Sect.
1.—Be it enacted by the General Assembly, That it shall and
may be lawful for Lewis Robards to sue out of the office of the
Supreme Court of the district of Kentucky, a writ against Rachel
Robards, which writ shall be framed by the clerk, and express
the nature of the case, and shall be published for eight weeks
successively, in the Kentucky Gazette; whereupon the plaintiff
may file his declaration in the same cause, and the defendant
may appear and plead to issue, in which case, or if she does not
appear within two months after such publication, it shall be set
for trial by the clerk on some day in the succeeding court, but
may, for good cause shown to the court, be continued until the
succeeding term.
Sect.
2.—Commissions to take depositions, and subpoenas to summon
witnesses, shall issue as in other cases.
Sect. 3.—Notice of taking depositions, published in the Kentucky
Gazette, shall be sufficient. " Sect. 4.-A jury shall be summoned,
who shall be sworn well and truly to inquire into the allegations
contained in the declaration, or to try the issue joined, as the
case may be, and shall find a verdict according to the usual mode;
and if the jury, in case of issue joined, shall find for the plaintiff,
or in case of inquiry into the truth of the allegations contained
in the declaration, shall find in substance, that the defendant
hath deserted the plaintiff, and that she hath lived in adultery
with another man since such desertion, the said verdict shall
be recorded, and THEREUPON, the marriage between the said Lewis
Robards and Rachel shall be totally dissolved.
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