The Providence news. (Providence [R.I.]) 1891-1906, 1902-02-25

with rules adopted by the court. have
been personally served with process, II
within the state. or with personal notice
duly authenticated, II out OF the state
or unless the defendant shall have en-
tered an appearance in the cause or un-
less IL shall appear 10 the satisfaction OF
the court that the petitioner does not
know the address nor the residence OF
the defendant and has not been able TO
ascertain either after reasonable and due
inquiry end search for six months in
which case the court, or In vacation a
Judge thereof. may authorize notice by
publication of the pendency OF the petit
ton for divorce to be given In a manner
provided by law.
Sec. is. No divorce from the bond of
marriage shall be granted solely upon de-
fault nor solely upon admissions by the
pleadfngs, nor except upon trial before
the court in open session: nor shall di-
vorce be granted where the court is sat-
isfied that there has been any colusion or
corrupt conduct by the parties or either
OF them. I'm regard TO the proceedings TO
obtain the same.
Sec. 10. After final decree for divorce
from the bond OF marriage either party
may marry again; but no decree for such
divorce shall become final and operative
until six months after the trial and de-
cision.
s'Ns ~ W men n ulNOfce IL granted Tor
any cause constituting a criminal offence,
committed within this state. and within
the time prescribed by law for making
complaints and finding indictments there
Tor, the court granting the divorce shall
cause notice OF such facts TO be given
10y the clerk OF the court to the attorney
general. together with list OF the wit
nesses proving such offence, and any
other information which the court may
deem proper; and thereupon IL shall be
the duty OF the attorney general TO cause
complaint of the offence TO be made be-
fore some magistrate having Jurisdiction
thereof or TO present the evidence thereof
to the grand jury"
TAKING OF TESTIMONY.
We have also reported favorabIy upon
an act I'm amendment of section ~ of
chapter 2A of the general laws, which
provides that the testimony I'm all di-
Norce cases shall be given orally i'm open
court, unless the witness shall be unable
20 attend by reason of physical disability
in which case a sworn certificate to that
effect from Il duly registered physician
shall be filed with the deposition of such
witness. or unless the witness reside and
be out of the state.
In drafting substitute. A. submitted
herewith, your committee have embodied
such of the suggestions made at the
several hearings, and also received from
other sources. as they think may be ben
ehcial and practical. They have also
endeavored 60 frame law which while
its adoption and enforcement would not
work hardship to- actual residents of
this state seeking divorce for legitimate
reasons, yet would discourage and di-
minish. II not entirely prevent. the mi
gratory divorces" which have been any
thing but creditable TO the fair fame OF
Rhode Island.
We have also tried 10 so frame tho law
rs To give the largest possible powers to
inc court In the matter OF the examina-
ion of witnesses for the purpose of de-
tecting fraud. and general discretion to
he exercised I'm all proceedings connected
win the granting or refusing TO grant the
petitions for divorce. We believe that
very much OF the success of any legisla-
ton intended To do away with the evils
OF our present system Of divorce depends
upon the action ~ the court and we be-
lieve that our court IL desirous OF fully
cooperating with us In so important a
matter.
The report was received the original
hill indefinitely postponed and substitutes
a made the special order for Friday next
at 1880 a. m.
MADE SPECIAL ORDER.