Los Angeles herald., 1910-09-04
JURIST PROPOSES
NEW DIVORCE ACT
Judge HouSer Is Author of Meas
ure Which Will Be Sub
mitted to Legislature
WOULD AMEND PRESENT LAW
Three Sections Are Suggested as
an Addition to the Stat
utes of 1872
WOULD AMEND PRESENT LAW

At the request Of Francis M. Moody
of Pasadena, secretary of the state
nterdenominational divorce commits
sion, which will meet next Thursday
in San Francisco, Judge Houser of the
superior court of Los Angeles county
has drafted an act which the commits
sion will attempt to have made a law
at the next session of the California
legislature, the object being to retard
the growing number of divorces.
Judge Houser, who says the principal
object of the proposed measure Is to
stop perjury, officially calls it AN act
to amend an act of the legislature of
the state of California, entitled An
act to establish q code of civil pro-
cedure,' approved March IL, 1872, by
adding thereto three new sections. to
be numbered 1920, 1020A and 1020-B,
relating to the conduct of trials in suits
for divorce"
Proposed section 1920 provides for the
exclusion from the court room of all
witnesses. excepting the one testifying,
and the parties to the action. This IN
cludes correspondents.
The next section relates to the de-
fendant.
PROVISIONS OF ACT
when the defendant" 1t reads, has
been personally served with a copy of
county in which the suit is pending,
or in which the case is to be tried; or,
where the defendant has been served
elsewhere with q copy of the complaint
and summons, and the place of his res
idence is less than thirty miles from
the place of trial" he shall be required
to appear and give testimony, except
in those cases where 1t appears by afti-
davit to the satisfaction of the court
that his health will be seriously in
1ured thereby, in which event the hear
ing of the suit shall be continued and
the deposition Of the defendant shall
be taken.
when the defendant has been served
with a copy of the complaint and the
summons outside of the county in
which the suit is pending or will be
tried. where his residence is thirty
miles or more away from the scene OF
the hearing, when he has been served
with complaint and summons under or
der of publication; or when the resi-
dence of the defendant is known by the
plaintiff or his attorney after the suit
is commenced and before its hearing,
although not personally served, the at
torney for the plaintiff shall prepare
such direct questions as he desires for
submission to the judge for final set
tlement.
DEFAULT CASES
'In default cases, where the judge is
satisfied that sufficient search has been
made for the defendant before the SER
vice by publication of the summons
the trial shall proceed without the tes-
timony of the defendant. But upon the
conclusion of the plaintiffs evidence
the case shall be continued for a fur
ther hearing, not less than three nor
more than six months later, to permit
of more evidence, including that of the
defendant, either In person or by depo-
sition. After the second hearing the
court may again postpone the action,
but the total of such continuances must
not exceed one year from the time OF
the first hearing. A transcript OF each
partial hearing must be provided for
the Judge by the plaintiff five days be-
fore further hearing"
The third proposed new section pro-
yides that mo person shall be excused
from testifying in divorce actions on
the ground that his testimony, or evil
dence he may produce, may incriminate
himself, or subject him to public in
fanny; but such testimony shall not
afterward be used against him in any
judicial proceeding except for perjury
in giving It."