1840.

LAWS OF MARYLAND.

CHAP. 238.

CHAPTER 238.

Passed Mar. 9,
1841.

A bill supplementary to an act passed December session,

eighteen hundred and twenty-nine, chapter two hundred
and two, relative to the taking of Testimony in all ap-
plications for Divorce.

All persons ap-
plying for a di-
vorce to have a
subpoena issued.

SECTION 1. Be it enacted by the General Assembly of
Maryland, That in all applications for divorce, the party
so applying shall make application 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; and the
person serving the same shall make an affidavit of the fact
of the service of the same.

Either party
may take testi-
mony.

SEC. 2. And be it enacted, That after the subpoena shall
have been served and returned to the justice issuing the
same, either party may proceed to take testimony after the
lapse of thirty days, before a justice of the peace in the
county or city where they reside, if they both reside in the
same county or city; but if they should not reside in the
same county or city, then either party may take the depo-
sitions of such witnesses as they may think proper in the
county or city where they may reside, and transmit the
same to the Legislature at its next annual session.

If the party
from whom di-
vorce is asked
be non resident.

SEC. 3. And be it enacted, That if the person from whom
the divorce is sought be a non-resident of the State, or shall
be absent from the same, the person applying shall give at
least three months notice in some newspaper published in
the city of Baltimore, of (heir intention to apply for a di-
vorce at the next session of the General Assembly; and at
the expiration of such time may proceed to take the testi-
mony of such witnesses as they may think proper before a
justice of the peace, on oath, and transmit the same to the
next Legislature lor their action, to be judged of by them.

Officers' fees.

SEC. 4. And be it enacted, That the justice of the peace
issuing a summons or summonses, and the constable or oth-
er person serving the same, shall be allowed the same fees
as are now allowed by law for similar services; each party
to pay their own costs.

Inconsistent
acts repealed.

SEC. 5. And be it enacted, That all acts or parts of acts
inconsistent with this act, be and the same are hereby re-
pealed.