Omaha daily bee., 1897-08-25

Proposed Measure for Adoption by
the Stutes

CLEVELAND. o., Aug. 24-At the meet
Ing of the uniform law commission today
John c. Richberg, Esq, of Chicago, as chair
man of special committee appointed for the
purpose, reported draft of divorce bill
for adoption in all the states, to be sub
mitted to the National Bar association. II
the association approves of it, the members
will urge it's adoption by their different
state legislatures. The bill is modelled after
the divorce law in force in the district OF
Columbia which of necessity was drawn
by committees of congress.
The bill provides in brief that no person
shall be entitled to a. divorce who has not
resided in the state two years before bring
Ing suit, not unless the defendant shall have
personally served within the state or shall
have voluntarily appeared in such action.
No divorce Ghall effect the legitimacy OF
children of such marriage, except where it
shall be declared void, because of a prior
marriage. The proceedings shall be had in
the county where the complainant resides,
but that process may be directed to any
county in the state. If ii shall appear to
the court that the defendant is nonresident
at the time of application for divorce, and
that the cause of action arose while the ap-
plicant was domiciled in the state, and the
defendant has been absent from the staSt
a year after the return of the summons
not found, the court may authorize notice
of the suit by publication. The court must
near tne case Dy eAaHlndllOn III open court
and divorce shall not be granted in default,
unless the judge shall be satisfied that proper
means have been taken to notify the de-
fendant and the cause of divorce has been
fully proved.
Marriages in a foreign state or country
may be proved by the acknowledgement Of
the parties, their cohabtation and other cir
cumstantial testimony. The court shall pro-
hibit the husband from interfering with the
personal liberty of the wife during the pen
dency of the suit. The court may make
such order as to the custody of the children
as may be deemed expedient. The court
shall make an allowance to any woman
suing for divorce who is poor and unable to
pay the expense of the suit. The court may
require the husband to pay the wife money
for her support during the pondency of
suit and to maintain or defend her suit, and
may also enforce the payment OF alimony.
The court may allow a divorced woman to
resume her maiden name or that of any for
mer husband. The court may compel the
conveyance Of property after a divorce held
by either party when 1t appears that such
property belongs to the other. When mar
riage is dissolved either party will have the
right to marry again
The concluding section OF the bill provides
a fine of not less than 800 nor more than
81 900 and impr sonment of not more than
one year or less than three months or both,
for anybody who publishes In any way mo-
tce of any kind with intent to procure or
aid in procuring any divorce.
The belief is generally expressed by mem
bers of the commission that the bill will bd
approved by the National Bar association,
in which event efforts will be made to have
adnntpl in all the states.