Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1860-09-13

a pipcaio matrimonn, from the bond OF marriage.
may be granred in any OF tho following cases, TO.
witt
First When such marriage wus contracted
whilst either OF the parties thereto had a former
vile or husband living. unless the former marriage
shall have been lawfully dissolved, and no restraint
shall have been imposed on the party contracting
such second marriage.
Second When such marriage was contracted
during The lunacy of either party, or where either
party was matrmonay incapacitated at the
time oi the marriage.
Third When either party has committed adul.
tory during the marriage.
SEc. I. and be 10 JnrtIer eadct,d, That divorce
a bioRSd et MoTO from bed aud board may be grant
ed tor either OF the following causes, to wits cruel
" ol treatmcnr, endangoriug ;ho lille or health OF
ul one oilhe parties; reasonable apprehension, to
the satisfaction OF the court; OF bodily harm; the
wiliu duscrtion and abandonment by the party
complained against OF the party complaining i0r
the full Uninterrupted space oI three years. =.
SEC. 5. And be 10 yhrther cndcted, That no di,
vorcc shall he granted Tor any cause which sliail
have occurred out of this District unless the party
applying Tor the same shall have resided within
lhe District ior two years next preceding The up
picaton.
SEC. 8. And he 10 .h,,ther enacted, That upon the
dissolution OF maria @ on nccOunt o ellhcr Oi
the parties having former wic or husband liv'
ing II shall appear that the second marriage was
contracted in god faith by the party whose second
marriage has been thus dissolved, and with the
or husband was dead, that tact shall be stated in
the judgment or sentence of divorce and the issue
OF such second marriage, born or begot,en before
the commencement OF the suit shall be deemed
| to be the legitimate issue OF the parent WHO, at
the Tune OF the marriage, was cupable of contract.
ing
seq. HRd be 10 turtter enacted. That upon the
dissolution Ol marriage on account OF the Iunacy
ot either party at the time OF such marriage, the
issue OF the marriage shall be deemed 10 be legiE
mate.
SIC. .3ndbe 10 fitfher eRdcted, That divorce
for buses not hereinbeture specially provided Tor
shall not affect the Legitimacy of the issue OF the
marriage; but the legitimacy OF such issue, II qucs
toned, shall be tried and determined, according to
/ tue course OF the common law.
SEc 0. ind be 10 further eadcted, That in ail
cases where divorce is granted, the court allow
ing The same shnl have power, il It see fit to
award an0ny to the wife, and to r, tuid her right
o1 dover, and To award to the wife such property,
or the value thereof, as she had when she was
married or such part, or the value thereof, the
court may deem reasonable, having u regard t.
the circumstances Of the husband at the time OF
tne divorce, The court may also in granting q
divorce a UiHcltO mdtrlmOnii restore to the wife
her maiden or other previous name.
SEC, 10. .7nd BE- HJHrttor enUcted That the cour
snail also nave power to order and direct, III every
case OF divorce, who shall have the guardianship
and custody Of he children OF the marriage 80 dl
vorced, and who shall be charged with their main.
tcnance.
SEC. II. .4"d be HJtUhier en"cted, That the court
may ais" award allmony 10 the wife tor her sus
tonance during the pondency of petition for q
divorce fled for my Of the causes aforesaid
SEC. II. AMI be IL FURTHER eaacted, That, in case
OF adultry by the wife, committed after iudgmen,
or sentence Ol divorce menSa et thOrO, the court
may, on the petition OF the husband setting forth
and accompanied by legal proof OF such adultery
deprive the wlle OF ulinony from the date of hel
snid criminal act, and rescind her right of dover
as well as dispossess her, il the court judge it, o
the care, custody, and guardianship Of any child
cr chlldred, which, under the origincl Judgment
OF the court in granting the divorce, may have be en-
assigned to her.
SEC, 10. .qndb IL FURTHER eadoted, Thata wife
deserted Ivy her husband may, nj any time after
such dosertlon, apply to the court in session. or to
either one OF the judges thereof, when the court is
not IN session, tor an order to protect any money
or other property, real or personal, OF which she
may have become possessed after such desc rton
against her husband or his creditors or any one
claiming through or under him; and the court or q
Judge there, as the case may he, if the fact of such
dcsertlon be proved by evidence other than that
ot the wife herself, and that the same was without
reasonable causo, and that the wife is man aiming
herself 10y her own industry or property, mny
make and give to the wife an order protecting her
earnings, money, and peopcrty aforesaid, real OF
PERSONAL, acquired since the commencement OF
such dcscrtlon, from hor husband and all creditors
and persons claiming through oudcr HIM, and
such earnings, money, property aforesaid sha
belong To the vile as II she were a |fme SOie Pro.
wded, always That every such order SHALL within
ten days after the making and giving thereof be
entered Ivy the clerk Of the court on the records o
the county of Washing ton, in the District Of Co.
lumbia md that it shall be lawful for the hu ,band
and any creditor claiming through Or under him
to apply to the court in session for the discharge
thereof, and he may obtain 1t it, in the judgment
OF tho court good cause shall be shown why such
orper. by reason of fraud or Of rcpugnanco to the
objects of this section, should not have been frs,
made and given; ProUided also, That if the hus
band, or any creditor Of or person claiming through
or under him, shall seize or continue to hold any
property OF the wife after notice and record of any
such order, then, then the husband or such person
shall be liable mt the suit of the wife (which she il
hereby empowered to BRING to restore to her the
spsclhc property, and also for equal to doubt,
the value OF the property so seiz or held after
such notice aioresad and if any such order of pro
lection be mado, the wife SHALL during the con
tnuance thereof be and be deemed to have been
during such dosertion of her in the like position il
all respects with regard to property and contracts
and suing and being sued as she would be if
f teme sole
, Approved, June 10, 1860.
) AN ACT making Appropriations for Light
, Houses, Beacons Buoys, and so forth,
Ike IL pprcfpH hlI ibp onrD Dao.