A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
publication to be at least six weeks previous to the commencement of
the term at which the libellee is required to appear." Should the
libellee not appear, and "the notice of the pendency of the libel
is considered by the court defective or insufficient, it may order
further notice to be given."[107]
[102] _Rev. Stat. of Maine_ (1884), 521.
[103] _Gen. Stat. of Conn._ (1887), 612; as modified by the act
of May 11, 1899: _Pub. Acts_, 1042. For the earlier laws as to
notice see _Acts and Laws_ (1797), 457; _Pub. Stat._ (1821), 178;
_Pub. Stat. Laws_ (1835), 162, 163; _Rev. Stat._ (1849), 274,
275; _Stat. of the State_ (1854), 379, 380. _Cf._ _Gen. Stat._
(1902), 1090.
[104] _Gen. Stat. of Conn._ (1887), 613.
[105] _Vermont Acts and Resolves_ (1884), 86.
[106] _Acts and Resolves_ (1886), 50.
[107] _Vermont Stat._ (1894), 508.
Massachusetts likewise has a recent provision as to notice. "When
the adverse party does not appear," declares the act of 1898, "and
the notice of the pendency of the libel is considered by the court
to be defective or insufficient, it may order such further notice as
it may consider proper." This statute further provides that "in all
libels for divorce where the cause alleged is adultery, the person
alleged to be _particeps criminis_ with the libellee may appear and
contest the libel."[108] Similar rules have been adopted by other
states.[109]
[108] Act of June 2, 1898: _Acts and Resolves_, 443; _cf._ _Rev.
Laws_ (1902), II, 1353, 1354.
[109] Rhode Island, in _Pub. Laws_ (1902), 41, has provided that
no divorce from the bond of marriage shall be granted "unless
the defendant shall, in accordance with the rules adopted by the
court, have been personally served with process, if within the
state, or with personal notice duly authenticated, if out of the
state, or unless the defendant shall have entered an appearance
in the cause; or unless it shall appear to 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 and search for six
months," in which case the court may authorize publication. For
the former law see _Pub. Stat._ (1882), 428; superseded by _Gen.
Laws_ (1896), 635. _Cf._ _Stat. of N. H._ (1891), 497.
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