Litchfield enquirer., 1865-10-05

curement or with the connivance of the peti
 sys1 ssos On M petitions for divorce or separa
 tTdn. where 5ae adverse party resides out of this
 State, or is absent therefrom either judge of the
 supreme court of errors, or of the superior court or any clerk of said court may, in vacation make adverse party, as he shall deem reasonable and in every petition for divorce seps ration if it shall not appear, by the return of the officer or otherwise, that the respondent has had actual no. tice, the court shall continue the cause until the next term, and unless the respondent shall then appear, said cause shall then be again continued; and said court may at any time order such further notice 10 be giveu, as said court shall deem reas
 enable; and such cause may be heard and deter mined, at the third term of the court, to which it is returnable upon satisfactory proof that the or
 der of notice thereon has been duly complied with
 SEC 4. If the petitioner shall have removed from any other state or nation to this state and shall not have statedly resided in the state three years next before the date of the petition the pe
 titioner shall not take anything by the petition, unless the cause of divorce or separation shall have arisen subsequently, to the removal into this state or unless the adverse party shall have stead lily resided in this state three years next before the date of the petitior and actual service of the petition shall have been made upon such party. in which cases, the petitioner may maintain the petition, although he or she shall not have re. moved into this state, nor resided therein, three years next before the date of the petition.
 SEC The superior court in any decree of sep aration from bed and board, under this act, may make such order as between the parties, relative said court may deem necessary and proper, and may, at any time thereafter, annul, vary or modi- fy the same. .f' '.@'''
 SEC. 6. The superior court may assign to any woman divorced under the provisions of this act such reasonable part of the estate of her late hns hnyn 1k hale Aof s,S Skr discretion, the circumstances of the estate will admit and the decree of the court in relation to alimony, shall take effect upon it's passa ge; and petition for such alimony may be brought by any woman so divorced, at any time after such decree of divorce, while she shall remain single and unmarried, and no discharge, release or waiv- CT of such alimony, or any part thereof, shall be deemed valid for any purpose whatever, unless the court shal be satisfied upon due inquiry, that such dischalge, release of waiver. was obtained for substantial consideration, and without de- ceit, misrepresentation of collusion, between the parties ......s.. .. ,.. 7. .-. .....-..,
 SEC '. The hearing upon every petition under this act shall be had publicly, and in open court And the superior court may: for just and reasona- ble cause, on granting divorce, change the name of the petitioner, who shall thereafter be known, and called by such name as said court shall in it's decree appoint. '4
 SEC. 8. In all petitions for divorce, in which there is appearance for the respondent it shall be the duty of the clerk of the court to notify the district attorney of the fact, who when thus noti fled, shall appear and defend said case in behalf of the state, and for such service the district at torney shall receive fee of five dollars, and. in case the divorce shall not be granted, an addi- tional fee of five dolla rs, both to be taxed upon the party bringing the suit. ssa5a jet
 SEQ g. In any petition by married woman for 9 divorce, the superior court in the county where the same shall be pending may, during the pend. ency at the final hearing, or afterwards, as occa. sion may require, make such order, as between the parties for the custody, care and education of the children of the marriage, as such court may. thereafter annul, vary or modify such order. 1'i
 SEC. 10. In all cases in which divorce or sepa- ration has been or shall be granted, on the appl- cation of Q married woman, without an order be- ing made at the time of granting such divorce or separation, relative to the charge and custody of the child or children of such marriage, and in all cases in which any husband and wife having mi nor children, shail, by reason of the abandonment or cruelty of the husband, live in state of sepa- ration without being separated or divorced by lawful decree the superior court in the county where the parties or one of them resides. may, on application of such mother, and due notice given to adverse party as in other eases. aTard . tae Ten of such marriage to the mother for such time, under such regulations, and with such provisions and restrictions as in the opinion of the ourt the case may require | '-' sS tNs ' . SEC, H. Upon the dissolution Of any marriage by divorce, or upon separation from bed and hoard by decree if there shall be minor child of said marriage, who shall stand in need of main tenance or support the parents of such child shall provide for, support and maintain it. according to the abilities of such parents respectively. :; SEC. F. Upon application of either of the par ents of such child, contained in any petition for