Court on

may decree marriage dissolved

Sec. 3. And be it further enacted, That if, testimony upon trial, it shall appear by disinterested testi. mony to the satisfaction of the court, that the party complained against had a husband or wife of a former marriage living, or was guilty of adultery, wilful absence, or extreme cruelty as aforesaid, then in any such case, the court shall proceed by sentence or decree in the same court, to pronounce the marriage between the parties dissolved, and both of them freed from the ob. ligation of the same: Provided, That the confession of neither of the parties shall be received as testimony: Provided always, That the dissolution of such marriage shall in no wise affect the legitimacy of the children thereof; and the court shall take such order for the distribution, care and maintenance of the children of such marriage, if any there be, as shall appear just and reasonable, and the circumstances of the parties may require.

Divorce de creed on ag

Sec. 4. And be it further enacted, That when a divorce shall be decreed in case of the aggresgression of sion of the husband, the wonran, if no issue of the husband the marriage be living at the time of the divorce, if no issue, shall be restored to all her lands and tenements, wife restor and be allowed out of the man's real and personal

ed to land

estate, such share as the court shall think reasonable, having regard to the personal property that came to him by marriage, and his ability at the time of the divorce; but if there be issue living at the time of the divorce, then in that case the court shall restore to the woman, such share of the personal property as circumstances may If on aggres require; but if the divorce shall arise from the sion of wife aggression of the wife, and there be no issue living of the marriage at the time of the divorce, the court may order to her restoration of the whole, or part of her lands, tenements and here

ditaments, as to them shall appear to be just and fight, and also such share of the man's personal property as may appear reasonable, all circumstances considered.

Sec. 5. Be it further enacted, That when the barred of éause of the divorce shall arise from the aggres- dower son of the wife, she shall be barred of her right of dower, whether there be issue or not.

clause

Sec. 6. And be it further enacted, That the Repealing law respecting divorce, passed by the governor and judges, at Cincinnati, the fifteenth day of July, one thousand seven hundred and ninetyfive, and all other laws and parts of laws on the subject of divorce and alimony; be; and they åre hereby repealed.

This act to take effect from and after the pas- Commence sage thereof.

MICHAEL BALDWIN,

Speaker of the house of representatives.

JOSEPH KERR,

Speaker pro tem, of the senate.

December 29th, 1804.

CHAPTER XLVI.

An act securing certain persons from arrest, in cer

,

tain cases.

ment

Sec. 1. Be it enacted by the general assem- Persons pri. bly of the state of Ohio, That the members of vileged from the senate and house of representatives, and the arrest clerks, sergeant at arms, door-keeper and messengers, of either branch of the general assembly, shall be privileged from arrest during the sitting of the legislature, and also during the time necessarily employed in travelling to, and FE

Fine for ar resting

Persons pri

arrest

returning from the place of their meeting, allowing one day for every twenty miles of the distance, by the road most usually travelled; and all proceedings in suits pending, in which one of the persons above mentioned is a party, shall be stayed during the time aforesaid: and whoever shall arrest either of the persons above named, during the time they are entitled to privilege, as above provided, shall forfeit and pay, for every such offence, the sum of one hundred dollars, to be recovered with costs of suit, by action of debt, in the name and for the use of the person injured. And all persons legally qualified to vote for representatives to the general assembly, shall be privileged from arrest during the time of their attendance at the elec tion, and while on the way going to and returning from such elections.

Sec. 2. Be it further enacted, That the judges, vileged from clerks of the supreme court, and presidents of the court of common pleas, shall be privileged. from arrest, while attending at the said courts, and also during the time necessarily employed in going to, holding and returning from the said courts, which it is made their duty to attend.

Continued

Time and places that no arrest

Sec. 3. Be it further enacted, That the associate judges of the several courts of common pleas within this state, during the sitting of their respective courts, and all attornies, counsellors at law, clerks, sheriffs, coroners, constables and cricrs, and all suitors, witnesses and jurors, while attending court, and while going to and returning from court, shall be privileged from

arrest.

Sec. 4. BE it further enacted, That no per son shall be arrested while doing militia duty, under the order of his commanding officer, or shall bemade while going to or returning from the place of

duty or parade; nor shall any person be arrested in the senate chamber or house of representatives, during their sitting, or any court of jus tice, during the sitting of the court, or on the first day of the week, commonly called Sunday, or on the fourth day of the month of July, the anniversary of American independence.

Sec. 5. BE it further enacted, That nothing Privilege not herein contained shall be construed to extend to to extend to cases of treason, felony or breach of the peace: treason, fe Provided always, That when a member, or any lony, &c. of the aforesaid members of the general assembly, shall be arrested during the sitting of the legislature, upon any charge of treason, felony or breach of the peace, it shall be the duty of the person issuing the process on which the arrest is made, forthwith to give written notice thereof to the house of which the person arrest. ed shall be a member or officer.

Sec. 6. Be it further enacted, That nothing No privilege herein contained shall be construed to privilege in case of a any person herein named from being served, at summons any time, with a summons or notice to appear; and all arrests, not contrary to the provisions herein contained, made in any place, or on any river or water course, within or bounding on the state, shall be deemed lawful; and if any person shall be arrested contrary to the provisions herein contained, such persons may, and shall be discharged by a writ of habeas corpus, or in a summary way, by motion before the court from which the process shall have issued, at the costs of the party suing out such process.

Sec. 7. And be it further enacted, That an act, entitled An act regulating privileges in Repealing certain cases,' passed December the sixth, one clause. thousand seven hundred and ninety-nine, be, and the same is hereby repealed.

Commence ment

This act shall commence and take effect from and after the first day of June next.

Sec. 1. BE it enacted by the general assem Governor to bly of the state of Ohio, That when any officer, fill vacancies the right of whose appointment is, or may be vested in the general assembly, shall during the recess die, or his office by any means become vacant, the governor shall have power to fill such vacancy by granting a commission, which. shall expire at the end of the next session of the legislature.

This act to commence and be in force from and after the passing thereof.

MICHAEL BALDWIN,