|1, 2, 3. Rights and proceedings of wife when husband abandons
her and joins certain religious sect.
4. The children.
|5. Grants, &c., of husband, void.
6. Penalty for enticing husband to join certain sects, &c.
An Act providing for the relief and support of women who may
be abandoned by their husbands, and for other purposes.
[passed and took effect, January 11, 1811. 9
vol. Stat. 115.]
||Whereas, it is represented to the general assembly that a sect
of people in this state, called and known by the name of Shakers,
inculcate and enjoin upon all who become attached to them, that
they must lead a life of celibacy, in consequence of which women
have been abandoned by
|their husbands, robbed of their children, and left
destitute of the means of support: Therefore,
|(1.) Section I. Be it enacted by the General Assembly of the State
of Ohio, that if any man, being joined in the marriage relation,
shall renounce the marriage covenant, or refuse to live with his
wife, in the conjugal relation, by joining himself to any sect,
whose rules and doctrines require a renunciation of the marriage
covenant, or forbid a man and woman to dwell and cohabit together,
in the conjugal relation, according to the true intent and meaning
of the institution of marriage, it shall and may be lawful for the
wife, in such case, to file her petition in the office of the clerk
of the court of common pleas, or of the supreme court, at least
two months before the time of the sitting of said court, and shall
also serve the adverse party with a copy of said petition, within
one month from the time of filing the same, which petition shall
state the true cause of complaint. And in case he shall not reside
in her county, she shall publish such notice in some newspaper published
in said county, or in the next adjacent county in which a newspaper
||Rights and proceedings of wife, when husband abandons
her and joins certain religious sect.
|(2.) Sec. II. That is shall be the duty of the clerk of such court,
where the petition is filed, to issue a summons, requiring the person
complained of to appear before the said court to answer the allegation
of said petition; and if the party complained of shall not appear,
or, appearing, shall deny the facts stated in the petition, the
court shall proceed to hear and determine the same.
|(3.) Sec. III. That if it shall appear to the said court, that
the woman complaining has been lawfully married to the man of whom
complaint is made, and that he hath renounced or violated the marriage
covenant by joining such sect as above described, the court shall
take such measures as to them shall seem right, to ascertain the
amount of property, real and personal, of such husband, and shall
decree such part thereof to the woman as shall appear just and equitable.
|(4.) Sec. IV. That if the said husband and wife shall have a child
or children, (yet being in a state of minority) the husband so violating
the marriage covenant, shall be considered as having renounced and
divested himself of all the authority he could have otherwise exercised
over his children, and the court shall decree such part (or the
whole) of the remainder of his property, real and personal, as to
them shall seem right, to the use and support of the child or children
aforesaid; and such child or children shall be and remain under
the care and direction of the mother: Provided, that the court shall
have power, if they shall deem it necessary, to appoint a guardian
or guardians for such child or children, agreeably to the provisions
of the thirty-fourth and thirty-fifth section of the act, entitled
“an act for the proving and recording wills and codicils,
defining the duties of executors and administrators, the appointment
of guardians, and the distribution of insolvent estates,”
passed February tenth,
|one thousand eight hundred and ten; and provided also that if
the court shall deem it necessary, they may direct such child or
children to be bound to apprenticeship, agreeably to the sixth section
of the act, entitled “an act for the
|relief of the poor,” passed February nineteenth, one thousand
eight hundred and ten.
||Chase, 696, 514.
|(5.) Sec. V. That all gifts, grants, or devises of money or property,
real or personal, which may be made by any man as aforesaid, violating
the marriage covenant, to such sect as before described, or any
members of such sect, which may tend to deprive his wife or children
of that support to which they are entitled, according to the true
intent and meaning of this act, shall be utterly void; and all money
or property so given, granted or devised, may be recovered at the
suit of the party injured.
||Grants, &c. of husband, void.
5 O.R. 190.
|Penalty for enticing husband to join
certain sects, &c.
||6.) Sec. VI. That if any person shall, with an intent
of causing any man or woman to renounce the marriage covenant; or
abandon their wives, husbands, or children, entice or persuade such
person to join any sect or denomination of persons whatever, whose
principles and practice inculcate a renunciation of the matrimonial
contract, or the abandonment of wives and children, or either of-
them, - contrary to the true- intent and meaning of the marriage
institution, shall, on conviction thereof, be fined in any sum not
exceeding five hundred, dollars, at the discretion of the court
having, by law, jurisdiction ; and that all fines incurred under
this section, shall be paid into the treasury of the proper county
for the use of the same : Provided, that nothing in this section
contained shall be construed or understood to extend to any person
for delivering any public sermon, exhortation or address.
||This act shall take effect and be in force from the passage thereof.