clerk of said cour shall
issue a summons directed to the sheriff
Of the county, which, together with a
copy of the petition, shall be served on
the adverse party at least six weeks
before the hearing of the case; but if
the defendant is not a resident of such
county, then notice of the tendency of
said petition, containing the substance
and prayer thereof, shall be given by
publication is some newspaper of general
circulation, in the county in which the
case is pending, for the term Of six con-
secutive weeks, and in such a case a
summons and copy of she petition shall
forthwith, on the fling of the petition,
be deposited in the post Office, directed
to the defendant at his or her place of
residence, unless it shall Re made to the
court, by affidavit or otherwise, that
such residence is unknown to the ap-
plicant, and could not with reasonable
diligence be ascertaieed 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, give notice
by ser+ice of a summons and q 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 summons
or after the first publication in some
newspaper, as provided in this section.
SEC. 2. That section ten of said act
be amended so as 30 read as follows:
Sec. 10. That the wife may file her Pc
tition as aforesaid in the court of COM
mon pleas, for alimony alone, or in case
o petition for divorce shall have been
fled by the husband, she may file her
cross petition for alimony, with or with.
out the prayer for the dissolution of the
marriage contract; which petition or
cross-petition for the alimony may be
for the folloBing,causes, to wit: First
adultery; seeond, gross neglect of duty;
third, abandonment of the wife without
good cause; forth when there is a sep
aration in consequence of i'll treatment
on the part of the husband, whether the
wife be maintained by the husband OF
not; fifth; habitual harness; and sixth,
confinement In the ~penitentiary of Ohio,
or in the penitentiary or State prison
of any of the United States, or either
ofthe territories thereof, or the District
Of Columbia, for any crime or offence
of same character or erode as is or may
be BY the laws of this State, punished
with imprisonment in the p~eniten.iary,
in which case the application shall be
made while the husband is SO confined.
SEC. 8. 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 fled under the fourteenth
section of the act to which this is amen
datory 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 at
tend 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
nc 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 publicatio.
in ome newspaper of general @circula-
ton, In the county where the case is
pending for three consecutive weeks
prior thereto, and a-eopy of such notice
shall, at or before the first publication
thereof, be deposited in the post Office,
and directed to the defendent his or her
place of residence, when such residence
is known to the petitioner, or can with
reasonable diligence, be ascertrined by
him or her.
SEC. a. That section seventeen of
said act be amended SO as to read as
follaws: 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 case on its
merits in which the Court shall give
judgment in favor of the wife for ali
mony alone, without granting a divorce,
in cases under section fourteen of said
act and in cases where Judgment is rem.
dered for both divorce and alimony, eth
er party may appeal from any final judg-
ment or order, to the District Court as
in other cases: Provided, thas in cases
under sections one and two of this act
and IA Of the act to which this is amen
datory and in all other cases under this
act when the wife shall appeal, she shall
not be required to give bond Provided, |
also, thatin eases where Judgment, REM
dered for both divorce and alimony, she
appeal shall apply only to so much of
the judgment as relates to the alimony.
SEQ. 5. That section 9 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, the op-
posite party, shall have power to grant
alimony to the wife for her ~sustenance
the tendency of petition for
divorce or alimony alone filed for any
causes aforesaid.
SEC. g. That original sections 8, 9,
Is and IL of said act be and the
same are hereby repealed.
SEC. 4. This act shall take effect on
the passage thereof, and shall apply as
well to cases pending, and to cases where