The Providence news. (Providence [R.I.]) 1891-1906, 1902-06-05

| time In the discretion OF the court. for
| continued drunkenness. for the habitual
excessive, and intemperate use Of opium
morphine or chioral. and for neglect and
refusal. for tho period OF at least one
year next before the filing OF the petit
tion on the part OF the husband TO pro-
vide necessaries for the subsistence OF
his wife. the husband being Of sufficient
ability; and for any other gross behavior
and wckedness, In either OF the parties,
repugnant to and In violation OF the mar
riage covenant"
Sec, .. Section OF Chapter 1876 OF the
General Laws IL hereby amended so as
10 read as follows:
Sec. s. Divorces from bed, board and
future cohabitation, until the parties be
reconciled. may be granted for any n the
causes for which by law a divorce from
the bond OF marriage may be decreed,
and for such other causes as may seem
TO require the same Provided, the pe-
titioner shall be domiciled inhabitant
OF this state and shall have resided In
this state such length OF time as TO the
court In Its discretion shall seem 10 war
rant the exercise OF the powers in this
section conferred. In case n separate
maintenance out Of the estate or prop
erty OF the husband or wife. as the case
may be. In such manner and OF such
amount as IL may think necessary or
proper"
Soc. 3. Section 9 OF Chapter 1875 OF
the General Laws is hereby amended so
as to read as follows:
"Sec. 0. Every petition shall be signed
and sworn TO by the petitioner II Of
sound mind and OF legal age to consent
TO marriage; otherwise. upon application
TO the court and after notice to the par
~ In whose name the petition shall be
filed. the court may allow such petition
10 be signed and sworn TO by a resident
guardian or next friend"
r.f aVafA M
tho General Laws Is hereby amended so
as to read as follows:
Sec 10. No petition for divorce from
the bond OF marriage shall be granted un-
less the petitioner shall have been
domiciled inhabitant OF this state and
have resided therein for the period OF
two years next before the preferring OF
such petition: Provided. that II the de-
fendant shall have been a domiciled In
hnbitant OF this state and shall have re-
sided in this state for the period or two
years next before the preferring OF such
petition. and shall be actually served with
process. the above requirement as 10
domicile and residence on the part OF the
petitioner shall be deemed to have been
satisfied and fulfilled"
Sec. s. Section IA OF Chapter 1916 OF
the General Laws Is hereby amended so
as TO read as follows:
Sec. IA. The said court may regulate
the custody and provide for the educa-
tion, maintenance and support OF chill
dren OF all persons by them divorced or
petitioning for divorce, and OF all per-
sons to whom n separate maintenance
may be granted, or who may petition for
the same; may in it's discretion make
such allowance TO the wife. out OF the
estate Of the husband. for the purpose OF
enabling her to prosecute or defend
against any such petition for divorce or
separate maintenance, In case she has no
property OF her own available for such
purpose, as IL may think reasonable and
proper: which allowance shall be SO far
regarded as a judgment debt that suits
may be brought or executions may issue
thereon for amounts due and unpaid,
from time TO time, to be shown by az
fldavits of the person entitled TO the same
and the attorney OF record OF such per-
SON. such executions to run against the
goods and chattels of the husband, and
for want thereof against his body; and
the court may make all necessary orders
and decrees concerning the same and
the same at any time may alter. amend.
and annul for sufficient cause. after no.
tice TO the parties interested therein"
Sec 6. Chapter 1875 OF the General
Laws is hereby amended by adding
thereto the following:
Sec. II. No person shall be entitled
to divorce from the bond OF marriage
unless the defendant SHALL In accordance
with rules adopted by the court have
been personally served with process, IL
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 II shall appear TO the satisfaction OF
the court that the petitioner does not
know the address nor the residence or the
defendant and has not been able to as
certain either after reasonable and due
inquiry and search for six months, In
which case the court. or In vacation
Judge thereof, may authorize notice by
publication of the pendency Of the petit
tion for divorce TO be given In n manner
provided by law.
Sec IS No divorce from the bond Of
marriage shall be granted solely upon
default nor solely upon admissions by
the pleadings, nor except upon trial be-
fore the court IN open session. nor shall
such divorce be granted where the court
is satisfied that there has been any coll
fusion or corrupt conduct by the parties.
or either Of them, In regard TO the pro-
ceedings TO obtain the same"
Sec 10. After hnal decree for d.
vorce from the bond of marriage either
party may marry again; but no decree
for such divorce shall become fnal and
operative until six months after the trial
and decision"
See T. All acts and parts of acts in
consistent herewith are hereby repealed
and this act shall take effect on the first
day OF July a. ID. 1902. but Il shall not ap-
ply 20 cases then pending.
CHAPTER 972.
AN ACT IN Amendment OF Chapter l07
OF the General Laws Entitled "Of Rail-
Gfea an1hdnt pOliCo