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
[129] Thus the _Laws_ of 1807-8, chaps. xx (no cause given), xxx
(no cause given), ciii (desertion and elopement of wife), clxvi
(no cause given), yield four cases; and the _Laws_ of 1809,
chaps. xxiv, l, two cases more (no cause assigned).
[130] Act of Feb. 27, 1830: _Laws_ (1829-30), chap. 202.
Still further precautions were taken in 1836. In no instance, it is
declared, may a divorce be granted unless the persons shall have
been _bona fide_ residents of the state for at least twelve months
before application. Furthermore, in the case of such residents the
sanction of two-thirds of each branch of the legislature is required
either for an absolute or for a limited divorce.[131] Five years
later the preliminary procedure was changed, and some provision
for notice to non-residents was introduced. Application is now to
be made "to some justice of the peace, who shall thereupon issue
a subpoena directed to some constable or other person, who shall
serve the same on the person from whom the divorce is sought." After
service and return of the subpoena, either party may, after the
lapse of thirty days, proceed to take testimony before a justice of
the peace, if they both reside in the same county or city, otherwise
by deposition, and transmit it to the legislature at its next annual
session. But when the libellee is a non-resident, or is absent from
the state, the applicant must give at least three months' notice of
his intention to ask the assembly for a divorce, in some newspaper
published in the city of Baltimore. Such testimony shall be taken on
oath before a justice and transmitted to the legislature as in the
case of residents.[132]
[131] Act of March 4, 1836: _Laws_ (1835-36), chap. 128. Twelve
months' residence is required by this act.
[132] Act of March 9, 1841: _Laws_ (1840-41), chap. 238.
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